75A-5-506. Income taxes.
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Effective 9/1/2024
75A-5-506. Income taxes.
(1)A tax required to be paid by a fiduciary that is based on receipts allocated to income shall be paid from income.
(2)A tax required to be paid by a fiduciary that is based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
(3)Subject to Subsection
(4)and Sections 75A-5-504 , 75A-5-505 , and 75A-5-507 , a tax required to be paid by a fiduciary on a share of an entity's taxable income in an accounting period shall be paid from:
(a)income and principal proportionately to the allocation between income and principal of receipts from the entity in the period; and
(b)principal, to the extent that the tax exceeds the receipts from the entity in the accounting period.
(4)After applying Subsections
(1)through (3), a fiduciary shall adjust income or principal receipts, to the extent that the taxes the fiduciary pays are reduced because of a deduction for a payment made to a beneficiary.
Renumbered and Amended by Chapter 364 , 2024 General Session