Asset Protection Trusts

 

CAPITAL ASSET, INC.

 

since 1990

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Total Asset Protection - Legally, Quickly, Conveniently, Inexpensively and Anonymously

 


Our attorneys form the best offshore asset protection trust available today - customized to your needs


  

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Living Trust


Why International Asset Protection Trust can be Better Protection than any IBC

 

A properly constructed international asset protection trust provides the only truly bulletproof solution, especially for people currently pursued by creditors or involved in a lawsuit, and is the only type of offshore trust accepted completely by the IRS.

 

Ownership

With an IBC, you still own it. Even though it is difficult for a US court to prove because of the nominee officers, when you stand in front of the judge in the courtroom being grilled, it is not so easy to assert that. He will demand to see your tax return to see the offshore income reported there which proves you are beneficial owner of the account, he can have a private investigator do a search to see if you sign on an offshore account. He may or may not accept a plea of anonymity behind nominee officers – he will still consider you the beneficial owner of the IBC and any accounts in its name, especially if you are signer - and nearly all people serve as signers on offshore accounts even when opened in the name of an IBC. If you have left wire trails whenever you’ve sent money into or out of the IBC account, he will find that as well. Or if you have called the offshore bank using your own phone or emailed them from your own computer.

 

If you use an IBC to own assets physically located inside the U.S., it creates big tax problems.

 

Jailed For Refusal To Bring Money Back

Although a judge can’t touch the money directly, if he finds it, he can send you to jail for contempt of court unless you voluntarily bring the money back in the US where he has jurisdiction. We personally know of one individual who has been in jail for 10 years now for exactly that. He refuses to bring the money back, and the judge refuses to lift the contempt order. A judge can keep you in jail on a contempt order indefinitely.

 

 

    

 

    

 

 

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Statute of Limitations on Fraudulent Conveyance

All countries but one honor a 2-year statute of limitations on fraudulent conveyance. If you form an IBC within two years of a lawsuit or creditor pursuit initiated against you, the IBC may not hold up for you.

 

With a properly constructed international trust, filed in Belize which has no statute of limitations on fraudulent conveyance and does not recognize any charge of fraudulent conveyance, you are protected immediately even if in the middle of a lawsuit or creditor attack.

 

Can Even Tell The Judge Exactly What You Have Done

You can stand before the judge and tell him exactly and truthfully what you have done and depend on it to hold up.  You are not the trustee of the trust and you do not sign on the account. You can legally plead impossibility for you to bring the money back. You can say the foreign trustee will not cooperate and you can’t make them, that the trust will not return the money to you. There is nothing any judge, attorney or US agency or authority can do to get it. You get to tell the truth, feel completely comfortable in front of the judge, and know that there is absolutely nothing he or anyone can do to get that money.

 

Does The Foreign Trustee Control My Money?

The trust appoints what is called the 'Trust Protector'. This is your family member or relative or trusted friend that you select for this function. This person has full authority in the trust to fire the trustee or replace him at any time, can have required double signature status with the trustee on the account and serves in general to make sure your assets are handled exactly as you would if they were in your name.

 

No Problems with IRS

There are no problems with the IRS either. They fully recognize international asset protection trust, also known as U.S. offshore grantor trusts as legal and acceptable.  IBCs on the other hand have caused problems for people with the IRS, especially those who don’t fully and correctly report their offshore income.  There are heavy reporting requirements with a trust, though, as well as for an IBC. We can advise you fully on that so that you are in full compliance with the IRS.

 

 

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