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I am going to
open your eyes, enlighten you, and teach you why the limited partnership is the
ultimate asset protection tool. I will show you how to laugh at lawsuits and
make your creditors cry. I will explain all the secrets about using limited
partnerships to protect any kind of asset. I will reveal how you can pass
$1,000,000 through your estate using only your $625,000 exemption.
Perhaps the
most important thing you're going to learn is that using the ultimate asset
protection tool is not only what you should do, it is something you can do
yourself. As with everything I do, I have simplified the creation and use of
limited partnerships.
Let me first
tell you a little bit about myself. I am an attorney who specializes in real
estate, business and asset protection. For several years, I was the Chief
Executive Officer of Success Development International, Inc., one of the largest
providers of business and real estate education in the country. In 1999, I left
that position, and today I annually teach thousands of people the exact techniques they can
use to protect their assets, and reduce their income taxes, the same techniques
that only the rich normally have access to.
Will You
Get Sued?
Yes. It's
a fact. Accept it. It's only a question of time. When, not if. Our society
is so litigious that you are going to be sued personally at least once in your
life. Bureau of Labor statistics project that the number of lawyers will
increase by 35% by the year 2005. The American Bar Association estimates the
average person will be sued five (5) times during his or her life. We already
have more lawyers in this country than we really need. All these lawyers have
to do something. They are not going to be suing people without assets. They
will be suing you, often not for any good reason. The sooner you accept the
inevitable and prepare for it, the better protected you will be.
I spoke at a
seminar recently and a doctor in attendance told this sad story. As the
director of a youth group in 1991, he invited the entire group and their
families to a picnic at his house at his expense. One girl brought along her
boyfriend. The young man was carrying his girlfriend on his shoulders and
playing "chicken" in the lake. Some other children allegedly pushed the first
couple over. Nothing was made of the incident at the time and no injury was
reported.
Almost two
years later, the doctor was served with a lawsuit claiming that the young man
injured his neck while at the picnic and spent a brief time in the hospital. Of
course, what better place to be injured than at a house owned by a wealthy
doctor. He was seeking $3,000,000 from the doctor and $3,000,000 from the
families of the other children. Until the doctor was served with the lawsuit,
he was not aware the boy might have been hurt. The doctor's insurance company
refused to defend the lawsuit or pay the claim because they were not notified
when the accident occurred, even though the doctor was never informed. So now
the doctor is paying one law firm to defend him against the claim. He is paying
another law firm to sue the insurance company in an attempt to force them to
cover his loss and attorneys' fees.
A similar
scenario could happen to any one of us. You can probably tell me as many scary
stories as I can tell you. We have to be prepared or we can be wiped out. You
don't have to do anything wrong to lose everything. You just have to be in the
wrong place at the wrong time.
So what does
this mean? Does this mean that we shouldn't be nice? Does this mean that we
should never invite anyone into our homes? No. We're sharing and caring human
beings and we will not live that way. This scenario is frightening to me and
people I know.
One of my
clients recently hosted a birthday party and he was having a great time until he
realized there were three lawyers in his house. Given his recent court battles,
he was immediately concerned about the potential for the lawyers to either (a)
have an "accident" or (b) turn someone else's minor mishap into a money making
venture. This is the world we now live in.
I don't want
you to get scared and stop doing business. If you manufacture widgets, keep the
machines rolling. If you're a professional delivering a service, keep up the
good work. If you're a retail store owner, continue to sell. All I'm asking is
that you change the way you think and the way you own and control your assets.
You are very
vulnerable right now. You don't know when or where disaster will strike. It
might never happen. The important point is this: If you prepare for disaster
and it never happens, you have nothing to lose. If you aren't prepared when
disaster strikes, you could lose everything.
As I travel
the country, I hear so many horror stories. Most of them begin like this: "If
only I had known two years ago what you've just taught me, before I lost two or
four or ten million dollars." It is truly horrible to hear the things that have
happened to people who were happy, successful business owners and investors.
Then, one day, a lawsuit was filed against them and it was the beginning of the
end. What the plaintiffs didn't take, the lawyers did.
You've worked
very hard to get what you have today. I know just what it has and will cost you
personally to achieve your success. I go through the same process and face the
same problems that you do. One specific rule that I strictly adhere to is
this: "I have worked very hard to get what I have. You will have to work even
harder if you want to take it away from me."
I know you
feel the same way I do. I know you don't want some plaintiff and his lawyer to
wipe you out after you have worked so hard to succeed. If I show you a way to
protect yourself, your family and your assets, are you going to be interested?
Are you going to use it? I have written this report so you will never have to
call me with your own horror story.
So, let's
look at how we are going to protect ourselves, our families and our assets.
