Liabilities that Sidestep an Asset Protection Plan

Be cautious of limits.

Be confident when assisting your clients with creating and maintaining an asset protection plan. Many asset protection planners effectively assist their clients with establishing and maintaining good asset protection plans. However, many do not understand the limits of such planning in certain situations. There are obviously a number of ways to undermine one's own asset protection plan; for example, not treating corporations, LLCs, and trusts as legitimate, separate entities. However, this topic will focus on problems that, in the presenter's experience, are often underappreciated and which can create liabilities that entirely bypass an asset protection plan. Specifically, this topic will address improper ownership of NFA or Title II firearms, improper ownership of private aircraft, the trust fund recovery penalty for federal payroll tax withholdings, and individual ownership or signature authority over foreign accounts. While this is by no means an exhaustive list of issues that bypass an asset protection plan, these problems are relatively common and often handled inappropriately.