The Pros and Cons of Discount Travel Clubs

If you love to travel, but can not seam to do it as often as you would like, you should consider looking into a good travel club.

My wife LOVES to travel the world as I am sure many of you do, but it was always so expensive. I am here to tell you, it does not have to be.

This is how travel clubs work.

When you think about it owning a resort property is just like any other business. They need a steady flow of customers to be profitable. Their unique challenge is, they also need a consistent flow of customers preferably evenly spaced through the entire year other many issues start to become problems for them. To many customers all at once is lost business, probably to your competition. Not enough customers means empty rooms and lost business and revenue, which makes staffing as well as many other things VERY difficult.

The challenge is to keep a steady flow of customers, preferably even spaced all year long. But how do they do that?

One way resort owners have discovered to help with this is by affiliating with travel clubs to offer club members unreserved rooms at deep discounts. This helps keep a steady flow of customers all year long, and helps the owner keep a properly staffed business running.

Think about it from their perspective, would you rather have an empty room and NO income, and have a staff to pay with no customers to serve or income being produced? Or, to keep a good quality staff busy, have customers that may only be paying enough to cover your expenses with little or no profit?

It does not take long as a business owner to figure out that "when possible" you sell at full price, when necessary you take a discount and less profit, and when push comes to shove at least cover expenses to avoid taking a loss.

Even taking some loss is acceptable if it helps with staffing issues, inventory, food shelf life, advertising, budgeting, exposure and many other business issues. As long as it is not the norm, obviously.

Now, keep in mind, all travel clubs are NOT created equal.

The owner of the travel club is also doing business. He wants to provide his members with an attractive offer to build membership, but also wants to make money in HIS business, which IS the travel club. If the owner is more concerned about profit, than they are about giving value to their members, that club has a limited future.

The saying that just popped into my head was "It is better to have a little bit of something, than a whole lot of nothing."

The resort owners are constantly negotiating transactions (level of discount) with hundreds of travel club owners.

The owner of a particular travel club may have negotiated with the resort owners the best prices for his club, but if he is trying to make to much profit with his travel club, his members would not be getting the best deals!

It is very hard to negotiate regardless, without something the other party wants. Therefore, the more members you have in your club the easier it is to negotiate great deals. But getting lots of members is no easy task in itself.

The most successful travel club owner has figured out how to build a large following (with minimal cost) so they have the leverage to negotiate great deals other clubs can not, but because of their low overhead they can pass most of the savings along to Their members.

We all know that the BEST form of advertising is, word of mouth. As luck would have it, it is also the least expensive. (Free) So, if you (as a club owner) were to pay your current members (for new memberships) to advertise by word of mouth or however they choose, and generate members for you just by telling potential members about your club and the Huge savings they had received, you would have a growing membership with minimal expenses, therefore, you could pass dramatic savings on to your members which in turn would help generate more members more easily and get better discounts.

As I stated earlier, not all travel clubs are created equal, just as with any other business. You must do your research to find a club that offers a large inventory of locations, at deep discounts to its members, without charging too much for their membership. That travel club will continue to grow in size and value, and provide you with a lifetime of deeply discounted travel for minimal cost so you can travel the world and enjoy what the world has to offer.

Travel clubs can be a great opportunity to save your hard earned money. Just make sure you do your research and find the right one, otherwise you are not going to get the most value possible for your money.

Good luck, and I'll see you on the beaches of the world.

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Understand the Pros and Cons of Saving Money in Piggy Banks

It is always a great idea to put some money away for a rainy day or for a future purchase. But where you put it is a personal choice depending on what your considerations are. Do you have security in mind? Or is it convenience? Whatever they may be, you might have thought of getting a piggy bank in which to store some extra money. It may help you if you understand what using one of these entries. There are obvious advantages as well as disadvantages that come with piggy banks.

Advantages

We all have spare change left over from grocery shopping and other small purchases, and sometimes we just put it all over the house because we do not have a central place to deposit it. A coin bank will enable you to keep track of the small amounts of money that might otherwise simply lie around or get lost. It can also be a great way to actually save toward a small purchase such as something you saw on sale at the shop down the road. Small, regular deposits into the piggy bank will accumulate enough to reach the desired amount. There are some large piggy banks that are convenient for growing a decent saving, so that might be of interest to you.

