Section 11-A-3.3. Apportionment when income interest ends


Latest version.
  • (a)  In this section, "undistributed income" means net income received
      on or before the date on which an income interest ends.  The  term  does
      not  include  an item of income or expense that is due or accrued or net
      income that has been added or is required to be added to principal under
      the terms of the trust.
        (b) When a mandatory income interest ends, the trustee shall pay to  a
      mandatory  income beneficiary who survives that date, or the estate of a
      deceased mandatory income beneficiary whose death causes the interest to
      end, the beneficiary's share of the undistributed  income  that  is  not
      disposed  of  under the terms of the trust unless the beneficiary has an
      unqualified power  to  revoke  more  than  five  percent  of  the  trust
      immediately  before  the  income  interest ends. In the latter case, the
      undistributed income from the portion of the trust that may  be  revoked
      must be added to principal.
        (c)  When  a  trustee's  obligation  to pay a fixed annuity or a fixed
      fraction of the value of the trust's  assets  ends,  the  trustee  shall
      prorate  the  final  payment if and to the extent required by applicable
      law to accomplish a purpose of the trust  or  its  settlor  relating  to
      income, gift, estate, or other tax requirements.