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assetprotectionstrategies.net asset protection strategies as asset protection attorneys, we have implemented all kinds of family limited partnerships ("flps"), offshore trusts, domestic asset protection trusts, special power of appointment trusts, and other asset protection strategies for many clients over many years. we have seen these tested in court cases, bankruptcy, divorce, irs collection matters, and other challenges. in our opinion, the best asset protection strategy is to create an irrevocable trust that contains a "special power of appointment." i call this a "541 trust®." you can read more about this strategy by clicking here: 541 trust® gives you better asset protection . call 801-765-0279 or click here for a free customized asset protection proposal tailored to your situation the following are 10 reasons why the 541 trust™ is better than an flp, and 10 reasons why the 541™ trust is better than an offshore trust: better than a family limited partnership 1. better because you have no ownership . it is often said that the best strategy is to control everything and own nothing. the reason is that if you don't own it, it can't be taken away from you. one problem with an flp is that you typically retain some portion of the ownership of the flp. the portion that you own must be included on your financial statements and in any disclosure of your assets. the portion owned by your family members is included on their financial statements. this exposes the flp to scrutiny and attack. because the 541 trust® is irrevocable, and because the beneficiaries have no vested interest, none of you have any ownership and the assets are not included on your financial statements or in any disclosure of your assets. the 541 trust® is better than the flp because you retain no ownership and this makes it much harder for creditors to find and attack. 2. better case law to support it . there are many cases where an flp has been disregarded because proper formalities were not followed, or because the flp owned personal assets in addition to business assets, or because a person exerted excess control over the partnership. a good example of this would be the case of in re baldwin , 593 f3d 1155 (10th cir. app. 2010). in this case, the bankrutpcy trustee was able to liquidate an flp by stepping into the shoes of the debtors. the 541 trust ® does not have these concerns because the grantor has no ownership at all in the trust and even if a bankruptcy trustee stepped into the shoes of the grantor, they would have no powers over the trust or its assets. there are many cases where an flp has been disregarded, but there are no cases where a 541 trust® has been disregarded or pierced by the creditors of the grantor. for a listing of laws and cases upholding a 541 trust ® , see law-and-precedent-supporting-the-541-trust® 3. greater flexibility . once you give away interests in an flp, there is no convenient way to get them back. even if family members are willing to give your assets back, gift tax rules limit the amount that can be given in any calendar year. also, an flp cannot be amended without the consent of the other partners. this makes an flp very difficult to change or get out of if you change your mind. many clients have created an flp and given away interests to their children, only to regret it later on when the relationship with the children turns bad, or when the children have liabilities of their own. in contrast, the 541 trust ® includes a special power of appointment which is often referred to as a re-write power, meaning a power to re-write the trust. this means that the terms, conditions, beneficiaries, and other provisions of the trust can be changed at any time. the special power of appointment can also be used to appoint the assets back to you, in any amount, at any time, and without any cost or tax consequences. 4. fewer tax returns . an flp requires at least one additional tax return and possibly more. it also involves the hassles of sending k-1s to family members and then calculating the affect on their taxes and making distributions to reimburse them for the increase in their taxes. attempting to reduce income taxes by splitting income with children is now greatly limited by the kiddie tax rules and it is often offset by the increased compliance costs of the flp. the 541 trust ® results in no extra tax returns, no k-1s to family members, and no income tax complexities. 5. fewer family complexities . one under-advertised problem with an flp is that it creates family complexities. if children own an interest in the flp, they and their spouses may want information about the assets and the income of the flp, and their access to this resource. children may not qualify for student loans if they own a valuable partnership interest. if your children get divorced, sued, bankrupt, or into trouble with the irs, their ownership in the flp is taken into account and possibly subject to sale, partition, or other remedies. worst of all, once you give ownership away to your kids, you don't have any legal right to take it back. if your family limited partnership or llc becomes a family mess, don't say i didn't warn you. the 541 trust ® avoid these complexities because the children are not given a property interest in a properly drafted trust. 6. better confidentiality . an flp must be included on the financial statements of every partner. anyone can obtain information about the partners, their percentages, and the assets and operations of the flp by looking on the state records and the tax return for the flp. the 541 trust ® is not filed with any government agency and a public records search will not reveal anything about the 541 trust ® or its owners, managers, assets, or operations. 7. no income tax problems . the transfer of appreciated property out of an flp could potentially cause tax ramifications if it is a transfer in excess of basis. moving a home into an flp could cause you to lose the tax benefits of home ownership. in contrast, you can move assets into or out of a 541 trust ® without tax ramifications and you can put your home in the 541 trust ® without losing the tax benefits of home ownership. 8. better exit strategies . the creator of an flp has no easy exit strategy. you can't simply choose to dissolve the flp and take all the assets back. if one of the other partners should come into trouble with you or with others, you can't just take his interest away. the 541 trust ® includes a special power of appointment that can be used to appoint all the assets back to the creator, or to any other person or trust. this power can be used to eliminate the beneficial interest of any potential beneficiary if the beneficiary is in financial trouble or if there is some other reason to eliminate their interest permanently or temporarily. the 541 trust ® has a clean and easy exit strategy, and the flp does not. 9. better succession plan . flp interests are subject probate, and the creator of the flp has little to no control over the succession of the interests. the 541 trust ® can be used to provide a clear and binding succession plan which avoids probate and can include any terms and conditions that you may want to provide for the succession of the beneficial interests in the trust. 10. less expensive . the set-up costs for an flp and a 541 trust ® are both pretty reasonable. however, the flp involves significant ongoing legal and accounting expenses and the 541 trust ® does not. better than an offshore trust 1. no beneficial ownership . offshore trusts are created in jurisdictions that provide asset protection for a "self-settled trust." a self-settled trust is a trust in which the grantor is included as a potential beneficiary of the trust. most states do not allow asset protection for a self-settled trust. at least two bankruptcy courts have held that an offshore trust violates the public policies of the federal bankruptcy code. when a person files bankruptcy, they

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Domain Name: ASSETPROTECTIONSTRATEGIES.NET
Registry Domain ID: 1581535492_DOMAIN_NET-VRSN
Registrar WHOIS Server: whois.fastdomain.com
Registrar URL: http://www.fastdomain.com
Updated Date: 2018-01-12T00:09:57Z
Creation Date: 2010-01-12T00:09:42Z
Registry Expiry Date: 2019-01-12T00:09:42Z
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DOMAIN

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