Official Code of Georgia Annotated
Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 17. GEORGIA PRINCIPAL AND INCOME ACT · Part 3. APPORTIONMENT AT BEGINNING AND END OF INCOME INTEREST
53-12-402. Apportionment when income interest ends.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
As used in this Code section, the term ‘‘undistributed income’’ means net income received before the date on which an income interest ends. Such term shall 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 5 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 shall 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.#
History
Code 1981, § 53-12-402, enacted by Ga. L. 2010, p. 579, § 1/SB 131.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, pages 943 to 944; merge action: carried; file SHA-256 062775612dfc.