2020 – OUR 28th YEAR OF PUBLICATION! Volume XXVII • Number 3 • September 2020 TIME IS OF THE ESSENCE – TAKE ADVANTAGE NOW INTRODUCTION As you know, the Trump tax cuts (2017 Tax Cuts and Jobs Act) created unprecedented opportunities for individuals and families to transfer their legacies in a tax-efficient manner. These cuts […]
Potential clients often call us asking if we can set up an “offshore account” for them. Is this what they really mean, or are they (or should they be) asking about an offshore trust? In this issue we’ll compare the asset protection efficacy of an individual establishing an offshore account versus establishing an offshore trust which itself establishes an offshore account.
We have often stated that the only way for a creditor to “get at” the assets held in a properly structured Cook Islands asset protection trust is for the creditor to bring a case in the Cook Islands. Why? The Cook Islands court is the only court which has jurisdiction (power) over the trustee, which, under trust law, is the holder of legal title to trust assets.
Today, with the ongoing turmoil in Venezuela, asset protection planning has taken on a more important aspect: protecting assets from confiscation by Venezuela (and other governments of that type), regardless of whether one desires to immigrate to the US.