The IRS has concluded that a gun trust (a particular sample it reviewed) qualifies as an “ordinary trust” under Treas. Reg. section 301.7701-4 even though it has no ascertainable beneficiaries.
(None of the gun trusts I draft are like this, but there are all sorts of “gun trusts” available out there.)
Here it is: Internal Revenue Service Information Letter 2015-0039 (released Dec. 24, 2015)
CAUTION: A gun trust used for NFA firearms must still be valid under state law, or you could face stiff penalties.
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David R. Duringer, JD, LL.M, is a concealed firearm instructor and tax lawyer specializing in business and estate planning. He is managing shareholder at Protective Law Corporation, serving Southern California from its Laguna Hills (Orange County) headquarters and a satellite office in Coronado (San Diego County).
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