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Planning & Trust Info

This section is a virtual encyclopedia of information regarding asset protection trusts and asset protection planning. These articles provide info on basic asset protection planning, the 8 key concepts of asset protection, information on offshore asset protection, fraudulent transfer/conveyance, past newlestters, tax advice, rust articles, misc. articles, etc.
  • What is an Asset Protection Trust?
  • Dynasty Trusts
  • Asset Protection Trusts - How do they work?
  • Who needs Asset Protection?
  • Basic Asset Protection 1
  • Basic Asset Protection 2
  • 8 Key Concepts
  • Practical uses of asset protection trusts
  • Settlement of an asset protection trust
  • Practical uses of asset protection trusts
  • Basic Trusts
  • Asset Protection Trusts - Guernsey
  • Asset Protection Trusts - Guernsey
  • Jurisdiction Selection
  • Best State for Asset Protection
  • What are Asset Protection Trusts
  • Death of Asset Protection Trusts
  • Low Income Trusts
  • Asset Protection under Nevada & RULPA
  • Foreign Asset Protection Trusts - FAPT's
  • Rutgers Law Review
  • Western Samoa Trusts
  • Isle of Man
  • Jersey
  • Lubuan
  • Liechtenstein
  • Privacy and asset protection
  • Lawsuit boom pushes people into protecting assets
  • Asset Protection privacy and the Internet
  • Revocable Trusts and avoiding probate
  • Asset protection: what assets need protecting?
  • Strategy tips for asset protection
  • Asset Protection Trusts: more ways to protect your finances
  • Where do you entrust your trusts?
  • The purpose of an Asset Protection Trust (APT)
  • Does Asset Protection really work?
  • Frequently asked questions about Asset Protection Trusts
  • Basic information about Asset Protection Trusts
  • Domestic Asset Protection Trust
  • Nine big mistakes in Asset Protection Planning
  • Can having Asset Protection get you in trouble?
  • Protecting your assets now
  • Asset Protection and Fraudulent Transfer
  • The legality of Asset Protection
  • Fraudulent Conveyance and how to avoid it

Annuities

The word “annuity” is defined as “an amount payable annually”. Specifically, an annuity refers to a contract offered by insurance companies allowing you to save funds for retirement on a tax-favored basis and then, if you want to, you can receive a guaranteed income payable either for life or for a certain time period.

Asset Protection Scams

Many of “scam artists” can be found on the Internet and will try to convince the unsuspecting that their Asset Protection “package” will save taxes or, worse they’ll tell you that you won’t have to pay any taxes at all! Advice that helps you know if your dealing with a scammer or not.
  • Asset Protection Scams 1
  • Asset Protection Scams 2
  • No 1 Scammer - Jerome Schneider
  • Insurance Scam
  • Tax Smammers - IRS Warning
  • Consultant Scammers
  • Diplomatic Titles Scam
  • ID Theft
  • Identity Theft
  • Tax Schemes
  • Fraudulant Trust schemes
  • Tax scam warning
  • IRS Tax scam warning: misuse of trusts
  • Asset Protection Scams: Asset protection "Institutes"
  • IRS tax scam warning: fraudulant offshore transfers
  • Pure Trust scam
  • Asset Protection Seminar scams
  • Living Trust scams
  • Trust Scams: Books dealing with offshore trusts

Asset Protection Cases and Information

There’s been many cases brought to court (or are currently in court) that involve “Tax Fraud”, “Income Tax Evasion,” or “Fraudulent Conveyance” etc. This section keeps readers up to date with the various rulings and court cases involving Asset Protection and matters related to it.
  • Dahlstrom v. IRS Pure Trusts Constitutional Trust case
  • Dahlstrom v. IRS Case number 2 Pure Trusts, Constitutional Trust case
  • Douglas Pure Trust Case - fraud
  • Pure Trust Case: Aagaard, One of the many showing pure trusts to be pure fraud
  • US vs. John Eulich Case
  • John Eulich Case - additional
  • Tax Cheat Sentenced - John R. Adams
  • Jersey - The Esteem Settlement Case
  • No 1 Scammer - Jerome Schneider
  • Ware - Pure Trust Case
  • Trust Case - Stephan Jay Lawrence
  • O'Donnell - Pure Trust Case
  • Pure Trust Constitutional Trust Case
  • Gibraltar Trust - Bankruptcy
  • Guernsey Trust Law Case
  • Pure Trust Case - Harrold
  • Logan Pure Trust Case
  • The Case for Bermuda's Independence
  • Tax cheat denied bond
  • The ordeal of Mrs. Thomas
  • Supreme Court makes ruling on IRAs
  • Federal Judge rules FBI as "reckless"
  • States attempting to blunt Supreme Court ruling
  • Fifth Circuit Court decision on family limited partnerships
  • U.S. v Grant
  • U.S. v Raymond and Arline Grant: Arline is ordered to appoint U.S. Trustees to allow for the repatriation of assets

