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Trusts Established
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Years Experience
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People Protected
Tax Planning
Tax optimisation and planning for yourself and future generations
Legal Protection
Protect your assets from frivolous lawsuits and divorce
Asset Protection
Protect your digital and physical assets from real estate to intellectual property
Global Uncertainty
Secure your wealth from unknown future political or economic threats
Bullet Proof
Unbreakable security from foreign governments
Estate Planning
Plan for and protect your family's future wealth
INTRO
1. Stringent Asset Protection Laws
Nevis has some of the strongest asset protection laws in the world. In order to file any legal claim against a Nevis trust, a creditor must first deposit a bond of $100,000 USD with the Nevis Ministry of Finance. This creates a significant barrier to frivolous lawsuits. Nevis law also makes it very difficult for creditors to prove "fraudulent conveyance." The creditor must definitively prove the assets were transferred specifically to defraud them. General asset protection motivations are not considered fraudulent in Nevis.
2. Short Statute of Limitations
The statute of limitations on fraudulent conveyance claims against a Nevis trust is only 1-2 years. This is much shorter than other jurisdictions like the Cayman Islands where it is 6 years. The short timeframe prevents late claims.
3. Non-Recognition of Foreign Judgments
Courts in Nevis do not recognize or enforce judgments from foreign jurisdictions. A creditor must completely restart litigation in the Nevis judicial system. This negates any foreign judgment already obtained.
4. Indefinite Duration
There is no rule against perpetuities applied to Nevis trusts, unlike many other countries. Nevis trusts can remain in effect indefinitely across generations.
5. Anonymous Trust Structures
A Nevis trust can hold anonymous LLCs and offshore bank accounts to obscure asset ownership. The trust deed itself is also not public record.
6. Favorable Tax Treatment
Nevis trusts are not subject to income, capital gains, estate, gift, or other taxes. There are also no reporting requirements. This minimizes costs and privacy concerns.
7. Robust Privacy Laws
Nevis has strong financial privacy laws including protections for trust confidentiality. These laws make it difficult for foreign litigants or governments to obtain financial information.
8. Separation of Legal and Beneficial Ownership
There is clear separation between legal title to trust assets (held by trustee) and beneficial ownership (held by settlor/beneficiaries).
9. Discrete & Confidential
The trust deed is not public record in Nevis. The country has strong financial privacy laws that make it difficult to access trust information. Trust information is strictly confidential under Nevis law.
10. Flexible Trust Arrangement
Nevis trusts can be amended and changed. The settlor/protector can be reappointed. This allows trusts to adapt over time.
11. No Forced Heirship Rules
Nevis trusts operate independently from inheritance laws of other nations. There are no forced heirship rules limiting how assets are distributed.
12. No International Tax Treaties
Nevis has no tax treaties with the US or other nations that would compromise trust tax benefits.
Iron Clad Asset Protection legislation
Deterrence
$100,000 Bond
If a creditor attempts to make a legal claim against a Nevis trust, they must first post a bond of $100,000 USD with the Nevis Ministry of Finance before their case can proceed.
This bond is at risk of being forfeited if the Ministry feels the lawsuit is frivolous or unwarranted. This requirement immediately dissuades most specious claims. Beyond the bond hurdle, a foreign creditor faces an immense evidentiary burden.
Undeniable Proof
Fraudulent Conveyance
They must definitively prove fraudulent conveyance - that the trust assets were transferred specifically to deceive and defraud that particular creditor. General asset protection motivations are not considered fraudulent under Nevis law.
Beyond A Reasonable Doubt
1-2yr Statute of Limitations
The creditor must provide clear and convincing evidence beyond a reasonable doubt that the transfers into trust were intentionally designed to deprive them of assets owed. This is an exceptionally high bar to meet in the Nevis court system. Additionally, Nevis imposes a short 1-2 year statute of limitations on fraudulent conveyance claims against trusts. Any lawsuit brought outside this narrow window will not be entertained by Nevis courts.
Must Fully Litigate in Nevis System
Non Enforceable Judgments
Importantly, Nevis does not recognize or enforce judgments from foreign jurisdictions relating to trusts governed under their laws. A creditor cannot rely on a favorable ruling from their home country's courts. They must fully litigate the matter in the Nevis legal system. This negates any previous legal victories.
WHY NUMBERS
Nevis Trust with a Swiss Account
Swiss bank accounts are notorious for their safety and privacy, so where better to deposit your hard-earned wealth.
In practice, the assets will be deposited/safeguarded in a Swiss bank account which is owned by the LLC (with you as manager), which is in turn owned by the Nevis Trust. This trio provides multiple layers of protection, whilst being able to benefit from the unique advantages of each of these tools.
- Safety and Stability: Swiss bank accounts are one of the safest in the world. Swiss banking regulations require banks to hold high capital reserve ratios which serve to protect depositors’ funds.
- Investment Opportunities: Swiss banks offer access to top quality investment opportunities for account holders who decide to open an investment account.
- Efficiency and Service: Swiss banks are among the best in the world in terms of their efficiency and high-quality customer service.
- Privacy: There is still a culture of privacy among Swiss banks, and even the identities of account holders are kept highly confidential unless in extremely rare cases or suspicion of criminal activity. Furthermore, owning a Swiss bank account via a Nevis LLC is as close to complete anonymity as you can expect to get in this day and age.
Nevis Trust with a Nevis LLC
This type of structure is the best way to protect your assets and, if established well before any problems arise, will avoid the issue of fraudulent conveyance.
This is because the trustee simply has to temporarily remove you as manager of the LLC to protect the assets, and so you will not need to make any dubious transfer of assets after you are faced with a liability claim.
- Asset Protection: Nevis courts also do not recognise foreign court orders, so any claimant will have to file a case in Nevis itself, which adds an additional layer of protection.
- Privacy: A Nevis LLC provides its owners with complete anonymity. The identifies of beneficial owners are not publicly available nor registered anywhere. Nevis is renowned for its strict privacy laws, whereby it is a crime to disclose the identities of company owners without authorisation.
- Tax-Free Jurisdiction: Nevis is well-known as a tax haven. Offshore LLCs can enjoy zero taxes on dividends, income, capital distributions, and undistributed earnings.
- Flexible ownership requirements: Nevis LLCs have highly flexible and favourable ownership requirements. There is no limitation on the number of members, and 100% foreign ownership is permitted. Nominee ownership is also possible for greater privacy.
The Cook Island Alternative
If you are looking for a more budget friendly asset protection option, Nevis is the logical jurisdiction. It has many of the same features as the Cook Islands Trust, such as confidentiality, strong asset proection laws, and no public reporting requirements.
While the Cook Islands is touted as the 'best' in the world, Nevis comes in at a close second. Not everyone can afford a Cook Islands trust, as it is 50% more expensive than a Nevis trust.
What makes the Cook Islands the most sought after destination is primaraly because it is the world standard from which all other offshore asset protection legislation law is formed. It also comes with a long standing reputation, together with its close association with New Zealand gives it a non tax haven image, which may matter from some situations.
About
Offshore
Protection
We specialize in custom offshore strategies to reduce your taxes, diversify your wealth, and protect your assets so you can pursue your freedom.
Who Are We?
Offshore Protection is a boutique offshore consultancy providing customized multi-jurisdictional offshore services since 1996.
Our team has helped successful investors and entrepreneurs reduce their tax bills, protect their assets and maximize their freedom for over 25 years.
Our holistic approach combines expert offshore advice with innovative solutions that enable our clients to offshore their business, protect their assets, and become a global citizen.
