To open a business in Panama it is necessary to establish a legal entity that is the vehicle through which commercial transactions are carried out.
Therefore, in Panama, to establish that vehicle or company, we only need the following:
To open a business in Panama, you can choose to set up an offshore company a company with a business license in Panama..
Offshore companies generate income only outside the Republic of Panama; that is, to operate, they do not need an Operations Notice (Business License) or to be registered in the Municipality of Panama.
SThey are those that generate their income within the Republic of Panama, and to operate, they need to request an Operations Notice in Panama and register with the Municipality of the town where they provide their services.
An offshore company is a legal person constituted under the laws of a country and whose income is generated, in full, outside the borders of its country of incorporation. In other words, the company’s activity is carried out in a jurisdiction other than the one chosen to incorporate the company. Due to its ease of establishing companies, its tax regime, and its tax advantages. Panama is an exciting country to establish offshore companies.
An operating company in Panama is a company incorporated in Panama that maintains commercial operations in national territory and that generates its income (in whole or in part) within Panama. This company is necessary when the commercial activity is carried out within the Panamanian jurisdiction. It is important to know the difference, since a company operating in Panama requires a series of additional permits, which are not required of offshore companies.
An operating company in Panama with a virtual office is a company that is constituted in accordance with the laws of the Republic of Panama and that develops its commercial activity both inside and outside the Panamanian territory and for which we offer the possibility of becoming the recipient of information, allowing you to register your company with us. When needing an address in Panama, receiving correspondence from public and private entities is important.
The difference between an offshore company and a company operating in Panama is mainly based on the tax issue.
In the case of the virtual office, , we refer to an extra service that we offer to our clients,whether they have an offshore company or one operating in Panama. In any of the cases, the client can contact us so that his company is domiciled at our address and thus be able to receive communications from public or private entities.
The requirements that are needed for the constitution of an offshore company in Panama will be the following:
The price of setting up an offshore company company is made up of registration fees and signing fees.
An offshore company can operate anywhere in the world. The only limitation of offshore companies is that to operate in Panamanian territory, they must request an operations notice and comply with the due registration in the corresponding Municipality.
An offshore company can provide all kinds of services as long as they are legitimate, there are two parties in agreement, and the activity or business it develops is legal; that is, it is not forbidden to corporations.
The benefit of an offshore company is focused on the ability to bill commercial activities carried out in international markets without having to file an income tax return in Panama or anywhere in the world and with an annual maintenance cost for the company of 701,25 American dollars (USD).
Yes, an offshore company can retain title to trademarks, patents, or any type of physical or intellectual property.
LThe taxes that must be paid annually by offshore companies in Panamá are the following:
La compañía operativa en Panamá debe abonar los siguientes impuestos:
The creation of an operating company in Panama begins with its registration in the Public Registry of Panama through a public deed, for which we will need:
The cost of establishing a company that will have operations in Panama is divided into expenses and legal fees
The expenses include notary, registration and transaction expenses, the payment of the first single rate fee, the first year of the Resident Agent, the Operations Notice, the Public Registry Certification, and the registration in the Municipality of Panama, with a value of US$ 715.00 (seven hundred fifteen americans dollars).
On the other hand, the professional fees for the constitution, notarization, and registration before the Public Registry of Panama of the Articles of Incorporation of a Panamanian Public Limited Company, the registration in the Single Taxpayer Registry (RUC) before the General Directorate of Revenue (DGI) of the Ministry of Economy and Finance (MEF) of Panama, the issuance of the Operations Notice and the registration in the Municipality of Panama, has a value of B/. 1,353.55 with ITBMS. The sum of expenses and fees makes a total of B/. 2,068.55 .
Yes, although you will have to face all tax liabilities in Panama, reporting the profits from your operation as foreign source income. We also recommend that you consult with an attorney from your country if the legislation there has any other requirements.
A company operating in Panama can offer any type of service outside and within the national territory as long as these services do not contravene any legal or constitutional provision that protects their national professionals.
Any person, national or foreigner, can establish an operating company in Panama if they have a valid passport and are of legal age—no need to travel or to live in Panama.
The main objective of an operating company is to carry out its economic activity in the national territory and generate its income in Panama.
Yes, a company operating in Panama can own trademark titles, patents, or any type of physical or intellectual property.
Companies established in Panama must pay income tax at a rate of 25% on profit; they must also pay municipal taxes depending on the economic activities they carry out and the categories reported in their Operations Notice, the minimum being B/. 12.00 per month.
They must also assume the annual payment of the Single Rate (US$ 300.00) and the Resident Agent fee (US$ 300.00 plus ITBMS), and the Due Diligence fee (US$ 75.00 plus ITMBS).
