OVERVIEW

 

Sellers work hard for many years to build a business or increase the value of their real estate. When they contemplate a sale, they suddenly learn that they have a silent partner…Uncle Sam.  Uncle Sam wants his cut when the asset is sold which is often 15-25% of the Selling Price.  When Sellers learn about the tax ramifications of selling, they get angry. They look for creative ways to defer taxes and pay less taxes, but quickly learn that there are few solutions to their tax problems. Fortunately, there is one important and useful tool for deferring taxes (paying taxes at a future time). The CAPS Trust is not tax avoidance, it is tax deferral. Tax deferral means you can pay the taxes in the future for a sale that occurs now. Sellers get the use of their money and only pay taxes as they receive the installment payments. It is not uncommon for Sellers to be able to defer millions of dollars in taxes with a CAPS Trust.

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Tax advisors who utilize traditional sales structures fail to realize tax saving strategies that are available to Sellers. The tax experts of the CAPS Trust team combine trusts with installment sale tax law to help Sellers defer the capital gain taxes. Tax savings can be realized for the sale of a business, real estate, art, cars, or any capital asset.  A CAPS Trust combines two widely used tax deferral and asset protection tools into one transaction: Installment Sales and Trusts.

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SCRUTINY AND REGULATORY AUTHORITY

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Major tax law firms throughout the country have used this proven structure for years without any known negative consequence from engaging the CAPS Trust from the IRS or Financial Industry Regulatory Authorities. CPA's and Financial Planners should consider the benefits when discussing the structure with their clients.