Section 16374 Of Article 6. Allocation Of Disbursements During Administration Of Trust From California Probate Code >> Division 9. >> Part 4. >> Chapter 3. >> Article 6.
16374
. (a) A tax required to be paid by a trustee based on receipts
allocated to income shall be paid from income.
(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 as follows:
(1) From income to the extent that receipts from the entity are
allocated only 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 subdivisions (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.