Section Three - Why You Must Build Secure Wealth & Liberty Offshore
Chapter 9 - Like It or
Not: Welcome to the New World of Wealth Preservation
Talking Points:
The new post 9/11 world of asset protection holds many
dangers for old-style measures. With the decline of privacy and
independence in most jurisdictions, only fully compliant structures
can be successful in the long-term. Discussed here are some
strategies and structures that can work for you, as well as
solutions to existing programs that have not been revised and
updated to comply with new laws and regulations.
Are Your Old Style
Asset Protection Structures Still Working?
In order to build secure wealth today, we first need to
identify the old style structures and strategies to determine their
effectiveness in this new environment of openness and transparency.
Below is a summary of the most popular wealth preservation
strategies-- their benefits, advantages and disadvantages, how the
strategy works, the risks involved, and any recent regulatory actions that
might now have an impact on their effectiveness.
There are many
ways Americans and other world investors have attempted to protect
and defend their personal wealth in the past. Some strategies have
worked well, others have been successful in specific circumstances,
and some were unwise choices all together. Just remember that former
questionable asset protections actions will likely catch up with
most investors and we urge all readers to make sure their wealth
preservation strategies and products are legal as required by U.S.
regulatory agencies.
A Non-Reported
Offshore Bank Account
In
the not too distant past, secret or unreported bank accounts were
difficult for both government regulators and litigators to find, and
it was a relatively easy matter to move money in and out of the
country in a low profile manner. This type of activity saved the
wealth of thousands of German Jews in Germany after Hitler took
over, but it was an illegal activity punishable by death. Yes, this
illegal method of wealth protection worked in the past for some Americans and citizens
from many other nations around the world but the free ride is over today-- at least for American
citizens.
An
Offshore Fixed Swiss Annuity
For
many years, this type of fixed annuity was the asset protection and
hard currency diversification vehicle of choice for thousands of
Americans and other world investors. These investors wanted a
simple, effective, and inexpensive offshore account with a low
minimum investment and asset protection provided by Swiss insurance
law. These benefits were further enhanced by the fact that the
annuity was not reportable as a foreign financial account.
From the late
1970's until the dollar's low point in the fall of 1995, hundreds of
millions of dollars flowed into these low cost, attractive insurance
products. While the interest rates were low, the strength of the
Swiss franc verses the dollar provided an additional currency
benefit, which made this an attractive product during the weak
dollar period. Its low minimum investment of around $10,000 made
this the perfect easy introduction to the offshore world.
Today this
insurance annuity product remains an excellent offshore investment
and its tax-deferred status is apparently still grandfathered for
existing policy holders. It is great for small investors who just
want an interest earning account offshore that should appreciate in
value as the dollar falls in value. However, be aware that the feds
(thanks again Washington) have ended tax-deferral on new Swiss and
offshore fixed annuity accounts. Now it is just one of several
alternatives for investors wanting to diversify outside of the U.S.
and the dollar, but the benefits and commission costs do need to be
compared with that of a simple offshore bank account. The fixed
annuity is still worth considering for investors looking for an
easy, low-cost way to diversify a portion of their wealth offshore
for dollar protection and asset protection in a wide source of
currencies including the Swiss Franc, Euro, Dollar, and British
Pound. I would like to note that you can also easily switch between
currencies as markets dictate in many of the annuity products.
You Can Still Trust
Asset Protection Trusts When Compliant With All the Regulations
During the 1990's, the
offshore asset protection trust was often the best protection
vehicle available for high net-worth Americans desiring to protect
their assets from frivolous lawsuits and unwarranted seizures. Tax
havens were
booming as
hundreds of millions flowed outside the litigious U.S. society to
safety offshore. Their independent government jurisdictions provided
the much needed financial privacy and a legal system that actually
favored the individuals and trusts instead of plaintiffs and trial
lawyers as is the case today in the U.S.
In the year
2000, the OECD and FATF threatened sanctions against all tax-havens
unless they signed treaties with the U.S. allowing full
investigations and unlimited pursuits against those labeled as tax
cheats. America indicated that foreign laws, asset protection
legislation, privacy statues, and even foreign legal systems were
required to knuckle under to
Washington…or else.
This expansive
attack against offshore asset protection was further aided by the
Ninth Circuit action in the Anderson Case, which established the
precedent for judges and courts to ignore all offshore jurisdictions
and to threaten to throw Americans with assets under attack in jail
for contempt of court until the money the courts demanded was paid.
All of this, combined with the increased reporting requirements now
has added to the questions, risks, and protection benefits for the
still popular asset protection trust strategy. After all, how
popular will a particular offshore product be if the U.S. courts can
now make policy and confiscation actions independent of the rule of
law in an offshore jurisdiction.
