ADVANTAGES OF OUR TRUST

Our copywritten Trust was created by a group of Attorneys, Judges, and CPAs and was so intelligently and strategically written that it has become the only copyrighted trust that exists to date.

No other entity or structure has all of the advantages of our copyrighted Irrevocable, Non-Grantor, Complex, Discretionary, and Spendthrift Trust; or can compare with the functions, operations, compliance, and/or ease of management this trust provides.

Every aspect of our Trust has been fully vetted by our law firm which has created over 30,000 trusts over a 20-year time span, with no client IRS audits from any of our tax preparers' returns. Our Trust is guaranteed by the U.S. Constitution, Supreme Court and other court decisions.

Our Trusts are not subject to “Capital Gains” tax and income declared to be Extraordinary Dividends are “not income” to the Trust. This means property and Real Estate may be bought and sold without the huge tax burden realized in most sales. Also, rental or lease income is not income to the Trust.

The Spendthrift Provision of the Trust is the critical element of the document, in that, no Spendthrift Trust Corpus may be penetrated to reach the assets of that Corpus. Case law upholds this and has upheld this over the many long years of its existence and will continue to uphold it.

No judge or court may issue a turnover order against a properly constructed Spendthrift Trust. The sole exception to this rule of law is fraudulent conveyance to avoid judgment, and this applies to a Trust created after litigation has been filed, not before.

Even when disbursed to a beneficiary, trust assets are untouchable. No creditor of any Beneficiary can ever reach the corpus of the trust (assets) nor can they ever reach the personal assets of the Beneficiary(ies) once they receive it because they are assets from an 'exempt source' and are still protected after the Beneficiary receives them.

Our Trusts are designed for clients who have the most to protect either now or in the future and are a proven method for enhancing your wealth and securing your legacy for generations to come. The best time for estate planning and asset protection is NOW, before a crisis overtakes you.

This Trust provides a sure and safe road to freedom providing the ultimate in tax advantages, asset protections, and privacy. Spendthrift Trusts have been one of the best-kept secrets of wealthy, financially sophisticated Americans for years. Now they are available to everyone.

BASIC TRUST INFORMATION

Trusts are legal entities, made with contract law, existing of 3 parties that can be used to transfer and manage property or assets. The three parties in any trust are the Grantors (Settlors), the Trustee, and the Beneficiaries. It is an ingenious entity empowering Trustees of the Trust to have and hold all control over that property or assets. The true purpose of a trust is always to manage the property or trust assets (also known as the corpus) for the specific benefit of the beneficiaries. The terms and conditions of the Trust strictly define the form of the trust used and the needs of the people it is created to serve.

HISTORY OF TRUSTS

There are many kinds, such as: Irrevocable, Revocable, Living and Testamentary, etc. Trusts can be simple and straightforward or very complex. By definition, Trusts are legal entities that can be used to transfer and manage property and/or assets.

The Spendthrift Trust is derived from laws of antiquity and was established in the early 1500’s by King Henry, VIII. Laws were written to accommodate The Spendthrift Trust to ensure the integrity of the corpus remains sacred and beyond the reach of creditors.

In addition, it is used for preserving estates for future generations, shielding assets from litigation, deferring taxes, managing assets, complementing or replacing Wills, as well as minimizing or avoiding the complex legal estate system. They are time-proven, legal, unique and very strong, valuable tools. The terms and conditions of the Trust strictly define the form of the Trust used and the needs of the people it is created to serve.

SPENDTHRIFT TRUST FACTS

The uniqueness of The Spendthrift Trust stems from the unique manner in which the Spendthrift Trust and correlating documents intertwine provisions that have existed for many decades. The verbiage of the Trust, IRS Code 643, and accompanying documents work together as a copyrighted system to accomplish the purpose for which the Trust was created.

The Spendthrift Trust estate management tool was designed to be supremely legal, tax friendly and compliant with the Internal Revenue Code so that the Trust cannot be investigated or have the ability to be overturned for any reason. Since the inception of the Spendthrift Trust, not one of over 30,000 has ever been audited, successfully challenged, or overturned.

Our legal team handles all litigation and legal matters. We own an exclusive agreement for the distribution of these Copyrighted Spendthrift Trusts. With the combination of our Copyrighted Trust and legal support, our clients can rest assured that they are in compliance with the Internal Revenue Code and have purchased a “Legal Trust.”

We will provide access to our Tax Team, comprised of IRS Enrolled Agents, who are extremely well-versed in the Spendthrift Trust and its structure and tax laws. The Spendthrift Trust comes with all documents and forms needed to accomplish the endowment and to also declare the Extraordinary Dividends that make the exchange not income to the Trust. No other organization provides these invaluable documents and the legal advice needed to accomplish these vital actions.

SPENDTHRIFT TRUST BENEFITS

The Spendthrift Trust provides four important benefits:

1) Asset Protection

2) Tax Benefits

3) Personal and Financial Privacy

4) Wealth Transference

Asset Protection

Asset Protection is serious business, not to be left to phony Nevada corporation promoters or various transfer and hide asset schemes. You need proven professionals to analyze your situation and outline a straight forward plan, with options, to protect your assets from the various threats prevalent in our society.

