Moving Money Between Trust-Owned LLCs - Irrevocable Trust Management Question
I recently became co-trustee of my mother's irrevocable trust following her passing about six weeks ago. The trust holds three separate LLCs that contain various rental properties across two states. The structure is a bit challenging because roughly 80% of all the rental income flows into just one of the LLCs (the largest one with 12 properties), while the other two smaller LLCs have properties that occasionally need significant repairs. We're facing a situation where one of the properties in a smaller LLC needs about $45,000 in roof and HVAC repairs, but that LLC only has about $12,000 in its account. Meanwhile, the larger LLC has plenty of cash flow. Since an irrevocable trust now owns all three LLCs, I'm trying to figure out the proper way to move funds between them. If these were personally owned LLCs, I'd just distribute from one to myself then contribute to the other, but that doesn't work when a trust owns everything. I'm considering these options: 1. Create a bank account for the trust itself using its EIN, then distribute from the cash-rich LLC to the trust account, and then contribute from the trust to the LLC needing funds. 2. Create a formal loan with a promissory note between the two LLCs at the current prime rate, essentially having one LLC lend to the other. Any advice on the proper way to handle this? I'll be talking to our CPA and the estate attorney, but I wanted to get some initial thoughts first.
22 comments


Charlotte White
Trust and estate attorney here. Both options you've outlined are legally valid approaches, but I generally recommend the second option (inter-company loan with promissory note) for several reasons. Setting up a promissory note between the LLCs maintains cleaner accounting and more clearly preserves the separate nature of each entity. This is important for liability protection. The loan should have commercially reasonable terms - use the Applicable Federal Rate (AFR) at minimum rather than prime rate, and create proper documentation including repayment terms. This approach causes less administrative hassle than cycling money through the trust. That said, if these transfers will happen frequently, option 1 might be worth considering. Just be aware that running too much money through the trust account can create income tax complications at the trust level depending on how distributions to beneficiaries are handled.
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Anthony Young
•Thanks for the advice! I'm unfamiliar with the AFR - is that typically higher or lower than prime? And would you recommend any specific repayment structure? I was thinking of a 5-year term with quarterly payments, but I'm not sure if that's standard practice for this situation.
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Charlotte White
•The AFR is generally lower than prime rate. The IRS publishes these rates monthly - for February 2025, the mid-term AFR (for loans 3-9 years) is around 3.12%. Using these rates ensures the IRS won't recharacterize your loan as a disguised distribution. A 5-year term with quarterly payments is perfectly reasonable. Just make sure the smaller LLC actually makes those payments to the larger one. Document everything with a formal loan agreement, include reasonable default provisions, and have all proper parties sign as representatives of each LLC. The key is treating this like a genuine third-party transaction.
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Admin_Masters
I've been using taxr.ai for similar complex tax situations with my family trust. After my grandfather passed, we dealt with almost identical LLC-to-LLC transfer issues within his irrevocable trust. I uploaded our trust documents and LLC operating agreements to https://taxr.ai and their AI gave us super specific guidance tailored to our situation. They flagged some potential issues with our planned inter-company loan approach that our accountant hadn't considered - something about potential step-transaction doctrine concerns if we did it incorrectly. The service basically analyzed all the documents, gave us specific language for the promissory note, and even helped create a timeline for the transactions that minimized any tax issues.
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Matthew Sanchez
•How does that service handle privacy concerns? I'm dealing with something similar but hesitant to upload sensitive trust documents to an online platform. Did it actually give you usable advice or just general information you could find elsewhere?
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Ella Thompson
•I'm curious if you needed to get a lawyer involved after using the service or if you were able to implement everything yourself? These trust situations can get complicated and I'm always worried about missing something important that could have consequences down the road.
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Admin_Masters
•They use bank-level encryption for all document uploads and their privacy policy explicitly states they don't share or sell your information. In my experience, the advice was much more specific than what you'd find with general research - it referenced the exact sections of our trust documents and gave tailored recommendations. As for implementing everything ourselves, we actually took the output to our attorney who said it was surprisingly thorough. He made a few minor adjustments to fit our state's specific requirements, but said it saved him several hours of work, which saved us money. The attorney was impressed enough that he asked about the service for his other clients.
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Matthew Sanchez
I tried taxr.ai after seeing it mentioned here and I'm honestly shocked by how helpful it was. I was skeptical at first because I've tried other "AI document review" services before with disappointing results. My situation was with multiple rental properties in an irrevocable trust with a complex distribution structure. The analysis it provided was incredibly detailed - it found provisions in our trust documents I didn't even know existed that specifically addressed inter-entity transactions. The service flagged that our trust actually required trustee approval documentation for any loan above $25,000 between entities, which could have caused problems if we hadn't followed the proper procedure. It even provided templated documents for the loan agreement and trustee approval. Saved me from what could have been a very expensive mistake. Definitely worth it for complex trust and entity management issues.
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JacksonHarris
If you're struggling to get specific answers from your CPA or attorney about moving money between trust-owned LLCs, you might be experiencing the same frustration I had trying to reach the IRS for guidance. I kept calling their business entity line and couldn't get through to anyone knowledgeable about trust-owned entities. I finally used https://claimyr.com to get through to an actual IRS representative who specializes in trust taxation. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when an agent is about to answer. The representative was able to confirm that an inter-company loan with proper documentation was acceptable for their purposes as long as we maintained proper records.
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Jeremiah Brown
•Wait, there's actually a way to speak to a human at the IRS without waiting for hours? How much does this service cost? I've been trying to get clarification on a similar issue for weeks and keep getting disconnected after waiting forever.
