Massachusetts General Laws ch. 203D sec. 29 – Income taxes
Section 29. (a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.
Terms Used In Massachusetts General Laws ch. 203D sec. 29
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
(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 proportionately:
(1) from income if receipts from the entity are allocated to income; and
(2) from principal if:—
(i) receipts from the entity are allocated to principal; and
(ii) the trust’s share of the entity’s taxable income exceeds the total receipts described in this clause and in paragraph (1).
(d) For purposes of this section, receipts allocated to principal or income shall be reduced by the amount distributed to a beneficiary from principal or income for which the trust receives a deduction in calculating the tax.