There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-13-7 — Increase in value of certain trust investments distributable as income.
55-13-7. Increase in value of certain trust investments distributable as income. (a) Unless otherw ise provid ed in the trust instru ment, an increas e in the value of the followi ng invest ments owned by any trust is distrib utable as income when it becom es availab le for distrib ution:
(1) A zero coupon bond;
(2) An annuity contract before
annuitization;
(3) A life insurance contract before the
death of the insured;
(4) An interest in a common trust fund (as
defined under § 584 of the Internal Revenue Code) (26
U.S.C. § 584);
(5) An interest in a partnership, as
defined in § 7701 of the Internal Revenue Code (26 U.S.C.
§ 7701); or
(6) Any other obligation for the payment
of money that is payable at a future time in accordance with a
fixed, variable, or discretionary schedule of appreciation in
excess of the price at which it was issued.
(b) For purposes of this section, the
increase in value of an investment described in subsection (a) is
available for distribution only if the trustee receives cash on
account of the investment.
(c) The increase in value of the
obligations described in subsection (a) is distributable to the
beneficiary who was the income beneficiary at the time of the
increase from the first principal cash available or, if none is
available, when realized by sale, redemption, or other disposition.
If unrealized increase is distributed as income but out of
principal, the principal shall be reimbursed from the increase when
realized.
Source: SL 1984, ch 323, § 7; SL 1995, ch 272, § 1; SL 2002, ch 100, § 25.
Source: SL 1984, ch 323, § 7; SL 1995, ch 272, § 1; SL 2002, ch 100, § 25.
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