Most piggy or coin banks by their very design are pleasing to look at. That means that besides using them to put away some money, you can also use them as decorative pieces in the house. The piggy bank may not needlessly come in the design of a pig, but some are modeled after other animals or objects. So you could choose to become a collector of them and make them serve the double duty of storing your money and brightening up your house.

Disadvantages

When you are saving money, it is usually for a particular reason. Therefore, it is in your interest to ensure that it accumulates enough to achieve your goal. For instance, if you are saving to treat yourself to a night out on the weekend, it is possible to get temped during the week to use the money for something else because it is readily available. It requires that you exercise self control and discipline to not raid the piggy bank at will just because it is convenient.

There are really no disadvantages of keeping money in a piggy bank except that you may get tempted to withdraw some amount when you need it. But it is really not such a bad idea to withdraw money when you need it. The piggy banks serve as your instant back-up plan. You have to go to a bank and withdrawal money and that involves time and energy. On the other hand withdrawal from a piggy bank home is very easy.

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The Advantages of Traveling in a Campervan

One of the most exciting ways of traveling when on holiday is through a campervan. Hiring a motorhome is an easy thing to do and it is undoubtedly an affordable way to see the world, coupled with the freedom to pause where you like and stay as long as you wish at each stop. Comfortable and convenient, a campervan will take you to where you can experience exhilaration, adventure, sensuality, and breathtaking beauty without having to worry about the sun setting down.

Campervan travelers know that there are many models for them to choose from, depending on the number of people traveling with them, and their preference for home-on-the-road travel. Most motorhome vehicles come equipped with beds, tables, chairs, cooking facilities, toilet and shower cubicles, and even CD players, television, and DVD facilities. Meanwhile you can also hire extra items like outdoor chairs, tables, tents, and more.

The ease and accessibility of campervan travel is only one of the advantages to motorhome road trips. Affordability plays a great role, imagine not having to pay for hotel accommodations that would otherwise eat up a huge margin of a holiday-makers budget!

No vista or landscape is ever the same on this quest of discovery. The great outdoors makes for a more cheerful trip, and the freedom of choice to go off the beaten track is beyond compare – a freedom that isn’t available when taking the travel agency and run-of-the-mill tourist route.

Imagine pulling over and stopping by a grassy glade for a refreshing cup of coffee while enjoying the sunrise. Or lounging on a pristine beach while a romantic moon shines down upon the water. The next day can be lunch with the locals overlooking a ruggedly uplifting mountain canyon. No one day is ever the same.

More importantly, traveling by campervan creates experiences that are meant to last forever. The freedom of the road, and various adventures shared with family and friends will be mental keepsakes that can be taken out with reverence and joyful remembrance again and again.

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Real Estate and the AMT: Rental Or Investment Property

The Alternative Minimum Tax is a very important consideration for taxpayers who own real estate because just about every tax rule applying to real estate is different for the AMT than it is for the Regular Tax. This article on Real Estate and the AMT will address those situations where the individual holds the real estate as an investment, typically as rental property. The differences in tax treatment between the Regular Tax and the AMT can be significant.

Interest expense

Interest paid on the mortgage taken out to acquire the property is fully deductible, both for the Regular Tax and the Alternative Minimum Tax. Unlike itemized deductions that allow a tax benefit for what amounts to personal expenses, the tax law generally allows all deductions a taxpayer has to make in the pursuit of business income. Thus, the limitations discussed in the previous article on home mortgage interest do not apply.

If, however, the equity in the rental property is used as security for an additional loan – a second mortgage, for example – then the taxpayer must look to how the proceeds of that loan are used to determine interest deductibility. If the proceeds are used for a car loan or to finance a child’s education, for example, then the interest is nondeductible personal interest. If the proceeds are used to improve the rental property, the interest is deductible.

Suggestion – it is best that taxpayers keep personal borrowings separate from business borrowings. Mixing the two creates recordkeeping challenges and can result in disputes with the IRS.

Property taxes

Property taxes paid on rental or investment property are allowed in full both for Regular Tax purposes as well as for the Alternative Minimum Tax.

Planning idea – if you have an opportunity to pay your property tax bill either this year or next, pay it in a year when you have enough income from the property so as not to generate a rental loss. This strategy can help avoid triggering the passive activity loss limitations described below.

