08.09.2015 Views

The Marvont Group: A Short Review on Asset Protection Trust

As your leading source of information regarding asset protection, the Marvont Group simply defined asset protection trust as any trust used to safeguard assets from creditor attack. Normally, an asset protection trust is set up in an offshore jurisdiction, even though assets will usually remain in the United States under the indirect control of the settlor – or the person establishing the trust.

As your leading source of information regarding asset protection, the Marvont Group simply defined asset protection trust as any trust used to safeguard assets from creditor attack. Normally, an asset protection trust is set up in an offshore jurisdiction, even though assets will usually remain in the United States under the indirect control of the settlor – or the person establishing the trust.

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<str<strong>on</strong>g>The</str<strong>on</strong>g> <str<strong>on</strong>g>Marv<strong>on</strong>t</str<strong>on</strong>g> <str<strong>on</strong>g>Group</str<strong>on</strong>g>: A <str<strong>on</strong>g>Short</str<strong>on</strong>g> <str<strong>on</strong>g>Review</str<strong>on</strong>g><br />

<strong>on</strong> <strong>Asset</strong> Protecti<strong>on</strong> <strong>Trust</strong><br />

As your leading source of informati<strong>on</strong> regarding asset protecti<strong>on</strong>, the <str<strong>on</strong>g>Marv<strong>on</strong>t</str<strong>on</strong>g> <str<strong>on</strong>g>Group</str<strong>on</strong>g><br />

simply defined asset protecti<strong>on</strong> trust as any trust used to safeguard assets from creditor<br />

attack. Normally, an asset protecti<strong>on</strong> trust is set up in an offshore jurisdicti<strong>on</strong>, even though<br />

assets will usually remain in the United States under the indirect c<strong>on</strong>trol of the settlor – or<br />

the pers<strong>on</strong> establishing the trust.<br />

<str<strong>on</strong>g>The</str<strong>on</strong>g>se trusts are normally structured so that: they are irrevocable for a term of years and<br />

the settlor is not a current beneficiary; they are treated as domestic grantor trusts for tax<br />

purposes, even if they are “foreign trusts”; and the undistributed assets of the trust are<br />

returned to the settlor up<strong>on</strong> terminati<strong>on</strong> of the trust, given there’s no current possibility of<br />

creditor attack, thus allowing the settlor to recover complete c<strong>on</strong>trol over the previously<br />

protected assets.<br />

Furthermore, the <str<strong>on</strong>g>Marv<strong>on</strong>t</str<strong>on</strong>g> <str<strong>on</strong>g>Group</str<strong>on</strong>g> described asset protecti<strong>on</strong> in several ways, such as it is:<br />

an effective tool to resolve or prevent litigati<strong>on</strong>; a method to keep the ownership of assets<br />

completely c<strong>on</strong>fidential; an alternative to traditi<strong>on</strong>al prenuptial agreements; a hedge<br />

against possible exchange c<strong>on</strong>trols; a tool to protect pensi<strong>on</strong> assets and give an insolvent<br />

debtor a fresh start; an ideal approach to avoid forced heirship laws that are comm<strong>on</strong> in<br />

Europe; and a way to internati<strong>on</strong>alize investment and hedge against governmental<br />

instability.<br />

Previous reviews show that there are numerous techniques that can be used to protect<br />

various types of assets. Most are suitable for every pers<strong>on</strong> and are based <strong>on</strong> comm<strong>on</strong> sense,<br />

while others are suited to wealthy or so<strong>on</strong>-to-be-wealthy individuals. <strong>Asset</strong> protecti<strong>on</strong><br />

techniques vary <strong>on</strong> both the locati<strong>on</strong> and type of property.


What is comm<strong>on</strong> to all asset protecti<strong>on</strong> techniques is that they make it harder for a creditor<br />

to either find or take the assets. With a properly c<strong>on</strong>structed asset plan that might include<br />

an asset protecti<strong>on</strong> trust and a family limited partnership, a pers<strong>on</strong> can legitimately put a<br />

significant part of his assets from the reach of judgment creditors and still retain<br />

substantial c<strong>on</strong>trol over those protected assets.<br />

A properly implemented asset protecti<strong>on</strong> approach minimizes the size of the target the<br />

plaintiff’s attorney is aiming for. As so<strong>on</strong> as the plaintiff’s attorney is sure that any<br />

judgment will be hard or perhaps not possible to collect, his determinati<strong>on</strong> fades because<br />

he’s not likely to be paid for his work. For those who w<strong>on</strong>der what the main effect of a<br />

carefully c<strong>on</strong>structed plan, it is the eliminati<strong>on</strong> of the plaintiff’s ec<strong>on</strong>omic incentive to<br />

litigate.<br />

Based <strong>on</strong> a review made by <str<strong>on</strong>g>The</str<strong>on</strong>g> <str<strong>on</strong>g>Marv<strong>on</strong>t</str<strong>on</strong>g> <str<strong>on</strong>g>Group</str<strong>on</strong>g>, an asset protecti<strong>on</strong> trust with a citizen or<br />

resident of the United States and so<strong>on</strong> to offer in Tokyo, Japan as the settlor is normally<br />

structured to become tax neutral. In particular, due to the settlement of an asset protecti<strong>on</strong><br />

trust, no further income, estate, gift or excise tax should be due. <str<strong>on</strong>g>The</str<strong>on</strong>g> trust shouldn’t be also<br />

expected to save taxes. It’s also wise to note that a foreign trust can’t be legally or safety<br />

utilized to hide income from the l<strong>on</strong>g arm of the U.S. Department of the Treasury regardless<br />

of the almost complete c<strong>on</strong>fidentiality it offers.<br />

If you’re a U.S. citizen/resident and c<strong>on</strong>sidering an asset protecti<strong>on</strong> trust, the <str<strong>on</strong>g>Marv<strong>on</strong>t</str<strong>on</strong>g><br />

<str<strong>on</strong>g>Group</str<strong>on</strong>g> suggests that have it implemented by a genuine tax expert with extensive<br />

experience. Remember that if you’re ever told that an asset protecti<strong>on</strong> trust, or any foreign<br />

trust, could save you income taxes, then you’re getting a negative advice and perhaps being<br />

asked to commit a crime as you go al<strong>on</strong>g.

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