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Royal_GM_Mark
•This sounds like a scam to me. The IRS doesn't have "specialists" who can give you specific advice about trust taxation over the phone. They'll just tell you to consult a tax professional. I doubt this service actually gets you to someone more helpful than calling directly.
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JacksonHarris
•The service has a flat fee - I don't remember the exact amount but it was very reasonable considering I had already wasted hours trying to call myself. You pay only if they successfully connect you with an agent, which they did for me within a day of signing up. You're right that the IRS won't give specific tax advice, but they were able to confirm the general requirements for documentation and record-keeping for transactions between related entities in a trust. This gave me enough information to then work with my CPA on the details. It saved me from making assumptions about what the IRS would consider proper documentation.
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Royal_GM_Mark
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it myself since I had a separate tax issue I needed to resolve with the IRS regarding my late father's estate. Not only did the service work exactly as promised, but I got connected to an IRS representative who was surprisingly helpful. The agent walked me through the exact documentation requirements for loans between related entities within an irrevocable trust and confirmed that as long as there's proper arm's length documentation and market interest rates, these transactions are routine and acceptable. They even emailed me some relevant sections from their internal guidance. Sorry for being so cynical before - this service actually delivered and saved me from what would have been hours of frustration.
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Amelia Cartwright
Former bank compliance officer here. One thing to consider with either approach is how the banks that hold the LLC accounts might view these transactions. Large transfers between related entities can sometimes trigger additional scrutiny under anti-money laundering protocols. I would recommend calling the bank's business services department before making any substantial transfers and explaining the situation. Ask if they need any documentation for their files regarding the relationship between the entities. This can prevent potential account freezes or holds while they investigate unusual transaction patterns.
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Anthony Young
•That's an excellent point I hadn't considered. The LLCs bank at three different institutions, so this could potentially be even more complicated. Would you recommend consolidating the banking relationships, or is it just a matter of having the proper documentation ready?
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Amelia Cartwright
•I wouldn't necessarily consolidate banks just for this reason, as having separate banking relationships can be beneficial for other purposes. Instead, I'd prepare a documentation package that includes: 1) A letter explaining the trust structure and relationship between the LLCs 2) A copy of the trust certificate (not the entire trust, just the certificate showing you as trustee) 3) The loan documentation or transfer authorization if you go that route Provide this to each bank involved in the transaction beforehand. Most banks have procedures for related entity transfers once they understand the relationship. This proactive approach typically prevents any issues with transaction monitoring systems.
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Chris King
Has anyone considered that this might be a good opportunity to restructure? When my father passed and his trust became irrevocable, we worked with an attorney to consolidate the three LLCs into one since they were all owned by the same trust anyway. This eliminated the need to transfer money between entities and significantly reduced administrative costs (three tax returns became one, etc).
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Rachel Clark
•Consolidating LLCs can sometimes create liability issues though. If one property has a lawsuit, all properties could be at risk in a single LLC structure. That's probably why they were separated in the first place. Did your attorney address this concern?
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Melody Miles
I went through a very similar situation when I became trustee of my father's irrevocable trust that owned multiple rental property LLCs. One thing I learned the hard way is to also check your trust document for any specific provisions about inter-entity transactions or capital contributions. Our trust had a clause requiring written trustee resolutions for any transaction over $20,000 between trust-owned entities, which we almost missed. Even though I was the sole trustee, I still had to formally document the decision and keep it in the trust records for potential IRS audits. Also, if you go with the inter-company loan route (which I'd recommend based on Charlotte's advice), make sure to actually service the loan properly. The IRS has been known to recharacterize loans as distributions if payments aren't made consistently. Set up automatic transfers for the payments if possible to maintain the paper trail. The whole process was more complex than I expected, but documenting everything properly from the start saved us headaches later when we had to provide records to the IRS for an unrelated audit.
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Lukas Fitzgerald
•This is really helpful advice about checking the trust document for specific provisions - I hadn't thought to look for transaction thresholds that might require formal resolutions. Your point about actually servicing the loan properly is crucial too. I've seen situations where people set up these inter-company loans but then get lazy about the payments, which defeats the whole purpose from a tax perspective. Setting up automatic transfers is a great suggestion to maintain that paper trail. Thanks for sharing your experience with the IRS audit - it's good to know that proper documentation from the start actually pays off when they come looking!
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Kai Rivera
As someone who recently went through a similar situation with my grandmother's irrevocable trust, I'd strongly echo the advice about the inter-company loan approach. We ended up going that route after initially considering the trust account method. One additional consideration that our attorney pointed out: if you have multiple beneficiaries of the trust, cycling money through the trust account can sometimes create unexpected income tax consequences for them, depending on how the trust's distributable net income is calculated. The inter-company loan keeps everything at the entity level and avoids potential complications with K-1 distributions to beneficiaries. Also, since you mentioned this is across two states, make sure to check if there are any state-specific requirements for related party transactions. Some states have additional disclosure or approval requirements for transactions between entities owned by the same trust. The $45,000 repair sounds urgent - I'd recommend moving quickly once you get your documentation in place. Property issues tend to get more expensive the longer they sit, and having a formal loan structure will give you a clear path for similar situations in the future.
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Naila Gordon
•That's a really important point about the distributable net income implications for beneficiaries - I hadn't considered how cycling money through the trust account could affect their tax situations. Since we do have multiple beneficiaries, the inter-company loan approach seems even more appealing now. You're absolutely right about the urgency of the repairs. We're already getting quotes from contractors and the roof situation is getting worse with the recent weather. Having a clear framework for these transfers will definitely help us handle similar situations more efficiently in the future. Thanks for the heads up about state-specific requirements - the properties are in Ohio and Pennsylvania, so I'll need to check both jurisdictions. Do you happen to know if there are any common red flags I should watch for in state regulations, or is this something I should definitely run by our attorney?
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