The Spendthrift Trust provides Ironclad Asset Protection because it is not subject to probate law. No judge, court of law, or entity may remove the assets or issue a turnover order against a Spendthrift Trust. The Spendthrift Trust offers the highest level of protection for businesses, estates, and individuals. When created and used in a proper and lawful manner, the Trust has proven to withstand court judgments, tax liens, lawsuits, divorce claims, bankruptcies, levies, and seizures. It also eliminated the need for a Will and bypasses state and federal probate.

The Spendthrift Trust has been successful in preventing creditors from attacking Trust assets. If a creditor brings an action against an individual or company that is operating within the structure of a Spendthrift Trust, even if they should get a judgment (individually/corporately), they are unable to reach any assets that are within the Trust. If an individual/business/estate is sued in a damage case, as is the case with doctors, professionals and/or companies, they are assessed an award by a court for damages, but the judgment is not enforceable as to the assets and bank accounts of the Trust. The assets of the Trust are secure.

Tax Benefits

The Spendthrift Trust provides multiple opportunities regarding Tax Benefits. As an extraordinary tax deferment instrument, it allows taxes to be deferred until the Beneficiaries take the assets out of the Trust (if, when and ever). IRS law says, “There has to be a possibility for an end of the Trust for there to be a possibility of tax.” The Spendthrift Trust is set up for 21 years, renewable. If the Trustee decided to end the Trust, they could and would pay the tax on the entire value of the Trust over the time of its existence.

Generally, when any assets, cash or property (tangible or intangible) are properly conveyed to a Trust, there are no tax consequences to the party contributing the funds or endowments, the Beneficiaries, or to the Trust itself. The funding of the Trust is called an endowment or capitalization, and the assets are called the corpus of the Trust.

When assets, cash or property are distributed to a beneficiary of the Trust, it is not a taxable event for the Trust. It is a taxable event for the Beneficiary, unless the Beneficiary has a Spendthrift Trust that receives the distribution, then it is considered an endowment. All capitalization or endowments, capital gains, extraordinary dividends, real estate transactions and stock dividends realized in this type of Trust are not considered income to the Trust when allocated to the corpus. The Trust pays taxes only on what the assets earn unless, “Deemed to be paid to the corpus according to the terms and conditions of the Trust, which is discretionary and at the discretion of the Trustee”. This ties to the Discretionary feature of the Spendthrift Trust.

A key feature of the Spendthrift Trust is that it follows IRS Rule 643 which states, “Capital gains and losses are excluded in this type of trust” stating “Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to the corpus of the trust.” The rule also says, “Items of gross income constituting extraordinary dividends or taxable stock dividends which the Trustee, acting in good faith, determines to be allocable to corpus under the terms of the governing instrument and applicable local law shall not be considered income.” Tax law states, “A Trust must be Non-Grantor, Irrevocable, and Discretionary in order to comply with the tax provision.”

Tax law also states, “If a trust has a Simple or Complex provision, is Discretionary and no percent is designated to one Beneficiary, that the Trustee of the Trust may make a declaration that the income is either Extraordinary Dividends, Taxable Stock Dividends and that they are paid to the corpus is not income to the Trust.”

It further states, “Any property held in the corpus of a Trust when it is sold is not subject to capital gains.” The strategic verbiage of The Spendthrift Trust is critical in that the Trust could invest in the stock market and profits from these investments are not taxable to the Trust. It also allows royalties from oil and gas and like dividends that are declared as extraordinary to be paid to the Trust and are not taxable income.

Personal and Financial Privacy

The Spendthrift Trust provides total Privacy. One of the most fundamental American rights is our right to financial privacy. Although Spendthrift Trust organizations are subject to certain Federal Tax ID requirements to conduct banking, the privacy of the Spendthrift Trust is still kept intact. Financial affairs are maintained in total privacy, and paper trails are virtually eliminated. This is due to the fact all documentation is kept in the Trust log book that is provided with your Spendthrift Trust.

Probate requirements for Wills often result in making a public record of the terms and distribution requirements of the Will. Trusts, however, are not filed and are not on any public register. Legal Trusts are registered with the IRS through an EIN number. While the legal Trust must file a 1041 tax return each year, it remains confidential - as it is not public record.

Because of these key factors and characteristics, the Spendthrift Trust has now become the preferred entity for estate management and provides individuals and businesses complete asset protection, amicable tax planning consequences, absolute privacy, and ease of management that meet and exceed all the requirements and standards of the courts and the IRS.

Wealth Transference

● An irrevocable trust is an important financial planning tool for minimizing estate taxes.

● It also offers a unique ability to transfer to succeeding generations the values that guided the trust’s creator.

● Passing on personal values through irrevocable trusts may also include a family’s philanthropic goals.

For affluent individuals, irrevocable trusts have long been an effective vehicle for passing on wealth to future generations. Since assets placed in an irrevocable trust aren’t considered part of a taxable estate, their value doesn’t count against the federal estate tax exclusion. Accordingly, our unique irrevocable trust is an important financial planning tool for mitigating estate taxes due to the waterfall effect created as the Trust passes from one generation to another.

