Page 43
43
an a/b states an asset has been returned, allow the a/b an additional 12 days to provide the evidence.
b. Do not apply a sanction when the entire transferred asset is returned. c. When a portion of the transferred asset is returned, reduce the value of the transferred asset by the value of the asset returned. Recalculate the sanction period based on the reduced value of the transferred asset. d. Examples of evidence include: • property deeds, • closing statements, • property tax records, • financial statements, • records of banks or other financial institutions, • deeds of trust, • title transfer records, • contracts and other legally binding agreements. 5. To prove that money has been spent for the benefit of the a/b, or the a/b’s spouse after the date of the transfer, the a/b or the a/b’s spouse must present evidence showing the money has been spent on the a/b’s behalf. a. The asset may be returned beyond the time required to provide evidence. When an a/b states an asset has been returned, allow the a/b an additional 12 days to provide the evidence.
b. Do not impose a sanction when the amount of money spent for the benefit of the a/b or the a/b’s spouse after the date of the transfer is at least equal to the uncompensated value of the transfer.
c. Examples of evidence include: • cancelled checks, • receipts, • bills of sale, • bank or other financial institution records, or • other records that prove the amount of money spent, • the date on which it was spent, • any goods or services purchased for the a/b or the a/b’s spouse • the a/b or the a/b’s spouse was the beneficiary of the benefit from these expenditures. 6. When the amount of money spent for the benefit of the a/b, or the a/b’s spouse after the date of the transfer is less than the value of the transferred asset:
a. Reduce the uncompensated value of the transfer by the amount of money spent for the benefit of the a/b or a/b’s spouse.