Pro Asset Protection

Attorney Ike Devji

  • Articles
  • Contact
  • Facts and FAQ’s
  • Asset Protection Attorney Ike Devji – Bio
  • Home
  • Off the Record
  • Reputation and Recognition

MOST COMMON ABUSIVE TAX SCHEMES – WHAT THE IRS SAYS

September 12, 2009 by Ike Devji, Asset Protection Attorney Leave a Comment

I continually warn clients and advisors that there are good and bad methods, tools and practitioners in every business including Asset Protection. The worst plans I see combine abusive tax plans with supposed Asset Protection benefits. These plans typically involve IBCs, Nevada Trusts, and Domestic Asset Protection Trusts in some combination. Generally speaking these are the WORST tools to use for a variety of reasons. We use offshore tools effectively and legally everyday for Asset Protection and other issues. The tools we use are explicitly TAX NEUTRAL because we don’t want our clients relying on these tools for protection and estate preservation and fighting the IRS at the same time, a common fatal flaw that is spawned by greed and promises of tax savings that top professionals will never make. Below is what the IRS has to say in their own words.

Yours, Ike

Tax evasion using foreign jurisdictions is accomplished using many different methods. Some can be as simple as taking unreported cash receipts and personally traveling to a tax haven country and depositing the cash into a bank account. Others are more elaborate involving numerous domestic and foreign trusts, partnerships, nominees, etc. The following schemes are not all-inclusive, but just a sample of abusive tax schemes.

Abusive Foreign Trust Schemes: The foreign trust schemes usually start off as a series of domestic trusts layered upon one another. This set up is used to give the appearance that the taxpayer has turned his/her business and assets over to a trust and is no longer in control of the business or its assets. Once transferred to the domestic trust, the income and expenses are passed to one or more foreign trusts, typically in tax haven countries.

As an example, a taxpayer’s business is split into two trusts. One trust would be the business trust that is in charge of the daily operations. The other trust is an equipment trust formed to hold the business’s equipment that is leased back to the business trust at inflated rates to nullify any income reported on the business trust tax return (Form 1041). Next the income from the equipment trust is distributed to foreign trust-one, again, which nullifies any tax due on the equipment trust tax return. Foreign trust-one then distributes all or most of its income to foreign trust-two. Since all of foreign trust-two’s income is foreign based there is no filing requirement.

Once the assets are in foreign trust-two, a bank account is opened either under the trust name or an International Business Corporation (IBC). The trust documentation and business records of this scheme all make it appear that the taxpayer is no longer in control of his/her business or its assets. The reality is that nothing ever changed. The taxpayer still exercises full control over his/her business and assets. There can be many different variations to the scheme.

International Business Corporations (IBC): The taxpayer establishes an IBC with the exact name as that of his/her business. The IBC also has a bank account in the foreign country. As the taxpayer receives checks from customers, he sends them to the bank in the foreign country. The foreign bank then uses its correspondent account in to process the checks so that it never would appear to the customer, upon reviewing the canceled check that the payment was sent offshore. Once the checks clear, the taxpayer’s IBC account is credited for the check payments. Here the taxpayer has, again, transferred the unreported income offshore to a tax haven jurisdiction.

False Billing Schemes: A taxpayer sets up an International Business Corporation (IBC) in a tax haven country with a nominee as the owner (usually the promoter). A bank account is then opened under the IBC. On the bank’s records the taxpayer would be listed as a signatory on the account. The promoter then issues invoices to the taxpayer’s business for goods allegedly purchased by the taxpayer. The taxpayer then sends payment to the IBC that gets deposited into the joint account held by the IBC and taxpayer. The taxpayer takes a business deduction for the payment to the IBC thereby reducing his/her taxable income and has safely placed the unreported income into the foreign bank account.

Original Link:http://www.irs.gov/compliance/enforcement/article/0,,id=105822,00.html

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on Tumblr (Opens in new window)

Filed Under: abusive tax schemes, Asset Protection, asset protection trusts, cpa, IBC, Ike Devji, IRS, offshore, physicians, professional athletes, taxes

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

See Ike’s Work In Action

· Ike Devji on Acrimoney.com
· Ike Devji on CFO ADVISORS
· Ike Devji on Infosec Island
· Ike Devji on Risk and Threat Management

Money Matters Interview

Recent Posts

  • The Business Roundtable Podcast: Asset Protection
  • The Risks of Doing Business With Family Members
  • Campaign Contributions: What Business Owners Need to Know
  • Recession Asset Protection – Is My Bank Safe?
  • Asset Protection for Pain Management Doctors and Anesthesiologists

