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DEFINITION: If
your primary goal is to protect
assets from domestic judgements and get estate planning benefits,
combining a domestic LLC with a foreign asset protection trust is
a good option.
This service combines a domestic
(i.e. U.S., U.K., etc.) LLC with a foreign asset protection family
trust. It has proven to be one of the most effective strategies
at protecting real estate holdings, homes, stocks, bonds, and other
profit producing enterprises from domestic judgements. This strategy
is tax neutral (i.e. has no tax benefit), but has excellent asset
protection and estate planning benefits. The current owner, who
desires to protect an asset from future claims, transfers this asset
into the LLC. The current owner (who now becomes the former owner)
then becomes the manager of the LLC with control and use of the
asset. The foreign asset protection trust is a member of the LLC
and holds 99% of the membership interests so that the membership
interests are safe from creditor claims. The foreign asset protection
trust is set up in a jurisdiction that does not recognise U.S.,
U.K. etc. judgements. As before Belize or Nevis are our top choices.
The former owner's family members are the beneficiaries of the trust,
which makes it ideal as an estate-planning tool.
Creditors of either the former owner
and/or the LLC manager cannot take the actual asset but can only
get a charging order on the 1% membership interest held by the client
in the LLC. This means that the creditor will only be entitled to
a 1% share of profits, if and when any profits are distributed.
The creditor must pay taxes on the 1% share of the profits regardless
of whether the creditor receives profits or not. This can be very
frustrating and expensive to a creditor.
The Foreign Asset Protection Trust
member adds other important jurisdictional asset protection barrier
virtually impossible for U.S. or other creditors to overcome. The
foreign asset protection trust can also hold assets alone without
being combined to the LLC. These assets could be stocks or precious
metals for instance. However, for all assets located in one's country
of residence, such as vehicles and real estate where title registration
is the norm, a domestic LLC provides a low profile way to title
the assets without creating undue attention. It should be noted
that since the Asset Protection Trust is not directly owning the
assets, but merely is a partner in the LLC, owning an ownership
interest thereof, there are no Trust reporting requirements.
As with our IBC, this Domestic LLC
/ Foreign Asset Protection Trust combination follows a similar principal
of utilising the trust as a purely passive entity to own a majority
of the ownership interests of the LLC. This strategy puts the trust
into the background where it truly belongs so you are not forced
to "advertise" to the world that you have your assets placed into
a trust. Since all the trusts we set up contain an anti-duress provision,
no court of law can compel the trustee of the offshore trust to
relinquish it's ownership interest in the LLC and no judgment against
the trust would of course be recognised by the jurisdiction in which
the trust is domiciled.
Separate LLC / Trust combinations
should be set up for each property. Likewise, business equipment
and automobiles can also be placed into additional LLC / Trust combinations.
Businesses, which are so often the target of liability proceedings,
end up owning few, if any, assets. Nobody, not even the government,
can take from you or your business what you or your business don't
legally own.
BENEFITS: Following
is a brief summary of the benefits explained above:
- A domestic LLC Combined
with a Foreign Asset Protection Trust is one of the most effective
strategies at protecting real estate holdings, homes, stocks,
bonds, and other profit producing enterprises from domestic judgements.
- It offers significant estate
planning benefits.
To
set up a domestic LLC combined with a Foreign Asset Protection
Trust
contact us now at scib@hushmail.com.
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