The ATF has taken the position that, in order to register an SBR under the free tax stamp provision of the arm brace rule (2021R-08F), the pistol must have already been assigned to, or owned by, the trust prior to the date of publication of the rule (January 31, 2023).
From the ATF FAQ …
In the eForms system, they are requesting that you upload documentation showing when the arm brace equipped pistol was assigned to your trust.
The question then becomes what evidence will they accept? On the eForms site, they state the following:
So how does one demonstrate the date that the assets were assigned to the trust, given that different states have different legal requirements concerning assigning assets to a trust. For example, Virginia even allows assets to be held in trust based upon mere oral assertion:
Therefore, I believe that the ATF will face significant challenges in evaluating this requested ‘evidence’. As for my clients, I suggest using an assignment sheet to document the date you first assigned the item to your trust.
Many clients have developed their own assignment sheets but I have prepared one that I encourage you to use when you submit your eForm 1 application for your new tax stamp.
You can download my non-NFA item assignment spreadsheet to document the date you assigned your arm brace equipped pistol(s) that you may wish to SBR under this rule to your trust.
If you do not have Excel and need a PDF version to print and hand-enter the items then that may be downloaded here
Regardless of which version you use, make sure you 1) put the name of the trust in the header where there is a blank line; 2) enter the date you assigned the pistol(s) to your trust in the line at the bottom right, and sign it on the line titled “Signed By: Settlor / Trustee”
There has been a fierce debate online regarding what ‘evidence’ the ATF will require with many people who did their documentation prior to January 31, 2023 rushing out to have their assignment sheets notarized. I certainly cannot guarantee how the ATF will handle this issue. However, I can say that assignment sheets are NOT required by law to be notarized and any submission of documentation to the ATF is done under penalty of perjury.
Therefore, I personally believe that a signed and dated assignment sheet, attesting to the fact that you assigned the pistol(s) to the trust prior to the publication of the final rule in the Federal Register would be sufficient.
If you wish for me to assist you in the filing of your eForm application, please contact me.