(1) In this section, “undistributed income” means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense which 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. (2) Except as otherwise provided in subsection (3) of this section, when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary’s share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date the interest ends, to the beneficiary’s estate. (3) If a beneficiary has an unqualified power to withdraw more than five percent of the value of a trust immediately before an income interest ends: (a) The fiduciary shall allocate to principal the undistributed income from the portion of the trust which may be withdrawn; and (b) Subsection (2) of this section applies only to the balance of the undistributed income. (4) When a fiduciary’s obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve an income tax, gift tax, estate tax, or other tax benefit.
C.R.S. § 15-1.2-703
Apportionment when income interest ends
Known as the Uniform Fiduciary Income and Principal Act
The act spans §§ 15-1.2-101 to 15-1.2-804 (49 sections).
Digitized from: Public.Law — Colorado Revised Statutes. Reproduced from public-domain Colorado statutes; confirm against the official source for the current text. Not legal advice.