September 18, 2014

C.A.L.M. Level 4

Offshore Asset Protection

CALM Plan Level 4 protections are for the member who has liquid wealth of $500,000 or more worth protecting.

Why Offshore?

We think the question of why not go offshore is a better one to start with.  *You should not go offshore if you think you will save on U.S. federal income tax. Any advisor who tells you that you can move assets offshore and AVOID taxes is an advisor you want to stay away from.

The simple answer is that offshore planning will be the best way to protect your assets.

Why?

Because good offshore planning takes the asset out of your control, puts your money in a place where the U.S. government has no jurisdiction; and, therefore, your money is in a place where an order from a U.S. court is not binding.  As a general statement, a U.S. court only has jurisdiction over people or property located within the U.S. borders.  When your assets are owned by an offshore trust (which may include assets that are still located within the US borders), you remove your property from U.S. control.

Why?

Because unless you have a claim, your assets actually sit in a domestic LLC or FLP where the assets are managed by you and your local advisors.  If and only if you have a claim filed against your will your money be removed from the United States and transferred to the offshore jurisdiction of your choosing.

Another other reason offshore planning is so powerful is that, for a creditor to attempt to get to your assets, the creditor has to bring a separate lawsuit in the jurisdiction where your offshore trust is located.  Your creditor will not want to spend the money and time to bring a lawsuit in a foreign court to attack the offshore trust after spending the money and time needed to get the judgment from the U.S. court in the first place.  The goal is to cause the creditor so much risk, time and expense that the creditor will simply give up and leave you and your assets alone.

Lastly, many offshore trust documents contain language that requires the trustee of the trust to immediately move the assets from one foreign jurisdiction to another when litigation is filed in the original jurisdiction.  You can imagine the frustration faced by a creditor who spends $25,000 to get a judgment in a foreign jurisdiction only to learn that the money was transferred to another jurisdiction (in compliance with the first foreign jurisdiction’s laws and the trust documents).  Do you think the creditor will spend another $25,000 to re-litigate the case in the next jurisdiction, knowing that, most likely, the money will again be transferred to another jurisdiction (in compliance with the second foreign jurisdiction’s laws and the trust documents)?  Not likely.

A Comprehensive Asset & Liability Management (C.A.L.M.) Plan must provide offshore planning solutions, because offshore planning provides the strongest protection for your liquid assets.  C.A.L.M. Plan members are entitled to discounts of 20-30% off the usual and customary price of an offshore asset protection trust.  An offshore asset protection trust can range in price from $20,000-$50,000 (less a 20-30% discount) depending on the complexities.

Our recommendation is that if you have liquid wealth worth protecting, you should have an offshore asset protection trust.

Other offshore asset protection tools are captive insurance companies and LLCs.  If you buy the C.A.L.M. plan a number of available asset protection tools, domestic and offshore, will be reviewed in light of your particular situation.