Private Trust For Tax Free Investing Analyzed - Why a Charitable Foundation is Superior

Case Study of The Private Trust:for US citizens. This may be true for the citizens of
Private Trust Services claim they can set up a veryother countries also. They claim that their private
inexpensive, legally sound, and very specially designedtrust is not like this at all and you should steer clear
tax-free private trust for their clients. However, theof the hucksters who promote the other kind of
strategy of a superior solution is talked about in thedefective structures.
last six paragraphs below. If you do not have time toCase Study Reveals Grave Weakness in the Private
read the whole article then go there now. But letsTrust:
first define what a P.T. (private trust) is before weSo, is their private trust legal? The one Achilles heel in
look at their trust in detail and before we decide onthis whole thing is that each and every trust that is
its legality for tax free investing and compare it withordered is set up for each and every client that
the charitable foundation strategy at the end of theorders one. So, the trust is actually an alter ego of
article.the client and the set up is tailor made so the client
Before going any further we need to make thecan avoid paying taxes. This is how most tax
definition of a private trust clear: People who areauthorities would view the establishment of this kind
looking for this kind of structure are looking for aof trust. It would be labeled a sham for attempted
legal way to keep their onshore or offshore assetstax free investing and the person could get big fines
private and hidden from those who would like toor even jail time.
take them in some way. They are also looking for aCharitable Foundation Strategy: Why it is legal and
legal way to gain tax free investing until something isSuperior
paid out to them. Some would disagree with thisIn our opinion, a bullet proof tax freedom strategy
complete definition, but if you get into the minds ofwould involve ONE charitable foundation that has
most people who are looking, you would agree it isbeen set up several years or more prior to a
sound.charitable donor approaching it. This ONE charitable
But we found that most trust services cater to thefoundation is involved with contributing to worthy
wealthy and so we looked high and low for anprograms that the donor can truly see value in.
offshore services provider that would help anyone noTherefore, the donor gives a substantial amount of
matter how much money they have. If you aremoney to the foundation and then afterward is
familiar with other private financial services you knowasked by the foundation council if they would like to
that they charge very very high fees to set up legalmanage the amount they contributed minus a fee for
structures for their clients. But this service providerprocessing their contribution. The donor would then
charges low fees to make a private trust available tobecome a contractual employee.
anyone for tax free investing. We decided to do ourThey as a contractual employee would agree to set
case study using P.T. Services to do a critique of theup a very private foreign llc (foreign limited liability
soundness of the private trust concept sincecompany) or an ibc (international business company)
everything about them is very good.in a private jurisdiction for the owner, manager, and
Private Trust Services - their strategies critiquedmember which is the charitable foundation. A bank
Private Trust Services offer a FREE and uniqueaccount will be opened and the money is then
banking and investment system for tax-freetransferred from the charitable foundation to the
investing and compounding.bank account of the offshore LLC or IBC. From that
You may be thinking to yourself: "Well, my countrybank account money is sent to various investment
has made tax-free investing via private trustsaccounts for tax free investing or wherever the
virtually impossible with all of their rules anddonor employee directs it to go. If the contractual
regulations. It is impossible to have one of theseemployee is a good manager then the onshore or
since the tax authorities rule they are a sham."offshore assets will grow in value. The investment
And these days for most trusts this is true! Howeveraccounts do not need to be offshore. They can be
with their special structure, you are neither theonshore also.
trustee, settlor, creator, protector, or beneficiary ofThe contractual employee of the foreign llc or ibc
the tax-free private trust. All you have is awhich is owned by the charitable foundation has a
contractual consulting agreement with the trustee.contractual consulting agreement with the charitable
But when you are paid for your consulting orfoundation and with the foreign llc or ibc he or she is
research services then you may have taxes to payan employee of. The employee may be granted tax
depending on your residency and citizenship. It isfree loans from the foundation council. Or, the
ultimately up to you.foundation council can pay the donor employee a
Through the contractual consulting agreement yousalary for the work as investment adviser of the
can make tax free investment and otherassets they contributed to the foundation.
