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Specialized Trust Strategy - FAQ's

Frequently Asked Questions

Due Diligence - Why STS?

Why do I need asset privacy?

We live in an age in which anyone can hire an asset investigator, who, in a few hours and for a few hundred dollars, can find out practically anything about a person's life, including, but not limited to, marital status, income, bank accounts, investment accounts, credit card information, real property they own, vehicles they own, unlisted telephone numbers, and much more.

Why do I need asset protection?

Everyday, in court rooms all across our nation, innocent, hardworking Americans, just like you, are losing everything they own.

What is a specialized trust?

The specialized trust is created as a private contractual agreement to hold assets for the benefit of the beneficiaries.

Why is a pure trust created as a private contract?

A powerful right that is available to every American and Canadian is the right to create a lawful private contract with any competent individual of legal age. This right to contract is protected by Article 1 Section 10 of the Constitution of the United States, the 4th Amendment to the Constitution, and case law.

Everything contained within a privately created contract, including the Contract and Trust Indenture of a Pure Trust, is private, and protected from creditors, government agencies, and even the Internal Revenue Service. This is contrary to any statutory entity (trust, corporation, Limited Liability Company, partnership, etc.) whose books and records are basically subject to seizure and review at any time.

Is a pure trust different than a living trust?

A Living Trust provides only one benefit, it avoids probate. It provides no asset privacy and no asset protection. A Pure Trust avoids probate and provides total asset privacy and impenetrable asset protection.

Why must I give up ownership of my assets?

The key to our system is giving up ownership but retaining control. If you own nothing, nothing can be taken from you

Why must I give up ownership of my assets irrevocably?

If the Contractor retains any degree of ownership in the assets transferred to the Specialized Trust, as in the case of a revocable Living Trust, regardless of how minimal the degree of ownership might be, the assets could be taken from them.

How do I give up ownership of my assets?

The Contractor agrees to give up ownership of their assets to the Creator of the Specialized Trust, in exchange for Trust Certificates. The Certificate Holders are the beneficiaries of the Trust.

When are my assets protected?

A Contractor's assets become tentatively protected as of the time and date the electronic application is submitted. However, when the Contractor receives the Specialized Trust Strategy documents, it is their responsibility to immediately activate and fund each Trust, which therein creates permanent protection.

How does the Contractor retain control of the assets?

The Trustees have absolute control of the Pure Trust. Consequently, it is vitally important that the Conttractor is satisfied with the individuals or entities appointed to be Trustees. Therefore, prior to signing the Trust documents, the Contractor has the right to approve or disapprove of the contents of the Trust documents, including those who have been selected as appointed Trustees.

Who controls the trust?

Trusts are controlled by trustees. The Trustees have the sole power to manage and administrate the day-to-day activities of the Trust, including the assets owned by the Trust. The Specialized Trust Strategy is designed to operate under the control and authority of the Board of Trustees.

How are the trustees selected?

By the creator and the trustees. The Creator of the Pure Trust is an independent, arm's length third party individual or entity that has sole discretion to appoint the first trustee. The Creator cannot be obligated in any way to appoint a specific person or entity as a Trustee. Once appointed, the first trustee appoints a second trustee. Next, the first and second trustees appoint a third trustee. Together the three Trustees are the Board of Trustees.

Do I still need a will?

The purpose of a will is to distribute whatever assets a person owns at the time of their death, according to their wishes. Through the use of the Specialized Trust Strategy, a person owns nothing at the time of their death. Therefore, because their assets have been distributed prior to their death, a will is unnecessary.

NOTE: It is recommended that the Investor secures a Pour-Over will to cover the possibility that they may acquire assets (inheritance, lottery) prior to their death that, for whatever reason, they had not yet transferred to the Pure Trust. The Pour-Over will automatically transfers assets to the Pure Trust that are owned by the deceased at the time of their death.

Does the trust provide tax benefits?

The trust is created solely as a privacy and protection entity. The Trust does not provide any tax benefits. However, it creates a Limited Liability Company, which does provide lawful tax benefits. Knowledgeable tax preparers understand the lawful tax benefits available to a Limited Liability Company. A Limited Liability Company provides tax benefits that are not available to an individual.