You Need to Own All Your Assets in Various
Limited Partnerships and Here's Why.
No one can
discover what assets you own until after he obtains a final judgment against
you. You do not have to reveal anything before or during a lawsuit unless you
choose to do so.
When you are
sued and lose, the plaintiff (the person suing you) will obtain a judgment
against you. If you don't pay the judgment, the plaintiff will have the
opportunity to question you to discover your assets. Assuming (and you know
about assuming, don't you?) that the lawyer asks the right questions, you will
then have to reveal whatever you own and the form of ownership.
If you have
money in the bank, the plaintiff can get it. If you have stocks and bonds, the
plaintiff, as a judgment holder can take them. If you own real estate, the
plaintiff can obtain that as well. The plaintiff can also take your business,
even if it is incorporated. You must realize that the plaintiff, as a judgment
holder, can keep taking your assets until he gets enough, or you are wiped out.
This Brings
Us to The First Rule of Asset Protection - Maintain Control.
For
example, you are in the position of defending a lawsuit based on a claim you
would pay if you had the money available. The plaintiff obtains a judgment and
demands payment. When you refuse, the plaintiff may choose which of your assets
to sell. These assets are usually sold well below fair market value.
The plaintiff
has the right to continue the process of attachment and subsequent sale until he
actually receives the full dollar amount of the judgment. Because the plaintiff
could attach your assets, he is in control. If the plaintiff could not attach
your assets, then you would be in control. You could then sell only the assets
you choose, for full value, to obtain the money to pay the judgment.
When the other
party is in control, even a relatively small claim can result in a large amount
of damage. When you are in control, you determine what is sold, for how much
and when, plus how much is paid to the plaintiff and when. But, much more
importantly, if you choose never to give up your assets, or pay the judgment,
you can legally do so by simply using the Limited Partnership to bomb proof your
empire.
If you
continue to own assets the way you always have, then you will not be in
control. You can be severely hurt or completely wiped out unless you adopt a
different strategy to ensure your survival. The easiest and quickest way is to
divide your assets and own them in limited partnerships.
The Uniform
Limited Partnership Act (ULPA), which is adopted in some form in every state
except Louisiana, specifically defines certain treatment for limited partners
and limited partnership interests.
The most
important provisions from an asset protection standpoint are these:
A Limited Partnership Interest Can't Be Attached,
Can't Be Taken From You and Can't Be Sold by A Judgment
Holder.
This differs
from the treatment of stocks, bonds, mortgages, real estate, beneficial
interests and all other property interests, whether real or personal. A
judgment holder can take these assets from you or force their sale. A judgment
holder can't take your limited partnership interest. The courts continually
rule that it is against public policy and the ULPA to allow anyone to attach or
take a limited partnership interest.
Isn't it
obvious that you need to use limited partnerships? Absolutely!
The judgment
holder can't take the limited partnership interest away from you, so what can he
do? If he has a smart lawyer who knows what to do (and that is one big "if"),
he can get a charging order. The charging order requires any income that would
otherwise be distributed to you as a limited partner to be paid to the judgment
holder until he is paid in full. In other words, you can't get any distribution
of income as a limited partner until the judgment holder is paid in full.
Now, here's
the good part. Who's in control of the limited partnership and any
distributions? The general partner. Who's in control of the general partner?
You are. (I will explain the details later.) You completely control the
distributions to the limited partners. If you or your wife is an employee of a
corporate general partner, one of you can still receive a salary and have your
expenses paid while not paying the judgment holder.
Imagine that.
There you are with all your assets in limited partnerships. You get sued, lose
and a judgment is entered against you. Before you knew better, you would have
been ruined. Now, a judgment holder only has a judgment against you and has a
great deal of trouble collecting. He dearly wants to get paid, but he can't.
You are in a tremendously well protected position.
As good as
this is, it gets even better. Federal income tax law requires partners to pay
income taxes on the net income of a partnership even if no money is
distributed. The test for taxation is not the actual distribution to the
partners, but the net profit for the tax year. The money itself may have been
reinvested into the partnership business.
Likewise, if
your limited partnership makes money and chooses to roll the money back into the
business, you still have to pay income tax on your share of the net profit of
the limited partnership.
Furthermore, the IRS requires a judgment holder with a
charging order to pay income tax on your share of the net
income even if no money is actually distributed or received.
Because the
judgment holder would be entitled to the money if it was distributed, he has to
pay taxes on it even though he does not receive any money. The greater the
profit made by the partnership, the more taxes the judgment holder will have to
pay.
I hope you
understand just how powerful this is. I can't put enough emphasis on this. You
definitely must grasp this concept.
