Transfer ownership to trust

**Sallen123** · June 27th, 2015, 05:31 PM

I am looking into creating an NFA trust. I have an M92 PAP pistol that I would like to add a folding stock to from USMachinegun.com. Before doing that, obviously, I want to create a trust and file the appropriate forms with the ATF and pay my $200 "privilege " tax. My question is do I need to transfer ownership of the current pistol to the trust first, before filling out the SBR paperwork or do I transfer it to the trust after the tax stamp has come back? I have searched but haven't found clarification on this. Thanks.

**allen16323** · June 27th, 2015, 06:48 PM

Nope, by filing the form 1 under the trust you are transferring then. Just fill out the forms and send it in. But want to ask any reason for doing a trust and not individual?

**ftownkev** · June 27th, 2015, 06:48 PM

I would suggest creating your Trust first otherwise I believe you would have to pay the $200 tax to register it in your name then pay the $200 tax again to transfer it to the trust. I'm not 100% on that but that's what I believe is the case. If you need some one to set up your Trust I did mine with and suggest www.199trust.com you fill out a few questions online and within 24 hours I had my trust emailed to me. They also just lowered their price to they are only charging $59.

**Sallen123** · June 27th, 2015, 09:20 PM

It's my understanding that by doing it as an individual I would be the only one authorized to posses, use, or have access to the firearm. That would mean another safe that only me, not even my wife, has access to. By doing it as a trust and naming my wife & son as co-trustees they can have access & possession of the weapon without violating the law, as silly as that law is.

**allen16323** · June 28th, 2015, 08:56 AM

OK just wanted to make sure you where not trying to avoid CLEO sign off and finger prints because the rules on that change as of December. As for access to I was told by an ATF field agent that as long as they had a lock on them in a safe that was sufficient to comply with the restriction of.access.

**Mike_Golf** · September 6th, 2015, 07:08 AM

Originally Posted by ftownkev

I would suggest creating your Trust first otherwise I believe you would have to pay the $200 tax to register it in your name then pay the $200 tax again to transfer it to the trust. I'm not 100% on that but that's what I believe is the case. If you need some one to set up your Trust I did mine with and suggest www.199trust.com you fill out a few questions online and within 24 hours I had my trust emailed to me. They also just lowered their price to they are only charging $59.

Do the trust first as stated above and avoid an extra $200 transfer tax.