recommendations. Furthermore, this tax-free privateThrough the contractual consulting agreement the
trust can reimburse you for the expenses generatedforeign llc or ibc employee can make tax free
by looking after its affairs, including lodging, food,investment choices and make other
travel, and transportation etc.recommendations to the council for the benefit of
The private trust is domiciled in a bullet-proofboth the foundation and the llc or ibc he or she is
jurisdiction, and thus enjoys the anonymity and otherworking for. Furthermore, this charitable foundation
protections this jurisdiction guarantees. Your name willcan reimburse this donor employee for the expenses
not show up on any public record, and the trustgenerated by looking after the affairs of the
enjoys the protection of the strong courts AND theoffshore llc or ibc, including lodging, food, travel, and
best trust laws in the world for asset protection andtransportation etc. and this could be done through
privacy. If this jurisdiction ever capitulates to freedomloans or a salary.
robbing global powers, then the trustees can moveCritique of the Private Trust Versus the Charitable
the trust to another jurisdiction that is bullet-proof.Foundation
AGAIN, these private trusts are not recorded at all,How is this charitable foundation and foreign LLC or
and are totally private which helps insure that yourIBC arrangement better than the strategies of
desired goals are accomplished. Again, I am justPrivate Trust Services? Well, one big reason it is
reporting the claims of those who set up thesebetter is that the charitable foundation was not set
trusts.up for the donor, but has been established years
The private trust is started with property of nominalprior to the llc or ibc that is set up for the
value, in accordance with the trust instrument.management of the money that the donor
Subsequent funding with trustee approval can becontributed to the charitable foundation. Other
done by anyone via gifts, loans, or otherproviders will set up a trust or a foundation "for you"
arrangements. It is NOT required that transfers ofand you are supposed to hide the fact that you had
cash or other assets (at fair or less than fair marketanything to do with the foundation or the trust. But
value) to these structures be reported. This featureafter this defective structure has been set up, if
assures your privacy and asset protection also.your taxing authority probes deep enough, they may
The assets of a private trust can be invested in totallabel what you did as a sham for tax evasion and rule
privacy into the numerous investment opportunitiesagainst you with fines and possibly jail time.
available to companies and individuals. Any investmentBut if you contribute as a donor to a charitable
returns can compound completely tax-free, allowing afoundation that has been set up years previously,
significantly greater rate of growth than if thethen the record is there right on the internet and in
returns were taxed. The time-frame in which sizablelegal paperwork, and you have something in your
sums are able to be generated is thus significantlydefense should the issue ever be raised. So you can
compressed.see why this arrangement is better than a private
They claim the legal foundations of their services aretrust and provides bullet proof asset protection, tax
exceptionally sound, but their effectiveness infree investing, compounding and income for the
providing tax freedom, asset protection and othercharitable foundation and also employee benefits for
benefits depends critically on the conduct of allthe lucky donor who made a contribution to the
parties involved with this private trust. They claim it ischaritable foundation and afterward discovered this
the way they appoint the special beneficiary thatlittle known tool and one of the only legal loopholes
allows for the tax free investment compounding andavailable for tax freedom.
legal non-reporting of asset transfers thatOur case study of Private Trust Services revealed
distinguishes their trusts.them to have a very good product in all ways but
They also steer clear of the so called "foreign grantorone: It has grave legal holes in the area of tax free
trust" option, which allows a foreign attorney to actinvesting which they claim a client can have with their
as a grantor on behalf of the client. This is anservice in setting up a trust for the client. This is to
erroneous definition of the term foreign grantor trustbe compared to the suggested strategy as given
and also a sham by the very definitions given in thedirectly above which proceeds from our expertise in
US tax code and would be ignored by the IRS forknowing that a charitable foundation structure, which
U.S. clients -- an attorney acting on your behalf is thewas established years previously and which a donor
same as you taking an action yourself. Such does notgives to, can be financially beneficial for the donor as
remove the reporting requirements of the structuredescribed above.