Multi-generational trusts are also useful in sheltering assets in divorce settlements and from creditors, and can be structured to last multi-generationally. But the potential benefits of our Trust extend far beyond simple dollars and cents. For a growing number of Americans, an equally appealing aspect of our Trust lies in its unique ability to transfer to succeeding generations the values that guided the trust’s creator.

Such as “control from the grave” is possible because our trust can be drafted to provide a high degree of specificity regarding how, when, and under what circumstances trust assets may be dispersed.

TRUST ESTABLISHMENT

To establish a trust, consideration of some type (money or property) is transferred from a Settlor to another person (known as the trustee), with the understanding that the recipient will hold the property and assets or use them in a way that is directed or established as laid out in the terms and conditions of the trust for the direct or indirect benefit of any or all of the beneficiaries. Anyone who benefits from the use of the property or assets is considered to be a beneficiary.

3 PARTIES TO A TRUST

The SETTLOR sometimes called the Creator, Grantor, Settlor or Trustor is any person who creates a trust for the benefit of beneficiaries. To establish the trust, and realize the protection afforded, the trust should be established through an initial funding by a settlor, someone who cannot be the trustee or the beneficiary. After the trust is established, the trustee may convey additional assets, tangible and intangible, to the trust for the benefit of the beneficiaries.

The TRUSTEE is a person, financial institution (such as a bank or trust company), or managing entity that holds the legal title in trust for the trust estate. There may be one or more trustees. If a trustee is unable or unwilling to serve then a successor trustee steps in to hold and manage the trust estate. The trustee is obligated to act in accordance with the terms and conditions of the trust for the benefit of the trust beneficiaries.

The BENEFICIARIES are the persons or entities which benefit from the trust estate. The rights of beneficiaries depend on the terms and conditions of the trust. Beneficiaries have no “equitable title” only a “beneficial interest” in the property or assets held in the trust. Beneficiaries have no right of management of the trust nor have any right to have access to business records or knowledge of trust business or actions.

TRUST ESTATE (CORPUS)

The property or assets that are transferred to a trust becomes the trust corpus. The Trustee of a trust is the only entity that can affect the transfer of assets, property or monies to a trust. A trust estate consists of all of the property (tangible or intangible), assets, cash, rights and obligations that are transferred to the trust. The trust estate is managed in accordance with the terms and conditions of the documents creating the trust.

TRUST PROVISIONS

The Non-Grantor Provision separates the creator/settlor from the corpus of the trust and exempts the trust from any “Alter Ego” status. In a Grantor Trust, the client (the grantor) asks an attorney to originate a trust for the client, and the attorney honors the request and originates a trust. A grantor trust type trust does avoid probate; however, it does not have any Tax Benefits or Asset Protection. The grantor status can give an attorney or judge just cause to investigate and overturn that trust as an alter ego. Grantor trusts essentially allow access to the assets by the court. One last thing to consider about grantor trusts is that the IRS labels all “abusive tax schemes” as either “grantor trusts or foreign trusts.” This one fact alone would be enough to never operate from a grantor trust position.

The Irrevocable Provision offers potential tax advantages and legal protection from all liability, if properly constructed and executed. Irrevocable trusts do not pay taxes on capitalization, and endowments are generally beyond the reach of creditors and judgments. To have asset protection, the trust must be irrevocable and non-grantor.

The Complex Provision allows the trust to be exempt from the requirement to distribute any of its income to beneficiaries. A simple trust must pay all income to the named beneficiary or beneficiaries annually. However, the complex provision gives our trust the best of both worlds. While it can distribute the income to the beneficiaries if the trustee wants, it is not required to do so either. The trustee has the discretion to hold the income and not pay or credit a beneficiary.

The Discretionary Provision is to ensure the absolute and sole discretionary power of the Trustee in determining the distribution of the corpus assets to the beneficiaries. If any single percent of the corpus is designated to be held or distributed to any one or more beneficiaries, the discretionary designation of the trust becomes invalid. This in no way affects the asset protection; however, could adversely affect the taxable structure of the Trust.

The Spendthrift Provision of the Trust is the critical element of the document, in that, no spendthrift trust corpus may be penetrated to reach the assets of that corpus. Case law upholds this and has upheld this for hundreds of years and will continue to uphold it. No judge or court may issue a turnover order against any asset in a properly constructed spendthrift trust. This one provision is likely to be the most powerful of all the provisions of the trust.

GET YOUR SPENDTHRIFT TRUST

Why let governments tax, or trial lawyers take, what you've spent a lifetime building?

​When you build an uncommon net worth there’s always someone – or something – who cares nothing at all about the storms you fought through to create a sense of financial security for yourself and the people who matter most to you.

They just want what they believe is their rightful slice of your pie.

And whether it’s governments that want to tax it from you, or Attorneys chasing 40% of whatever they can persuade a Judge or Jury to take from you, if you’re a business owner or an investor, we can help you keep your capital in your hands.