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The Panama Canal Silicon Valley
by Dr. Juan Francisco Pardini
Pardini and Associates is a Panama business law firm specializing  in offshore companies, trusts, foundations, foreign investments, banking, maritime, telecom, immigration, real estate and asset protection. The firm has offices in Panama, Tokyo, BVI and Bahamas.  Visit the firm's website at www.padela.com. Email: pardini@padela.com

OFFSHORE eCOMMERCE

Not a day goes by when the news isn’t dominated by the tales of fast-track internet start-ups and roller-coaster NASDAQ stars. Awareness of the digital economy has pervaded our world. Yet for many entrepreneurs, it’s as if there is this other world out there that we all watch, wondering how much we have to embrace it and when it will truly become part of our lives.

The answer to that question is now. The Centre for Research in Electronic Commerce of the University of Berne, Switzerland, defines e-comerce as the “purchase and payment of goods or services over networks in general or the internet in particular.”

If we define commercial offshore trading activities as selling products or services between at least two jurisdictions, e-commerce seems to naturally complement offshore e-commerce.

Since we are generally dealing with the  purchase of goods or services, there obviously needs to be at least two parties involved: the seller and the buyer.  Two different purchase scenarios are identifiable:

In the first scenario, the seller and the buyer are a company or business. This scenario describes business-to-business e-commerce.

In the second scenario, the seller is a company or business and the purchaser is the end consumer.

This scenario generally describes business-to-consumer e-commerce.Whether the buyer is a business or an end-consumer, professional e-commerce solutions usually involve complex database driven websites with the possibility to buy goods or services over the Internet and pay online by credit card.

But selling goods or services is not the only possibility available for e-commerce solutions.  Another interesting option is to provide  services online for certain user groups (whether individuals or companies), which also involves database driven online services.

KEY FACTORS

Although it is impossible to draw up a comprehensive list of businesses that can benefit from offshore e-commerce. It is possible to identify key factors that facilitate such solutions.

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Telecommunications infrastructure

According to the definition of e--commerce, it is absolutely essential for an offshore jurisdiction that a suitable infrastructure is available in order to attract e-commerce business. This includes a high-bandwidth with internet connection with a minimum of so-called downtimes, i.e. interruptions, availability 24 hours a day and 7 days a week.

Accessibility for installation and maintenance

Although a great deal of technical maintenance work can be arranged by  accessing the general technologies involved,  the accessibility of the location of the server and its software leads to lower resulting ongoing costs.

Relevant technical know-how and human resources

Apart from the pure technical connection to the Internet, it is essential to keep high service reliability at all times. This means that highly qualified staff must be available at all times.

Products, Services and Trust

It is understandable that not every product or service is suitable for e-commerce.

The product or service sold should be easy to “identify” by the business or end-consumer. 

Favorable tax regime

If the operators move partly away from their original home base, it is natural that the tax regime of the chosen jurisdiction should have some sort of tax advantage. 

This can be a zero tax or a low tax regime, with or without a double tax treaty network. 

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COST SAVERS

If we look at the basic key players in an e-commerce scenario (i.e. the supplier of physical or digital products and services; the company  with its primary and  secondary activities, and the website and the customers) they can all be considered pieces on a board game. 

Depending on the arrangement of the pieces,  the company can save costs in different ways:

a) It can move the website i.e. the marketing and selling department offshore and save costs on maintaining the website, because of lower wages and save tax because of the lower or lack of corporate and individual taxation.

b) Storage facilities can be moved into a jurisdiction having favorable tax treaties with regard to customs and transportation costs, depending on the location of the customers, and link the storage management into the ordering system and billing system via the internet.

c) Individual activities of the company (for example online tracking systems, billing systems etc.) can be moved offshore and save costs on lower or no corporate and individual taxes.

One has to bear in mind that a simple website might not be sufficient to determine a “permanent establishment” for tax purposes.  Care must be taken to structure the business activities in a way that actually creates tax advantages based on the jurisdiction of the e-commerce facility.  It is therefore advisable that the server is located where the permanent establishment of the e-commerce transaction is desired.

So the key steps to analyze whether e--commerce is a viable option for a business are:
  • Define the type and location of the supplier, the primary and secondary activities and the customers.
  • Analyze whether the total costs of the business (salaries, corporate/individual/other tax, cost of primary or secondary activities) can be reduced by moving the location of individual elements into another jurisdiction, as well as linking them to the rest of the business by applying internet technology.
PANAMA

If internationally-minded e-commerce companies or entrepreneurs and their bankers or brokers were to be looking for the ideal centre, it could probably come as a surprise to find that Panama  has no strange sounding name, nor is it located in a geographically unidentifiable place, and that practically any conceivable requirement can be met and satisfied by one of the most traditional and reputable sources of legal and financial services available in the world.

Considering the the key factors mentioned above, let us examine why anyone should move  e-commerce activities into Panama now that we have established why companies and businesses can use e-commerce offshore.

Main Advantages

  • US dollar based economy
  • Earthquake free
  • No active volcanoes
  • No hurricanes
  • No tax
  • Excellent living conditions
  • Fully bilingual certified engineers
  • Best submarine fiber optic access of the region
  • No pollution
  • Telecommunication Infrastructure

    Panama has the best access to multiple high-bandwidth continental fiber optic networks in telecommunications infrastructure. The extremely low risk of natural disasters (hurricanes etc.), gives the Panama telecom sector security and reliability of service as well as a competitive advantage over other offshore jurisdictions.

    Accessibility for installation and maintenance

    Panama is extremely easy to access from almost anywhere, due to its central location in the middle of the Americas. Its proximity to large cities in the US and Europe makes it relatively cost effective to bring in specialist know-how for installation and maintenance.

    Relevant technical know-how and human resources

    Panama's long history as a international banking and services jurisdiction, has resulted in the availability of technical know-how in internet technology and information technology as well as sufficient human resources to install and maintain e-commerce operations.

    Location

    Accessing Panama is easy from anywhere in the world.  Living conditions are very similar to the US, but the cost of living is one-half. 

    Favourable tax regime

    Panama is a zero tax jurisdiction.  There are no double tax treaties which can be used for commercial activities.  No VAT is payable on good or services exported from Panama. 

    Hub for CyberCommerce

    All the preceding advantages, incentives and infrastructure place Panama Panama as an ideal location for:

    • Internet Service Providers
    • E-Commerce Providers
    • Applications Outsourcing ASP
    • Broadband Content Providers
    • New Media Content Providers
    • Exchange Traffic
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