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#2215092 - 06/06/19 01:54 PM loan to LLC owned by trust, trustee is the LLC
Burgess Offline
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Joined: Jan 2004
Posts: 1,621
circular reference.
Loan to a trust, and the trustee is the trust.
we do have an individual as the manager.

is this a case that we list the manager as the person in control and get on with our lives?
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#2215099 - 06/06/19 02:19 PM Re: loan to LLC owned by trust, trustee is the LLC Burgess
ColoradoAML Offline
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Joined: Mar 2018
Posts: 343
I would have a lot of questions about why the structure is what it is, and without a good explanation, I would probably be heading toward a SAR filing. There may be a legitimate reason for this, and I'd be very curious to hear it, but I can't think of anything other than evasion.

By the letter of the rule, I believe you would name the LLC as it's own owner and the manager as the control person. By the spirit of the rule, that seems insufficient and is taking advantage of what seems to me to be a poorly considered FAQ answer.

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#2215101 - 06/06/19 02:28 PM Re: loan to LLC owned by trust, trustee is the LLC Burgess
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
I really don't understand what this means "Loan to a trust, and the trustee is the trust."

Exactly where does the LLC come into play?
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2215103 - 06/06/19 02:30 PM Re: loan to LLC owned by trust, trustee is the LLC Burgess
Burgess Offline
Diamond Poster
Joined: Jan 2004
Posts: 1,621
sorry
Loan to an LLC that is owned by a trust and the trustee is the LLC
that is the circular reference.
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#2215105 - 06/06/19 02:37 PM Re: loan to LLC owned by trust, trustee is the LLC Burgess
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
You need your legal counsel involved before you touch this.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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