Instead of
letting someone take away your assets, you will place him in a position of
having two bad choices. One is to give up and walk away. The second is to
obtain a charging order, wait for some income to be voluntarily paid out to you
and, until then, to pay income tax on any net income of the partnership although
no money is actually paid. The use of the limited partnership gives you
incredible leverage. Even if the other guy has a judgment against you, you are
in control.
You Are Virtually Invulnerable.
You have
completely turned the tables on the judgment holder. Look at what you've done
to the guy. He started with great expectations of collecting a large sum of
money from you. He sued, went to court, won the final decision and got a
judgment. This guy was mentally spending the money already. He was already
cruising the Caribbean Sea thanks to you. Then, you upset him by refusing to
pay the judgment.
His smart
lawyer forced you to reveal where your assets are, then charged into court and
got a charging order. Then, the judgment holder sat back and waited for the
money to roll in. Surprise, surprise, surprise. The money never does show up.
The tax bill does, however, and the judgment holder must pay taxes on money
which he will never receive.
So what's the
judgment holder going to do now? He has done everything right and gotten an
income tax bill for his efforts. Instead of making money, he is losing money.
It's a good thing he had that smart lawyer!
Speaking of
lawyers, which we unfortunately have to do from time to time, let's look at the
lawyer's position in all of this. If the lawyer is getting paid on an hourly
basis, he is absolutely loving this long, drawn out, complicated process. He is
billing his client a huge sum of money although the client is collecting
nothing. The client, on the other hand, unless he is unbelievably stupid, is
ready to call it quits. He is wasting money paying his attorney to chase the
wind.
If the lawyer
is doing the work on a contingent fee basis, a situation in which he gets paid
only if he actually collects money, the lawyer is in a very tough position. He
can't get his hands on anything of yours so he can sell it and make money. If
he gets a charging order, his client is going to be upset that he's paying taxes
without receiving any money. This leads us to ask this question: How long will
a lawyer chase the wind when he is not getting paid? The answer is usually "not
very long."
If either the
judgment holder or his attorney gets discouraged, then the whole process begins
to unravel. As their enthusiasm for the chase wanes, your ability to survive,
and even win, the war increases. If you have ever tried to collect money from
someone who didn't want to pay or could not pay, then you understand the feeling
of frustration and amount of time being wasted by the Plaintiff. When you were
seeking payment, you gave up and walked away because it was more prudent and
beneficial for you even though your principles weren't satisfied when you
couldn't collect the money.
What About IRS Liens?
Even when the
IRS levies against you personally, the levy doesn't attach to assets you don't
own personally. When your limited partnership owns these assets, a lien against
you will not tie up your assets. This is especially true and even more
important when real estate is involved.
If you own a
property in your name, an IRS lien, or any other lien, will attach to your real
estate the minute it's recorded. By not having title in your name, a lien
against you is not a lien against your property. Of course, you should always
take title to real estate in a land trust. If you want more information on land
trusts, please see the Special Report titled "How to Use Land Trusts for
Protection and Privacy". The report should be available from the same person
who gave you this report.
Just so there
is no misunderstanding, this doesn't mean the IRS cannot get to your assets
eventually. In time if they wish to persist, their broad powers will allow them
to attach your partnership interest if they choose.
However, the
IRS may be the most powerful collection company in America, but they are also
the slowest and least likely to pursue an interest that can't be converted into
cash.
What If I'm Already Under Attack?
Well, it may be too late to close the
barn door, but . . . maybe not.
Let's say you
transferred your assets to a limited partnership even after you knew a suit was
pending. Could the plaintiff claim fraudulent conveyance and overturn the
transfer? The answer is probably, "Yes."
But, this
would first require the plaintiff to even be aware of the transfer and, second,
to pursue a fraudulent conveyance lawsuit.
On the other
hand, what have you got to lose? The point is: if you do nothing, your assets
will surely be seized. If you use the limited partnership, you at least stand a
good chance of losing nothing -- even when most people think it's too late.
Take it from
an attorney in the arena: it's never too late to build walls between you and
your predators.
The limited
partnership is truly the ultimate asset protection tool. By placing groups of
assets in separate limited partnerships, you will be completely prepared for any
lawsuit or judgment.
Usually, you
will use more than one limited partnership. You want to separate safe assets
and dangerous assets. Safe assets are ones which do not carry any potential for
liability, such as money, stocks, bonds, mutual funds, art collections, antiques
and the like. Dangerous assets are ones which carry potential for liability,
such as real estate, businesses and automobiles.
You never, I
repeat, never, mix dangerous assets with safe assets. Because the limited
partnership could be sued due to its ownership of dangerous assets, you do not
want to risk the safe assets in case of a lawsuit. You also will want to
consider the total dollar amount that you will want to place at risk in any one
partnership.
