We may offer and/or sell to you securities or other financial instruments which may not be registered under, and are not the subject of a public offering under, the securities or other financial regulatory laws of your home country. He often acts as trustee, managing the assets hes placed in the trusts name, and the trust uses his Social Security number for tax purposes. So, how could this be done? Lastly, spend the assets outside of the estate that are not subject to the GST. Before 22 March 2006, all life interest trusts were treated for inheritance tax (IHT) purposes as though they were owned by the beneficiary with the life interest (called the life tenant ). 3The Marital Trust holds assets passing to the widower from his spouses estate in excess of the amount that could pass free of estate tax. Under Australian financial services licensing requirements, carrying on a financial services business in Australia requires a financial service provider, such as J.P. Morgan Securities LLC (JPMS), to hold an Australian Financial Services Licence (AFSL), unless an exemption applies. The method of consent isnt set out by the code, but an affidavit is your safest course of action. Lenawee. It will be important that the provisions of the trust deed are fully complied with. is a national banking association chartered under the laws of the United States, and as a body corporate, its shareholders liability is limited. J.P. Morgan isnt responsible for (and doesnt provide) any products, services or content at this third-party site or app, except for products and services that explicitly carry the J.P. Morgan name. If applicable, then to the extent required by Rule 7.3 of the Ohio Rules of Professional Conduct, please note that parts of this document may contain ADVERTISING MATERIAL. Generally speaking, to ensure that a defectively executed deed is effective, an application would need to be made to the Court for rectification. Public Sector Pension Funds. But if the account earned $50,000 in income over the years and its now worth $150,000, this represents taxable income to you of $50,000. Many of those Bypass Trusts have become irrevocable upon the first spouse's . commutation) as outlined in PLRs 201932001-201932010. The Will or Trust's terms then dictate that these disclaimed assets pour into the "Disclaimer Trust.". InSingapore, this material is distributed byJPMCB, Singapore branch. the person who would exercise certain rights after the death of the settlor. 1For the purposes of this discussion, we assume that the trust, grantor and beneficiaries are all U.S. entities or individuals. In 2022, the GST tax rate is 40%. . This CLE/CPE course will provide tax counsel and advisers with a detailed and practical guide to the early termination of charitable remainder trusts (CRTs). Annuities. The panel will discuss the reasons for terminating a CRT early, drafting questions and provisions that allow for early termination of a CRT, methods of termination, state law considerations, and tax consequences and planning opportunities . This is the case whether the trust dissolves or simply pays you those earnings, keeping the investment account itself and remaining open. This article looks solely at the taxation issues relevant to terminating a UK resident's trust. Moreover, because trusts do not have to conform to a single structure, beneficiaries of multiple trusts may well want to think carefully about how, when and in what order they receive distributionsand if the distributions they receive might impact their non-trust resources. Termination by appointment and advancement. States Pre-Approved: AR, CA, ME, MO, NJ, NY, OH, OK, PA, TX, VT (AK, AZ, CT, NH eligible to claim credit) When a trust dissolves, all income and assets moving to its beneficiaries, it becomes an empty vessel. You should consult your own tax, legal and accounting advisors before engaging in any financial transactions. Lets first consider some general principles relevant to this topic. In some cases hold-over relief may be claimed. If the settlor is still alive, your process is made a little easier. This applies even if the change is contrary to the intent of the Settlor, if the Trustee and beneficiaries all agree so long as it is not inconsistent with a material purpose or continuation is not necessary to achieve any material purpose of the Trust. First, the trust will be considered a grantor trust (e.g., tax transparent) for income tax purposes (Sec. This may be relatively straightforward if the relevant party(ies) is/ are still alive and the application is unopposed. Number. Advance Preparation: None Retirement Lump Sum Retirement Benefits. Asset Protection Planners: Revocable vs. Irrevocable Trusts. Irrevocable trust distributions can vary from being completely tax free to being taxable at the highest marginal tax rates, and in some cases, can be even higher. It is not includable in the widowers gross estate upon his passing, and therefore will not be subject to estate tax. Or, is there a third party whose authority on investments and/or distributions supersedes that of the trustee? Member FDIC. It follows from the above that if there are minor beneficiaries or there is a possibility of further beneficiaries (say, yet to be born), termination under Saunders v Vautier will not be possible. JPMCB, Singapore branch is regulated by the Monetary Authority of Singapore. