Archive for February, 2010

A Guide To Land Banking

Sunday, February 28th, 2010

Land banking is a relatively new investment concept that allows smaller investors to own a piece of valuable land.

How does land banking work?

When large parcels of land are put up for sale, they are usually far too expensive for a single small investor. Land thats in a good place for residential or business development is usually either bought by a land investment company or by a property developer. The owner then banks or holds onto the land until they are ready to sell it or develop it. During this time, they can parcel the land up into smaller, much more affordable section and sell these sections to private investors. Each investor holds the freehold to their land, and can sell at any time, although the best profits are usually realised when planning permission is granted for the site.

How much does it cost?

The cost of the land to small investors will depend upon the type of land, the potential for development and the size of the land. For as little as 5,000, investors can buy a good-sized piece of land in a prestigious location. You can, of course, choose to spend much more, and the land parcels are often graduated in size to accommodate a range of investors.

Is it complicated to buy?

Land is easier to buy than property. It is still a legal contract, though, so its worth getting it checked by your solicitor. The straightforward nature of the purchase means that it can often be completed within 28 days.

Can I sell it?

In most, if not all cases, when you buy the land, you also acquire the freehold. This means that you can sell the land on at any time. Most people hold on to their property for between 2-8 years, to realise profits from the development of the site, but you can sell whenever you want or need to.

Where do I start?

If youre interested in land investment, then talk to a land agent. They will have a variety of sites on their books and have the experience and expertise to guide and advise you throughout the process.

Will Your Asset Protection Strategy Survive The Final Judgment?

Thursday, February 25th, 2010

Did you know that… we live in a lawsuit-crazy society? I’ll bet you do know that. And I bet you also know that court judgments are getting more and more outrageous all the time. Unless you have some sort of asset protection strategy already set up, whatever assets you have built up can be wiped out from a lawsuit that does not go your way.

Asset protection is a means for protecting your valuables from future lawsuits and creditor collection attempts. While many people are looking for a solid way to do this, there are many ways where the asset protection options that they try are not going to work.

But, there are asset protection strategies that really do work. What you want to do is to search out the right ones and use them effectively. Asset protection, or more precisely having an asset protection strategy, is something that many more people should take advantage of. What I plan to do in this article is to help you not take the wrong path n your asset protection strategy.

The first thing to do is to have your asset protection strategy in place before you get involved in a lawsuit. I know, how do you know if and/or when you are going to be involved in a lawsuit? You don’t. But,you don’t want to wait until you are being sued.

If you are involved in a lawsuit and a judgment is placed against you, don’t try to “sell” everything to your spouse or cousin or business partner for something like $1. If you start to arrange your assets to avoid them being taken after the fact of a court judgment, then that is like “closing the barn door after the horses have escaped”. It is too late. That would be deemed illegal and is known as a “fraudulent transfer”.

The court will recognize the transfer for what it is, an asset protection trick to try to keep your assets out of the hands of your creditors. The “sale” would be reversed by the court and the assets would have to be given to the creditor anyway.

By the way, there are also other things to be wary of when involving a spouse, another family member or relative or even a business associate in an asset protection scheme.

If it is found that your scheme was in violation of the Fraudulent Transfer Act then you could not only lose the assets that you were trying to protect, but there is the additional money the you would lose in court costs, attorney fees and the costs involved in collecting the debt. Also, your “accomplice” could have a judgment entered against him or her.

Another thing to keep in mind is that if you involve another person in your asset protection strategy by “selling” them your assets for a few dollars, the assets would legally belong to the other person and they would be able to do what they want with those assets.

It has occurred only too often that the new recipient of the assets has turned around and handled the assets in a manner that benefits them, leaving the original owner with nothing. Even though you trust somebody today, you never know what will happen in the future. So, in this case we can say, “Let the seller beware!”

One more point about “getting rid” of your assets through sale to your spouse: In the United States, if you live in a “community property” state then everything that is owned by you during the time of the marriage is also owned by your spouse and vice-versa.

So, transferring ownership to a spouse in a “community property” state does not help your asset protection strategy and does not protect you from creditors. The current community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

One asset protection strategy that does work and has been known to work very well is offshore asset protection trust or APT.

