Category: Asset Protection

  • Wealth vs Income

    Wealth vs Income

    I am a bit shy about talking about the issue of wealth, since there is clearly an argument to be said that I am trying to explain to a chicken how to lay an egg. Also, I remember my father telling me: “Never talk about money, politics and religion; you’ll only lose friends.” But over the years, as I have attempted to help people to legally protect their assets, reduce their taxes and obtain great financial privacy, I have asked myself this question: “What is Wealth?”

    In my opinion, the most obvious and destructive mistake is made when one confuses income with wealth. Although the two are related they are not synonymous.

    Let us start with my definition of wealth: I believe wealth must be defined as assets which (1) generate income, and (2) that are relatively liquid, at least to the extent that they can be transferred to another party in exchange for some fair value.

    Let us proceed with a simple review of what money can do. If you had one million dollars, and you invested those funds in prudent investments, you should be able to obtain an annual return of roughly $60,000.00 to $120,000.00 a year, or translated monthly, $5,000.00 to $10,000.00 a month. This is wealth (although depending upon your situation and needs, it may or may not be considered enough to make you “wealthy”). The funds produce income, and the assets which represent those funds can be transferred to others in exchange for fair value.

    Now there are three things that are commonly confused with wealth:

    1. A prestigious job with a high salary;

    2. An expensive house; and

    3. Ostentatious displays of wealth (i.e.; bling, expensive cars, clothing, consumer goods, etc.).

    In the case of the high paying job, earning power is closely linked with the cost of living, so someone earning a “good living” in Houston, Texas, would most likely barely be able to survive on those same earnings in New York City. With that in mind, I think it is safe to say that someone who makes $20,000.00 a month would be considered “wealthy” almost everywhere.

    And that would be a mistake almost everywhere since earnings from employment are not wealth, at least not according to my definition above. No matter how much you make from employment, since the job cannot be transferred in exchange for fair value, it cannot be considered a wealth building asset. That is not to say getting a high paying job is bad, only that it is not in and of itself something that can make you wealthy.

    Another thing that is often confused as wealth is housing. People have a tendency to identify someone as wealthy because he or she lives in an expensive house in a nice neighborhood. Again, these people would be mistaken if the house was the only consideration. Buying a house may often be a safe and wise way of providing you and your family with shelter, particularly if the long-term cost of buying a house is less than the long-term cost of renting, but it is not a source of wealth. It is not wealth even if the property value of the house increases during the time in which you live in the house. This is because no matter how cost effective it may be to buy versus rent, and no matter how much the property appreciates in value, it cannot produce income for you while you are living in it. So, although it may be wise to put your money into buying a house instead of renting, and buying a house may result in the value of the asset appreciating, such an investment does not make someone wealthy per se.

    Finally, the issue of ostentatious displays of wealth, often referred to as obscene consumption, clearly should not be confused with wealth, although often it is, if not on an intellectual level than on an emotional level. Who does not see someone driving a beautiful new car that costs more than the average house and shake their head thinking, “I wish I could afford that”? However, if there ever is something that is the very opposite of wealth, it is the barbaric display of wealth. In ancient times people would “invest” in gold and other movable items of wealth because of two reasons: the world was not safe enough for more permanent investments, and such displays could generate awe and admiration in others that would often translate into position and power. No doubt there are similar issues at the heart of ostentatious displays today, but I think it is fair to say the purpose of such displays have essentially disappeared, and as such they represent an anachronistic view of the world.

    So, after all that, are we any closer to understanding wealth? And more importantly how to become wealthy? It is clear that earning a large salary will not in and of itself make you wealthy. It is also clear that owning a large and valuable home will not make you wealthy. And it should go without saying that ostentatious displays of wealth do not make you wealthy.

    The answer is that the wealthy person possesses “wealth building assets”: assets which either generate “rents” (i.e., the money that is produced by the asset in question), or appreciate in value.