Categories

  • 2012 Economy (3)
  • 2013 Economy (3)
  • 2020 Recession (1)
  • 529 and College Savings Plans (1)
  • abusive tax schemes (13)
  • APT (3)
  • Arizona (19)
  • arizona anti-deficiency statutes (5)
  • Arizona Asset Protection (33)
  • arizona bankruptcy (4)
  • arizona economy (13)
  • Arizona Estate Planning (11)
  • arizona forclosure (8)
  • arizona real esate (12)
  • Asset Protection (174)
  • Asset Protection Education (16)
  • Asset Protection for Doctors (36)
  • Asset Protection for Your Home (7)
  • Asset Protection Fraud and Failures (22)
  • asset protection law (25)
  • asset protection strategies (42)
  • asset protection trusts (33)
  • Baby Boomers (5)
  • Banking and Bank Solvency (5)
  • Bankruptcy (8)
  • Best Money Market rates (1)
  • brokers (1)
  • Business Asset Protection (3)
  • business law (3)
  • business legal planning (72)
  • business owner and entrepreneur (15)
  • Business Owners (28)
  • business survival (48)
  • business valuation (6)
  • buy sell agreement (5)
  • captive insurance company (8)
  • Cars and Automobile Liability (4)
  • Cash Alernatives (2)
  • CEO (27)
  • children (8)
  • chiropractors (35)
  • CIO (1)
  • closely held business (30)
  • commercial real estate (8)
  • Coronavirus (2)
  • cpa (20)
  • creditor negotiation (4)
  • creditor protected cash alternatives (5)
  • Crisis Management Planning (7)
  • CTO (1)
  • DAPT (3)
  • debt (4)
  • deficiency judgment (2)
  • defined benefit plans (2)
  • dentists (57)
  • Director and Officer Liability (10)
  • disability insurance (2)
  • Divorce (5)
  • doctor sued (44)
  • Doctors (54)
  • Domestic Asset Protection Trusts (2)
  • Due Dilligence (11)
  • economy (9)
  • employee social media usage (3)
  • Employment law (25)
  • Entrepreneurs (5)
  • equity (1)
  • ESTATE MANAGEMENT (2)
  • estate planning (29)
  • estate tax (12)
  • estate taxes (3)
  • Expatriation (1)
  • face book (3)
  • family business (19)
  • Family Legal Planning (7)
  • family liability (11)
  • family limited partnership (4)
  • Family Office (8)
  • FAMILY OFFICE ISSUES (6)
  • FDIC Insurance Limits (2)
  • finacial advisors (7)
  • Finance (12)
  • financial advisors (23)
  • FINANCIAL ISSUES FOR DOCTORS (47)
  • financial literacy (56)
  • financing (6)
  • firearms (5)
  • forclosure (2)
  • foreclosure (3)
  • foreign bank accounts (7)
  • fraud (18)
  • fraudulent conveyance (3)
  • funding (3)
  • Geri Custer (1)
  • gifting (1)
  • Gifting – Wealth Transfer (4)
  • Greg George (5)
  • GTI ADVISORS (5)
  • Gun trusts (1)
  • guns (7)
  • HEALTH CARE LAW (6)
  • high net worth (17)
  • HIPPA violations (1)
  • homeowner's liability (13)
  • HR (3)
  • IAPT (2)
  • id theft (4)
  • Ike Devji (100)
  • Ike Devji – Asset Protection Expert (5)
  • ILIT (2)
  • information security (5)
  • intangible assets (3)
  • intellectual property (1)
  • investing (12)
  • investment exposure (14)
  • IRA creditor protection (1)
  • IRA Trusts (1)
  • Irrevocable Life Insurance Trust (3)
  • IRS (7)
  • Jeff Christenson (4)
  • Jumbo CD Rates (1)
  • kids (6)
  • lawsuit awards (23)
  • lawyers (8)
  • Leadership & Management (12)
  • leading wealth and legal advisors (2)
  • legal documents and records (3)
  • Legal Strategies (19)
  • liability (46)
  • liability insurance (35)
  • Life Insurance (13)
  • life Insurance conversions (1)
  • LIFE INSURANCE CREDITOR PROTECTION (2)
  • Life Insurnace Conversions (2)
  • Limited Liability Companies (2)
  • Limited Partnerships and FLPs (1)
  • linkedIn (1)
  • LLC Asset Protection (3)
  • LLC Myths (2)
  • Loan default (4)
  • Lotzer Law Group (1)
  • malpractice (14)
  • malpractice insurance (2)
  • marketing and reputataion management (2)
  • Marriage and Family (2)
  • Medical Marijuana (1)
  • Medical Practice Management (23)
  • medical practice mangement (31)
  • Medical Practice Risk Management (14)
  • mexican real estate (1)
  • Mortgage (1)
  • Municipal Bonds (2)
  • Nevada (1)
  • offshore (16)
  • offshore banking (9)
  • offshore trusts (13)
  • parenting (7)
  • partnerships (2)
  • personal finance (2)
  • personal injury (8)
  • personal security (9)
  • physicians (41)
  • physicians personal finance (3)
  • privacy and identity (2)
  • professional athletes (27)
  • professional entertainers (17)
  • property insurance (7)
  • rachel weiss (5)
  • Raisng Capital and Funding Your Business (1)
  • real estate investing (14)
  • recession (12)
  • recession lawsuits (13)
  • recession survival (32)
  • Reputation and Recognition (1)
  • reputation management (1)
  • Retirement Plan Creditor Protection (2)
  • retirement plan funding (2)
  • Richard Arnold (1)
  • risk management (11)
  • scams (13)
  • Scottsdale (1)
  • Sean Shepherd (3)
  • SEC (1)
  • secret bank accounts (6)
  • SECURITY (5)
  • shelf corporations (1)
  • small business (3)
  • social media (5)
  • start-ups (7)
  • startup (5)
  • Strategic Default (4)
  • Succession and Transition Planning (5)
  • Surgeons and Surgical Centers (5)
  • tax deductions (19)
  • tax fraud (7)
  • taxation (17)
  • taxes (23)
  • THE VAULT (2)
  • Trisha Lotzer (1)
  • trusts (4)
  • twitter (1)
  • Uncategorized (52)
  • up front fees (1)
  • Urgent Care Centers (1)
  • vacant real estate liability (4)
  • venture capital (6)
  • wealth transfer (5)
  • Wealth Transfer Strategies (13)
  • women & money (8)
  • Workplace Violence (2)
  • worth magazine (4)

Copyright © 2021 · Dynamik-Gen on Genesis Framework · WordPress · Log in