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A.R.S. § 14-7429

How Trust Income Taxes Are Allocated Between Principal and Income

Verified April 4, 202657th Legislature, 1st Regular Session

When a trust owes income taxes, the trustee must decide whether to pay those taxes from trust income or from principal. Arizona law ties the answer to where the underlying receipts were allocated. If the receipts went to income, the tax comes from income. If they went to principal, the tax comes from principal.

Title 14, TRUST ADMINISTRATION

azleg.gov

Matching Taxes to Their Source

Trust tax is not a single line item. In a simple trust, complex trust, or grantor trust, different receipts can be classified differently. Some go to income, such as interest, dividends, or rent from real estate. Others go to principal, such as capital gains from asset sales. This statute creates a straightforward rule: the tax follows the receipt. Whatever generated the taxable income is the fund that pays it.

A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

A.R.S. § 14-7429(A)

This principle keeps things fair for each trust beneficiary. Income beneficiaries bear the tax cost of income they receive. Remainder beneficiaries bear the tax cost of gains that build principal. Neither side subsidizes the other.

Entity Income and Mixed Allocations

Trusts often hold interests in entities like partnerships or S corporations. Those entities produce taxable income that may be allocated partly to income and partly to principal. The trust pays the tax from each fund in the same ratio that receipts were allocated. If the tax exceeds the total receipts from the entity, the excess comes from principal.

A tax required to be paid by a trustee on the trust's share of an entity's taxable income must be paid proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal.

A.R.S. § 14-7429(C)(3)

The statute requires one more adjustment. After the initial allocation, the trustee must account for any tax deduction from distributions. If a distribution lowers the overall tax bill shown on the trust's tax returns, the trustee adjusts income or principal receipts to reflect that benefit.

14-7429. Income taxes A. A tax required to be paid by a trustee based on receipts allocated to income must be paid from income. B. A tax required to be paid by a trustee based on receipts allocated to principal must 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 must be paid: 1. From income to the extent that receipts from the entity are allocated 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. 4. From principal to the extent that the tax exceeds the total receipts from the entity. D. After applying subsections A, B and C, the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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