From ChargingOrder.com

Site: Tax Treatment Of Charging Order

Topic Tax TopicsTaxDistribution




Despite a wealth of misinformation about the subject found on the Internet, taxable distributions in the charging order context are quite simple:

Creditor Holds A Charging Order Lien: Even though the creditor gets the economic distribution, the taxable distribution goes to the debtor/member who gets to pay it (and not the creditor).

Charging Order Lien Has Been Foreclosed: The purchaser at the judicial sale of the debtor/member's (now-former) interest becomes an assignee of the interest (albeit an involuntary assignee with no management, voting or information rights, etc.), and thus the taxable distributions go to the purchaser.


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Page last modified on March 24, 2022, at 03:46 AM