Is All Asset Protection Planning Bad Under the UVTA?

by Vera Felber, Director, Lighthouse TrustandStephen E. Speiser, Attorney at Law, The Speiser Law Firm P.A. (Palm Beach, Florida) We are pleased to republish the following article from our colleagues at Lighthouse Trust and The Speiser Law Firm, P.A. Lighthouse Trust is the leader in asset protection trust services globally, boasting a groundbreaking court victory for U.S. persons engaged in …

Warning About New Cayman Islands LLC Law: Not “Closely Aligned” with US LLC Law

On June 8, 2016, the Cayman Islands published a new Limited Liability Companies Law.  With this enactment, the Cayman Islands is yet another offshore jurisdiction to offer state-styled LLCs for business planning. Promoters have described the Cayman Islands LLC law as “closely aligned” with Delaware’s popular LLC act.  However, careful analysis shows that there is nothing “closely aligned” between the Cayman Islands …

BB&T Part II: Your Foreign Asset Protection Trust Might Be OK, But…

Back in 2014, members of our firm reported on a significant legal victory for a trust settlor who had shifted his substantial net worth into a foreign asset protection trust in order to stave off guarantor liability on a commercial loan with Branch Banking & Trust Company (BB&T).  As one of the most recent cases to touch on the “impossibility …

Proposed Regulations: Foreign-Owned Single Member LLCs to Obtain EINs, File Form 5472

Is the United States a Tax Haven for Foreigners? For many years, foreigners have enjoyed the freedom to form LLCs in the United States, whether as a means to access the U.S. banking system, to gain anonymity or asset protection benefits for their investment holdings, or possibly to avoid taxation of investment income in other jurisdictions. Foreigners are subject to …

The Wyoming Qualified Spendthrift Trust – An Overview

Domestic asset protection trust planning in Wyoming dates back to 2007, when the state enacted legislation recognizing a form of trust labeled the “Qualified Spendthrift Trust.” A settlor may create a Qualified Spendthrift Trust with a trust instrument appointing a “qualified trustee” for “qualified trust property” if the trust agreement meets the following requirements:[1] The trust agreement stipulates that the …