LegalFix
Sign In

§ 55-13A-505 Income taxes.

SD Codified L § 55-13A-505 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

55-13A-505. Income taxes. (a) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

(b) A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

(c) A tax required to be paid by a trustee on the trust's share of an entity's taxable income must be paid:

(1) From income to the extent that receipts from the entity are allocated only to income;

(2) From principal to the extent that receipts from the entity are allocated only to principal;

(3) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

(4) From principal to the extent that the tax exceeds the total receipts from the entity.

(d) After applying subsections (a) through (c), 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: SL 2007, ch 282, § 30; SL 2009, ch 252, § 36.

Previous Section
§ 55-13A-504 Transfers from income to reimburse principal.
Next Section
§ 55-13A-506 Adjustments between principal and income because of taxes