Practical application examples of asking the right question:
1) Direct investment in Real Estate projects are subject to capital gains tax.
2) Providing project financing via a Clean Nominee Bank Account, pension fund structure, is entirely different than a direct investment into real estate. In other words, it depends on how the pension fund, which owns the finance company, is providing project financing. For example a profit share of a development is legally different to the sale of those properties by that pension fund.
Project financing is not a gain on real estate it is a gain on having put up the money and Double Tax Agreement* specifically deals with capital gains with exception.
Knowing the right questions for offshore tax planning and the right structure are reasons tax attorneys with experience need to be engaged.