Capital Gains Tax Solutions and our primary Law Firm (Campbell Law) recommends asking the following questions of us or anyone who is giving capital gains tax deferral advice:
- Are there any pending legal cases or audits with your structure for any of your client’s vs IRS or USA? If so, what is the current status of the legal case or cases v. United States of America? How might the outcome of this affect a clients tax liability?
2) How long has your strategy been around and how many have closed?
3) Of the closes, how many cases have had an IRS audit? What was the outcome of these audits?
4) Will the Law firm or attorney who is creating the structure and performing the legal work indemnify my case? Will you put this in writing?
5) Is there audit defense built into the deal? If so, who pays?
Let’s learn more about the Deferred Sales Trust and then answer the 5 questions:
The Deferred Sales Trust is an installment sale. Installment Sales is, “a disposition of property for which at least one payment is to be received after the close of the taxable year of the disposition. Section 453(d) allows taxpayers to elect out of the installment method, and instead immediately recognize all gains from the sale as income.” -IRS CODE 453
The Deferred Sales Trust is a made up name and will not be found on the tax code.
- Are there any pending legal cases or audits with your structure for any of your client’s vs IRS or USA?
Zero
2) How long has your strategy been around and how many have closed?
22 years. 2000+ cases closed.
3) Of the closes, how many cases have had an IRS audit? What was the outcome of these audits?
13 audits. All closed out as no change audits. It has also been reviewed by the IRS in 2008, FINRA and National Tax Law Firms.
4) Will the Law firm or attorney who is creating the structure and performing the legal work indemnify my case? YES Campbell Law Firm will indemnify. Will you put this in writing? YES Campbell Law firm will.
5) Is there audit defense built into the deal? If so, who pays?
YES. Covered in 1 time fee to Campbell Law Firm for life of the trust. No additional cost to defend the case.
2 Bonus Questions:
How do I know my funds are protected?
The funds are invested in a manner that is consistent with your risk tolerance and preferences, and payments are made to you pursuant to the payment schedule.
You have 24/7 access to view your funds. The funds are secured using a DACA (Deposit Account Control Agreement ), TD Ameritrade, Charles Schwab and Bank of Newyork Melon. Which means that funds will only move with clients signature.
Sounds too good to be true?
Consider our track record of 2000+ cases closed within 22 years, 14 no change IRS audits and you can also talk to our clients. We encourage you to have your legal council and CPA sign a nondisclosure agreement and have your counsel view the deferred sales trust structure and give their blessing before moving forward. Our attorneys and us do not get paid unless the DST case closes