Operating companies in Panama, like non-operating ones, will pay at the time of their registration and in subsequent years a single annual fee of three hundred US dollars (US$ 300.00) to maintain full validity.
The second and subsequent single annual fees will be paid as follows:
In addition, they will make an annual payment of three hundred American dollars US$ 300.00 plus ITBMS (7%) to the law firm or attorney that constitutes their company for their services as their company Resident Agent and for fulfilling their function as the point of contact between the Panamanian State and the shareholders of the company. The law defines the resident agent as the attorney or law firm that provides their services and must keep the records required by Law for legal entities constituted in accordance with the laws of the Republic of Panama. In addition, Panamanian Law requires that every company must maintain a resident agent to guarantee its validity.
Finally, with the approval of Law 254 of November 11, 2021, the Resident Agents of the incorporated Company must submit, once a year, an Affidavit to the General Directorate of Revenue of Panama providing the company’s accounting records and supporting documentation as well as the public accountant general data who keeps them in custody, as well as annually completing the risk matrix that will guarantee the Company’s due diligence.
For this management, the fee of US$ 75.00 (seventy-five US dollars) plus ITBMS (7%) must be paid annually.
The requirements to incorporate or create an operating company with a virtual office are the same as those requested for the client who wishes to establish an operating company in Panama (that is, it generates its income within the Panamanian jurisdiction) or an offshore company (income outside of Panama).
For this, we need:
If the shareholder or final beneficiary is a legal entity (that is, a Panamanian or foreign company), it would be necessary to have a commercial registration certificate stating the validity of the said company. The certificate must be sent with an apostille if the company is foreign.
Regarding the cost of establishing an operating company in Panama (the company that will maintain commercial activity in Panama), we break it down as follows:
EXPENSES TO BE PAID TO ENTITIES | Cost | Units | Total |
Public Registry Registration | B/.60,00 | 1 | B/.60,00 |
Registration Expenses | B/.115,00 | 1 | B/.115,00 |
First Single Rate | B/.300,00 | 1 | B/.300,00 |
Operations Notice | B/.55,00 | 1 | B/.55,00 |
Public Registry Certification | B/.30,00 | 1 | B/.30,00 |
Registration in the Municipality of Panama or Municipality | B/.60,00 | 1 | B/.60,00 |
Virtual Office (set up /first month included) | B/.150,00 | 1 | B/.150,00 |
Transactional expenses | B/.90,00 | 1 | B/.90,00 |
Total Expenses | B/.870,00 |
PROFESSIONAL ATTORNEYS’ FEES: 1.265,00 USD + ITBMS (7%)
Total fixed price: US$ 2,218.55.
The cost of the virtual office will depend on each client's needs, starting with a cost of 50,00 US dollars (USD) plus ITBMs (7%), per month. The set up is 150,00 US plus ITBM (just one time and first month included).
A Panamanian company can operate anywhere in the world. You can have an operating company in Panama with commercial activities in your country. However, we recommend that you consult the regulations of your country if you wish to open an office of that company in your country,as they will surely ask you for a series of requirements to be able to have your headquarters and carry out trade from your country.
Any natural or legal person, Panamanian or foreign, can establish a company or operating company in Panama, provided they are of legal age and have a valid passport.
In the case of Panamanian or foreign legal persons, they must present a valid Public Registry certificate with a maximum of three months old. In the case of legal entities or foreign companies or corporations, said certificate from the Public or Mercantile Registry of the country of incorporation must be sent to Panama with an apostille.
The operating companies with a virtual office are established with the main objective of doing business in Panama, saving establishment costs. Mainly, these companies or companies have a commercial activity that will be carried out in Panama and need, in some way, to maintain an address in Panama, be it commercial or correspondence. For this reason, contracting the virtual office service for your company will save you on rent, personnel, and maintenance costs.
It is correct; operating companies with a virtual office can be holders of trademarks, patents, or any intangible asset anywhere in the world.
The difference between a company operating in Panama and an offshore company lies mainly in the tax issue. The operating company in Panama with a virtual or physical office must pay the following taxes:
It is important to mention that any company incorporated in Panama, whether operational or offshore, must pay the annual Resident Agent fee to the law firm or attorneys that registered the articles of incorporation in the Registry; this annual fee is US$ 300.00 + ITMBS.
As of January 2022 and in order to comply with the compliance measures required of Resident Agents by the Panamanian government, our company and collaborators have established an annual due diligence fee of US$ 75.00 + ITBMS.
The annual payments of the operating company in Panama (that is, the one whose economic activity generates income within the Republic of Panama) are the following:
In the case of the company that operates in Panama there are taxes that the company must pay annually, such as municipal taxes, the tax related to the possession of the operations notice or business license, the payment of income tax that is calculated for legal entities based on 25%.