Wednesday, July 05, 2006

Getting an Asset Protection Corporation

Why would one want to establish an asset protection corporation?

Fact: Well we do live in litigious society where 9 of 10 lawsuits in the world are filed in the United States. This happens every 30 seconds. Not surprisingly the US has the highest rates of lawsuits filed in the world followed by the UK, Canada Australia and New Zealand

Fact: You almost don't have an option - if you own a business or practice a profession, you have a one chance in three of being names a defendant in a lawsuit next year and its only getting worst. The higher your net worth the higher is your risk.

Establishing an asset protection corporation is virtually becoming an necessity to ensure your assets are out of reach

The problem is there is a sharp dividing line between establishing a legal asset protection corporation and an illegal one. What you do can be classified as an action taken to defraud creditors. Furthermore be aware that there are various operators out there claiming that they can protect your assets. Some will in fact steal your assets, some will leave you with no protection or open you up to the possibility of criminal charges. Many will all three. So what is one to do?

The obvious thing is to first get educate yourself and get very familiar with the various structures. Asset protection planning often involves setting up a series of trusts, partnerships and/ or offshore asset protection corporations to hold legal title to your assets.

Advantages are multiple:

For Investors an asset protection corporation can act as an holding company for investments made in multiple jurisdictions and markets. In your private portfolio use an asset protection corporation in inheritance planning to reduce the cost and delays in probate.

For Entrepreneurs an asset protection corporation offers enhanced investment returns, better after tax profits, and reduced risk. Profits can be made as a separate entity outside of jurisdiction where one is domiciled with little or no tax obligations and can be easily transferred to ones heirs without the normal encumbrances.

For Executives use an asset protection corporation to restructure your compensation and stock programs to take advantage of reduced tax, asset protection and global investment opportunities.

For Entertainers and Authors use an asset protection corporation in your contracts as an intermediary as an effective tax strategy.

For Athletes in the same way, an asset protection corporation will benefit them by reducing their taxes onshore. The athlete will be in effect employed through their corporation. This way any expenses can be absorbed by the company and the athlete need only draw a salary sufficient for personal expenses only minimizing their personal tax exposure.

For Owners of Intellectual Property using an asset protection corporation, property rights can be assigned to it ensuring revenues are received to it rather than to them personally. Furthermore the rights can remain offshore indefinitely ensuring easy succession.

For Medical Practitioners and other Professionals using an asset protection corporation contracts for medical services effective restructures how their income is generated vastly reducing their liability exposure and personal tax owing.

Individuals with inherited wealth, structuring your pre- inheritance wealth through an asset protection corporation can simplify the succession process by putting it in a no-tax or low-tax jurisdiction. It also offers a new world of much higher yield investment opportunities not available to those under the Securities and Exchange Commissions jurisdiction as a US or Canadian CItizen.

For the wealthy the modus operandi is ESP 'E'ducate, 'S'tructure and 'P'articipate in international investments. With education and proper estate planning and structure minimize your risk and benefit from higher investment returns with minimal tax penalties.

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