Does the IRS recognize a pure trust?

The IRS recognizes the Business Trust (Pure Trust) as a valid, legal entity (Internal Revenue Regulation 301.7701).

Is the pure trust what the IRS refers to as an abusive trust?

The IRS refers to the Pure Business Trust in an article, "Trusts Used for Abusive Purposes." Trusts, corporations, limited liability companies, and partnerships are all inert legal entities. However, some of the people who manage and control these entities may use them for abusive purposes, such as tax evasion, illegal activities, etc. The Specialized Trust Strategy is an Estate Planning tool in which its Trusts are used strictly to provide asset privacy and protection.

Does the LLC have to pay taxes?

An LLC filing as a sole proprietor is a pass-through entity. It does not have to file taxes. It passes all income through to its Member, the Trust.

Does the trust have to pay taxes?

The Pure Trust is a complex trust, meaning it can either retain income (and pay taxes on the income), or it can pass its income through to the beneficiaries (certificate holders) and have no tax obligations. However, the Trust must still file a 1041 tax form. (Canadians check with their tax advisors for the correct form).

What is your refund policy?

100% within 1 to 5 days or 50% within 6 to 14 days.

Although the Federal three (3) day "right of rescission" only applies to sales made at a place other than the place of business of the seller, an therefore does not apply to this purchase, it is the policy of NORTH AMERICA BUSINESS SERVICES LLC to provide a five (5) day, 100% refund, and an additional nine (9) day 50% refund.

This refund policy becomes effective from the date of the submittal of the application. The customer may cancel the order of the Specialized Trust Strategy by

1. Submitting written notice of cancellation to NORTH AMERICA BUSINESS SERVICES LLC, TRUSTEE, PO BOX 1006 MONTICELLO, IN 47960, USA, or

2. Submitting an email to NORTH AMERICA BUSINESS SERVICES LLC at NABS201711@gmail.com.

This notice must provide the full name of the customer, and state that they wish to cancel their order for the STS program. The notice of cancellation must be received by NORTH AMERICA BUSINESS SERVICES LLC, on or before the fourteenth day following the submittal of the order.

If the cancellation notice is received by NORTH AMERICA BUSINESS SERVICES LLC, within the a time frames herein stated, the customer will be reimbursed within two weeks. The reimbursement will either be by check, or by credit card reimbursement.

On 12:01 a.m. of the fifteenth (15th) day following the submittal of an application, ALL SALES ARE FINAL AND NON-REFUNDABLE.

Are there any costs other than the initial cost of the STS program?

As with any business, there are annual costs required to maintain a valid business entity.

The Managers of the LLC must pay a renewal fee for the Limited Liability Company to the state of Indiana. The cost is $30.00 every other year ($15.00 USD per year).

The Trustees must pay an annual Trust Services renewal fee of $385.00 USD.

In addition to the upfront cost of the STS, certain advisors may offer additional advanced set-up, administration, advisory, and other services that are not included in the purchase price of the program.

The Trustees must pay the normal expenses associated with operating a business, such as banking costs, accounting costs, attorney fees, etc.

NOTE: All costs and fees are tax deductible as normal business expenses.

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Asset Pro's Specialized Trust Strategy - FAQ's

Frequently asked questions and answers about the Specialized Trust Strategy offered by AssetPro are listed below, sorted by category.

Case Law and the Constitution

What does the US Constitution have to do with the STS and is it relevant outside the US?

Article 1 Section 10 Paragraph 1

United States Constitution

This is the key component to the protective powers of the STS. It reads as follows:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

The independent, arm's length, third party trust creator of the STS Contract Trust, is based in Indiana. As such, regardless of the country where the Contractor (the counter party to the contract) resides, the STS documents form a federal document organized under the laws the United States, and are not subject to any statutory law or under the control of any legislative body. The courts cannot change or undo the contract without violating the US Constitution. They can simply enforce the terms of the contract as entered into willingly by both parties.

Legality of the STS or Pure Trust

Q: Is the STS Legal? I heard you can go to jail if you have a Pure Trust.

A: I occasionally hear this kind of uninformed comment from people and I will summarize succinctly.

