ATF Form 5 - Transferring Tax Exempt to Gun Trusts and Corporations

The ATF 5320.5 Form 5 allows for an heir to transfer NFA firearms tax exempt to themselves if they are an heir to the NFA firearms named in a will, gun trust or other legal entity.  But how can you transfer the NFA firearms to a gun trust, corporation, or other legal entity?  If you want to transfer the NFA firearms to a gun trust, corporation, or other legal entity; the gun trust, corporation, or other legal entity must be named as a beneficiary in the previous owners will, gun trust, etc.  If the NFA firearms in the will, gun trust or other legal entity don't name the gun trust, corporation, or other legal entity, then they can't be transferred tax exempt using the ATF Form 5.  They will need to be transferred using the ATF Form 4 and are subject to the $200 tax stamp.  Only the named beneficiaries in a will, gun trust, or other legal entity can benefit from the ATF Form 5 tax exemption.  

Other NFA Gun Trust and ATF Related Blog Posts

  • What is the Difference between Void and a Withdrawal request?
    What is the Difference between Void and a Withdrawal request?

    Per the ATF eForm's FAQ, "A 'VOID' is requested when the Form has already been approved, but no transfer, Making, or Manufacturing has occurred. A 'Withdrawal' is requested when the Form is still p...

  • ATF eForm 5320.20 Walk-Through Guide
    ATF eForm 5320.20 Walk-Through Guide

    How to guide and walk-through guide for the ATF Form e5320.20 – ATF e5320.20 Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms Step By Step W...

  • ATF Form 4 December 2025 Typo Explained
    ATF Form 4 December 2025 Typo Explained

    The new ATF December 2025 version of the ATF Form 4 has been released with many changes.   But it seems that new 2025 version has a typo that might be confusing.  The typo that could cause confusio...