Matthew Ledvina

By Matthew Ledvina , JD, LLM (US Taxation) Introduction  When it comes to wealth structuring in the US, traditional methods often center around the direct transfer of assets. However, there are circumstances where such asset transfer becomes either impractical or impossible, or where doing so could trigger complex tax implications. This article explores how private derivatives can serve as a versatile alternative for wealth structuring in the US.  Why Is This Important?  If direct asset transfers pose difficulties due to taxation, legal constraints, or other issues, private derivatives present an avenue for transferring the economic value associated with an asset. This is especially applicable to business owners, executives, and fund managers in the realms of private equity, venture capital, and hedge funds.  Understanding Private Derivatives  Private derivatives are contractual frameworks that enable individuals to transfer the economic upside linked to an asse...

Matthew Ledvina , JD, LLM (US Taxation) outlines essential considerations for foreign trustees in relation to trusts linked to Switzerland.  Key Considerations  Identifying the Challenge  Trustees are increasingly finding themselves entangled in Swiss civil and criminal legal proceedings. They are becoming common participants in intricate transnational disputes and often find themselves in the crosshairs of disgruntled beneficiaries, alienated family members, or former spouses.  What’s at Stake for Me?  It's crucial for foreign trustees to recognize that they might be subject to litigation before Swiss courts, especially if the trust is managed in Switzerland or the settlor resides in Switzerland.  Key Takeaways  Maintaining an understanding of how Swiss laws, both procedural and substantive, can influence the administration of a trust—and most critically, its assets—is vital. This knowledge can help in circumventing unforeseen complications.  Det...