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Unlike the grantor of a revocable trust, the grantor who creates an irrevocable trust cannot unilaterally terminate the trust. However, the trustee and beneficiaries can liquidate the trust by unanimous consent or on the occurrence of the right conditions.
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)).
However, if the trust is classified as a grantor trust, it is not required to file a Form 1041, provided that the individual grantor reports all items of income and allowable expenses on his own Form 1040 or 1040-SR, U.S. Individual Income Tax Return.
A Grantor letter specifying the income earned by the trust is filed with the 1041 and issued to the a Grantor. The Grantor uses this to report the income on his 1040. The payer issues a 1099 (or K-1) to the trust but uses the Grantors SSN. The income is reported directly on the grantors 1040 and no 1041 is filed.
A liquidating trust is treated as a trust for the purposes of the Internal Revenue Code because it is formed with the objective of liquidating particular assets and not as an organization having as its purpose the carrying on of a profit-making business which normally would be conducted through business organizations
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A grantor trust means that you, as the grantor (the person who established the trust by gift or grant), retain certain powers over the trust that result in you continuing to pay income tax on the trust assets.
Lets walk through three steps to liquidating assets.How to Liquidate Assets Step 1: Collect and inventory all estate property. step 2: Verify the value of all estate assets. step 3: Sell, distribute, or dispose of the assets.
For example, trusts are created when performing estate planning to ensure the assets get distributed properly to the named beneficiaries upon the death of the owner. However, a grantor trust is any trust in which the grantor or owner retains the power to control or direct income or assets within the trust.
A liquidating trust is a new legal entity that becomes successor to the liquidating fund. The remaining assets and liabilities are transferred into the newly formed trust and the former owners of the liquidating fund become unit holders or beneficiaries of the trust.
The purpose of a liquidating trust is to: Collect and hold assets and claims of the debtor as specified in the bankruptcy plan. Liquidate the trust assets. Resolve disputed claims.