Chart Irrevocable Trust, Revocable
Living Trust, Non-Grantor Trust,
LLC, Sub-S Corp, Family Limited Partnership
| Feature / Benefit | Ultra Trust®1 | Revocable Living Trust2 | Domestic Non-Grantor Trust3 | Limited Liability Co. LLC4 |
|---|---|---|---|---|
| Asset Protection | YES | NO Protection, NONE | YES | YES |
| Eliminate Probate | YES | YES | YES | NO |
| Eliminate Estate Taxes | UNLIMITED | NO | UNLIMITED | NO |
| Defer / reduce Capital Gains Taxes | Possibly, under certain conditions | NO | VERTEX TRUST ® up to 20 years | NO |
| Defer / reduce Income Taxes | NO |
NO | YES, if combined with international structure | NO |
| Form 1040 income tax benefits | YES, Designed for asset protection, but Interest on mortgage and Real Estate Tax pass-through as a tax deduction to your form 1040. If it's a business, all underlying income and expenses are passed through. | YES |
NO | YES |
| Comments: | Designed to hold your primary residence and ALL your other significant assets; the only structure that can hold Sub "S" stock; qualifies as an Insurance Trust (see footnote A) |
Designed to eliminate probate. DOES NOT eliminate estate taxes; ABSOLUTELY NO asset protection, nothing more than an extension of your will. In my opinion: a sham perpetrated on you by unqualified professionals. | designed to defer all capital gains taxes when combined with international structure (see deferral of Capital Gains) | Replaces Sub "S"; LLC Entity of choice for all new business entities; strongest asset protection for business ( see footnote A & B ) |
| Feature / Benefit | Sub "S" Corporation 5 | Family Limited Partner- ships | Limited Partner- ship6 | General Partner- ship7 |
|---|---|---|---|---|
| Asset Protection | Courts have rendered this structure worthless | General Partner exposed for 100% of assets | General Partner exposed for 100% of assets | NO Protection, whatsoever. EACH PARTNER is exposed to the liability of ALL his other partners. You should NEVER do business as a General Partnership. Worse than Sole Proprietorship. |
| Eliminate Probate | NO | NO | NO | NO |
| Defer / reduce Capital Gains Taxes | NO | possibly | NO | NO |
| Defer / reduce Income Taxes | NO | possibly | NO | NO |
| Form 1040 Income tax benefits | NO | NO | NO | NO |
| Comments: | The White Elephant. Professionals no longer regard this method of onwership as an asset protection device or tax efficient device. He who "owns" the stock owns the company; NO asset protection for the shareholder; officers, or directors. Too many restrictions on who may own the Sub Chaper "S" stock for efficient tax pass-through. |
Designed to slowly leave your company to your children; general partner has NO asset protection under attack by IRS ( See footnote A & B ) | General partner has NO asset protection; he who controls the GP owns the company ( See footnote A & B ) | it's extremely unwise to operate as general partnership; not only are you responsible for your own lawsuit(s), but also that of "ALL" your partners potential lawsuits |
Sole Proprietorship: If you operate your business as a " sole proprietorship", it's the absolutely worst way to do business and you're a walking lawsuit. (I'm being tactful with my words).
(Footnote A) The Ultra Trust ® is an ASSET PROTECTION FORTRESS when combined with other structures: - the LLC, Family LLC, Limited Partnership, Family Limited Partnership, or is the owner of a General Partnership Interest.
(Footnote B) Creditor's sole remedy is a "Charging Order" against partner's "Capital Account Distributions". When will the LLC partner get a "Capital Account Distribution?" Answer: NEVER. Furthermore, the creditor is obligated to pay taxes on your taxable income, even though the creditor receives NO ACTUAL CASH DISTRIBUTIONS. Click here more information on the " Charging Order"
Rocco Beatrice, CPA, MST, MBA, Managing Director, Estate Street Partners, LLC.
Mr. Beatrice is an asset protection, award-winning trust and estate planning expert.
| If you are seeking for an Alternative, Uncompromising & Exclusive Estate Planning & Wealth Preservation Chartered Roadmap to Your Accelerated Financial Success then call us now for a completely FREE, no obligation, no sales pressure, 100% total & complete client privacy consultation. Call us now at 508-429-0011! |
|---|
Estate Street Partners, LLC
Uncompromising, Alternative and Exclusive Estate Planning & Wealth Management for an Accelerated Chartered Roadmap to Financial Success
71 Commercial Street #150, Boston, MA 02109
toll-free: 888-93-ULTRA (888-938-5872)
tel: +1.508.429.0011 fax: +1.508.429.3034
Only by appointment: 2235 E. Flamingo Road, Suite 201-G, Las Vegas NV 89119
toll-free: 888-93ULTRA (888-938-5872)
tel: 702.615.7616 fax: 702.796.6694
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