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Panama Private Foundation

 

 

The Panama Private Foundation (hereinafter known as PIF) has its origins in the Law 25 of 1995, which in turn was inspired in the PGR or better known as the “Liechtenstein Persons and Company Act”, that contains one of the first references to the private non profit foundations. In Panama, this and  the  most  recent  innovations  in  the  Anglo-Saxon  Trust  enabled  the  creation  of  the  Private Foundation utilizing the best features and characteristics of both worlds.
A  PIF  is  a  legal  entity  that  can  be  created  by  either  a  natural  person  or  a  corporation  that  later transfers part or all of his/her assets to the Private Foundation so they can be managed and protected in favour of the Beneficiaries.

ADVANTAGES.

PIF’s may be successfully used to achieve the goals you or your clients have set out for, with the following advantages:
1.  They  provide  a  fiduciary  structure  for  the  orderly  transfer  and  disposition  of  assets  to beneficiaries upon the death of the Founder, keeping control of the assets during lifetime.
2.  They may be established to have effects from the date of their constitution or after the death of the Founder.
3.  According to Law 25 of 1995, inheritance laws that apply in the domicile of the Founder or the Beneficiaries, shall not be effective against the Foundations assets nor may these laws affect the validity or performance of the Foundations objectives.
4.  Foundations are established to carry the specific goals set out in the Foundation Charter and may additionally undertake sporadic commercial activities, exercise rights pertaining to their holdings, own property, contract obligations and take part in administrative or judicial proceedings.
5.  A Private Interest Foundation should be established with a patrimony destined to fulfill its objectives, which shall be no less than US$10,000.00. Said patrimony may be increased by additional contributions of the Founder or third parties and does not have to be paid in part or in full before the incorporation.
6.  The  assets  of  the  Foundation  become  legally  independent  and  do  not  form  a  part  of  the private estate of the Founder. Such assets are not sizeable and may not be subject to any precatory action or measure, unless such action or measure pertains to obligations incurred or damages arising from the fulfillment of the Foundations objectives.
Notwithstanding  the  creditors  of  the  Founder  or  of  a  third  party  shall  have  the  right  to contest the contribution or transfer of assets to a foundation when such transfer constitutes an act in fraud of the creditors. The rights and actions of such creditors shall lapse at the expiration  of  three  (3)  years,  counted  from  the  date  of  the  contribution  or  transfer  of  the assets to the foundation was done.
7.  According to article 27 of Law 25 of 1995, Private Interest Foundations are exempt from payment of any taxes, contributions, duties, liens or assessments of any kind arising from the acts of constitution, amendment or extinction of the same, as well as acts of transfer or encumbrance of the Foundations assets and the income arising thereof, when related to:
1.  Assets localized abroad;
2.  Money  deposited  by  natural  or  juridical  persons  whose  income  does  not  derive from a Panamanian source is not taxable in Panama for any reason;
3.  Shares or securities of any kind issued by corporations which income is not derived from a Panama source, or which are not taxable for any reason, even when such shares or securities are deposited in the Republic of Panama.
The transfer of unmovable property, titles and certificates of deposits, assets, funds, securities or shares carried out by reason of the fulfillment of the objectives of the foundation or the termination of  the  same,  in  favor  of  relatives  within  the  first  degree  of  consanguinity  or  the  spouse  of  the Founder shall also be exempted from all taxes.

 

 

 

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