Bankruptcy

“Asset Protection” involves protecting assets (including cash, stocks, real estate, etc.) from being seized by creditors or plaintiffs. “Bankruptcy” is defined as a court proceeding in which an insolvent debtor’s assets are liquidated and the debtor is relieved of further liability. The passage of the “Bankruptcy Reform Act” changed the way an individual can file for bankruptcy (specifically “Chapter 7” and “Chapter 11”). Therefore, having a solid “Asset Protection Plan” in place while the financial (and legal) seas are calm can be quite beneficial.

Family Limited Partnerships

This section deals exclusively with FLPs, and has articles providing information on how FLPs work, how to structure them, charging order protection, using FLPs for estate planning purposes, FAQ’s about FLPs, FLP maintenance, building wealth with a FLP, IRS, and FLPs and creditor protection.

Estate Planning

“Estate Planning” is an extremely important tool in Asset Protection. Dying “intestate” (meaning not having a will or a trust in place at the time of death) could cause years of time spent in court, high attorney’s fees, etc. Something no survivor should have to go through. Proper Estate Planning includes some (or all) of the following: “Family Limited Partnerships,” “Living Wills,” “Living Trusts,” etc.

Asset Protection Jurisdictions

“Asset Protection Trusts” can be formed “offshore” in countries whose laws benefit the trust’s “settlor.” What makes forming an “offshore trust” desirable is the fact that the countries do not automatically recognize the jurisdiction of U.S. courts. This means that a properly implemented Asset Protection Trust can prevent creditors from seizing your assets.

Asset Protection Laws and Sections

each year, newer laws are enacted involving “Taxation,” “Bankruptcy,” “Money Laundering,” etc. The “USA PATRIOT Act” is one law that should be carefully watched. Under the guise of combating terrorism, Federal law enforcement agencies have the power to look into your bank account and any financial dealing you might have overseas.

  • Sec 877 - Expatriation to avoid tax
  • Sec 957 - Controlled foreign corporations US persons
  • Sec 6039 - Large Gifts for Foreign Persons
  • Sec 951- Amounts included in gross income
  • Sec 367 - Foreign Corporations
  • Sec 952 - Subpart F - Income Defined
  • Sec 953 - Insurance Income
  • Sec 1441 - Withholding of Tax on NonResident Aliens
  • Sec 1442 - Withholding of Tax on Foreign Corporations
  • Sec 901 - Taxes of Foreign Countries
  • Isle of Man Trustee Act 1961
  • Subpart F - Income Defined
  • Hague Convention Trust
  • Tax Income on Foreign Corporations
  • Jersey Trust Law 1984
  • The Bahamas Variation of Trusts Act 1961
  • Liechtenstein Law of Persons and Companies, Articles 897-932
  • Tort Reform
  • Bankruptcy Law
  • US Patriot Act and banking privacy
  • New banking rules address cosumer data theft
  • Possible revision to PATRIOT Act
  • Why PATRIOT Act provisions should expire
  • The New Bankruptcy Act: Part 1 - Overview
  • Why PATRIOT Act provisions should expire - Part II
  • ATRA says CA lawsuits hurt jobs and businesses
  • Corporate America attempts to stall USA PATRIOT Act
  • Gonzales finds fault with Senate version of USA PATRIOT Act
  • Poll shows a need for Legal Reform

Limited Liability Companies or LLC's

“Limited Liability Companies” (or “LLCs”) differ from “Corporations” in that a “corporate shareholder” is subject to judgment creditors (who can take control of the corporation) while a “LLC member” would not be subjected to such. This means that, if one member of an LLC is sued, the judgment against him will not affect the other LLC members.

