[WSBAPT] Referral for Attorney to Set Up Deferred Sales Trust

[Diane J. Kiepe]

Hello Natalie,

I am familiar with IRC 453 related to deferred sales.  I believe however you may have been given incorrect information regarding effect of such a sale through a trust as to creditor’s of a decedent.  It would seem odd to allow creditor’s to loose their preferred position by deferred sale.

I have been doing this for only 17 years but I feel like it you could get money to a beneficiary rather than a creditor via 453 I would have  heard of it.  Also never heard of it during my accounting and LL.M in Tax studies (but of course that was eons ago 😉)

Best,

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Natalie Kuehler
Sent: Thursday, August 5, 2021 11:59 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Referral for Attorney to Set Up Deferred Sales Trust

Hello all,

I have a client in need of an attorney with experience in setting up an irrevocable Deferred Sales Trust for a real property sale under Section 453 of the IRC. I understand that this is a mechanism by which capital gains taxes can be deferred if real property is sold in an insolvent sale and proceeds are distributed to a trust with an independent trustee, and then disbursed to the beneficiary (i.e. the original seller) over time. Capital gains taxes then accrue only at the time of distribution of any portion of the trust corpus.

I’d appreciate any and all referrals!

Thank you,
Natalie



Natalie N. Kuehler
KUEHLER & GRIM PLLC
PO Box 3059 – 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 – c (509) 557-5769
www.kuehlergrim.com<http://www.kuehlergrim.com>

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