    In the case of the person who makes $20,000.00 a month, if this persons converts that salary into an expensive home and ostentatious displays of wealth, then he or she will never be wealthy. Such a person may have a very nice lifestyle as long as the employment lasts, but nothing is being created that will create income or can be transferred in exchange for fair value. But this is exactly what most “wealthy” people do. A job will never make you wealthy since a job can never be considered an asset which generates income and can be transferred. If anything, it may be more akin to a form of slavery, particularly if the person becomes wholly dependent upon 100% of the earnings from the job to maintain a lifestyle. The only way a high salary can lead to wealth is if one of two things takes place: the person lives on a percentage of the earnings and invests the rest in true “wealth building assets”, or if the person is able to convert the job into a significant equity position in the employer (i.e., a partner). Anything else is just a mirage of wealth.

    Often people will assert that investing most of their free money in a house is a “good investment” since the long-term costs of buying is less than renting. In most cases this is true. However, this does not mean that buying a house creates wealth. It simply means it is better than renting. Now if you take the excess income that you earn at your job, and invest it all in a house that may be more than you really need for your purposes of shelter, then you are most likely never going to be wealthy. You may have a very nice house, but you will never be able to get anything out of the house until such time as you are willing to move out of it. And then, if you are like most people, you will want to take the money from the house you are selling and put it into another house in which you will move into. A house may be a wise use of funds as compared to renting. A house may be a safe place to store your money since it may actually appreciate with time. But a house will almost never make you wealthy since it cannot generate income, and requires you to abandon it in order to get your money out of it.

    In order to become wealthy you must have “wealth building assets” that either produce income from the nature of the property, or which tend to appreciate over time, and of course these assets must be liquid to the extent that you can sell them at fair value. If the above three items are often mistaken for wealth, I suppose the real way of becoming wealthy involves saving money, investing wisely (in something other than your house), and living frugally within your means. And that is it.

    Wordle: Wealth vs Income

  • The Secret of Asset Protection Planning: Compartmentalization

    The Secret of Asset Protection Planning: Compartmentalization

    The secret of great asset protection is not secrecy or privacy, but “compartmentalization“.

    This means that your assets are separated and protected from your liabilities and risks.

    The ultimate example of the successful implementation of compartmentalization can be found in the USS Missouri, one of the most powerful battleships ever created and based upon the powerful Iowa Class Battleship model.

    The Iowa Class Battleship was designed during World War II to be fast and nimble yet tough and reliable. Too much armor would make the ship slow and cumbersome, so the US Navy focused instead on compartmentalizing the ship so that no single strike could cripple or sink the ship.

    The ship was divided into separate compartments protected by fire walls limiting any damage to the particular compartment that was hit. It was designed to withstand multiple strikes from torpedoes and shells without sinking.

    In 1989, this compartmentalization unfortunately underwent its ultimate test when an explosion in one of the gun turrets set off the magazine (ammunition supply) below the turret. This explosion was catastrophic and killed everyone inside the turret compartment, but the ship itself was able to survive the blast intact; a blast that would likely have obliterated lesser ships.

    This was because the explosion and fire that occurred could not spread to the other compartments.

    This same concept can be applied to your business and personal assets. You NEED to separate your liabilities from your assets. Protect the sources of your income and wealth from the dangers inherent in doing business and simply living.

    Wordle: The Secret of Asset Protection Planning: Compartmentalization

  • “How Delaware Thrives as a Corporate Tax Haven”

    “How Delaware Thrives as a Corporate Tax Haven”

    “How Delaware Thrives as a Corporate Tax Haven”

    An interesting, if typically biased, article about Delaware companies.

    delaware_signI often say that the USA is the greatest tax haven on earth, only you cannot be a US citizen or live here. This is because US laws provide a tremendous degree of legal protection and tax benefits for foreigners who are non-residents. To a lesser degree Delaware does this for the rest of us.

    This article describes how Delaware provides an ideal jurisdiction for business formation, but of course throws in the rather unfair characterization that it is all somehow unfair, perhaps even criminal in nature. The article emphasizes the fact that Delaware company formation provides a tremendous degree of privacy, making it very difficult to determine who is the real owner of a Delaware company. The article points out that many criminals have chosen Delaware, arguably because of its privacy. But this characterization is grossly unfair. The privacy that can be obtained by using states likes Delaware is only a small part of why Delaware is such a popular jurisdiction. The fact that a few bad eggs take advantage of this privacy does not make it a bad thing.