Miscellaneous Asset Protection Information

This section deals with matters such as “Privacy,” “Nevada Corporations,” “Offshore Banking,” “USA PATRIOT Act,” etc. While they may not deal directly with Asset Protection, the articles are to keep readers informed about various items that are related to the individual in particular and the world of business as a whole.
  • Secret Bank Accounts
  • Protective Devices
  • Property Protection
  • Investing in Gold
  • Patriot Act
  • Wills - Basic Asset Protection
  • Durable Power of Attorney
  • Property Rights
  • Foreign Intelligence Surveillance Court
  • Privacy Alert
  • Financial Planning
  • 412 (I) Plans
  • Judgement Proofing
  • Abusive Trusts
  • Eire Bank Regulation
  • Lost Bank Information
  • Cell Phone Vulnerability
  • The difference between security and control
  • Government seeks access to bank records
  • Justice Department could monitor internet
  • "Big Brother" Awards
  • Investing in precious metals
  • Experts say bank disclosures won't stop terrorism
  • Ways of protecting your privacy
  • Data Brokers Vow to Protect Personal Info
  • Anti-Money Laundering Software
  • Zabasearch.com
  • UN money laundering treaty fails
  • Cash detectors under development
  • Where is John Galt?
  • National ID cards
  • Deadly retirement mistakes
  • Ten ways to prepare for retirement
  • FBI seeking to seize records without judicial okay
  • Privacy and the USA PATRIOT Act
  • Which assets should you protect?
  • SAFE Act vs PATRIOT Act
  • Senators unveil data breach bill
  • Basics on "C" Corporations
  • Nevada Corporations
  • Further information on Nevada Corporations
  • Charging Orders - their origins
  • Banking, privacy and the USA PATRIOT Act
  • State Department announces new rules on passports
  • Cellular phones and telemarketing
  • The Solvent Transferor
  • Stock Scams
  • New National ID: will it track your movements?
  • Another UN official is charge with money laundering
  • Hurricane Katrina: We are quite capable of taking care of ourselves, thank you!
  • More facts regarding Hurricane Katrina
  • Some facts on Swiss banking secrecy
  • offshore banking
  • U.S. Treasury tightens rules on offshore patents and licenses
  • How to reduce risk factors to protect your privacy
  • A few thoughts about the USA PATRIOT Act
  • Some ideas about keeping your affairs confidential
  • IRS requests court for PayPal client list
  • The concept of "Universal Jurisdiction"

Past Asset Protection Corporation Newsletters

  • LLCs and asset protection, May 15, 2005
  • Fraudulant conveyance, FLPs and LLCs, June 14, 2005
  • Asset protection and bankruptcy, June 15, 2005
  • Bearer shares, LLCs and Nevada..., June 21, 2005
  • Self-help tort reform, June 22, 2005
  • Life after debt, June 30, 2005
  • Planning, it's just planning, July 5, 2005
  • Asset Protection and the Real Estate Paradox, July 12, 2005
  • Key Rule: never trust anyone with your hard earned assets, July 19, 2005
  • Kinetic Asset Protection, July 21, 2005
  • Kinetic Asset Protection Part 2: the basics of asset protection, July 29, 2005
  • Governments, Competition and Public Policy, August 2, 2005
  • Kinetic Asset Protection: The Players, August 4, 2005
  • Generational Wealth and Domestic Asset Protection, August 9, 2005
  • Kinetic Asset Protection: when the financial seas are calm, August 11, 2005
  • Asset Protection and Long Term Care, August 16, 2005
  • Kinetic Asset Protection: Moving to Red Alert (Part 1), August 18, 2005
  • News and Vioxx, August 23, 2005
  • Kinetic Asset Protection: Moving to Red Alert (the tax downside), August 25, 2005
  • Getting to know asset protection, August 30, 2005
  • Kinetic Asset Protection: Moving to Red Alert (Part 3), September 1, 2005
  • Your Money and Your Name, September 6, 2005
  • Oil and Asset Protection, September 13, 2005
  • Choosing the battleground, September 15, 2005
  • Another scammer bites the dust, September 22, 2005
  • Creditors and Mortgage Lenders, September 27, 2005
  • Asset Protection in Light of Rita, September 29, 2005
  • Solving Your Capital Gains Tax Trap, October 4, 2005
  • Kinetic Asset Protection: Why The Trustee Doesn't Matter, October 6, 2005
  • Asset Protection: Italian Style, October 11, 2005
  • Between Katrina, Rita and Allah, October 13, 2005
  • Asset Protection and Changing Times, October 18, 2005
  • If You Didn't Think That Our Legal System is out of Control, Then Read On, October 20, 2005
  • Nature Abhors a Vacuum, October 25, 2005
  • An Urban Legend Debunked, October 27, 2005
  • Separating Assets, November 1, 2005
  • Kinetic Asset Protection: Where's Spot?, November 3, 2005
  • Corruption and Asset Protection, November 8, 2005
  • Paris is Burning....NOT!, November 10, 2005
  • Compliance, November 15, 2005
  • The Arline Grant Case, November 17, 2005

