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Why Bother with a Trust or Foundation? Minimize
 
The            Sovereign Society Offshore A-Letter
 

Tuesday, December 12, 2006
Vol. 8 No. 246
In Today's Letter:
Comment: Why Bother with a Trust or Foundation?
Offshore: The Caymans Are Still Hot
Wealth: Giving Away Cash in Taiwan
Why Set Up an Offshore Trust or Foundation?

Today's comment is by Erika Nolan, Founding Publisher and Executive Director for The Sovereign Society.

Dear A-Letter Reader,

"Offshore legal entities."

These three words sound like something from a dreaded college law class. But before you nod off at the sound of legalese, give me just a second to tell you why these offshore structures are actually more exciting than their names suggest.

For starters, offshore legal entities, (which are really nothing more than a trust or foundation), can act as extremely effective asset protection tools. House your assets in a trust or foundation and you're free from lawyers, creditors, and other greedy individuals who might want to steal your savings.

Unfortunately, offshore trusts or foundations do NOT help you save on taxes. There's a nasty rumor floating out there in cyberspace, that you can "disconnect" yourself from the U.S. tax system with an offshore trust. Let me tell you right now - you can't.

And truthfully, that's not the point of an offshore trust or foundation. The benefits of each go far beyond mere tax-savings.

The Trust: An Ancient Method With a Modern Twist

Individuals just like you have been doing this for thousands of years. It all started in ancient times when soldiers would leave their family's inheritance with a trusted friend when they'd leave for war. This was their "just in case" fund for their family. At the time, this was the only way a soldier could protect his family if he didn't return.

And this ancient wealth vehicle still works today. You can still protect your children and your spouse with a trust after you're gone. This is why many individuals use their trusts for estate planning.

When you set up a trust you hand over your assets to a trustee, who then holds them in trust for your beneficiaries. By giving your assets away, you're giving them the ultimate protection. 

For example, say you create a trust by giving US$250,000 to a trustee, for your three daughters. Your three daughters would be the trust's beneficiaries and you would be the trust's grantor. And your trustee, according to your wishes, would invest the trust's assets on behalf of your daughters. Once you set up the trust, your assets legally aren't yours anymore. 

For an extra layer of protection, you may want to choose an offshore asset protection trust. This involves setting up your trust in your offshore asset haven of choice, so your assets are far away from creditors and lawyers.

And an offshore asset protection trust doesn't have to be for just cash. You could hold stocks, funds, collectables etc, offshore in your trust's name.

The Foundation: Keeping Wealth in the Family

A foundation is the secretive, offshore legal entity that most Americans never hear about.  It's an independent fund that you set up specifically for your family. Unlike other legal entities, a foundation has no shareholders, owners, or members, just beneficiaries.

You can NOT set up a foundation in either U.S. or Canada. Only a handful of countries offer this unique asset protection tool, including Liechtenstein, Panama, St. Kitts & Nevis, and The Bahamas.

And best of all, unlike a trust - you actually get to manage your own legal entity's assets if you set up a foundation. Once you set up a foundation for the benefit of your heirs, you actually have a say on your foundation's investments. You don't have to consult a trustee, because you still have creative control.

That means if you have the income to invest in a foundation, it can be more effective than a trust. However, you can ONLY set a foundation for family members. So if you want to leave your fortune to your best friend from childhood, you should consider a trust instead.

While you're choosing the best one for you, make sure to hire an attorney or other offshore professional who can decipher the real legalese for you.

In Wealth & Prosperity,

ERIKA NOLAN, Executive Director
The Sovereign Society

P.S. Think a trust or foundation may be right for you? Our experts explained how to set up both at our Offshore Advantage Seminar last month. And now you can listen in to all their trust and foundation ideas with our Offshore Advantage Seminar Audio Recordings. You can download your copy of the audio as soon as you order. So you could be listening to the entire Seminar tonight! Click here for more information.

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Offshore

Cayman Islands Is Still a Leading Tax Haven

GEORGETOWN, C.I. - In spite of all the bad press about Enron and Parmalat using the Cayman Islands for their shady business deals, the island tax haven continues to expand. New financial institutions setting up shop in the Islands thriving offshore sector rose 7% last year, according to CI financial regulators.

There were 570 banks and trusts in the Caymans. And most of the world's top banks had branches in the British dependency, according to a Cayman Islands Monetary Authority report for 2005 fiscal year. Licenses for offshore business rose 7%, to 709 from 663 and mutual funds increased to 6,527 in 2005 from 5,399 in 2004.The insurance and mutual fund sectors had the most growth. International assets held through banks in the Cayman Islands stood at US$1.26 billion (€952 million).

Lenient regulation and strict confidentiality laws make the Cayman Islands one of the world's largest banking centers. Under pressure from London and the U.S. the territory has strengthened its anti-money laundering and financial laws, since it was blacklisted by the OECD in 2000.

BOB BAUMAN, Editor

Wealth/Investments

The Taiwanese Cash Giveaway

Taiwan continues to impress global investors in late 2006.

Taiwan, which has lagged other Asian markets this decade, is by far the cheapest bourse in the region. The Taipei Weighted Index yields about 3.9%, the richest dividend yield in Asia. Plus, stocks, unlike other regional markets, remain about 36% off their all-time high back in 1990.

About four weeks ago, I plugged a Taiwanese country fund in The Sovereign Individual, The Sovereign Society's members-only newsletter. That recommendation is now happily up 11% in just four weeks.  

Cash dividends and share buybacks are a good thing. Though I prefer companies that reinvest retained earnings into new ventures leading to greater revenues, many companies since 2002 have increased their dividends and boosted cash distributions. That's especially the case in the United States. Outside of the U.S., however, Taiwan is one of the leading markets increasing share buybacks and dividends in 2006. That usually drives stock prices higher.

Taiwanese companies used to focus more on income statements, but they're starting to focus on managing their balance sheets more efficiently. That means paying shareholders cash dividends or buying back stock -- or even both. In my book, it's far more useful than letting cash accumulate with no definitive purpose.

Increasingly, I'm very drawn to Taiwan for 2007. Compared to Mainland China and Hong Kong, Taiwanese stocks have barely budged over the last few years. In China, stocks just hit a record high last week, up over 85% in 2006. The same goes for Hong Kong. I plugged China in August 2005, just as the bear-market was ending. We've done extremely well in China/Hong Kong. But at this point, I'm not buying any more positions. Instead, I'd concentrate on Taiwan for 2007 as the best regional play along with Japanese smaller companies.

ERIC ROSEMAN, Investment Director

P.S. Look for my best offshore and domestic Japanese small-cap plays in the special edition "Forecast" issue of The Sovereign Individual in January. Don't receive The Sovereign Individual? Order the next 12 issues for our lowest price ever. Sign up here for a risk-free trial.

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