Example – in Florida property tax bills are mailed in October, and are payable under the following discount schedule: November – 4%, December – 3%, January – 2%, February – 1%. If you have a loss from the property in 2010 but expect to generate income in 2011, do not pay your bill in November or December – forgoing that small discount could help you avoid the loss-limitation rules.

Depreciation

Depreciation is allowed for property held for investment. The portion of the cost allocable to land is not depreciable, but for the building itself and the furniture, appliances, carpeting, etc. a depreciation deduction may be taken.

Real property (this is the legal definition of the house or other building) held for rental/investment may only be depreciated for Regular Tax purposes under the “straight-line” method, over a useful life of 27.5 years. Thus, a property with $275,000 allocated to the building would be depreciated at the rate of $10,000 per year.

Personal property (this is the legal definition of things such as furniture, appliances, carpeting and the like) may be depreciated for Regular Tax purposes under an “accelerated” method over a useful life of five years. An accelerated method allows a larger depreciation deduction in the early years, in recognition of an obsolescence or decline-in-value factor that you see in new property (cars are a good example).

For purposes of the AMT, however, personal property may be depreciated only by using a straight-line method. Thus, an AMT item will be generated in the early years if the accelerated method is used.

Planning idea – for personal property consider electing the straight-line method for Regular Tax purposes. While giving up a little tax benefit from the greater depreciation in the early years, it could mean avoiding paying the AMT.

Active/passive investment rules and the “at-risk” rules

A taxpayer who is not “active” in managing investment property may not use losses from rental property to offset other income such as salaries and wages, dividends, interest, capital gains, etc. Instead, these losses are deferred until the taxpayer either sells the property or generates passive income from this or other passive investment sources.

The at-risk rules similarly deny using these types of losses to the extent the taxpayer has acquired the investment with borrowed money and does not have personal liability on the debt.

Planning idea

If these loss limitations apply, consider the planning ideas mentioned above to minimize the losses being generated each year. They are not doing you any good anyway.

Sale of the property

Several different AMT issues can arise on the sale of rental/investment property. One is that your gain or loss may be different for the AMT than it is for Regular Tax purposes. This would be caused if different depreciation methods were used. For example, if the personal property was depreciated using an accelerated method for Regular Tax purposes, then the basis in that property when calculating gain or loss on sale would be different because the straight-line method had to be used for Alternative Minimum Tax purposes.

Gain on the sale of investment property generally is capital gain, although a portion may be treated as ordinary income depending on the accelerated depreciation method was used. Capital gains in and of themselves are not an AMT item, but nonetheless they can result in AMT being paid. This is because the AMT exemption amount is phased out for taxpayers at certain income levels, so this additional income can have the result of reducing the exemption which in turn increases taxable income for purposes of the Alternative Minimum Tax.

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How to Properly Insure Your Concrete Pumps

The business of concrete pumping comes with many challenges, one of them being being perfectly insured when something goes wrong. Many concrete pumping companies have pumps and assume they're automatically insured under their general liability policy, unfortunately they are not.

Trailer concrete pumps should be insured under what is called an inland marine floatater. This type of insurance policy provides comprehensive coverage for your pump, insuring it from perils such as theft, vandalism, and damage you may cause it in the event of a car accident. This is similar to the coverage you may have on your car.

Just like any other trailer, liability coverage is automatically extended from the vehicle to the trailer it's towing. For example: If your trailer sideswipes another vehicle, your auto policy will provide liability coverage to repair the vehicle you damaged. Repairs will only be provided up to your policy limits. Keep in mind if the auto policy your truck has not include business coverage the insurance company will most likely deny your claim. Make sure you have a proper commercial auto policy before you toward anything for business use.

What about concrete pumps you can drive, how are they insured? Because these type of pumps are self-propelled they would need to be insured under a standard commercial auto policy. Make sure to mention any custom equipment you have to your agent. Just like on any auto policy custom equipment should be stated as such and approved into the coverage limits. Custom equipment can include any aftermarket stereo systems, hose reels, ladder racks, etc.

Always provide the replacement cost you'd like if your pump is stolen and ask for it to be stated in your policy. This way you'll be sure you have enough to replace the pump in the event of a loss. Some carriers provide the actual cash value for your pumps without otherwise requested. This means you'll get the replacement cost minus depreciation to compensate you on your pump. Actual cash value may not be enough for you to buy another pump if yours is damaged, this option is not recommended.