The structure of a CTO or Contract Trust Organization, or business trust, is a completely legal form of business structure that has been recognized by the courts since at least 1827, when the Rockefellers first used what became known as the Massachusetts Trust to protect their real estate empire. It has since been referred to by the courts as a Pure Contract Trust, True Trust, Business Trust, Specialized Trust, and many other names cited in numerous court cases. Click here to learn more. The supporting case law is available on our website, provided that one registers for access to the Insiders section and downloads the PDF research files, including the one titled, 3. A Comprehensive Validation of the Pure Business Trust. In that file, you will see 16 pages of legal precedent backing all aspects of the Specialized Trust Strategy.

As for someone going to jail over a trust program, whatever the format, that ONLY occurs if someone abuses whatever structure is being used and fails to report taxes accordingly and/or when required. Upon investigation of such purported cases, one discovers that tax evasion is always the reason someone might go to jail, and that is an exceedingly rare occurrence since “intent to evade” is the prerequisite and is nearly impossible to prove. Unless of course, you are Wesley Snipes, whose advisors deliberately structured a trust program in order to evade taxes (The internet critics state that it was a pure contract trust when it was actually a statutory program they called a pure trust, but wasn’t). Of course, Mr. Snipes signed off on the tax returns or did not file at all, and thus went to jail for deliberate tax evasion.

In fact, NO EVER has gone to jail for simply using a pure contract trust, statutory trust, or any other form of legally recognized entity, unless it was for such things as tax evasion. That’s like saying you will go to jail for having a business just because many business owners go to jail for tax evasion. So do many individuals go to jail for tax evasion, but not because they are individuals. Perhaps if someone with blue hair goes to jail for evading taxes, then all people with blue hair better be wary of the CRA or the IRS. Do you see the point?

It all comes down to how a legal construct is used. If it is abused, then the entity is not the problem, but the individual is. Guns don’t kill people; people kill people.

I have met with two $500/hr statutory tax attorneys in Calgary who have reviewed and understood this exact program that we present here. You will not find one lawyer who will tell you the STS program is illegal, because it is not. It is a simple contractual business organization that has trustees to oversee it.

Remember, ignorance of the law is no excuse!

Trust and LLC's

Q: What is an LLC?

A: Here are some links that define what an LLC is, what the benefits are, advantages and disadvantages, and taxation guidelines surrounding LLC's.

http://en.wikipedia.org/wiki/Limited_liability_company

A Limited Liability Company (LLC) is a flexible form of enterprise that blends elements of partnership and corporate structures. An LLC is not a corporation; it is a legal form of company that provides limited liability to its owners in the vast majority of United States jurisdictions. LLCs do not need to be organized for profit.

STS LLC's are incorporated in Indiana.

http://www.in.gov/ai/appfiles/sos-registration/entity.html

Limited Liability Company : An LLC is a formal association which combines the advantage of a corporation's limited liability and the flexibility and single taxation of a general partnership.

An LLC has members rather than shareholders. A member enjoys protections from the liabilities and debts of the LLC. Although not required by law, an LLC should operate under an Operating Agreement which is like a Partnership Agreement.

TAX : If the LLC qualifies under IRS guidelines, it may be taxed only once, like a partnership, at the employee or member level, while not having the same restrictions as an S-Corporation.

Common Client Questions

In other English common law countries when they set up the pure trust do they go through the LLC in the U.S.?

Yes. The single purpose, single member LLC is the entity which owns the legal and equitable title of the property transferred to it by Trust 1 which receives 100% of the voting shares of the LLC in exchange for the assets.

The LLC then moves the equitable title to Trust 2 during the funding process. The LLC is simply a HOLDCO holding company of estate assets; it sells no product or service, but merely holds estate assets for the benefit of the certificate holders.

The LLC and the two Trusts of the STS are originally created in the US which provides the protection of Article 1 Section 10 Paragraph 1 of the US constitution. The entities are then re-domiciled into the country of the contractor by way of a Change of Address Minute Order. The STS program is evolving such that the LLC in Canada, for example, will be replaced with a Canadian Controlled Private Corporation with Trust 1 as the sole member.

The U.S. dollar is precarious at the moment with all kinds of warnings - will that affect our trust?

