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Ask a Lawyer -- Corporations Question 12
Question: Can the shares of an S-Corporation be transferred into a Revocable Living Trust?
Response: Under Internal Revenue Code Section 1361(c)(2), a trust "which is treated as owned by an individual who is a citizen or resident of the United States" can be an S corporation shareholder. A revocable trust, for tax purposes, is treated as owned by the grantor of said revocable trust. Thus, as long as the grantor is a US citizen or resident, then a revocable trust can be an S-Cop oration shareholder. Link to additional information, see paragraph entitled "S Corp Stock Held in Trust."
Submitted: 1-23-2006; Frank, TX
Response: 1-27-2006; JJR
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