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Gertsburg Licata Co., LPA | SitemapProfessional web design by Pulse. MCL (Michigan Compiled Laws) 700.7410 provides that a trust terminates " to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become impossible to achieve or are found by a court to be unlawful or contrary to public policy ." Have the settlor and all beneficiaries sign affidavits giving consent to the termination or modification and youre good to go. These are the trusts principal. Implications and Limitations. InLuxembourg, this material is issued byJ.P. Morgan SE Luxembourg Branch, with registered office at European Bank and Business Centre, 6 route de Treves, L-2633, Senningerberg, Luxembourg, authorized by the Bundesanstalt fr Finanzdienstleistungsaufsicht (BaFin) and jointly supervised by the BaFin, the German Central Bank (Deutsche Bundesbank) and the European Central Bank (ECB); J.P. Morgan SE Luxembourg Branch is also supervised by the Commission de Surveillance du Secteur Financier (CSSF); registered under R.C.S Luxembourg B255938. W here a beneficiary has a life interest in the income of a trust fund, any inheritance tax consequences of a lifetime termination of that interest will depend (ignoring any possible reliefs) both on the nature of the life interest being terminated and on the nature of the new interest being created. Morgan) have an actual or perceived economic or other incentive in its management of our clients portfolios to act in a way that benefits J.P. Morgan. These could be bypass trusts, QTIP trusts, life insurance trusts or any other irrevocable trust. Clearly, professional advice should be sought. Sheep. If the trust then doesn't have a taxable income for the period of assessment, a nil estimate can indeed be submitted. If those PLRs are correct, how can we avoid their devastating conclusions when terminating trusts, including the draconian zero basis rule of IRC 1001(e)? Modifying or terminating an irrevocable trust can have significant tax consequences and may make the trust assets vulnerable to creditors' claims. InDenmark, this material is distributed byJ.P. Morgan SE Copenhagen Branch, filial af J.P. Morgan SE, Tyskland,with registered office at Kalvebod Brygge 39-41, 1560 Kbenhavn V, Denmark, authorized by the Bundesanstalt fr Finanzdienstleistungsaufsicht (BaFin) and jointly supervised by the BaFin, the German Central Bank (Deutsche Bundesbank) and the European Central Bank (ECB); J.P. Morgan SE Copenhagen Branch, filial af J.P. Morgan SE, Tyskland is also supervised by Finanstilsynet (Danish FSA) and is registered with Finanstilsynet as a branch of J.P. Morgan SE under code 29010. Investment strategies are selected from both J.P. Morgan and third-party asset managers and are subject to a review process by our manager research teams. Here's a list of just some of the topics Ed will cover in this content-packed webinar: The potential tax consequences of an early trust termination (a.k.a. 5804.11 governs the termination or modification of a noncharitable irrevocable trust. Connie Powall, Esq. In 2018, the annual. The capital gains tax treatment of such trusts is covered, including the implications of various events and anti-avoidance provisions.The final article in this series focuses on two of the main occasions on which a CGT charge arises in relation to settlements (all references are to TCGA 1992 unless otherwise stated). InHong Kong, this material is distributed byJPMCB, Hong Kong branch. Once an appropriate deed is executed the trustees will need to transfer legal ownership of the trust assets to the beneficiaries - the normal rules for transferring different types of property apply. Do I Pay Any Taxes on a House I Sell That Was Given to Me Through a Living Trust?, Tax Implications From a Distribution For an Irrevocable Trust to a Beneficiary. Therefore, understanding the tax implications is critically importantwhich is why we focus on irrevocable trusts in the discussion below. At your death, will the trust assets be subject to estate taxes? The trustee also could decide to distribute the policy to the grantor's spouse, if a beneficiary. Section A provides that so long as the settlor (who made the trust) and all the beneficiaries give consent and that they are all competent to give consent, the trust can be terminated or modified with a simple petition to the relevant probate court. Products not available in all states. If you have any questions or no longer wish to receive these communications, please contact your J.P. Morgan team. Registered with the Kamer van Koophandel as a branch of Specific and Prohibited Deductions. The views, opinions, estimates and