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A: "Grantor trust" is a term used in the Internal Revenue Code to describe any trust over which the grantor or other owner retains the power to control or direct the trust's income or assets.
The Liquidating Trust is classified under IRS regulations as a Grantor Trust, which is why the BDO 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, 2022.
Trust will be classified for federal income tax purposes as a liquidating trust under section 301.7701-4(d) of the regulations. 2. Trust will be a grantor trust and the Beneficiaries of Trust will be treated as the owners of Trust under sections 671 and 677 of the Code.
Any trust that is not a grantor trust is considered a non-grantor trust. In this case, the person who set up the trust has no rights, interests, or powers over trust assets. Because they are taxed as a separate entity, non-grantor trusts are required to have their own TIN.
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.
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.
Liquidating trustee: person or entity charged with carrying out the Plan of Liquidation while representing the estate of the debtors.