Not at all. Only the purchase price will change to reflect the exchange rate charged by your credit card. The STS is designed to protect assets. Personal money held in financial institutions, if recent history in Cyprus and Greece is any indication, could be subject to bail-ins in the event of collapse. Citizen’s bank accounts seem to be more at risk than business and trust accounts, but no one can guarantee anything if the financial system fails completely. That is why we need to discuss hard assets like precious metals (gold and silver) and natural fancy colored diamonds. Money in your hands is always safer than in a bank, especially within the fractional reserve system!

Canada banks have a low % of funds in their banks to cover withdrawals (forget what the term for this is), one of the worst - around 3% as compared to Singapore at around 30% - Can we have more than one bank account? And possibly set up another account in another country like Singapore?

It is called a Reserve Fund Ratio. In Canada, there is NO required ratio at all. Canadian banks are not required to hold ANY reserves, as shocking as that sounds!

Yes, you can have numerous accounts. In fact, never have more than the CDIC insured maximum of $100,000 in any one account. (In the US, the FDIC amount i s$250,000).

It is wise to spread funds around in different banks, and countries. You would need to incorporate a new LLC (or equivalent) in each country with Trust 1 as the sole member, and then the new company can open a bank account.

We are a bit apprehensive about the short time that the person who is transferring the assets has before they reach their destination - that something could go wrong there. It is hard for someone who worked a lifetime, to see the money go move out of sight, so to speak....it is a large leap of faith and trust - we don't know any of the people involved, etc.

There is no need for any fear in this regard. You simply just haven’t grasped the process flow yet. The transfer is accomplished through contractual legal maneuvering compliant with contract law and case law precedent.

Once bank accounts are established, the money would move from a personal bank account that you both OWN and CONTROL to another bank account that you DON’T OWN but DO CONTROL.

The difference is that you currently OWN the bank accounts, and therein lies the risk if you get attacked. The trust bank account is OWNED by Trust 1, but is CONTROLLED by YOU as TRUSTEES. However, you are only APPOINTED Trustees, and the case law says that the Trustees are not liable for any debts or obligations of the CONTRACTORS, and vice-versa. You do give up OWNERSHIP, but maintain CONTROL of your former assets.

The Trust is a stand-alone entity that has no owners, only Trustees, YOU! Separation of ownership is the secret to maintaining control of your assets.

We feel that the protection part of the trust is great but our odds of something happening are lower - not that something could happen - thus we are particularly interested in the tax benefits of having a pure trust - could you elaborate more on this aspect, please.

Certainly. Keep in mind that there is one guaranteed major event that will occur in your lives – the DEATH of YOU, the taxpayer.

If you should die BEFORE establishing the STS program, while still owning any assets in your own name, there will be a deemed disposition of the assets and thus, tax consequences. There will also be the legal statutory requirement for the Probate process, along with the associated probate fees and legal fees to administer the estate, file the final tax returns, and disburse the assets according to your will.

In contrast, if you should die AFTER establishing the STS program, then the assets “live on” in the hands of the trust, and there will be NO taxes, NO probate fees, and NO legal fees required to administer your empty estate.

All copies of your Wills must be invalidated during the STS set-up process so that the Wills won’t conflict with the STS contract and draw your heirs into the probate process. Instead, your succession wishes are reflected within the STS trust documents. In there, you will pre-appoint successor Trustees to take over management of the Trust assets and at the instant of your death, and you will name the successor certificate holders who will be recipients of the asset distributions as determined be the successor trustees. Usually these are the same parties but there is no such requirement. You wishes reign supreme.

Once the trust is established, it becomes a property management business administering estate assets. Thus, it will qualify for nearly 485 legitimate business tax deductions that all business may have access to. Essentially you begin running your entire life as a business and enjoy the same profit/loss scenarios as any other business would. Net profits are paid out as determined by the Trustees.

Also, the Trustees, Managers, and Administrators are allowed to earn management fees for administering various aspects of the STS. These are deductible expenses to the Trust entities but income to those people as self-employed income which is taxable.

The STS is designed for asset protection but numerous taxable benefits are inherit in the structure since it is technically a Contractual Business Organization in trust form. See our Pure Contract Trust page on our website for more details on this.

