Unmatched Power of Our Trusts
What Sets OUR Trusts Apart From All Others
No other trust documents in the world have been certified by the IRS, are attorney approved, and judge validated like ours.
Because of the unmatched power contained in the specific language OUR trust to achieve unprecedented tax benefits and asset protection, the attorney who specialized in trust law and originally authored our trusts copyrighted the language so they could not be duplicated. And cases of copyright infringement have been tried and in every instance we prevailed.
On top of that, legal precedence has adamantly affirmed the legitimacy and unassailable power of these trusts (see Case Law / Opinion Letters) so you can have the confidence that your assets and income, when properly placed into corpus of one of our trusts, will be impervious to government taxation, lawsuits, creditors, divorce, bankruptcy, liens, levies, or death.
Not Within Government
Power to Tax nor Regulate
A contract in the form of Spendthrift Trusts like ours does not owe its existence to any act of the legislature. The authority for its creation is the common law right of the parties to enter into a contract as the Constitution recognizes and appeals to a right preceding even the foundation of America.
And according to American law, the government cannot regulate or impose a tax upon such a right. It is based on our “right to contract” according to the Constitution of the United States, Article. §10 which makes a trust organization unimpariable.
That means that it is not within the power of the government or even a judge to change one word of a contract of Trust. Once the property is transferred into one of our Spendthrift Trusts, it is subject to its own indenture, which governs and, protects the property held by it. By contrast, the government can ONLY regulate and tax entities it has the authority to create.
Legal Tax Avoidance
Our unique Spendthrift Trust is exempt from the requirement to pay tax on the income and capital gains money deemed to be paid to the corpus of the trust according to the terms and conditions set-forth in the trust. This is accordance with Internal Revenue Code §643(b). That means if set up properly, all capital gains and income endowment put into the trust will be nontaxable. Think of this as like a unlimited self-directed IRA but give you power to purchase or invest in nearly anything with the money.
What that means is that essentially any income source (wages, 1099 income, profits, etc) can, if properly setup to do so, be directed into the corpus of the trust deferring all income/corporate taxes with absolute control of the assets being given to the Trustee. There is nothing more powerful for preserving wealth.
And such is not the case with other trusts. By comparison, Revocable Living Trusts, which like corporations, are statutory and are therefore subject to legislative control and taxation. Both corporations and Revocable Living Trusts are required to file and pay taxes each year and in the case of the Trust is then taxed at a substantially higher rate than even your personal income.
Case Law Regarding Trusts
Some legal precedence and law is helpful at this point.
Weeks v. Sibley DC 269£, 155
Edwards V. Commissioner. 41512£!, 532 10th Cir. (1969) and
Philips v. Blanchard 37 Mass 510,
The courts ruled that the organization of a Spendthrift Trust is not illegal even if formed for the express purpose of reducing or deferring taxes.
Edison California Stores, Inc. v McColgan. 30 Cal 26472.183 P2d 16.
Ruled that persons may adopt any lawful means for the lessening of the burden of income taxes.
The Department of the Treasury, IRS Handbook for Special Agents § 412,
Ruled that tax avoidance is distinguished from tax evasion and states; “avoidance of taxes is not a criminal offence. Any attempt to reduce, avoid, minimize, or alleviate taxes by legitimate means is permissible”.
Narragansett Mut. F. Ins. Co. v. Burnhamun 51 r1371, 154 a 909,
Ruled that It is not an evasion of legal responsibility to take what advantage may accrue from the choice of any particular form of organization permitted by law.
Trusts Are Not Subject to Legislative Control
Another major advantage to operating a Spendthrift Trust Organization as a business is that, because it is not a creature of the legislature, it is not subject to the myriad of strangling legislative controls, rules and regulations that are applicable to corporations and other legislative entities as ruled by The Supreme Court in:
Eliot v. Freeman 220 US 178 (Argued January 19, 1911, Decided March 13, 1911 – 220 U.S. 178)
Ruled that a Spendthrift Trust Organization is not subject to legislative control. The Supreme Court holds that the trust relationship comes under the realm of equity based on common law and is not subject to legislative restrictions as are corporations and other organizations created by legislative authority.
Not an Alter-Ego
A Spendthrift Trust Organization is also not an alter ego or a nominee for any trustee or beneficiary because no one individual holds both legal and equitable title and beneficial interest.
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Global Asset Preservation Trusts (GAPT) is not a law firm, CPA/Enrolled agent, nor financial or tax advisor and should not be considered to be acting in those capacities. This website is provided for information purposes only and should not be considered nor be construed as legal, accounting, financial, or tax advice. GAPT strongly suggests that Purchaser contact an attorney for legal advice, a CPA or equivalent for tax advice, and such other financial or tax advisors customarily consulted when in engaging in complex legal and financial transactions regarding the purchase, structure, and utilization of any product purchased from GAPT.