    The article focuses on tax policy, but implies that somehow the privacy that is obtained by using a Delaware company is the issue. This is simply not true. Privacy and Tax Reduction are two very different things.

    There are many valid reasons to choose to incorporate in Delaware. The primary reason why Delaware is so popular is because Delaware has chosen to be a low tax jurisdiction thus attracting businesses. It is also popular because its corporate law is so advanced and secure. Finally, Delaware is very popular because it provides a great haven for legal asset protection planning and it provides financial privacy.

    None of these reasons are bad; least of all the financial privacy provided. I am confident that more honest people benefit from such privacy than there are criminals that take advantage of it. If such privacy was taken away, criminals would simply use false names and/or sham owners; after all they are criminals. The privacy provided by Delaware and other states protects the honest who are trying to protect their assets and personal privacy more than it covers for criminal activities. Perhaps the other states should stop complaining about Delaware “robbing them of tax revenue” and instead emulate Delaware and other low tax, business friendly jurisdictions.

  • What is an LLC? Why should you care?

    What is an LLC? Why should you care?

    A limited liability company (LLC) is a hybrid business entity that blends together characteristics of a partnership and a corporate structures. It is incredibly flexible giving limited liability to its Members (the owners) just like a corporation, but offering the ease of management of a partnership.

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    It also can offer interesting tax advantages depending upon how you want to use it (but only if properly set-up). It can be set up to be treated as a “disregarded entity” providing “pass through” tax treatment, or it can be set up as a “taxable association” in which case it is taxed like a corporation, but without some of the negative aspects of a corporation. This can often avoid double taxation.

    But the most interesting aspect of an LLC is its ability to protect your assets. How can an LLC protect your assets?

    The LLC has many special features similar to a partnership that are very beneficial for asset protection:

    • A partial LLC interest, unlike shares in a corporation, cannot be easily seized by creditors. If a Creditor attempts to take your Membership Interest, the creditor will only receive an “assignment” of the interest. The creditor can take away your membership interest, but will not be able to vote in the absence of the unanimous approval of all the other Members.
    • An LLC can require Members to make additional contributions of capital. So if a creditor takes away your Membership Interest, the LLC may require the Creditor to make additional contributions to the LLC. If the Creditor refuses, he may lose his interest in the LLC.
    • If the LLC shows a profit, it is not necessary for the profit to be distributed to the Members but can be retained by the LLC. However, the Members will be taxed on this profit even though they did not receive it. So if a Creditor takes your Membership Interest, the LLC can operate at a profit, and may be able to force the Creditor to pay taxes on profits which the Creditor never received.

    A creditor who attempts to take your shares in the LLC will only get an assignment of non-voting shares. The remaining shares will be held by the other members who may be friends, family, or even specially designed trust that will protect your interests. These other Members will be able to vote on who becomes Manager of the LLC, not the creditor that took an assignment of interest.

    The other members may choose to appoint you or another friendly person to be the Manager of the LLC. As Manager of the LLC you will be able to decide whether or not you and other employees get a salary, whether or not assets are sold, whether or not profits are distributed, whether or not there is a need for additional contributions from the Members, etc.

    In essence, a Creditor who takes your shares in a cleverly designed LLC will not be able to vote or control the company, will not be able to force distribution of assets or profits, may have to pay taxes on income earned by the company even though it never received the profits, and will be vulnerable to demands for additional capital.

    As you can see this would be a very unpleasant situation to be in if you were a creditor, but a very good situation to be in if you are trying to protect your assets. Few creditors will want your membership interest in the LLC when they realize what a hornets nest they are getting themselves into.

    I have designed a specific system to be able to take advantage of these attributes of an LLC. I call it The Personal Preservation Fortress®. Check it out if you would like to get more information on how to effectively and affordably protect your assets.