Always consult your insurance agent before making any final decisions on your insurance policy. Each concrete pump is different and may have specific needs. Keep these points in mind when shopping for your insurance policy and you'll be well on your way to protecting your business in the event of a loss.

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Best Finds From the Antiques Roadshow

The comforting, familiar nature of the Antiques Roadshow has been likened to ‘the feel of a warm bath’. From its beginnings in 1977, the show delved through the possessions of others, with guests telling us stories of the current owners, past owners and beyond. Usually the item might be worth a few hundred or few thousand pounds, but rarely – and most excitingly – a true gem would be uncovered.

The Halt in the Desert – a painting by Richard Dadd

In 1987, a couple from Barnstaple, North Devon, came along to a show with a painting. Unbeknown to them, the painting was actually The Holt in the Desert by Richard Dadd – a national treasure which had been missing for more than 100 years. After authentication, the painting was valued at £100,000.

In the watercolour, a camping party is seen on the shore of the Dead Sea with Dadd himself seen at the far right. The scene was painted from memory by Dadd from a mental institution, as after coming home from the expedition to Greece, Turkey, Palestine and Egypt he murdered his own father ‘supposedly at the behest of the Egyptian god Osiris[*].

Spider’s Web Bottle – by William Burges

A guest brought in a little brown bottle his dad had picked up in 1950 to the Antiques Roadshow in Skegness. The expert was delighted to reveal that in fact, the bottle was an original by William Burges – the renowned Victorian designer – which had been lost for most of the 20th century. The bottle was engraved with a spider’s web design of silver, enamel, moonstone and pearl and was valued at £20,000 – £30,000.

Silver Drinking Vessels Collection

After inheriting a collection of silver drinking vessels, a young man from Crawley brought them in to the Antiques Roadshow for examination. In an amazing discovery, each piece that emerged seemed to be more valuable than the last. The haul was valued at a remarkable £100,000, and later sold at auction for £78,000, needing some serious antiques insurance cover.

Faberge Brooch

A lady with a love for jewellery brought in a bumper bag of brooches to expert Geoffrey Munn at Chatsworth House. The guest had bought the bag at auction for just £30, and was shocked to when the expert pulled out each of the brooches and valued them successively for £125 – £150. That was until he spotted the real gem – a genuine pink Faberge brooch – valued at £10,000.

Lalique Vase

Possibly one of the canniest purchases to have appeared on the Antiques Roadshow was this 1929 work by celebrated designer Rene Lalique which later sold at auction for £32,450. The owner had bought it at a car boot sale in south Scotland for just £1.

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The Importance of a Balance Sheet

An individual has two primary tools for managing personal finances. The Personal Balance Sheet is ignored and the Budget is the darling of Financial Consultants and the media. The key to understanding personal finances is that you have to understand your Budget and Balance Sheet individually and also how they work in combination to give you a complete snapshot of your personal finances.

Your balance sheet is extremely important because it shows you where the gold is. It is your personal Fort Knox. It is also extremely important because you need to have a stash of gold in your personal financial picture. The gold in your Balance Sheet is not the Assets. They are the positive side of your Balance Sheet but the real picture of how much gold you have in your Fort Knox is your Net Worth. So just as important to your Balance sheet is your Liabilities. The total of your Liabilities is subtracted from the total of your Assets to give you your Net Worth.

You fill out your Balance Sheet and total up your Assets and Liabilities. You subtract the total of your Liabilities from your Assets. That number, your Net Worth will come out to either a negative amount, an amount of or near zero, or it will be substantially positive. These are the only 3 scenarios possible.

• If your net worth is a minus number, you are not managing your financial resources properly. Your Balance sheet is your report card and you are failing. It is that simple. If you are managing your money to deal with life's challenges and planning your personal finances with your retirement in mind, your Net Worth should be positive and growing. If your net Worth is positive, you can ride out financial storms like the current situation. At the time of your retirement, your Net Worth must be substantially positive so that you will be able to keep costs down and have investment income to replace your working income. During your working years, your Net Worth should be growing steadily because a retirement nest egg does not grow without years of nurturing.

