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Are residential homes which are held by a “trust” excluded from the “individuals” exception from DBA?

April 26, 2017DBA exception excluded held homes individuals Residential Trust

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Are residential homes which are held by a “trust” excluded from the “individuals” exception from DBA?

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Where a residential home is held by a trust that allows the individual homeowner to control the assets of the trust, such as a “living trust,” DBA is not applicable to the individual homeowner who directly contracts for energy savings improvements to the residential home. However, where the trust is one in which the residential home is held in trust by a business entity or the trustee is a business entity, DBA would be applicable.