General Partnerships and Limited Partnerships

This section provides information on the differences between general and limited partnerships and the effect of charging orders or charging order protection on limited partnerships.

  • The difference between limited partnerships and general partnerships
  • Charging orders and Limited Partnerships
  • Asset Protection and Limited Partnerships

Pet Peeves

This section contains information on subjects that affect all of us. These include “Frivolous Lawsuits,” “bad lawyers,” “Death Taxes,” etc. One topic in particular that is probably a “Pet Peeve” with many would be frivolous lawsuits. Litigation in the U.S. is out of control and, along with that, so are our courts.

Offshore Asset Protection Information

This section’s articles deal with the pros and cons of having offshore trusts, the legality of offshore trusts, so-called offshore “havens,” the best offshore countries, and so on.
  • Tax Havens - Overview 1
  • Tax Havens - Overview 2
  • Offshore Planning
  • Best Offshore Tax Havens
  • Banking Secrecy
  • Caribbean Tax Havens
  • Sen. John Kerry Cracks Down
  • Kerry's Offshore Tax Haven Crackdown
  • Kerry on Bermuda
  • Banking Offshore
  • Swiss Annuities
  • Republic of Ireland - New Tax Haven?
  • Offshore Asset Protection
  • European Commission Curbing Tax Havens
  • Barbados
  • Overseas Financial Freedom
  • Offshore Terrorist Havens
  • Offshore Liechtenstein
  • Hidden Bank Accounts
  • Money Laundering - Antigua and Barbuda
  • Delaware - A domestic 'offshore' haven
  • Offshore: St. Kitts and Nevis
  • Caribbean tax havens - Will they survive?
  • The advantages of investing offshore
  • Low tax havens
  • Facts about Sweden
  • Taxing foreign subsidiaries
  • UK to crackdown on havens
  • Offshore Financial Centers thrive
  • Offshore Trusts
  • Offshore Trusts: Are they the right choice?
  • Offshore bias
  • UK Revenue Office probes Irish Banks
  • Should you incorporate offshore?
  • Why have an offshore trust?
  • Barbados and International Business Companies (IBCs)
  • U.S. Citizens and offshore trusts
  • Offshore havens - the Republic of Panama
  • UK Treasury denies pressuring Jersey states
  • Hong Kong hosts fete for companies and investors
  • Montenegro
  • Montenegro's Act on Foreign Businesses - Part One
  • Montenegro's Act on Foreign Businesses - Part Two
  • Montenegro's Act on Foreign Businesses - Part Three
  • Montenegro's Act on Foreign Businesses - Part Four
  • Offshore havens - Belize
  • World Bank reports that New Zealand has the most businesss-friendly econom
  • Offshore Asset Protection Planning
  • Foreign Earned Income Exclusion
  • The Republic of Montenegro - a Balkan "Hong Kong"
  • Some thoughts regarding Offshore Banking
  • Hiding Money Offshore

State by State Asset Protection Overview

Each state has different laws regarding “bankruptcy,” “incorporation,” “estate taxes” and so on. Being aware of the laws of the state you’re in (or where you may wish to relocate) could make a difference when it comes to forming a business or protecting your assets.

