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Aug 6th, 2022
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How to Set index 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 c

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Answer. Liquidating distributions (cash or noncash) are a form of a return of capital. Any liquidating distribution you receive is not taxable to you until you recover the basis of your stock. After the basis of your stock is reduced to zero, you must report the liquidating distribution as a capital gain.
However, if a liquidating trust is established for a corporation that is in bankruptcy, an EIN for that trust is required.
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)).
A liquidating dividend is a type of payment that a corporation makes to its shareholders during a partial or full liquidation. For the most part, this form of distribution is made from the companys capital base. As a return of capital, this distribution is typically not taxable for shareholders.
liquidating trustee: person or entity charged with carrying out the Plan of Liquidation while representing the estate of the debtors. counsel: lead counsel for the liquidating trust, who may also serve as liquidating trustee, and local counsel, who normally focuses on matters specific to the jurisdiction.
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.
Beneficiaries of a trust typically pay taxes on the distributions they receive from the trusts income, rather than the trust itself paying the tax. However, such beneficiaries are not subject to taxes on distributions from the trusts principal.
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.
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)).
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.

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