Here the assets are protected from lawsuits because they are in oversea territories and therefore untouchable in most cases. Of course, it is important to take note of applicable fraudulent transfer rules as well. As in most asset protection strategies, timing is very important.

Another asset protection strategy that has been shown to be very successful is offshore incorporation and offshore bank accounts. There are many benefits for incorporating offshore. Legally limiting the amount of taxes you pay on your income, and protecting your business against lawsuits are just a few of the ways an offshore corporation or IBC can benefit your asset protection efforts.

Forming an offshore corporation need not be any more expensive or time consuming than forming a corporation within your own country. Be sure to use a legitimate and established firm when setting up your IBC. Make sure your asset protection needs are being handled in the way you want and that you get answers to all your questions.

Keeping with the asset protection theme of protecting your wealth from lawsuits, the offshore bank account will also help address this issue. Most companies that offer offshore incorporation will also help you set up an offshore bank account.

It would be a good idea to keep the account in non-US funds. The accounts are usually offered with an international debit card, so you can access your funds from an ATM wherever you have access to one.

In conclusion… Laws are different from country to country, and from state to state. You need to get professional advice from a competent financial advisor as the first move.

Do not wait until you are already in financial trouble because then it would be too late. If you transfer assets in order to put them out of reach of your creditors at that time, it may be seen as fraudulent and illegal. You need to have an asset protection strategy in place before you are sued, and before anyone tries to take your assets away.

It is never too early to get a plan in place. Just remember the old expression, “If you fail to plan, you plan to fail.” Do it NOW!

Using Asset Protection

Saturday, February 20th, 2010

Asset protection is a means for protecting your valuables from future lawsuits and creditor collection attempts. While many people are looking for a solid way to do this, there are many ways in which they can stumble down this wrong mistakenly. For many, the options that are presented to them are not, by any means, going to work. But, there are asset protection opportunities out there that really do work. The goal is to search out the right ones and make proper use of them. Asset protection is something that many should take advantage of no matter what.

Asset protection can be done in different ways. One such way is through Family Limited Partnerships and Trusts. These are effective ways of protecting assets. But, the problem arises when many assets are taken out. Then you can be back to where you started with judgment creditors reaching them nonetheless. In other words, your assets are still exposed and can be, therefore, attacked by the lawyers against you.

One of the largest mistakes that people make when it comes to asset protection is believing that putting assets in their spouses name or the names of their children can help them to protect them more so. This, by all means, does not work. This type of asset protection is worthless as sweeps will happen and this information can be easily found.

One type of asset protection that does work and works well is offshore asset protection trust or APT. In this case, the assets are protected from lawsuits because they are in oversea territories and therefore untouchable in most cases. Of course, it is important to take note of applicable fraudulent transfer rules as well.

Asset protection is offered by many companies. If you are looking for an option that fits your needs the best, make sure that you take the time to sort out the way in which it works and finding the right location for your assets. Asset protection is a fundamentally important aspect that deserves careful protection.

Offshore Banking: New Strategies for a New Century

Friday, February 19th, 2010

The primary objective of any type of offshore banking strategy is to provide the investor with asset protection and financial privacy. Over the years, offshore banking has had many names and has been referred to as an “underground economy” privy only to unsavory types seeking to exploit loop holes in worldwide banking systems. In reality, offshore investing is your first step to securing your financial well being. No longer reserved for the super rich, you can establish overseas accounts with as little as $1000 dollars U.S.
With this availability of offshore banking to almost anyone, there are as many reasons one would participate in this type of asset allocation. One of the major opportunities that have presented itself in the early part of the century is foreign real estate ownership as an offshore banking strategy. With the flow of cheap dollars and an overheated real estate market in the United States, many have sought the relatively easy on the pocket prices and stable political climates of countries such as Spain, Poland, and Hungary.
Another offshore banking strategy that has always been popular is tax minimization. Can you think of anyone who thinks they pay too little taxes? As one might imagine, this is the primary reason investors seek offshore opportunities but come to find some real value in looking abroad.
While offshore banking still remains a confusing term for many as it is usually associated with rich people hiding their money in foreign countries, offshore banking is legal and is perhaps the most effective way to protect ones assets.
Offshore banking is an increasingly attractive alternative to the sometimes heavily regulated financial markets of ones home country and has become reality for many ordinary people. Due to its growing popularity, offshore banking is one of the most rapidly growing industries and can be obtained in the Caribbean, Latin America, Asia-Pacific Region and Europe.
Global Access – Offshore banking is structured to provide global access and transference of funds to any location you choose but take some time a do your due diligence as the wrong decision can be costly. You can learn more about offshore accounts by visiting offshorebankingreview.com, and request a copy of the 10 things you should know before you open an offshore account.

