Liquidating Trust Agreement Forms

State:
Multi-State
Control #:
US-02155BG
Format:
Word; 
Rich Text
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Description

Liquidating trusts can be established in various circumstances. Among the more common are where business assets are placed in trust for the benefit of creditors of an insolvent business or where the sole owner of a going business dies leaving no heir capable or willing to continue it. If the primary purpose of the trust is to liquidate the business in orderly fashion by disposing of the assets as soon as is reasonably possible, the liquidating trust will be taxed as an ordinary trust and not as a corporation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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 most important item to remember is that, in order for a liquidating trust to be respected as a trust for purposes of the Code, it must be formed with the objective of liquidating particular assets; its activities must be reasonably necessary to, and consistent with, the accomplishment of that purpose; in general,

Distributions, if any, by the Liquidating Trust to beneficiaries generally should not be taxable to such beneficiaries. The state and local tax consequences of the transfer of assets to the Liquidating Trust may be different from the federal income tax consequences of such transfer.

The Liquidating Trust is classified under IRS regulations as a Grantor Trust, which is why the MBAF letter is addressed to you as a Grantor. The attached form to the Grantor Trust Letter reports your pro rata share of Liquidating Trust income, net of Liquidating Trust expenses, for the year ended December 31, 2019.

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Liquidating Trust Agreement Forms