You can
certainly understand why the limited partnership is the ultimate asset
protection tool. Shortly, I will explain how the limited partnership will also
give you some terrific estate planning advantages. First, though, I want to
describe how the limited partnership is formed and used.
A limited
partnership is composed of at least one general partner and one or more limited
partners. Usually, you will have only one general partner. Often, the general
partner will be a corporation you control yourself or through someone you
trust. The limited partners will be you, your family members, your partners or
others. The limited partnership interests can be divided into any combination
you choose. The limited partners can own up to ninety-nine (99%) percent of the
interest with the general partner owning just one (1%) percent.
The general
partner is in complete control of the partnership decisions and is liable for
all acts and debts of the partnership. The general partner, for our purposes,
will only own one (1%) percent of the partnership. You will usually want to
have a corporation be the general partner for further liability protection.
Since the general partner is the sole point of liability exposure, you want to
protect that position. The general partner's interest is freely transferable.
The limited
partners have no control and no liability for either partnership acts or
partnership debts. As a limited partner, no plaintiff, judgment holder or
creditor can sustain a personal attack on you. The limited partners will own as
much as ninety-nine (99%) percent of the partnership. The limited partners'
interests are not freely transferable. Usually, the interests can only be
transferred upon the unanimous consent of all the partners at the time of the
proposed transfer.
For income
tax purposes, all income and expenses flow through the partnership and your
percentage, based on your ownership interest, is reported on your income tax
return. You will not suffer any adverse tax consequences by using a limited
partnership. The method of reporting income and expenses on your tax return
will change, but the net result will essentially be the same. If you properly
handle the transfer of assets into the limited partnership, then you will have
no adverse tax consequences.
The limited
partnership is also a very advantageous estate planning tool. You can
drastically reduce the total value of your estate for federal estate tax
purposes and save hundreds of thousands of dollars.
Currently,
you can pass a total of $625,000 through your estate without the payment of
federal estate taxes. This amount includes the fair market value of everything
you own less your debts. If you expect the net value of your assets to exceed
$625,000, you need a way to reduce the taxable value of your estate. The first
tax bracket for federal estate tax purposes is 37%. As the size of the estate
increases, so does the percentage of tax you pay.
By using
proper estate planning, you can reduce or eliminate federal estate taxes. For
every $100,000 you reduce your taxable estate, you save at least $37,000 in
taxes. The limited partnership is a terrific estate planning tool because your
limited partnership interest is worth less than the same interest in the actual
asset would be.
When you
transfer assets into a limited partnership, your ownership changes. For
example, you own a portfolio of stocks and bonds worth $1,000,000. You transfer
the stocks and bonds into a limited partnership in which you and your wife own a
99% limited partnership interest and control the other 1% through the general
partner. The tax court has held that the limited partnership interest has a
different value, lower than the value of the assets owned by the limited
partnership.
The test for
fair market value is what a willing, knowledgeable buyer would pay a willing,
knowledgeable seller. The limited partnership interest is not worth as much as
a free, unencumbered interest. The limited partnership interest can't be
controlled by the purchaser and may not be freely transferable. As a limited
partner, he has no rights since the general partner is in control. This lack of
control results in a lower value for the limited partnership interest. The
minimum discount from the fair market value of the assets is generally 30%.
Sometimes, the discount has been as high as 95%.
By
transferring your assets into a limited partnership and obtaining a 40%
discount, you can reduce the taxable value of your stocks and bonds from
$1,000,000 to $600,000, thereby saving more than $150,000 in federal estate
taxes.
The limited
partnership is the ultimate asset protection tool and a great entity for estate
planning as well.
Without
using the limited partnership, you risk losing everything you have, even if you
never do anything wrong.
I have
created a superb system on Limited Partnerships called "The Ultimate Asset
Protection System." As usual, I put all my efforts into creating a course that
contains a complete explanation in language you will easily understand. The
manual is as easy to read as this report. The cassette tapes will teach you how
to create a limited partnership using the fill-in-the-blank forms I have
included. You will understand how to transfer assets into several limited
partnerships for the best asset protection mix. You will receive the knowledge
of how to plan your estate to minimize or eliminate federal estate taxes.
The course
also includes the forms on a computer disk, for IBM or Macintosh, that you can
use with your existing word processing program. You will be able to quickly
form your own limited partnerships. I have made using them as easy as it is
ever going to be. You can see from this report that you need to use limited
partnerships and my new system, including the manual, cassettes and computer
software, is the best, easiest, most cost effective method of doing so.
Shawn Casey's "Millionaire Success System" includes
- How to Protect Your Assets and Reduce Your Taxes Using Trusts
- How to Create and Use Corporations
- The Ultimate Asset Protection System
- How to Never Pay Taxes When You Sell Real Estate
This is a $1588 value all for only $997
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