Tax Shield Video 3
The Expanded Worldwide Planning Stories Video Series
International Tax Planning
Welcome. For real estate investors, there are very substantial benefits to using an asset structure that embodies the principles of Expanded Worldwide Planning, or EWP for short. This is true for U.S. persons and non-U.S. persons alike. A properly designed EWP structure both eliminates tax on rental income and tax on the sale of real estate. This is a very powerful result.
Our video details the disreputable methods used by Conservation for Nature’s appraiser, Jay Edwards. Jay’s inflated appraisals give investors unwarranted tax deductions, while the pressure to achieve these inflated appraisals exact an unhealthy influence on Jay’s life in the form of his increased consumption of alcohol and cigarettes. Jay also finds himself in trouble with the Department of Justice and the Tennessee state real estate appraiser board.
When Jay Edwards began a land appraisal project, he had a single goal—to produce the highest valuation possible. He had had 30 years to hone his skill of inflating appraisals. When he had done retail appraisals at the height of the refinancing boom in the early part of this century, his services were in high demand.
The promoters at Conservation for Nature, want a high valuation, because that in turn produces a large tax deduction for its investors. On one deal in South Carolina, they had acquired a property of 28 acres for $1M, then raised about $9M from investors who bought the property.
The investors made an easement donation based on a claimed value for what the land would be worth if developed as a multifamily resort. Jay’s appraised projection produced a tax deduction of about $39M. The tax write off for investors: $4.00 for every $1 invested.
Of late, the promoters at Conservation for Nature, were pressing Jay for higher and higher numbers. His increased consumption of cigarettes and alcohol was keeping pace with these higher numbers. A number that was going in the opposite direction were his hours of sound sleep. He could not remember when he had last had a restful night’s sleep.
Jay had become a character in an old joke; the one the Mafia hired. It went like this.
The Mafia needed a new accountant, so they interviewed three people. They asked the first interviewee, “How much is 2 + 2?”
“Four,” he answered.
“Sorry, that’s not right,” said the Mafia boss.
They asked the next candidate, “How much is 2 + 2?”
“Four, of course,” he said.”
“That’s not right,” said the Mafia boss.
They asked the third accountant the same question.
He responded, “What number do you want it to be?”
The Mafia boss said, “You’re hired.”
The joke was now becoming stale. Conservation for Nature was being investigated by the Department of Justice. The Tennessee state real estate appraiser board brought a formal complaint against Jay, after a detailed review of one of his easement appraisals found an inflated valuation riddled with errors and omissions.
Threatened with the loss of his Tennessee license, Jay voluntarily surrendered it instead. However, he continued to work for Conservation for Nature in states where the appraiser for a conservation easement was not required to be licensed by the state, and so continued to ply his disreputable trade.
In our next video, we find George Allbright at crossroads on whether to do business with Conservation for Nature. George is able to firmly decide against doing business with Conservation for Nature after the appraiser, Jay Edwards, telephones George in a very drunk condition. George knew Jay from college days, and describes him as a guy who would sleep with his best friend’s wife.
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The opinions expressed in this video are for general informational purposes only and are not intended to provide specific advice or recommendations for any individual on any financial structure, investment, or insurance product.
by Michael Malloy, CLU TEP RFC.
CEO, Founder @EWP Financial