Tax Subjects related to asset protection trusts, offshore banking, investing, etc

This section provides readers information regarding both “taxes” and “taxation.” Topics include information on “Tax Shelters,” the “IRS,” “Flat Tax,” “Global Taxation,” “Tax Scams,” “Tax Avoidance,” etc.
  • Global Taxation
  • IRS - Section 1203
  • Tax Laws
  • Asset Protection Tax Planning
  • Taxes - Madening Numbers
  • Tax Scammers - IRS Warning
  • Tax Myths
  • Family Loans
  • Should Taxes be Abolished?
  • Tax Cheats - The Andersons
  • Tax Avoidance
  • Flat Tax
  • Tax avoidance scams
  • Tax shelters
  • IRS has setback in tax shelter case
  • The truth about "Tax Justice"
  • Foreign Income withholding exemptions
  • Taxation on foreign stock
  • IRS tax shelter crackdown a success
  • Taxing expatriates
  • Reforming the IRS
  • IRS will pursue more audits
  • Circular 230 revisions
  • Tax fraud promoters sentenced
  • "Son of Boss" tax shelter abusers settle with IRS
  • Estate Tax: History versus Myth
  • Tax scam warning
  • Taxation and U.S. expatriation
  • Taxes in relation to Asset Protection Trusts
  • Tax protestor found guilty
  • Flat Tax gathering momentum in Western Europe
  • The Flat Tax – a better idea
  • How the Flat Tax could affect offshore tax havens
  • Death knell for tax havens?
  • The IRS: Doing away with due process
  • Steve Forbes says: Let's kill the Federal Tax Code and start over
  • In praise of the Flat Tax

Trust Information

This section gives examples of the various kinds of trusts: “Revocable Trusts,” “Living Trusts,” “Domestic Asset Protection Trusts,” “Estate Trusts,” etc.
  • Dynasty Trusts: what they are and how they work
  • Irrevocable Trusts and their uses
  • Life Insurance Trusts
  • Revocable ("Living") Trusts
  • Trusts for beginners
  • How trusts began
  • How revocable/living trusts work
  • Facts about Domestic Asset Protection Trusts (DAPTs)
  • Foreign or Domestic Asset Protection Trusts: which one is best?
  • Living Trusts
  • Advantages and disadvantages of Living Trusts
  • Some misconceptions about Living Trusts
  • Trust Estate questions and answers
  • Legal principles that are applicable to trusts
  • Remainder Purchase Marital Trusts
  • States that allow Dynasty Trusts
  • Beneficiary Controlled Trusts
  • Irrevocable "Crummey" Trusts
  • Defective Trusts
  • Estate Trusts
  • Considering an offshore trust
  • Advantages of Revocable Living Trusts - Part One
  • Advantages of Revocable Living Trusts - Part Two
  • Revocable Living Trusts - the basics
  • Revocable Living Trusts - the benefits
  • Revocable Living Trusts - the drawbacks
  • Irrevocable Gift Trusts (IGTs)
  • The drawbacks of an Irrevocable Gift Trust

Trust Scams and Scammers

Unfortunately, asset protection planning has brought about a good number of “scammers.” This section has articles that deal with illegal trusts, which include Abusive Trusts, Pure Trusts, Charitable Trusts and Equipment Trusts. These articles describe in detail how these trusts are set up and, just as quickly, brought down by courts of law.

VEBA Information

The Voluntary Employees’ Beneficiary Associations or “VEBAs”, was created 1928 in response to demands from workers’ associations. The IRS code was amended to make VEBAs tax exempt entities as well as allowing employers to provide benefits for their employees.

  • Part One: the history of VEBAs from 1928 to the 1980's
  • Part Two: the history of VEBAs
  • VEBAs frequently asked questions from the mid-1980's to the present Part One
  • VEBAs frequently asked questions - Part Two
  • VEBAs frequently asked questions - Part Three
  • VEBAs frequently asked questions - Part Four
  • VEBAs frequently asked questions - Part Five
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