LegalFix
Sign In

Section 46-3A-108 - Distribution of total return trust.

NM Stat § 46-3A-108 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

A. Expenses, taxes and other charges that would otherwise be deducted from income if the trust was not a total return trust may not be deducted from the distribution amount.

B. Unless otherwise provided by the governing instrument, the distribution amount each year shall be deemed to be paid from the following sources for that year in the following order:

(1) net income determined as if the trust were not a total return trust;

(2) other ordinary income as determined for federal income tax purposes;

(3) net realized short-term capital gains as determined for federal income tax purposes;

(4) net realized long-term capital gains as determined for federal income tax purposes;

(5) trust principal comprising assets for which there is a readily available market value; and

(6) other trust principal.

History: Laws 2005, ch. 329, § 6.

Effective dates. — Laws 2005, ch. 329, § 12 made the act effective July 1, 2005.

Previous Section
Section 46-3A-107 - Determination of matters in administration.
Next Section
Section 46-3A-109 - Restrictions on distributions.