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Terms Used In Louisiana Revised Statutes 47:300.2

  • estate: means a trust or estate, or fiduciary thereof. See Louisiana Revised Statutes 47:300.10
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

The income tax imposed by this Part shall apply to the Louisiana taxable income of estates or of any  kind of property held in trust, including:

(1)  Income accumulated in trust for the benefit of unborn or unascertained persons or persons with contingent interests and income accumulated or held for future distribution under the terms of the will or trust.

(2)  Income that is to be distributed currently by the fiduciary to the beneficiaries and income collected by a guardian of an infant that is to be held or distributed as the court may direct.

(3)  Income received by the estates of deceased persons during the period of administration or settlement of the estate.

(4)  Income that, in the discretion of the fiduciary, may be either distributed to the beneficiaries or accumulated.

Acts 1996, No. 41, §1, eff. for taxable periods beginning after Dec. 31, 1996; Acts 1998, No. 61, §1, eff. for taxable periods beginning after Dec. 31, 1997.

NOTE:  FOR TAXABLE PERIODS BEGINNING PRIOR TO JAN. 1, 1998, THE TAX SHALL BE AS REQUIRED BY LAW PRIOR TO JAN. 1, 1997.