2010 New York Code
EPT - Estates, Powers & Trusts
Article 11-A - UNIFORM PRINCIPAL AND INCOME ACT
Part 5 - (11-A-5.1 - 11-A-5.6) ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST
11-A-5.5 - Income taxes

§ 11-A-5.5 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 proportionately:
    (1)  from  income  to  the  extent  that  receipts from the entity are
  allocated to income; and
    (2) from principal to the extent that:
    (A) receipts from the entity are allocated to principal; and
    (B) the trust's share of the entity's taxable income exceeds the total
  receipts described in subparagraph (1) and clause (A).
    (d) For purposes of this section, receipt allocated  to  principal  or
  income  must  be reduced by the amount distributed to a beneficiary from
  principal or  income  for  which  the  trust  receives  a  deduction  in
  calculating the tax.

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