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Thread: Transfer into a Trust

  1. #1
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    Transfer into a Trust

    I did a search but did not come up with an answer.

    If I already own a NFA item on a form 1 or 4 [in my name] and want to transfer it into my family trust, do I pay another $200 for each item? And, I would use a form 4?

    Thanks for any help.

  2. #2
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    Damn! I think you'd have to F4 it.

    Why would you want to do this? I guess if you're talking about expensive machine guns the $200 is negligible, but still.

    I look at the whole thing like this... I just want to have some damned document to show to the man if I have to. I don't care if it's a trust, a Shcmust or whatever. Just give me the stamp and leave me alone.

  3. #3
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    All of my F1 and F4 are in my trust. You would have to pay $200 for the new owner (the trust) to be transferred the item. The only exception, I think, would be if you die first. That may still require the fee, I'm not positive.

  4. #4
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    The law generally views a legal entity as a separate "person" - that includes a trust, a corporation, a LLC, etc.

    So if you are transferring a NFA item that you own personally to that entity then yes, that is a separate taxable transfer from you (person A) to the entity (person B) - you would have to do a Form 4, pay the $200, wait the 2 or more months for it to be processed, etc.

    I know it seems bizarre and arbitrary especially if you are the sole owner/officer/trustee in the entity, but you have to do it if you want the trust to be the owner.

  5. #5
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    Why would you do this transfer?

    The ATF has now decided that items do not transfer out of a trust on a form 5.

    Leave it where it is and it will go to an heir on a form 5

  6. #6
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    Everyone, thank you for the info.

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