Is a transfer from my personal account to the Trust account considered to be "Income"?

This is a question I recieve quite frequently from various clients and prospects in regards to the STS program.

Although this answer is not to be treated as authoritative tax advice, since we don't do taxes, I have herein summarized my findings after discussing this question with several tax people whom I believe to be credible. I have added my own research to try to coherelty asnswer this sensitve question.

As I explain to anyone who asks, the simple act of “transferring” money into the Trust account is NOT automatically treated as “income” to the trust. “Income” has a very specific meaning in the statutory realm of the tax code. In our case, the money is being transferred to be held “in trust” for the benefit of the beneficiaries (the trust certificate holders). In exchange for Trust certificates, the trust legally OWNS all the present and future income streams and assets from all sources of the contractor from the moment the application was sent in to MPG, regardless of which bank account it is held in, personal, business or trust.

A “transfer” into the account can simply be likened to a capital contribution (owners’ equity in statutory law) in payment for the trust certificates. In fact, the contractors will be “settling” the trust contract for the certificates and the financial consideration will be paid for the rest of their lives by way of transfers into the trust. It is like they acquired the certificates on credit and have not fully paid for them until death. The trust gave up very valuable certificates for an unknown future cash flow and current assets. The contractor exchanged his financial life for the certificates (which have no ascertainable value) and the contractor is perpetually settling that contract.

Imagine trading all your future “after tax” income for a rare automobile that you really wanted. Is that future stream of cash payments to be treated as “income” to the seller as defined in the tax act? NO. It is treated as a simple disposition of personal property. The capital gain, if applicable, might be taxed depending on the current tax law and the taxpayer’s tax position. The Trust exchanged personal property (the certificates) in exchange for the contractor’s assets, now and in the future. That is no more a taxable transaction than would be a piece of furniture at a yard sale. It is a transfer or exchange of personal property. Money, certificates, assets, are all well-defined in case law as personal property.

In the financial world, if we buy common shares of XYZ Corp. from a broker, we are merely providing shareholder’s equity to the company in exchange for its common stock. The company (or broker) receiving the funds does not pay “income” tax on the monies received because it is a capital contribution (acquisition) and not “income” as defined by the tax act. When the shares are redeemed or “sold”, any difference on the adjusted cost base (acquisition price) becomes a gain or loss for tax purposes and THAT is then taxed if applicable, but the portion of the proceeds considered to be a return of capital from the company is not taxable. If it were, who would ever invest in stocks if both the issuer and the buyer paid income tax on both sides of the transaction?

Also, the monies being transferred from the personal to the trust accounts are typically sourced from AFTER TAX income. We cannot be “taxed” twice on the same money just because it was transferred to a different account which is also “owned” by the Trust. That would be ludicrous and against the spirit of the tax code and “income” laws. A transfer is NOT “income” to the Trust unless it was “selling” a product or service. Of course, if the contractor is renting the property from the trust, then that would be “income” to the trust. Likewise, management fees paid to the trustees would be treated as an “expense” to the trust.

One of the reasons for putting a lien on the financial assets, and on the net personal incomes of the contractors using schedule B-7, is so that the Trust can ensure eventual full payment (consideration) in settlement of the contract for the trust certificates (which have no ascertainable value).

If clients choose to leave money in their personal accounts, after already having paid tax on it, and that money gets taken by a creditor, then shame on them for taking the risk and leaving it exposed.

I challenge an accountant to prove me wrong on this interpretation. I am quite sure my position was validated by a top accountant during my 2-hour discussion with him last year. In fact, he was of the view that it is up to taxing authorities to prove the taxpayer wrong and not the other way around. He said that if you have your paperwork in order, and a valid reason for your position, THEY need to prove their case in law. Ambiguity favors the taxpayer. The IRS and CRA are private entities operating under merchant or admiralty law and, as with any commercial entity under the law of contract, needs to prove its position just like anyone else. Besides, I would like to see them produce “the tax contract” in court as evidence of an agreement with the “taxpayer”, but that is a whole new discussion for another day.

Of course I am open to being corrected on this if someone can put forth contrary evidence that we can argue.