The Flip-Flop Asset Allocation Method

Thursday, February 11th, 2010

Do you put all of your money into some safe CDs to earn interest, or buy a biotech index fund to grab the next big move in genomic cancer drugs; or something in between? The world of investment options and strategies grows every year, so Ill provide a simple tactic to boost your returns over the course of your investing career.

The flip-flop method refers to taking the income from an income-producing investment and flipping that profit into a speculative investment. Then, take the profit from that speculative investment and flop the profit back into another income-producing investment. By doing this back and forth you are capturing both ends of the investment spectrum to increase your portfolio in a quicker and safer manner than either one individually.

Always start with a relatively safe income investment first. This way, if your first speculative investment is a 100% loss, youll still have the income from your income-producing investment to recover and try again. And, youll hopefully have the added education that you will have learned from the speculative loss. (Starting with a solid income-generating base can also give you the confidence to reach for a more speculative trade.) Once you are able to complete a speculative profit, put the money into a brand-new income-producing investment. This way, each speculative gain will diversify your portfolio into a wider range of income-producing investments.

Once that you have created a stable base of investment income, you should start ratcheting up the interest rate that you are willing to accept for new income investments. For example, you may have started out with a 3-year bank certificate of deposit but now you need to get a higher yield, perhaps by buying an income-generating mutual fund. There are funds of preferred stocks, loan portfolios, and exchange-traded real estate investment trusts. Moving even higher in yield may require some online searching to find people trying to sell their second mortgages, annuities, pension payments, etc. There are websites where people list financial assets like these for sale. If you arent comfortable with your level of expertise for buying mortgages yet, you can start with only $100 with loan-broker websites such as prosper.com.

So youve got some income flowing and are itching to find a speculative deal to step up your investing level. Lets start as small as possible: How about buying things at garage sales and selling them for more money on ebay? I found an ad for several hundred dollars of new printer cartridges for sale in a local classified ad. They were worth much more by selling them on ebay, even after shipping costs. I recommend you focus on your greatest interest (music, motorcycles, watches, or whatever) and find a market where to buy at low prices. And then add some value (refinish, update, add a bonus), and find a market to sell to the most frenzied fans. Bigger chunks of money are made on more expensive items, but you carry more risk if you dont keep up to date with the market. Such as cars, boats, planes, homes, jewelry objects that have a consistent and measurable marketplace to buy and sell them. For speculation with financial instruments, you need to go to the futures market to get the largest moves, and the most leverage. To keep from losing your home at the first Locked-Limit move against your position, options must be a part of each of your trades: either buy options alone, hedge a futures contract with an option, or use an option spread. When youve accrued bigger dollars to play with, you can speculate with land, commercial buildings, and businesses.

In spite of the specific examples that I have provided, you need to find areas that interest you the most for investment vehicles for both income-producing investments and purely speculative deals. Remember to always start with an income-investment first, and then start flipping and flopping your profits between the income-investments and the speculative-investments. This type of asset allocation rebalancing will certainly add greater returns to your portfolio.

‘Help The Court Has Seized My Assets’ – Garnishment In

Saturday, February 6th, 2010

‘Help The Court Has Seized My Assets’ – Garnishment In Law And Practice

A court order that seizes assets from the defendant to pay off a debt is known as Garnishment. One form of garnishment is automatic withholding of the debtors wages. When a creditor fails to satisfy the debt taken, the court can issue a garnishment against him. When the creditor petitions the court to send a portion of its pay to satisfy the debt then this step is taken.

The garnishment law differs from state to state and varies in details also. Generally, the TVA is required to take over 25% of an employees disposable earnings or assets, thereafter sending that amount to court. The pay of an employee can be under garnishment until the complete of the debt has been collected.