• There are circumstances where where it is acceptable to have a Net Worth of Zero or near Zero. The first is when you are just starting out. It just makes sense that it would be zero. You may have student loans but that is offset by some form of education that will allow you to make more money in the course of your lifetime. The key is that this is the best time to start building your net worth. It allows the principal of compounding value to work its magic on your assets for decades. That saves you a lot of work later in life. However, most of us are not that wise and we find ourselves in our 30s and 40s with little or no Net Worth. This means you have less time for compounding to work. So you have to work harder and especially manage your money smarter to prepare for the financial challenges you face going forward. The nice thing is that you have probably made some mistakes that have made you much wiser. You should be able to recover much faster than you would have in your undisciplined youth.

• If you have a positive net worth that means that you are building assets. Just as important is that you are controlling your debt. This is the key that has probably gotten you to this situation. The key to a positive Balance Sheet is that debt offsets the value of your assets when you look at your personal finances as a complete picture so your debt / equity ratio should be less than one and get smaller and smaller. Debt servicing saps cash flow on your budget that could have been used to build assets that can be used to produce income in your retirement years. Clear title ownership of assets such as your home reduce cash draw and this is incredibly important as you approach retirement.

The financial crisis we are in now is described as a Balance Sheet crisis. We are in this crisis because nobody was paying attention to their Balance Sheets, not even at the rising heights of our financial infrastructure. The symptoms were everywhere. While researching I found that the top sites on the internet for Balance Sheet are those who want to sell you something so that they can gain access to any assets on your balance sheet that might be left after this disaster. Before the disaster, the only thing that had any importance was whether a potential buyer of anything could afford to make the payments on whatever he was buying assuming he made 120% of his declared income. The most outrageous symptom was that people would take appreciating home equity and borrow against it to buy depreciating assets and consumer goods. They overbooked their budgets and now they have gutted their balance sheet.

The resulting loss of home values ​​is the disaster we have now where people have either a zero or minus Net Worth. The other aspect is that we are now wiser. For the good of our society and our financial infrastructure we had better be. Going forward we must pay attention to our Balance Sheets and recognize that is where the gold is. You must save and protect your gold. Net Worth is where financial power is and that is the Importance of a Balance Sheet.

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Insurance Auto Auctions – Get Great Deals on Salvaged Cars and Trucks

Insurance auto auctions are a great way to get a great deal on salvaged cars and trucks. In fact, the company Insurance Auto Auctions is one of the most commonly used specialists in this area with auto auction locations throughout the United States. The company has been around since the early 1990s providing a variety of auto auction services for car owners, car buyers, and car sellers. If you are looking for a good way to get a car at a cheaper rate, insurance salvage deals are a great option!

Salvage vehicle auctions involve several elements – including a facilitation between buyer and seller as arranged by the Insurance Auto Auctions company. Although IAA is one of the more well known companies in this part of the automotive industry, many other companies exist with the same auto salvage specialty.

Automotive salvage occurs when an insurer considers a vehicle to be a "total loss" in insurance terminology. Essentially, this means that the vehicle is of no use to the insurance provider and the insurance carrier. When this happens, the salvaged vehicle can be sold or parted out. Many major insurance companies work with Insurance Auto Auctions, Inc. And similar companies. You will not be surprised to learn that Farmer's Insurance, and even GEICO are just some of the names on the IAA list of regular clients.

Percentage salvage auction sales are more common these days as such companies work hard to get a piece of the action! When a salvaged car is sold at rock-bottom prices, the insurance agency provider is very interested in obtaining rights to at least a small percentage of the insurance auto auction. Since this practice has become more common in recent years, more and more insurance agents and their representatives are seeking percentage shares with companies like Insurance Auto Auctions.

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BCIN? Difference Between Designer, Architect and Engineer According to the Ontario Building Code

As I meet with new clients and friends every day, I commonly hear the same questions “What is a BCIN?” “When is a BCIN required?” etc. Here is some clarification to the public on some important issues about choosing a company to provide you with plans. Please note that this information applies only in the Province of Ontario.

What is a BCIN?

