Nebraska Approval of transfer of outstanding stock with copy of Liquidating Trust Agreement
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How to fill out Approval Of Transfer Of Outstanding Stock With Copy Of Liquidating Trust Agreement?
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FAQ
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 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.
Liquidating trusts ordinarily do not last more than five years; however, this period can be extended with bankruptcy court approval if there is remaining litigation to resolve or distributions to make.
However, if a liquidating trust is established for a corporation that is in bankruptcy, an EIN for that trust is required.
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.
Regardless, once a trust becomes irrevocable, it is no longer in the hands of the individual who created it. An irrevocable trust is going to need a tax ID (also known as an employer identification number) because it can no longer use the SSN or ITIN of the individual (or individuals) who created it.
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)).
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.