(1) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.
A tax required to be paid by a trustee based on receipts allocated to principal must bepaid from principal, even if the tax is called an income tax by the taxing authority.
A tax required to be paid by a trustee on the trust's share of an entity's taxable incomemust be paid:
From income to the extent that receipts from the entity are allocated only to income;
From principal to the extent that receipts from the entity are allocated only to principal;
Proportionately from principal and income to the extent that receipts from the entityare allocated to both income and principal; and
From principal to the extent that the tax exceeds the total receipts from the entity.
(4) After applying subsections (1) to (3) of this section, the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary.
Source: L. 2000: Entire part R&RE, p. 1147, § 1, effective July 1, 2001. L. 2009: Entire section amended, (SB 09-139), ch. 131, p. 567, § 2, effective April 16.