1. Every aspect of it is perfectly lawful. It is guaranteed by the U.S. Constitution, Supreme Court and other court decisions.
2. It is inexpensive to establish, can be maintained by you, without an attorney and involves minimal paperwork
3. It is lawful in every state and worldwide. An Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift Trust established in one state can operate in any other state.
4. Assets conveyed to an Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift Trust may be used and enjoyed during your lifetime.
5. An Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift trust is made irrevocable to eliminate liability.
6. It prevents any information about your assets, liabilities and heirs from becoming public.
7. It is never subject to probate or estate taxes.
8. You can use it to defer tax liability.
9. It can operate any lawful business anywhere in the world. It eliminates liability with no disadvantages of a corporation.
10. All of the assets and cash, tangible and intangible, which are conveyed into the corpus of an Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift Trust through capitalization, is a non-taxable event.
11. When an Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift Trust is used in a legal manner and under the provisions of the Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift, it is totally impenetrable by creditors, agencies, governments and is immune from transfer by operation of law or a turn over order of any court. Its creation is in compliance with Scott on Trust Law and the Internal Revenue Code.
12. When someone dies with a valid will in place, relying on an executor and the system to probate the disposition of the estate, the estate could be plundered by up to 70% of its value.
13. A personal bankruptcy has no effect on the Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift Trust assets.
14. A judge cannot issue a turn-over order against a Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift Trust to satisfy any claim or judgment. This provides complete and total asset protection.
15. The Trustee of the Trust maintains complete discretionary control of the assets of the trust for the Beneficiaries.
16. Funds or endowments conveyed to a Trust have no tax consequences to the party contributing the funds.
17. Any party may have funds paid to the trust for the benefit of the beneficiaries as Capitalization.
18. No other entity or structure has all of the advantages of our Copyrighted Irrevocable, Non-grantor, Complex, Discretionary, Spendthrift Trust or can compare with the functions, operations, compliance or ease of management this Trust provides.
AN IRREVOCABLE, NON-GRANTOR, COMPLEX, DISCRETIONARY, SPENDTHRIFT TRUST
Through discretionary terms and conditions by the correct use of the law and the Internal Revenue Code, the trust can make available EXTRAORDINARY DIVIDENDS and Taxable STOCK DIVIDENDS without taxation.
· Totally eliminates exposure to PERSONAL LIABILITY
· Eliminates PROBATE and all associated expenses.
· Eliminates all INHERITANCE TAXES when properly constructed.
· When properly constructed the trust is MEDICARE/MEDICAID COMPLIANT.
· Eliminates all concerns about INCAPACITY AND GUARDIANSHIP.
· Protects land holdings from loss due to URBINIZATION.
· Eliminates CAPITAL GAINS TAX. .
Sec. 643. Definitions applicable to subparts A, B, C, and D
STATUTE(a) Distributable net income
For purposes of this part, the term "distributable net income" means, with respect to any taxable year, the taxable income of the estate or trust computed with the following modifications -
(2) Deduction for personal exemption
No deduction shall be taken under section 642(b) (relating to deduction for personal exemptions).
(3) Capital gains and losses
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Losses from the sale or exchange of capital assets shall be excluded, except to the extent such losses are taken into account in determining the amount of gains from the sale or exchange of capital assets which are paid, credited, or required to be distributed to any beneficiary during the taxable year. The exclusion under section 1202 shall not be taken into account.
(4) Extraordinary dividends and taxable stock dividends
For purposes only of subpart B (relating to trusts which distribute current income only), there shall be excluded those items of gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting in good faith, does not pay or credit to any beneficiary by reason of his determination that such dividends are allocable to corpus under the terms of the governing instrument and applicable local law.