2. Tax planning and optimisation

Tax optimisation is the reduction of the tax burden through the deliberate and legitimate use of the full range of privileges and advantages provided by tax legislation.

Tax optimisation, when carried out in good faith and with due care, does not infringe any legal provisions.

As the eminent US judge Learned Hand (1972-1961) in Helvering v. “Anyone can run his affairs (business) in such a way as to minimize the taxes he pays; no one is obliged to choose the tax plan that is best for the public budget. Everybody does it, rich and poor alike, and it is legal, because nobody is obliged to pay more to the State than the law requires.”

The right of a taxpayer to act to legally reduce his tax liabilities is a legitimate right of all economic operators to preserve their property in all ways not prohibited by law. The owner of a business may exercise discretion in dealing with his property, provided that such action is in accordance with laws and regulations and does not prejudice the rights and legitimate interests of others. Tax planning is considered a legitimate, encouraged, positive and exemplary activity in many countries around the world (USA, UK, Germany, Spain etc.).

Many entrepreneurs prefer tax avoidance to tax optimisation, hoping to avoid the negative attitude of the public authorities and hoping that such activities, which are contrary to the law, will go unnoticed.

However, careful use of the legislation governing the activities and taxes of individuals and legal entities can in some cases save up to 60% of the tax payable.

Once you have benefited from the expertise of a professional, you can legally and honestly pay much less tax than you are used to for many years.

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