Tax and International Compliance

What is FATCA?

Foreign Account Tax Compliance Act.

Is a United States federal law that requires United States persons, including individuals who live outside the United States, to report their financial accounts held outside of the United States, and requires foreign financial institutions to report to the Internal Revenue Service (IRS) about their U.S. clients. Congress enacted FATCA to make it more difficult for U.S. taxpayers to conceal assets held in offshore accounts and shell corporations, and thus to recoup federal tax revenues.

Most Canadians will unwittingly and effectively be drawn into US Taxation Law by the IRS as a result of living their lives and the normal course of business.

What the FATCA video clips in our Public Videos tab for the shocking truth about this far-reaching, draconian tax policy that Canada has agreed to in orderto allow Canadian banks to expand into the USA.

Where can I find the IRS 1041 and 1065 Forms to file the Trust and LLC Tax Returns?

Here are the latest IRS links for more information on the 1041 and 1065 Forms and filing requirements.

TRUSTS

http://www.irs.gov/uac/Form-1041,-U.S.-Income-Tax-Return-for-Estates-and-Trusts

http://www.irs.gov/pub/irs-pdf/f1041sk1.pdf

LLC's

http://www.irs.gov/uac/Form-1065,-U.S.-Return-of-Partnership-Income

http://www.irs.gov/pub/irs-pdf/f1065sk1.pdf

STS Clients: Visit the Client Files section for more information and direct links.

Administration

Q: Where can I get my documents notarized?

A: There are around 13 or so pages in the basic 2 Trust, 1 LLC STS package that must be notarized to validate the dates of the documents. Most people would be shocked to learn that lawyers often charge $49 for the first page and $15 minimum for each successive page. The legal profession cannot reasonably justify such ridiculous fees to merely verify that they have seen your various forms of ID and that they witnessed you sign the documents. Nevertheless, there is a way to save yourself $229 or more to get your STS package notarized.

Check with your local provincial or state legislative member (e.g. your MLA in Canada) or municipal politician. As government employees with certain privileges, they are automatically certified as notaries. Best of all, as one of their paid public functions, they notarize any constituent's documents absolutely for FREE. Politicians never turn down an opportunity to schmooze with their public.

Q: Can AssetPro assist with administrative services regarding management of my STS program?

A: Yes. We offer complimentary help in registering your STS program with our provider. Once you get your package, you will responsible for reading through the package in its entirety so that you know what is included in the package and what assets you are protecting with your program. You will receive an email welcome package that will guide you with the process of what to do next. Links and video resources are provided to get you started.

Should you decide that you would like to appoint an AssetPro coach to be a manager, trustee, or administrator of the various entities within your STS program, we do offer advanced managerial services for a fee. We simply invoice you at $100 per hour for services rendered to each entity you wish to have guidance for, either one time, or on a regular basis. We can even provide referrals to accountants, bookkeepers, tax planners, and other related legal services that you may require to get the most out of your program. Such expenses are, of course, tax deductible from your STS program.

For those who feel confident to self-administer the STS, but still wish to have professional guidance, we offer on-line, subscription-based video tutorials to walk you through all phases of the STS administration. Please see our shopping cart for more details. (In development currently).

What is a PPSA?

The Personal Property Security Act ("PPSA") is the name given to each of the statutes passed by all common law provinces, as well as the territories, of Canada. They regulate the creation and registration of security interests in all personal property within their respective jurisdictions.

It is similar in structure to Article 9 of the Uniform Commercial Code in the United States, but there are important differences.

Personal property subject to the Act

The scope of the Act is extremely broad, as it is concerned with every transaction which in substance creates a security interest, without regard to its form and without regard to the person who has title to the collateral. There are small differences between the provinces as to how far this extends, but the concept is basically the same.

That said, however, there are some items that are specifically excluded:

liens
interests in annuities and insurance policies
interests in land (other than interests arising under a license), including leases
assignments for the general benefit of creditors
interests in any compensation for labour or personal services

Personal property is classified into the following categories:

goods (further classified into consumer goods, equipment and inventory)
instruments
documents of title
chattel paper (including leases and conditional sales contracts)
securities
money
intangibles (licenses and any other matter not included above)

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