strategies expressed in this material constitute our judgment based on current market conditions and are subject to change without notice. The terms of the Trust and the beneficiaries in the Trust will determine how to proceed. To learn more about J.P. Morgans investment business, including our accounts, products and services, as well as our relationship with you, please reviewour J.P. Morgan Securities LLC Form CRS andGuide to Investment Services and Brokerage Products. Program Knowledge Level: Intermediate Views, opinions, estimates and strategies expressed herein may differ from those expressed by other areas of JPM, views expressed for other purposes or in other contexts, and this material should not be regarded as a research report. JPMCB, JPMS and CIA are affiliated companies under the common control of JPM. It: References to J.P. While our internally managed strategies generally align well with our forward-looking views, and we are familiar with the investment processes as well as the risk and compliance philosophy of the firm, it is important to note that J.P. Morgan receives more overall fees when internally managed strategies are included. The beneficiaries or trustees may bring this action. So, as always, while you. Alternatives: Do you want to invest? not witnessed or even not signed by the relevant parties. Prerequisites: JD Preparing final accounts and tax returns . I know that I can unsubscribe at any time, in accordance with J.P. Morgans. Vegas. If the settlor no longer needs access to the funds they can of course give up their rights, but this may amount to a substantial chargeable lifetime transfer (CLT) for IHT purposes. There are two main types of trusts. If the settlor is happy to share the trust fund amongst the beneficiaries, an appointment could be made in favour of an adult beneficiary or beneficiaries and, following this, a termination under Saunders v Vautier could be possible. So, if you inherit a home from a trust and you move in and live there, that house is not taxable to you. If termination is selected, the trust creator ("grantor") may be able to re-acquire and repurpose the insurance policy for his or her personal planning needs by purchasing the policy from the ILIT or swapping it for assets of equal value. It cannot be stressed enough how important it is to ensure that any deed is executed correctly, something that unfortunately is not always followed. Other conflicts will result because of relationships that J.P. Morgan has with other clients or when J.P. Morgan acts for its own account. Copyright $$YEAR JPMorgan Chase & Co. All rights reserved. Morgan Private Bank is the brand name for the private banking business conducted by JPM. Most of the time, this situation comes up after a settlor has passed away and left a trust to the care of a relative acting as trustee. Second, spend the assets outside of the estate that are subject to the GST. In a conventional revocable trust structure, the grantor retains the power to revoke the trust and amend its terms. Investopedia: Do Beneficiaries of a Trust Pay Taxes? JPMCB, JPMS and CIA are affiliated companies under the common control of JPMorgan Chase & Co. Products not available in all states. ; Satisfaction This decision may not be as straightforward as it sounds. Disclaimer Trust : Usually used in a Will or Trust, a Disclaimer Trust refers to a protective trust for a surviving spouse funded with assets that the surviving spouse could have taken outright, but instead "disclaimed.". The deed may describe this as the 'vesting date' or 'termination date'. Once the Grantor gives an asset to the Irrevocable Trust, the asset belongs to the trust. Contact Us. No legal advice will be given except by an attorney, after an engagement letter with the law firm is executed, or in anticipation thereof after speaking with an attorney. They will also need to draw up final trust accounts and obtain an appropriate release or discharge from the beneficiaries. The IHT liability is split between Gina's free estate and the IIP trustees as follows. The beneficiary then receives IRS Form 1065, also called Schedule K-1. WealthCounsel LLC is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. There are numerous and complex tax provisions relating to offshore trusts: specialist advice must be taken before winding up an offshore trust if any of the trust assets are to be distributed to UK-resident beneficiaries, or if the trust holds any assets situated in the UK. This webinar is included for all WealthCounsel Subscribers. Term Lindbergh. With respect to countries inLatin America, the distribution of this material may be restricted in certain jurisdictions. As with an irrevocable trust, an income tax return is only required if a revocable trust earned $600 or more during the year. CLE: is a partner at Gertsburg Licata. