The term “global marketplace” has never been more descriptive-particularly when it comes to real estate. There are numerous reasons why many of our clients invest in property overseas, including asset protection, portfolio diversification, retirement planning, privacy, and tax savings. Real estate is not only a very stable investment in many foreign countries, it is also…
The Internal Revenue Service and Department of the Treasury recently finalized regulations that create additional reporting requirements for foreign-owned entities in the United States. Specifically, the new rules require domestic disregarded entities wholly owned by a foreign individual (single-member LLCs) to annually identify its beneficial owner to the IRS in a Form 5472 filing. The…
If questions about asset protection in financially unsafe times are on your mind, you’re not alone. In addition to wondering “how do I protect my assets from lawsuits?” one primary area of concern has been the preservation of purchasing power in uncertain economic times, because there are additional risks to your assets besides lawsuits. Let’s…
Understanding How to Manage Risky Assets If you are a doctor and you own a practice this is probably one of your riskiest assets. What about your office building? How about real estate? If your office building or real estate have equity or are completely paid for, these are considered valuable assets. Not a good…
As you might imagine, I get this question all the time! The answer is – it depends. Generally asset protection refers to situations where individuals or married couples are seeking to protect their assets and property from third parties, such as creditors and potential lawsuits. In terms of one spouse desiring to protect assets from…
Tips for Funding Your Asset Protection Plan We’ve had a lot of interesting call lately regarding unfunded asset protection plans. An asset protection plan–a Family Limited Partnership combined with an International Wealth Management Trust–is only useful for protection against creditors if there are actually assets titled in the name of the plan. That should go…
As asset protection advisors, we sometimes find that professionals and small-business owners tend to underestimate their potential for getting sued. For instance, it’s common to come across a woman who runs a home-based baby clothes business who thinks she is not really at risk of being sued. It’s a fallacy to think this way. If…
There is a lot of confusion about this subject. First let me define domestic asset protection. Domestic AP is any form of protection that relies on the laws of the United States for its ultimate security. This begins with the simple bankruptcy exemptions which are available to everyone and culminates with a domestic Domestic Asset…
There is a frequent misconception that anything to do with asset protection must inevitably involve higher taxes, increased IRS scrutiny and other undesirable situations. Nothing could be further from the truth. Asset protection is not illegal, but should not be considered as a means of saving taxes. In fact, our asset protection plans are tax…
There’s more to Belize than the Barrier Reef and Mayan ruins. This country formerly known as the British Honduras, has aggressively promoted its offshore financial services sectors, including asset protection trusts. For one, the country has a well-established judicial framework that follows English common law. That is a hangover from the country’s colonial past, and…
Asset Protection Trusts Definition To understand what an Asset Protection Trust is, and how it works we must first look at the concept of a Trust itself. In the most basic terms: “A Trust is a legal relationship in which one person (Grantor) transfers something of value (Assets) to a 2nd person (Trustee) to hold…
Charging Order Plus: Another Layer of Asset Protection In some states, limited liability companies (“LLCs”) and family limited partnerships are protected by charging order statutes. A charging order is a judicial remedy that can be used by a creditor to collect from a debtor who owns an interest in certain types of business entities. Charging…
Does Jurisdiction Matter? There is no doubt that jurisdiction matters a great deal. This is particularly true for common estate and asset protection planning tools such as Limited Partnerships and Limited Liability Companies. The reason jurisdiction matters so much is because it is the very statues and case law of the chosen jurisdiction which you…
Compared to the Family Limited Partnership (FLP), the Limited Liability Company (LLC) is the relative newcomer to the field. LLC’s began in the 1970′s in Wyoming and Florida. They create a corporate structure, and give the benefits of a corporation without the downside of double taxation. Prior to the LLC this was accomplished by using…
What is a Limited Liability Company Limited Liability Companies are the relative newcomer to the field of corporate entities. The LLC first began in Wyoming and Florida in the 1970’s. The purpose was to create a corporate structure, which had the benefits of a corporation, without the downside of double taxation. Prior to the LLC…
What are Family Limited Partnerships? An Family Limited Partnership (FLP) is a legal entity known as a Limited Partnership. While the Limited Partnership has been around for over 100 years, they became popular in the 1980’s when many real estate developers and investors began using this structure to assemble groups of unrelated investors. The primary…
A One Time Net Worth Insurance Fee Unlike liability insurance, asset protection insures the asset itself. In fact it protects assets that some insurances can’t even cover. It is also very inexpensive per dollar covered compared to Insurance. Minimal Disruptions to Business From Potential Litigation During unforeseen circumstances such a lawsuit, an asset protection strategy…
Topics & Questions Covered What is fraudulent conveyance? Conveyance is mental intent, or a state of mind, not a crime. Conveyance is a remedy statute. Can you do asset protection if I have creditors? Feel free to contact our office now, or at any time during this course to get an analysis with our in-house…
Topics & Questions Covered If you understand the corporate shield you can understand how asset protection works. Asset protection is a personal shield. The main domestic tool is the Limited Partnership in Arizona, Nevada, or Delaware. The key of the asset protection is the Asset Management Trust, an offshore tool. LLC’s are used to separate…
Topics & Questions Covered The 4 Pillars – Contingent Fees, Attorney Advertising, Ethical Rules, Court Attitudes How the Ethics of the Legal System Has Changed Frivolous Lawsuits are Legal Extortion Why the Legal System is Broken Feel free to contact our office now, or at any time during this course to get an analysis with…
Topics & Questions Covered What asset protection do I already have? IRA’s & defined benefit plans are already protection. Bankruptcy exemptions, homestead, pensions, other assets insurance. If you have anything outside of the above asset protected tools, then you really need asset protection. Feel free to contact our office now, or at any time during…
What does Asset Protection Really Mean? How does it Work?
What are the things I find on the Internet? What gets me in trouble?
How does on retain ownership and control of assets with proper planning.
Irrevocable Trust – is it the solution?
Asset protection is tax neutral when done right.
Asset protection is not based on secrecy. Asset protection is not unethical.
Asset protection cannot be done as a blatant fraudulent conveyance, or in the face of a lawsuit.