Official Code of Georgia Annotated
Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 17. GEORGIA PRINCIPAL AND INCOME ACT · Part 5. ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST
53-12-454. Income taxes.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.#
- (b)
A tax required to be paid by a trustee based on receipts allocated to principal shall 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 shall 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) of this Code section, the trustee shall adjust income or principal receipts to the extent that its taxes are reduced because it receives a deduction for payments made to a beneficiary.#
History
Code 1981, § 53-12-454, 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, page 957; merge action: carried; file SHA-256 062775612dfc.