Things to know about Self-Settled Asset Protection Trusts

When it comes to financial planning, one must consider opting for a self-settled asset protection trust. With a self-settled asset protection trust, one can protect their assets from creditors. However, by making an SSAPT, a person can still leverage a certain level of interest and benefit from the trust and its assets. The first step to creating an SSAPT is speaking to a tax law firm Virginia Beach

In this blog, we will look into all the essential aspects of Self-Settled Asset Protection Trust

How Self-Settled Asset Protection Trust goes with the estate plan? 

People in professions like accountancy, law, or medical care, are vulnerable to creditors’ claims. If you are someone with high worth and exposed to creditors, lawsuits, or third-party claims, you should consider getting a Self-Settled Asset Protection Trust. 

Although an SSAPT will cover you against creditors’ claims, you will have to meet specific requirements to be able to have one. However, one must keep in mind that an SSAPT doesn’t provide protection from all risks. Moreover, the requirements for having an SSAPT can make it a complicated process. 

Another important thing one must be aware of is that the self-settled asset protection trust should be irrevocable. Besides this, the SSAPT should be created under specific laws and regulations. The creator of the SSAPT is called a grantor or settlor. The settlor of the trust can transfer the assets to the SSAPT, leverage some benefits or interest from the assets in the trust, eliminate creditors’ claim on the assets. 

According to some IRS Lawyer Virginia Beach, people often dismiss the option of creating a self-settled asset protection trust simply because it is irrevocable. But they fail to look at all the good sides of an SSAPT.

A person can create an SSAPT in Virginia under Sections 64.2-745.1 and 745.2 of the Code of Virginia. The legislative provisions are extensive and detailed, but they allow the trustee to preserve assets during difficult circumstances. These ordinances are new, and the criteria have not yet been appropriately tested in Virginia tribunals. Still, they are built on model legislation that has been utilized in other states in different forms.

The best time to put up a self-settled asset protection trust is before the properties are at risk of being attacked. Thus, the Self-settled asset protection trust can only be effective if created before there is any creditor claim. If the SSAPT is created when there are outstanding creditor claims, it can be subject to dispute. Besides this, the settlor will remain solvent even after the transfer of the specific assets to the SSAPT.

If these two conditions are not satisfied, the settlor may be accused of attempting to evade valid claims by transferring assets fraudulently.

Finally, an SSAPT can be formed as a “grantor trust” for taxation purposes, similar to other irrevocable trusts, to avoid paying taxes at the trust level and offer a tax-free advantage to the trust heirs.…

Education, Training & Capacity building

Relevant projects undertaken include:

Education The Directors pioneered Tourism Law as a new field in teaching, research and publication commencing at Bond University in 1991 and now offered through the International Tourism Law Institute (ITLI) and affiliated institutions in Australia and other countries. They have developed a range of academic and vocational courses presented at various universities as well as by distance, by web and in country in collaboration with local institutions. Development agencies, institutions and students interested in these courses are encouraged to contact ITLI.

Courses offered include:

Academic courses Vocational courses
Tourism Law
Travel Law
Tourism & Travel Law (graduate)
Tourism Planning & Development Law (graduate)
International Tourism Law & Policy Law for National Tourism Administrations
Law for Travel Agents
Law for Tour Guides
Law for Tour Operators
Law for Hotels

Training & capacity building Through ITLI we also provide a range of seminars, workshops and training programs in our specialist subject areas. These are provided externally or in house and arrangements can be made to offer them in country for industry, professional bodies and National Tourism Administrations.

Subject areas have included:

Training & capacity building subjects
Principles of Tourism Law
International Tourism Law
Tourism Law for Practicing Lawyers
Tourism institutional Frameworks (National)
Tourism Institutional Frameworks (International)
Tourism & Consumer Protection
Tourism & Competition Law
Tourism Quality Assurance
Self Regulation for Tourism Trade Associations
Tourism Codes of Conduct
Liability of Tour Operators & Travel Agents
Package Holiday Law
Damages for Disappointment
Rights & Duties of Innkeepers
International Hotel Regulations
Negotiating International Hotel Management Agreements
Negotiating International Hotel Leases and Developments
Hotel Yield Management
Holiday Homes & the Law
Legal Aspects of Integrated Tourism Resort Projects
Investment Incentives for Tourism
Land Title & Tourism
Native Title & Tourism
Tourism Safety, Security & Risk Management
Adventure Tourism and the Law
Entertainment, Sports & Events Law
Gaming Law
Liquor Licensing
Alcohol Servers liability
Timeshare law
Marine Tourism & the Law
World Heritage & Tourism
National Parks & Tourism
Carrying Capacity
Ecotourism Law
Principles of Aviation Law
Cruise Ships & the Law

Training programs are designed to meet client needs and local conditions. More details of these and other subject covered are available upon request.

Research & Publication The Directors have researched and published extensively in their specialist subject areas and also supervise and support the research of other scholars interested in these areas through ITLI.

Books authored by the Directors include:

  • Atherton TC&TA, Tourism Travel and Hospitality Law LBC Sydney, 534 pages 1998. To purchase a copy Contact Us
  • Atherton, TC, The Regulation of Tourism Planning, Development and Management, MSc thesis Surrey University 178 pages, 1991.
  • Atherton TC&TA, Current Issues in Tourism and Travel Law chapter in book entitled Managing Tourist Health and Safety in the New Millennium, Wilks J and Page S (eds), Elsevier/Pergamon, London 2003.

The Directors have also published over 100 other articles, reports, studies and guides on their specialist subject areas. For information on any particular subject please Contact Us
Data base Through ITLI the Directors maintain an extensive database on tourism law including a comprehensive collection of international conventions, codes and regulatory materials, national best practice and models laws.…

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