specific question: trust vs. CLEO

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  • citycreek

    Plinker
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    0   0   0
    Apr 25, 2010
    23
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    As mentioned elsewhere on the forum, I've moved to Indiana recently and I'm a graduate student at Indiana University. Legally I am a resident of another state.

    In the near future I'm planning on forming a trust specifically for NFA items, but it seems to be complicated with my residency status while living in Indiana. For about two years I've been learning about trusts for use with NFA items, so I feel I have a solid understanding of the issues surrounding that.

    I'd prefer to set up the trust in my home state because it has some privacy benefits available, and for other reasons. Not sure about privacy of Indiana trusts. It sounds like if I form a trust in my home state while I'm here attending grad school at IU, I'd need another trustee in my trust who is located in my home state (at least until I'm done with school), and all purchases of NFA items would initially be going to the trustee in my home state, and then after each transfer, file a form 5320 to transport the item to Indiana. Does that sound right? Or I could not use a trust and instead try to get a CLEO signature in Monroe County, and later on down the road, transfer it to a trust, which would be a waste of $200.

    And that brings me to this point.

    Is it possible to get a CLEO signature in Indiana if I'm not a resident of Indiana? And does Monroe County's CLEO have a favorable attitude toward signing a form 4? Because it wouldn't work very well to get a CLEO signature in my home state because I'm not there. Unless I went back on a trip to make a visit to a CLEO. But then if I did that, the item would have to be picked up by me once the transfer was approved, which would require another trip out, and then stick it in a safety deposit box until I get an approved form 5320, which would require another trip out to pick up the item and bring it back to Indiana. Three extra trips if do it that way, so getting the CLEO signature here would be easier. Using the trust, only one extra trip. Getting a CLEO signature on the form in Indiana is zero trips.

    Any opinions on what to do in this situation? Beginning to sound like it would be easier to change my state of residency. But I'd still prefer to use a trust.
     

    CountryBoy19

    Grandmaster
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    Nov 10, 2008
    8,412
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    Bedford, IN
    Do you have a brother, parent close friend that is trustworthy and would be willing to do that for you?

    If so then it wouldn't be a problem to have them as a trustee on your trust.

    Honestly, being a resident has it's perks, and maintaining your residency in your home-state also has it's perks. I can't tell you which to do, but I can tell you what I would do. If it was me in your position, and you planned to return to your home-state, I would maintain the residency in your home-state and just deal with the occasional hassle that it causes.
     

    citycreek

    Plinker
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    Apr 25, 2010
    23
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    Bingo! Hell, you might even qualify for in-state tuition at IU.


    Not a chance. I looked into how to qualify for in-state tuition. IU has set up their system to make sure that any non-residents who come to IU and become residents of IN, that they remain non-residents "for tuition purposes." They even say that someone who started here as a non-resident student and later on ended up getting married to someone who was born in IN and lived here their entire life, must still pay out-of-state tuition.

    I don't think IU's in-state/out-of-state tuition policy is right, but they are the ones with the power. If I were to become a resident of IN, I'd have essentially a 0.0001% chance of qualifying for in-state tuition.
     

    jmb79

    Sharpshooter
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    Apr 3, 2008
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    Wyoming
    Not a chance. I looked into how to qualify for in-state tuition. IU has set up their system to make sure that any non-residents who come to IU and become residents of IN, that they remain non-residents "for tuition purposes." They even say that someone who started here as a non-resident student and later on ended up getting married to someone who was born in IN and lived here their entire life, must still pay out-of-state tuition.

    I don't think IU's in-state/out-of-state tuition policy is right, but they are the ones with the power. If I were to become a resident of IN, I'd have essentially a 0.0001% chance of qualifying for in-state tuition.

    Yes, you are correct and I was kind of kidding. IU's policy is similar to the policies of most state universities with which I am familiar. So you can at least take comfort in the fact that you'd still be an Ohio resident for tuition purposes no matter where you went.
     
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