Posted by Sy Tax Solutions

Protecting Your Wealth With Asset Protection

Protecting Your Wealth With Asset Protection

Asset Protect is Protecting a person's wealth against those who can claim their rights, e.g., ex-spouse or creditors, often turning into an offshore fund for protecting their activities abroad, keeping them out of the country's jurisdiction.

Asset protection planning is about taking the chips off the table at the right time, so you can escape as a winner, no matter what happens in hard times. Those most interested in asset protection are those most likely to be treated; think of obstetricians and, more recently, real estate investors here. However, ordinary people often face difficult situations and, therefore, if they have something to protect, the problem of asset protection must at least cross your mind.

From a technical point of view, asset protection planning is part of the debtor's right to the creditor. While lenders are dealing with recovery strategies and techniques, debtors are interested in strategies and techniques to protect your valuable assets from potential creditors. However, this is not only about protecting resources, but also about ensuring that it is not counted for as negligence or fraud.

If done correctly, asset protection planning is entirely legal and ethical.

The use of all the legal tools available to help the client protect your resources from future credits is consistent with the ethical rules governing the actions of lawyers. In reality, these rules require lawyers who seek to represent their clients with diligence and defense. However, these rules do not help or advise a client about fraudulent or criminal behavior. To ensure that an asset protection planning does not involve any fraudulent activity or function, professionals must, if necessary, intervene with potential clients to determine whether:

  • The client is subject to the control of a tax authority.
  • The client is late in reporting and paying taxes.
  • The client is about to be sued or has already been sued.
  • The client is solvent and will most likely remain so after each transfer of ownership.
  • The client is about to go bankrupt or has already done so.
  • The client is directly or indirectly responsible for each loan.

So how do you go about Asset Protection?

Plan before a claim arises

Many things can be done effectively, protecting the property before a claim or liability occurs. Indeed, what you do after a claim can be canceled by the law on "fraudulent transfers." 

Know the Difference: Personal Assets are classified as Trusts, Business Assets are classified as Entities.

Business entities, such as corporations, legal entities, and partnerships, are supposed to be medium for business operations, not act as private banks. When personal properties are placed in a commercial entity, the possibility that the body is pierced by a creditor as alter ego increases exponentially. The place where private property ought to be placed is in a trust. There is a long and robust law that protects assets from trust when it is properly established and funded. Moreover, please do not name the entity like an LLC company.

Much control is a bad thing

Asset protection planning seeks to strike a balance between adequate client controls so that assets do not vanish, but at the same time, there is not much control over a creditor who can claim that the borrower and the property protection structure the same, and so the self or a similar theory should not be taken into account.

Who are the ideal candidates for Asset protection?

  • You are not in litigation, you have never been sued, you have been sued, or you want more protection before trying again.
  • People who are rich or have few assets.
  • Someone who wants to protect their savings, or who wants to protect their future or the legacy of their children.
  • People who are not protected against court cases or considered to be well protected. Asset Protection Lawyers will show you how to plan your basic knowledge or improve your current safety plan.
  • You want to protect yourself not only against legal claims but also creditors, lawyers, children, current or future spouses, and family members.
  • The need to protect your fortunes or wealth.

Final Thoughts on Asset Protection

Clients can never wholly avoid all activities that generate liabilities. Asset protection planning is not just an acceptable and ethical form of planning, but lawyers and other consultants who do not support such plans are harming their clients.

Sy Tax Solutions
Contact This Member