If you’re looking for overseas asset protection and diversification we believe that what our asset protection expert will teach you is the only GLOBALLY compliant way to do it.
None of us wish to come under scrutiny for our structuring of our financial assets and protecting our future!
This is where the structure our asset protection expert is going to outline for our Summit attendees comes in, because it is IRS tax recognised. The structure is considered its own entity in perpetuity. It can invest in businesses, purchase real estate, etc.
So, what’s the big difference from other structures? It’s unlike anything else that has been traditionally used for asset protection. This includes trusts, IBCs, foundations, etc.
This legal structure is VISIBLE!
Forget “invisible”, that will land you in hot water.
It’s not a matter of if, but when.
The safety of this program is in its visibility. What a difference from 20 years ago. The same tax advantages of being invisible!
Why?
FATCA specifically recognises this program, and the IRS recognises it as an exempt entity for reporting. This is THEIR ruling, not the opinion of some tax attorney in an offshore jurisdiction.
FATCA is so comfortable with this that the U.S. has made specific intergovernmental agreements to recognise it!
You can buy real estate in the U.S. tax free, invest back into your own business or invest into any project, company or asset worldwide without being blocked because you are a U.S. citizen.
You retain control over the activities and the investment types, while this structure protects you from creditors. You pay tax on withdrawals… only.
It’s not just for Americans.
If you’re a foreign investor buying real estate in the U.S. for example, you will learn how to structure your purchase properly. It’s not as straightforward as you might think.
Contained in the $1.1 trillion 2016 spending measure that was passed to avoid a government shutdown is a provision that treats foreign pension funds the same as their U.S. counterparts for real estate investments. The provision waives the tax imposed on such investors under the 1980 Foreign Investment in Real Property Tax Act, known as FIRPTA.
Proper structuring means that you will be capital gains tax free on your property developments in the USA.
What about offshore companies set up by Americans (no doubt some of the clients of Mossack Fonseca), how can those be created and maintained in a compliant fashion?
Structuring properly always boils down to the question of ownership, especially where you have a company effectively connected to a U.S. Person. You definitely have a reporting obligation when you are a director, or when you effectively control, an overseas company.
Whether or not that leads to further reporting or further inquiry, whether it is under the tax code or FATCA, or what have you, is really beside the point because there are three issues:
- Establishing a foreign company does not determine residency;
- Where the company is controlled determines the residency;
- Determining residency depends on who is the owner with the command and control.
You’ve heard the phrase that wealthy families like to use, “Control everything, own nothing.”Easier said than done… at least legally!
Americans looking to structure offshore typically use a foreign company to accumulate income and gains, collect commissions, receive a contract buyout and/or to collect any payments in order to get paid gross rather than suffering current tax.
You need a Tax Department Certificate to the effect that your foreign company has residency in that foreign country for Double Taxation Treaty purposes.
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