55-905. FRAUDULENT TRANSFERS OF PERSONALTY. All deeds of gift, all conveyances, and all transfers or assignments, oral or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void as against the creditors, existing or subsequent, of such person. However, a settlor’s retained right to receive distributions from a trust in an amount equal to or less than the federal and state income tax liability incurred by such settlor as a result of such trust being characterized as a grantor trust pursuant to the rules of the Internal Revenue Code of 1986, as amended, sections 671 through 679, inclusive, shall not be considered a deed of gift, conveyance, transfer or assignment that is made in trust for the use of the person making the same.
History:
[(55-905) 1863, p. 540, sec. 11; R.S., sec. 3019; reen. R.C. & C.L., sec. 3168; C.S., sec. 5432; I.C.A., sec. 54-905; am. 2007, ch. 68, sec. 5, p. 182.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 9 - UNLAWFUL TRANSFERS
Section 55-901 - FRAUDULENT CONVEYANCES OF LAND.
Section 55-902 - GRANTEE MUST BE PRIVY TO FRAUD.
Section 55-903 - POWER OF REVOCATION — WHEN DEEMED EXECUTED.
Section 55-904 - POWER OF REVOCATION NOT SUBJECT TO EXERCISE BEFORE GRANT — WHEN DEEMED EXECUTED.
Section 55-905 - FRAUDULENT TRANSFERS OF PERSONALTY.
Section 55-906 - TRANSFERS IN FRAUD OF CREDITORS.
Section 55-907 - TRANSFERS IN FRAUD OF CREDITORS — DELIVERY AND CHANGE OF POSSESSION.
Section 55-908 - FRAUD IS A QUESTION OF FACT.
Section 55-909 - TITLE OF PURCHASER NOT IMPAIRED.
Section 55-910 - UNIFORM VOIDABLE TRANSACTIONS ACT — DEFINITIONS.
Section 55-911 - INSOLVENCY DEFINED.
Section 55-912 - VALUE DEFINED.
Section 55-913 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.
Section 55-914 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR.
Section 55-915 - WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.
Section 55-916 - REMEDIES OF CREDITOR.
Section 55-917 - DEFENSES, LIABILITY, AND PROTECTION OF TRANSFEREE OR OBLIGEE.
Section 55-918 - EXTINGUISHMENT OF A CAUSE OF ACTION.
Section 55-919 - GOVERNING LAW.
Section 55-920 - APPLICATION OF GENERAL LAW.
Section 55-921 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.