Black out period in the Liquidating Trust Agreement

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How to Black out period in the Liquidating Trust Agreement

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welcome back everybody i am your host as always gary winter this is our next video in our trust 101 series for trustees and beneficiaries of trust and welcome to the first video in phase two which is liquidating assets and paying bills for those of you who havent seen our previous videos in phase one i encourage you to go back and check those out we have a whole series on getting installed as a trustee notifying beneficiaries sending notices out and collecting different types of assets and eventually getting them all appraised so if youre at that point in the process and youre a trustee congratulations youve finished phase one welcome to phase two and today in this video were going to be talking about liquidating assets uh liquidating meaning a fancy word for selling stuff and so in in our video today i want to give you some things to think about number one uh does the will or trust even authorize the sale of of the asset number two do we even need to sell the asset to generate ca

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How does a liquidating trust work?

Liquidating trusts are funded with assets held for the benefit of creditors who may have a claim against the debtor. These trusts can exist from several months to several years, depending on how long it takes to liquidate the assets and work through various claims and settlements.

Are distributions from a liquidating trust taxable?

A liquidating trust formed for the primary purpose of liquidating and distributing the assets transferred to it is taxed as a trust, and not as an association, despite the possibility of profit ( Reg. 301.7701-4(d)).

Is income from a liquidating trust taxable?

A liquidating trust formed for the primary purpose of liquidating and distributing the assets transferred to it is taxed as a trust, and not as an association, despite the possibility of profit ( Reg. 301.7701-4(d)).

What type of trust is a liquidating trust?

Liquidating trusts are grantor trusts. The identity of the grantor depends on whether a letter ruling is obtained from the Service pursuant to Rev. Proc. 94-45.

What is required for a liquidating trust?

An organization will be considered a liquidating trust if it is organized for the primary purpose of liquidating and distributing the assets transferred to it, and if its activities are all reasonably necessary to, and consistent with, the accomplishment of that purpose.

Does a liquidating trust need an EIN?

However, if a liquidating trust is established for a corporation that is in bankruptcy, an EIN for that trust is required.

What are the benefits of a liquidating trust?

The objective of a liquidating trust is to expedite the wind-down process and to create efficiencies, allowing investors to receive proceeds in an orderly manner and removes the potential of liability claimed against the funds and/or its directors.

How long can liquidating trust last?

Liquidating trusts are funded with assets held for the benefit of creditors who may have a claim against the debtor. These trusts can exist from several months to several years, depending on how long it takes to liquidate the assets and work through various claims and settlements.

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