(1) A tax required to be
paid by a trustee based on receipts allocated to income must be
charged to income.
(2) A tax required to be paid by a trustee based on receipts
allocated to principal must be charged to principal, even if the
tax is called an income tax by the taxing authority.
(3) A tax required to be paid by a trustee on the trust's
share of an entity's taxable income must be charged:
(a) To income to the extent that receipts from the entity
are allocated only to income;
(b) To principal to the extent that receipts from the entity
are allocated only to principal;
(c) Proportionately to income and principal to the extent
that receipts from the entity are allocated to both income and
principal;
(d) Otherwise to principal.
(4) Before applying subsections (1) through (3) of this
section, the trustee must adjust income or principal receipts by
the distributions to a beneficiary for which the trust receives
an income tax deduction.
[2011 c 33 § 1; 2002 c 345 § 505.]