Basically, now
we have degenerated to the deplorable situation where if an offshore
structure or vehicle allows for the easy release of assets by the
investor through loans or cancellation, then the American citizen,
even if innocent of any wrong doing, can be thrown into jail and
held hostage for contempt of court until the court ordered seizure of the assets can be
completed.
These actions by the U.S. courts should be a wake-up call to every
American that the U.S. legal system will no longer protect your
wealth. On the contrary, it has now been overtaken by trial lawyers
and powerful legal interests who actually use the system that was
originally designed to safeguard property and rights, as the main
predator against them. Thus, the American legal system, once the
envy of the world, has in situations degenerated to the legal enforcer of pillage,
theft, and wealth confiscation. These new legal tactics, such as
with the Anderson Case, where productive Americans are held for
ransom by an frenzied, corrupt court system, is a travesty for
America's once respected legal system. Offshore asset protection
trusts can still play an important part in your wealth preservation
planning, but make sure you close any loopholes, or be prepared to
make the difficult choice of your wealth or jail time for contempt
of court.
The Offshore Variable
Annuity
At first glance, this
is a significant improvement over the asset protection trust because
this annuity offers less complicated annual filing requirements and
the low-profile benefit of tax-deferred growth. A problem with some
of these products is the high back-loaded commission structure,
similar to many U.S. variable products, which can make the product
somewhat costly to cancel in the first few years. In fact, some of
the back-end early surrender charges on offshore variable products
have equaled, or even exceeded, the American levels. These often
start at a 7% penalty of any withdrawal during the first year
declining by 1% each year until the charge ends in the 7th
year. If you are interested in this excellent offshore type of
product, consider those with lower charges.
A second
problem exists for those offshore variable annuity products that
were developed during the late 1990’s near the peak of the U.S. and
global stock market mania. Many investors transferred funds from
existing fixed annuities or bank accounts opened when the dollar was
strong into these attractive new variable annuity products. This was
a double-hit because they suffered currency losses from their
original investment and went into the new product at the top of the
stock market mania during 2000 and 2001, which resulted in
additional losses when these markets turned down. These investor
portfolios suffered greatly from the double assault of getting out
of the foreign currency at the peak of the dollar and into the
equity portfolios of the variable annuity at the peak of the bull
market.
Today,
conditions for the dollar and US investment markets make this an
opportune time to consider additional diversification outside the
narrow confines of the dollar and the American stock market, into
the wide range of non American investment alternatives. Timing is
often crucial in both liquidating existing investments and in moving
into new investments. Following the crowd is often an expensive and
losing proposition since the majority of investors, especially in a
mania situation, are always wrong. Most investors have sadly
learned that the same herd mentality is all too often prevalent in
investment advice from many U.S. and offshore financial experts.
"There
is a big difference between thinking for yourself and mass thinking.
In the hands of the mob, ideas get hollowed out like campaign
slogans, to the point where they are completely empty. They appeal,
not to the reason of an intelligent observer, but to the lowest
common denominator of emotion." -
Bill Bonner,
The Daily Reckoning www.dailyreckoning.com
It is apparent
that the strength of the dollar has ended, at least temporarily, as
the Euro and the Swiss franc have appreciated substantially verses
the dollar during the 2003 to 2005 period. From 2005 until now,
(early 2007) the currencies have remained in a narrow trading range.
I believe the dollar will fall further during the next 36 months as
the weakness in the real estate markets will mean lower interest
rates and a lower dollar. Moreover, in response to bloated deficits,
a weak American stock market, and terrorist threats, the Euro is
beginning to rival the dollar as a world reserve currency. Although
I believe a strong Euro and European stock markets can move up
together, it is always very important to diversify, invest
conservatively and, above all, remember that timing is crucial.
Investors
should always beware of sales pressure or investment solicitations
that advocate extreme actions at the peaks or valleys of bull and
bear markets. Regardless of whether the market is currency, bond,
stock or precious metals related, major movements or changes of
portfolio philosophy can be detrimental. Remember, all markets are
cyclical. It is important not to follow the mass crowd of investors
or non-sophisticated investment advisors and jump off the cliff at
the end of each cycle. The bottom line is to take profits all the
way up in bull markets and cut your losses all the way down in bear
markets in order to reduce portfolio volatility and increase overall
return.

Ron Fact, Book & Video Recommendations For This Page:
The government has used the "so called" War on Terror as a
convenient excuse to destroy your former economic freedoms and
financial privacy. This tightening of investment rules and increased
reporting requirements for many offshore accounts have made many old
style asset protection strategies less secure and in some cases
illegal if the new reporting requirements aren't followed. For
example the old style fixed Swiss annuities are no longer
tax-deferred and thus the interest needs to be reported on the tax
returns of investors thus many American investors now use Swiss
variable annuities in order to maintain tax deferral. - Ron Holland

Building and Preserving Your Wealth by Steven Podnos. The book
focuses on how to keep and
grow the money that you already have in an intelligent and
informative manner.
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Confederation Institute News
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