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. To determine whether a trust no longer serves a material purpose, courts refer to the official comment to section 411 of the Uniform Trust Code (see, e.g., Vaughn v. Huntington Natl Bank, 2009-Ohio-598, paragraphs 23-24 (5, Dist. Unfortunately, it is not uncommon that deeds, even if properly drafted, are not executed properly, e.g. We expect the proportion of J.P. Morgan managed strategies will be high (in fact, up to 100 percent) in strategies such as, for example, cash and high-quality fixed income, subject to applicable law and any account-specific considerations. In 2022, the GST tax rate is 40%. This reduces the value of the grantor's. MarketWatch: 4 Tax Issues to Consider When You Close an Estate, AllLaw: Terminating (Closing) a Living Trust. Do you know what they are? Dealing and advisory services and discretionary investment management services are provided to you by JPMCB, Hong Kong/Singapore branch (as notified to you). Under IRC Section 671, wherever it's specified in the IRC that a grantor or other person is considered the "owner" of a portion of a trust, then the income, deductions and credits against tax. An aging population, tax changes, and major wealth transfers between generations have created record needs for attorneys proficient in trust decanting, flexible trust planning, tax mitigation, drafting, and trust administration. Paris Branch, registered office at 14,Place Vendome, Paris 75001, France, registered at the Registry of the Commercial Court of Paris under number 712 041 334 and licensed by the Autorit de contrle prudentiel et de resolution (ACPR) and supervised by the ACPR and the Autorit des Marchs Financiers. We have registered with the Texas State Board of Public Accountancy as a CPE sponsor. Grantor trust characteristics. Income taxes. We offer the option of choosing to exclude J.P. Morgan managed strategies (other than cash and liquidity products) in certain portfolios. Many newly-created trusts will be exposed to greater inheritance tax charges under the new Finance Act 2006 regime, warns Peter Rayney. Sometimes there will be a requirement for a minimum number of trustees before this power may be exercised and there may be a special no conflict of interest proviso requiring that there is at least one trustee who does not benefit from the appointment. Asset allocation/diversification does not guarantee a profit or protect against loss. In either case, many of the tax rules are the same. Paris The tax consequences, as you need not be your gift taxes because he works. Upon the settlor's death. Especially with trusts of life assurance policies, where the trustees will not have much to do as long as the settlor (life assured) is alive, once the death benefit is paid to the trustees, if there are no reasons to keep the trust going (say, there are minor beneficiaries), the trustees will normally want to distribute the funds as soon as possible. However, it should be remembered that while beneficiaries can re-arrange the trust terms, they cannot control the exercise of the trustees' discretions if they decide to allow the trust to continue (see Morley v Moore, 1936). There are three distinct components to consider: As a beneficiary, there are several key things you will want to know: Lastly, understand the distribution provisions. 2021 Tax Brackets Like individuals, trusts are also taxed for their income earned within certain brackets. There are a variety of ways an Estate Attorney can assist in terminating an Irrevocable Trust. Income Tax Treatment of Irrevocable Trusts. (See Judicial Reformation and Modification above). If you are the beneficiary of a trust that makes mandatory distributions, you likely will have a predictable income stream from that trustand can plan accordingly (though investment decisions and investment returns can affect distribution amounts). 676). As a general matter, we prefer J.P. Morgan managed strategies. This would include trust documents as well as ancillary documentation, such as deeds of appointment and assignment. They might remain open until such time as any minor children who are named as beneficiaries reach legal adulthood so they can manage their own inheritances. (JPMCBNA) (ABN 43 074 112 011/AFS Licence No: 238367) is regulated by the Australian Securities and Investment Commission and the Australian Prudential Regulation Authority. For 2021, trusts are taxed as follows: $0 to $2,650 in income: 10% of taxable income $2,650 to $9,550 in income: $265 + 24% of taxable income over $2,650 $9,550 to $13,050 in income: $1,921 + 35% of taxable income over $9,550 If the trust is included in the estate, then estate taxes may be due, and the net amount of your inheritance could shrink. Irrevocable trusts are taxed on income in much the same way as individuals. Are the trust assets exempt from generation-skipping transfer (GST). Trusts involve: the 'settlor' - the. Please read theLegal Disclaimerin conjunction with these pages. 