A BCIN stands for ‘Building Code Identification Number’. This number is assigned by the Ministry of Municipal Affairs & Housing, to successful applicants who have completed the requirements outlined in Division C Section 3.2 of the Ontario Building Code. There are two distinct types of BCIN number, individuals & firms. Individuals are people who have completed the exams and have received a BCIN from the MAH; however, they do NOT carry any insurance. As a result this limits the types of projects that the person can do. Firm BCIN’s on the other hand MUST carry valid liability insurance, and depending on the amount of designs fees that a firm charges in a year will dictate the required amount of insurance coverage they must have. Insurance is expensive but it is there to protect you so avoid working with companies who do not have it. For most people, a home is your single largest asset; do you really want to get plans from someone without insurance?

How do I know if I am choosing a registered company?

The Ministry of Municipal Affairs & Housing maintains a database of all registered BCIN holders. The registry is available through a system called QUARTS. Once on the Public Registry, this system allows you to search by the individual’s name, the company’s name or the BCIN #. Once you have found a business or individual, it will bring you to a page with details on the company. It lists the mailing address of the business & contact details. At the bottom it should also show the Registration as ‘Registered Designer’ and the Status as ‘Current’. If it shows up as ‘lapsed or expired’ then this means that they either do not have valid insurance for that year, or that they are late in filing their paperwork.

Do I need an architect or engineer for my project?

Probably not! There have been massive changes to the system in the last few years, opening the doorway for a new title; designers. Architects & Engineers are NOT required for any project less than 600m² (6,458 sq.ft.) and less than 4 storeys. For most residential and small commercial projects, you do NOT need an architect or an engineer. However, and this is important, if the project involves severe structural modifications, an engineer may be requested by the municipality to review the plans. On this note, there is a BCIN exam which will supersede this requirement! If your design company is a registered company in the Category of ‘Building Structural’ then they can complete the plans.

When do I need a BCIN ‘stamp’ for my project?

Depending on the type of project you may or may not need a BCIN number on your drawings. You do not need a BCIN number if the project relates to the construction of a house that is owned by the person who produces the drawings or if it relates to a farm building less than 3 storeys. There are a few other instances, but these are probably the two most important. Often I hear homeowners ask for just the drawings to submit for permit (no stamp). This is allowed, but as the homeowner you must be knowledgeable of the drawings (after all, you are claiming that you have produced them). It is okay to admit to the municipality that you hired someone to draw them for you, but at the end of the day you will be responsible to ensure that the drawings meet code. If the city has approved your building permit based on the drawings and you proceed to build your project to the drawings only to later find out that there is a problem, you will be on the hook to make any necessary adjustments to pass inspection. Most companies will charge from $200 to $2000 for the use of their BCIN number on the drawings. This may seem expensive but it is the security blanket that will keep you safe and ensure that your drawings meet code! I also personally apply for the permits and handle all the paperwork on my client’s behalf when I charge this fee; which most people prefer as nobody likes to stand in line for half a day to submit paperwork to the City.

I hope that this will help to clarify any questions you may have had regarding the requirements of having someone produce building permits for your project. I look forward to working with you, and if you have any questions then please don’t hesitate to ask!

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Land Trusts in California

In California, general trust law is found in the Probate Code §§15000-19403. There is no specific land trust statute in California, unlike Illinois land trust law, (765 ILCS 405/410/415/420), Massachusetts business trust (MBT) law (M.G.L.c.182, §2), and Virginia land trust law (Va. Code Sec. 55-17.1).

So, land trusts created in California for California property are based on general trust law in the aforesaid California Probate Code. But an out-of-state land trust may be formed that would hold title through the trustee of a California property, to take advantage of more beneficial statute and case law of another state. Indeed, the Virginia Supreme Court in Air Power, Inc v. Thompson, 244 Va. 534, 422 S.E. 2nd 786 (1992), has confirmed that Va. Code Sec. 55-17.1 gives the trustee of a land trust both legal and equitable power of the real property, which protects the privacy of the beneficiaries.

Indeed, since California does not have a specific land trust statute, there is no legislative history nor developed case law on it in this state, only California general trust law and case law. But a general trust law may have some advantages over a specific land trust statute with more requirements. Indeed, Illinois land trust statute (75 ILCS 435) requires that holders of power of direction owe fiduciary duties to holders of beneficial interests. California general trust law does not have a similar requirement.

In any event, the avoidance of probate over a real property in a land trust trumps all difficulties in its creation.