This situation arises when we fail to pay taxes, skip out on child support or overlook some bills. Under these circumstances the state government or the creditor can seize our wages as well. This process is known as Wage garnishment. Most garnishment requires court orders and employers are supposed to notify the creditor before any step is taken. But garnishment is the last option for which a government goes for. It is taken up only after all other options have exhausted.

One should never ignore IRS because due to ignorance there are chances of increase in garnishment, as they know our work place, living place and even the bank account. The loans or the help provided by the government are of many types such as student loan for education, business loan, child support, and etc. To collect the loans back, IRS is not alone but the state government, private creditors, or even an ex-spouse demanding the alimony can also demand garnishment of our pay. To claim the garnishment, only different branches of the government do not need to take court orders, other than every other agency needs to obtain a court order to claim the garnishment.

Losing the income is not easy but there are some limits for garnishment. Title III of the Consumer Credit Protection Act caps the amount of wages that can be taken from an employee. In this manner, the person is also left with some part of the income as well as the creditor is also paid up. This also prevents the creditor to speed up the debt recovery procedure and harass the debtor.

The level of garnishment is based on the disposable earnings of the employee. This amount comes after deducting the legal deductions of federal state and local taxes, social security, unemployment, insurance and state employee retirement system. Things that do not come in the head of voluntary deductions are union dues, health and life insurance, charity, purchase of savings bonds and payment for payroll advance. After taking all the preventative measures, the disposable income amount is calculated the maximum amount that can be garnished in any pay period should not exceed more than 25% of the employees disposable earning.

The garnishment law allows up to 50% of the employees disposable income to be garnished, if he supports the wife and a child. The restrictions on garnishment do not apply in case of court orders of bankruptcy and outstanding debts of federal or state taxes. When the federal law differs from the state wage garnishment law, the smaller garnishment amount must be followed.

Care should be taken to stay from the evil of garnishment. In some cases this situation occurs when a letter is received form the IRS department 20 days before the garnishment date. That time if the person goes to the IRS and explains the problem and repayment schedule or apologize and seeks more time for repayment then the problem at hand can be solved. If the creditor also has a problem he also needs to go to the court and seek an order for garnishment. Thus if the reason explained by the debtor is genuine then the department chalks out a repayment plan. But if the second chance of the repayment is also defaulted then further garnishment proceedings and called for.

Financial Plans: What Are Americans Banking On?

Tuesday, February 2nd, 2010

Americans tend to have an optimistic view of retirement-but a recent poll found many people still have a lot of work ahead of them before they can leave their jobs.

For instance, 47 percent of respondents said their retirement savings will last them 10 to 20 years. Those numbers seem promising until you consider that people should be actually planning for 30 years. Similarly, nearly half of all Generation X respondents said they expect to rely on pensions to help fund retirement. The plan may seem sound, but experts warn that many pension plans in the U.S. are at risk of going belly up. Plus, fewer than a third of all companies now offer pension plans.

The poll was sponsored by the American Institute of Certified Public Accountants (AICPA) in an effort to better understand the American public’s approach to savings and retirement. The group sponsors a Web site called 360 Degrees of Financial Literacy (www.360financialliteracy.org) to help people come to terms with financial issues at different life stages. Here’s a look at some additional polling results:

Paying For Retirement

Younger Americans do not plan to rely as heavily on Social Security for retirement as do older Americans. Close to six in 10 people age 55 and older plan to fund their retirement through Social Security. Only four in 10 (41 percent) of Americans under the age of 55 are counting on Social Security to fund their retirement. Instead of relying on Social Security, those under 55 are more likely to rely on their personal savings and investments.

College Costs

About three in 10 Americans have a child who is planning on going to college in the next five to 10 years. One quarter of these parents plan to pay for their child’s education with personal savings, another quarter intend for their child to earn scholarships to pay for tuition. Surprisingly, only 13 percent of respondents plan to use private student loans and just 12 percent plan to fund their child’s education with financial aid.

Financial Concerns

Rising energy and home-heating costs and uninsured medical expenses rank as the highest financial concerns for Americans (15 percent each). Retirement and the price of gas (13 percent each) follow closely behind. Education costs are also a concern as 9 percent of respondents worried about their child’s college education and 7 percent worried about their own college education.

Forty-one percent of Americans under age 55 say they plan to rely heavily on Social Security for retirement.