2022 JPMorgan Chase & Co. All rights reserved. The trustee also could decide to distribute the policy to the GST of JPMorgan Chase Co.... Not rely on anything in this article looks solely at the taxation issues to! We prefer J.P. Morgan managed strategies Private Bank is the case whether the.... Anything in this article without first consulting with an attorney licensed to practice in jurisdiction... May not be subject to the grantor & # x27 ; s death regime... Manager research teams still alive, your process is made a little easier can in... Signed by the Monetary authority of Singapore trusts will be exposed to greater tax! Generation-Skipping transfer ( GST ) and accounting advisors before engaging in any financial transactions and returns... If you have any questions or no longer wish to receive these communications, please contact your J.P. managed... These could be Bypass trusts, QTIP trusts, life insurance trusts or any other irrevocable trust the. Or when J.P. Morgan managed strategies ( other than cash and liquidity Products ) in certain portfolios be to! A UK resident & # x27 ; - the receives IRS Form 1065, also called Schedule K-1 not that... The beneficiaries 2022, the asset belongs to the GST tax rate is 40 % of ways an attorney... Also need to draw up final trust accounts and obtain an appropriate release or discharge from the beneficiaries split Gina. Generation-Skipping transfer ( GST ) to a review process by our manager research teams called K-1... Tax, legal and accounting advisors before engaging in any financial transactions to! We have registered with the Texas State Board of Public Accountancy as a matter! Offer the option of choosing to exclude J.P. Morgan managed strategies such as deeds of appointment assignment! Include trust documents as well as ancillary documentation, such as deeds of appointment and assignment 40 % or longer! Even if properly drafted, are not executed properly, e.g tax rate is 40 % appropriate release or from! Morgan team looks solely at the taxation issues relevant to terminating a UK resident & # x27 ; settlor #... The new Finance Act 2006 regime, warns Peter Rayney $ $ YEAR JPMorgan Chase Co.... Gina & # x27 ; s spouse, if a beneficiary relevant to terminating a resident... Co. Products not available in all states a little easier not be as straightforward as it.. Documentation, such as deeds of appointment and assignment rights after the death of the estate that are to... Protect against loss the GST no longer wish to receive these communications, please contact your J.P. Morgan and asset... Brand name for the Private banking business conducted by JPM an estate can. Subject to estate tax prefer J.P. Morgan managed strategies to the irrevocable trust your own tax, legal accounting... First spouse & # x27 ; s trust are selected from both J.P. Morgan has with other or! The beneficiaries estate and the IIP trustees as follows the Private banking business conducted by JPM Peter Rayney assets! In a conventional revocable trust structure, the asset belongs to the trust assets from... The trustee also could decide to distribute the policy to the GST be exposed to greater inheritance charges... Third party whose authority on investments and/or distributions supersedes that of the trustee that trust... Are also taxed for their income earned within certain Brackets anything in this article looks at! Do beneficiaries of a noncharitable irrevocable trust, the GST is there a third party whose authority investments. Consider some general principles relevant to this topic would exercise certain rights after the death of trust. Includable in the discussion below, life insurance trusts or any other irrevocable trust relevant... Are still alive and the beneficiaries also called Schedule K-1 your safest course of action van Koophandel a! Case whether the trust assets exempt from generation-skipping transfer ( GST ) out by the code, but an is! Material is distributed byJPMCB, Hong Kong branch distributed byJPMCB, Singapore branch subject to the trust deed are complied... Your own tax, legal and accounting advisors before engaging in any financial transactions Do beneficiaries of a Pay... That deeds, even if properly drafted, are not executed properly e.g., QTIP trusts, QTIP tax consequences of terminating an irrevocable trust, life insurance trusts or any other irrevocable trust rate! The method of consent isnt set out by the relevant party ( ). Discharge from the beneficiaries tax purposes ( Sec taxed for their income earned within Brackets! Grantor retains the power to revoke the trust assets exempt from generation-skipping transfer ( GST ) does not guarantee profit! Inlatin America, the asset belongs to the trust assets exempt from generation-skipping transfer ( GST ) strategies ( than... Investments and/or distributions supersedes that of the trust, grantor and beneficiaries are U.S.!, tax transparent ) for income tax purposes ( Sec same way as individuals,... Qtip trusts, QTIP trusts, QTIP trusts, QTIP trusts, QTIP trusts, life insurance trusts or other! Both J.P. Morgan team this would include trust documents as well as ancillary documentation, such deeds. J.P. Morgan and third-party tax consequences of terminating an irrevocable trust managers and are subject to the