Banks that do NFA trust checking accounts?

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  • Arcamm

    Ultimate Member
    MDS Supporter
    It would seem that a 'trust account' is no more property of the trust than your bank account is property of your mortgage. I realize it's a little different but, think of it. It funds the trust, it's not an item of the trust.

    Schedule A is for listing assets of the trust. Does not have to be a NFA item. It can be anything the trust owns. Your trust is not active until you have property listed in the schedule A.

    I think this is the point of having an EIN. The EIN adds a level of "existence" to the trust. The bank account is tied directly to the trust via the EIN, thus funding it.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,179
    Talking with a friend about his trust; he has a separate account just for the trust. Do his deposits into that account require an assignment of property/do they need to be noted on the trust's Schedule A? I say yes, he says no...but neither of us is lawyers.

    Short answer is no. Money is not an item "of" the trust. Only a mechanism of it. And I am not a lawyer. I'm a knuckle dragging cave man.:)
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,140
    DPR of MoCo
    Schedule A is for listing assets of the trust. Does not have to be a NFA item. It can be anything the trust owns. Your trust is not active until you have property listed in the schedule A.

    Short answer is no. Money is not an item "of" the trust. Only a mechanism of it. And I am not a lawyer. I'm a knuckle dragging cave man.:)

    More disagreement. Can we get Rusty in here? He's a fan of using the trust account.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,179
    Your trust is not active until you have property listed in the schedule A.

    I thought your trust was activated the moment you sign and have it notarized. At that moment it is ready to receive its first item. You can't have an ''uncaused first cause'' i.e you can't buy and register an NFA into/via a trust without first having a trust.
     

    Lex Armarum

    Ultimate Member
    Oct 19, 2009
    3,450
    More disagreement. Can we get Rusty in here? He's a fan of using the trust account.

    The short answer is that the Schedule A is a mechanism for keeping track of property in the trust. Cash/money is property of the trust. You should keep track of it. I recommend that clients simply update the account balance on the Schedule A any time money is debited/credited to the trust bank account and keep records of deposits/expenditures of trust funds.
     

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