I

 

 

IAPT: International Asset Protection Trust

The “Protector”

 

Generally no completed gift takes place. If distributions are made from the Trust to the beneficiaries (not to you, the person who set up the IAPT) a completed gift will occur.

No §684 Excise Tax

Because the Trust is a grantor trust, even though it is an IAPT, there is no excise tax liability on transfers of appreciated assets to it.

Income Tax Neutral

There is no income tax on transfers to a grantor trust. Your remain the taxpayer and the transfer is not a taxable event.



Operation of the Trust

Does not trigger any tax detriment (or benefit). If theIAPT earns income from its investments, you will be taxed and the IAPT is a mere conduit. Similarly, you have the deductions for all expenses and losses.

Estate Tax

Should you die during the term of the Trust, all assets remaining are included in your taxable estate. The transfer of assets into the IAPT is not a completed gift. Therefore, the assets would be included in your estate. The assets remain offshore and creditor is protected until the assets are distributed out of the IAFP by the Trustee.

Benefits of the IAPT are:

      1. It resides outside the jurisdiction of the U.S. Courts.
      2. The country in which it resides does not recognize U.S. judgments.
      3. It resides in a country, which has favorable asset protection law.
      4. The time to bring a case for fraudulent transfer or any other matter is short.
      5. The standard to prove a fraudulent conveyance is the criminal standard of “beyond a reasonable doubt,” not the easier “preponderance of evidence.”
      6. It resides in a country, which protects self-settled trusts (Trusts you setup for Yourself).
      7. It resides in a country, which permits “anti-duress provisions.” The trustee will not accept requests from You if a court is compelling You to so act.
      8. It resides in a country, which allows easy change of residence in case of attack. This change of residence is called the “flee” clause.


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