I. California General Trust Law:

A. Creation Of Trust:

California Probate § 15000 states that “(t)his division (Division 9 of the Probate Code) shall be known and may be cited as the Trust Law.” And § 15001(a) states that “(e)xcept as otherwise provided by statute: This division applies to all trusts regardless of whether that were created before, on, or after July 1, 1987.”

Among other methods of creating trust, a trust may be created by: “(b) (a) transfer of property by the owner during the owner’s lifetime to another person as trustee,” under § 15200(b) of the California Probate Code. And “a trust is created only if there is trust property,” under § 15202 thereof.

“A trust may be created for any purpose that is not illegal or against public policy,” under § 15203 thereof. A land trust is not for an illegal purpose, nor is it against public policy in California, although it is not widely used in this state.

And “a trust, other than a charitable trust, is created only if there is a beneficiary,” under § 15205 thereof.

B. Trust Of Real Property And Personal Property:

So as not to violate the Statute of Frauds, which requires a written instrument to be enforceable, §15206 states that “a trust is relation to real property is not valid unless evidenced by one of the following methods: (b) By a written instrument conveying the trust properly signed by the settlor, or by the settlor’s agent if authorized in writing to do so.”

And under § 15207 (a) thereof, “(t)he existence and terms of an oral trust of personal property may be established only by clear and convincing evidence.” Under § 1528 thereof, “consideration is not required to create a trust….”

Lastly, “a trust created pursuant to this chapter (1, part 2, Division 9 of the Probate Code) which relates to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located,” under § 15210 thereof.

II. Mechanics Of A Land Trust:

A. Advantages And Benefits:

(1.) Privacy:

One of the much-heralded advantages of a land trust is that a grant deed-in-trust of a trust property in the name of a different trustee (private or institutional) may be recorded with the County Recorder, but the land trust agreement that states the names of the truster/settlor/investor and the beneficiaries is not recorded.

Thus, the creator/grantor of the land trust: the trustor/settlor who invests in real property can keep his/her/its name, as well as the names of the beneficiaries out of the County Recorder’s and County Assessor’s books, and to a certain extent hide the investment from public view.

But a judgment creditor of a trustor/settlor or of a beneficiary can subject the latter to answer written interrogatories on his/her/its assets, or to debtor’s examination under oath in court to determine assets, and not merely rely on County Recorder and Assessor asset searches.

The land trust agreement may also use a name for the land trust different from the name of the trustor/settlor who created it. This is another asset protection benefit. And if the beneficiary thereof is also the same trustor/settlor, the latter may designate his/her living trust or wholly-owned limited liability company as the beneficiary to hopefully avoid gift tax issues.

(2.) Avoidance Of Probate:

Moreover, just like successor trustees may be designated in the land trust agreement, successor beneficiaries may also be selected to avoid disruptions in distribution of trust assets at termination of the trust, outside of probate proceedings.

A land trust may be created as revocable (terms of the agreement may be changed) or irrevocable (cannot be changed), but the latter requires the filing of separate tax returns and is taxed at a higher rate than the trustor/settlor’s individual tax rate, unless considered a simple trust in which all incomes created are taxed to beneficiaries. For federal income tax implications, if the grantor/trustor is also the beneficiary, the Internal Revenue Service (IRS) classifies it as a grantor trust that has tax consequences that flow directly to the trustor’s Form 1040 and state return.

(B.)Disadvantages And Pitfalls:

(1.) Separtate Agreement For Each Property:

In order to preserve the privacy of the investment or transaction and the asset protection benefits of the land trust, only one real estate property can be listed as held in it. Thus, a different land trust agreement is created for each property. This could be cumbersome, although the same trustor/settlor, trustee, and beneficiary can be named in each agreement.

(a) Simpler Alternatives:

Simpler alternatives are to purchase investment or rental properties through a limited partnership (LP) or a limited liability company (LLC), or transfer such properties to a more flexible living trust that does not require the filing of separate tax returns, or transfer the ownership interests of an LLC (not title of the property) to a living trust.

An LLC may also create a land trust by conveying title of a property to the trustee, and designate itself (LLC) as the beneficiary for privacy of ownership. Sometimes less is more; for indeed, creditors can see through and have recourse against avoidance of execution of judgment on properties through asset protection schemes. And transfers of ownerships of properties may result in tax assessments.

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