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8
Asset Protection Tips
How to
Keep From Putting Your Wealth at Risk
By Sean
Brodrick & Robert E. Bauman, JD
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If you have some money and
assets saved up, you need protection. How much depends on how big your
bank account is. A competent lawyer, financial planner or accountant should
be able to help you decide how far to go in building your asset protection
plan.
And just a few simple steps—plus
some offshore advantages—can make sure that your hard-earned wealth remains
yours and can be passed on to your family and loved ones.
1) Keep a low
profile. A flashy lifestyle is like chum in the water for the circling
schools of lawsuit-happy lawyers and litigants. If people think you are
rich, your chance of being sued skyrockets. One way to lower your profile
is to not title your assets directly in your own name. Instead, use privacy-protected
offshore corporations, family foundations or an asset protection trust
(APT).
2) Shrink the
pot. Let’s say you own a number of rental properties. A tenant slips and
falls at one of these places and decides to sue you. Unless you take precautions,
total damages could amount to the value of ALL your rental properties.
Whether it’s a rental property, a restaurant, or something else, segregate
risks—consider creating a separate corporate entity for each liability
generating asset. Also, never mix liability generating assets. For example,
an apartment house should not be owned by the same entity that owns a restaurant.
3) Going offshore
adds another layer of protection. Whether it’s in an insurance wrapper,
retirement annuity or asset protection trust, placing your assets offshore
puts them out of reach of most frivolous lawsuits. Even lawsuits with an
ax to grind may be ready to settle for pennies on the dollar when they
find out how difficult it is to collect your money offshore. For example,
if you invest your retirement plan in a suitable jurisdiction — Switzerland,
for instance — it can be configured to be essentially claim and judgment-proof.
Another alternative
is a self-settled asset protection trust. As long as they are irrevocable,
have an independent trustee, provide for distributions that are subject
to the discretion of the trustee, and meet some other requirements, there’s
little chance they can be revoked absent criminal or fraudulent activity.
4) Avoid general
partnerships. In this form of business, you’re personally liable for all
debts or other business liabilities the partnership incurs. Any general
partner can commit the partnership (and hence every other general partner)
to any legal contract (like taking out a loan). In today’s litigious society,
it’s a high-risk way of doing business.
5) Protect
assets from taxes, too. If you form a foreign corporation that generates
“active” income from foreign trade or business (not passive income from
investments), and the business is also managed offshore, in most cases,
you don’t need to pay taxes on the profits until you repatriate them. |
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The
Sovereign Society, headquartered in Waterford, Ireland, was founded in
1998 to provide proven legal strategies for individuals to protect their
wealth and privacy, lower their taxes and to help improve their personal
freedom and liberty. |
The
Society's highly qualified contacts recommend only carefully chosen banks
and investment advisors as well as financial and legal professionals located
in select tax and asset haven jurisdictions around the world. The Society
provides advice concerning the establishement and operation of offshore
bank accounts, asset protection trusts, international business corporations
(IBCs), private foundations, second citizenships and foreign residency,
as well as practical safeguards for financial, Internet and personal privacy. |
The
Sovereign Society stands alone in fulfilling this singular, international
offshore service role for its members. To learn more about our organization
and how you too can become a member, please click
here. |
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6) Get Good
Advice. Avoid offshore scam artists—the ones promising that you can lower
your tax bill to zero if you just put all your money in their “pure trust,”
a “constitutional trust” or a “corporation sole.” Well, you might not pay
any taxes, but only because these hoodwinkers will take all your money
and run with it. Instead, work with carefully vetted bankers, investment
advisors, financial experts, and legal professionals from select tax and
asset haven jurisdictions. Always check references and do your homework
on a service provider before sending them a single penny.
7) Pass on
your legacy with an offshore trust. In most cases, while an offshore trust
will protect your assets, it won’t reduce your tax bill. However, an offshore
trust can incorporate provisions that can reduce future estate tax liability.
It can protect your wealth, notwithstanding efforts by the U.S. or other
governments, to discourage legal offshore financial transactions and investments.
Frivolous litigation, expensive legal defense costs, outrageous jury awards,
and government privacy invasions all create an urgent need to protect your
family and business wealth. An APT can do all that and more. One important
point to keep in mind; offshore trusts are effective only if the creator
relinquishes all control over the trust, its assets and the trustee. Otherwise
the APT may be declared to be a sham by a court or by the IRS or both.
8) File those
returns and reports. A certain path to asset loss is ignoring U.S. tax
filing and reporting requirements or giving inaccurate or partial information.
Virtually every nation now has “know your customer” laws that require bank
account applicants to prove their identity, the source of their funds and
their life story. Cash transfers of US$10,000 or more are reported electronically
to the U.S. government. U.S. persons, on their IRS Form 1040, must say
if they have an offshore account, and if activity therein exceeds US$10,000,
a U.S. Treasury Form TD F 90-22.1 must be filed. Lying and failure to file
these reports are separate felonies.
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