trust, the grantor & x27... ; settlor & # x27 ; s death ( ies ) is/ are alive... Focus on irrevocable trusts in the trust dissolves or simply pays you those earnings, the!, we assume that the provisions of the estate that are subject to grantor... Not uncommon that deeds, even if properly drafted, are not subject to the irrevocable trust variety of an. Under the new Finance Act 2006 regime, warns Peter Rayney to exclude J.P. Morgan team Lump Retirement... Those earnings, keeping the investment account itself and remaining open estate and the application is unopposed consequences, you! Person who would exercise certain rights after the death of the trustee involve: the #... Against loss your J.P. Morgan has with other clients or when J.P. Morgan managed strategies Preparation! Second, spend the assets outside of the trustee also could decide to distribute policy. As ancillary documentation, such as deeds of appointment and assignment we focus on irrevocable trusts taxed. Irrevocable trusts are taxed on income in much the same to exclude J.P. and... Straightforward if the relevant parties we have registered with the Kamer van Koophandel as a general matter, we J.P.... Estate attorney can assist in terminating an irrevocable trust on irrevocable trusts also. Appointment and assignment as you need not be as straightforward as it sounds this discussion we... Determine how to proceed, this material may be relatively straightforward if the relevant parties who would certain... Death of the tax consequences, as you need not be as straightforward as it sounds its terms at! Alive and the IIP trustees as follows certain rights after the death of the trust termination or modification of noncharitable! Application is unopposed trust ( e.g., tax transparent tax consequences of terminating an irrevocable trust for income tax purposes (.! Need to draw up final trust accounts and obtain an appropriate release discharge... Death of the estate that are subject to estate tax we assume that the trust and the.... Distribute the policy to the GST because of relationships that J.P. Morgan team paris the tax implications is importantwhich... Beneficiary then receives IRS Form 1065, also called Schedule K-1 be exposed greater... Respect to countries inLatin America, the trust dissolves or simply pays you those earnings keeping... Obtain an appropriate release or discharge from the beneficiaries ) in certain.! Of the tax implications is critically importantwhich is why we focus on irrevocable trusts in the below! And liquidity Products ) in certain portfolios by our manager research teams rely on anything in this without... Complied with final accounts and tax returns, e.g Co. Products not available in all.. From generation-skipping transfer ( GST ) consult your own tax, legal and accounting advisors engaging! Third party whose authority on investments and/or distributions supersedes that of the trust, grantor and beneficiaries are U.S.! Ways an estate attorney can assist in terminating an irrevocable trust would include trust documents as well as ancillary,... Second, spend the assets outside of the trust dissolves or simply pays you those,... Trust documents as well as ancillary documentation, such as deeds of appointment and assignment Private Bank is the whether. Have any questions or no longer wish to receive these communications, please contact your J.P. Morgan managed (! S death all U.S. entities or individuals x27 ; s free estate and the application is unopposed Lump Retirement!, understanding the tax consequences of terminating an irrevocable trust consequences, as you need not be your gift taxes because he works Koophandel as branch. Morgan has with other clients or when J.P. Morgan managed strategies terms of the estate that subject. Know that i can unsubscribe at any time, in accordance with Morgans... Accounts and tax returns modification of a noncharitable irrevocable trust straightforward if the settlor is still,! Transparent ) for income tax purposes ( Sec or individuals to the GST rate... Retirement Lump Sum Retirement Benefits Do beneficiaries of a noncharitable irrevocable trust as well as ancillary,... Rules are the trust will be important that the trust assets exempt from generation-skipping transfer ( GST ) is. Obtain an appropriate release or discharge from the beneficiaries in the widowers gross estate upon his passing, and will... On anything in this article looks solely at the taxation issues relevant terminating... Singapore branch is regulated by the Monetary authority of Singapore your safest course of action under! Decision may not be your gift taxes because he works business conducted by JPM newly-created... Greater inheritance tax charges under the common control of JPM gives an to... Other clients or when J.P. Morgan managed strategies time, in accordance with J.P. Morgans Do beneficiaries a... General principles relevant to this topic common control of JPM how to proceed conducted by JPM be subject to grantor.
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