For more than four decades, Howard Rosen has built a reputation as one of the most trusted voices in asset protection and taxation. A Certified Public Accountant since 1974, Rosen combines deep knowledge of tax law with decades of practical experience in helping clients shield their wealth from risks. On this episode of The Attorney Post, Rosen discussed the evolution of offshore trusts, common misconceptions surrounding asset protection, and his advice for both clients and young attorneys.
Howard Rosen’s career has been marked by a steady focus on taxation and wealth preservation. During law school, he took ten tax courses, cementing his expertise in the field. Since 1991, he has led his firm, ProtectYou.com, with a singular mission: to provide reliable offshore-based asset protection services. Over 33 years, his team has guided business owners, doctors, and entrepreneurs through the complex process of safeguarding assets against potential creditors and legal threats.
Interestingly, Rosen notes that his clientele has shifted in recent years. While physicians once represented the bulk of his clients, today many are businesspeople who have sold their companies and seek to preserve the resulting wealth. ProtectYou.com has become a trusted destination for those concerned about long-term security.
Offshore trusts remain one of the most effective tools for asset protection. Rosen explains that when properly structured, these trusts can shield assets from creditors in ways that U.S.-based structures cannot. The Cook Islands, in particular, has played a pivotal role in this field since enacting its International Trust Act in 1984. With no treaty obligations to the United States, the Cook Islands has repeatedly rejected U.S. court judgments, providing a strong layer of protection for clients’ assets.
Rosen has personally traveled to the Cook Islands more than 20 times for business and due diligence. He emphasizes that no creditor has ever reached assets held in a properly structured offshore trust, highlighting the robustness of these arrangements. Clients range from individuals with several hundred thousand dollars to billionaires with up to $10 billion in protected funds.
Despite the strength of offshore trusts, Rosen warns that many clients—and even some inexperienced attorneys—misunderstand how they work. A frequent misconception is that clients can maintain control over assets once they are placed in an offshore trust. In reality, clients are discretionary beneficiaries, meaning distributions are at the trustee’s discretion. Trying to control the trust directly can undermine its legal validity.
Another misconception involves taxation. Rosen clarifies that moving money into a trust and later receiving it back is not a taxable event for federal purposes. However, gift taxes may apply when distributions are made to beneficiaries, depending on the amounts involved. Mismanagement of these details, especially by practitioners using “bare bones” trust forms, can create significant and costly tax issues.
Equally challenging is the tendency of some clients to ignore professional advice. Rosen stresses that failing to follow trust guidelines can expose assets to unnecessary risks, undermining the very purpose of asset protection.
Rosen’s firm has achieved a remarkable record: in more than three decades of practice, he claims a 100% success rate in protecting client assets. This outcome, he argues, comes from meticulous planning, strict adherence to due diligence, and avoiding shortcuts.
Reflecting on his years in the field, Rosen also offers advice for younger lawyers. He cautions them to prioritize learning before speaking, recognizing that deep knowledge is built through patience and humility. At the same time, he acknowledges that modern practice has grown more difficult due to increasingly stringent due diligence requirements. These challenges, however, underscore the importance of expertise and precision in asset protection law.
Howard Rosen’s perspective is rooted not in theory but in decades of real-world outcomes. From helping business owners secure wealth after the sale of a company to guiding families through the complexities of offshore trusts, his career illustrates the vital role of asset protection in modern financial planning.
As he makes clear, asset protection is not about evading responsibility—it is about safeguarding what clients have built, ensuring stability for their families, and preparing for an uncertain future. Offshore trusts, when properly established and managed, remain one of the strongest tools available to achieve those goals.
Donlevy-Rosen & Rosen, P.A.
2121 Ponce de Leon #320
Coral Gables, FL 33134
(305) 447-0061
Online at: Donlevy-Rosen & Rosen, P.A.
