(2) In determining a beneficiary’s share of net income, the following rules apply:
(a) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations.
(b) The beneficiary’s fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust.
(c) The beneficiary’s fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.
(d) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.
(3) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.
(4) A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. [2003 c.279 §6]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 129 - Uniform Principal and Income Act
Section 129.200 - UPIA 101. Short title.
Section 129.205 - UPIA 102. Definitions.
Section 129.210 - UPIA 103. Fiduciary duties; general principles.
Section 129.215 - UPIA 104. Trustee’s power to adjust.
Section 129.220 - UPIA 105. Judicial control of discretionary power.
Section 129.225 - Conversion to unitrust.
Section 129.250 - UPIA 201. Determination and distribution of net income.
Section 129.255 - UPIA 202. Distribution to residuary and remainder beneficiaries.
Section 129.270 - UPIA 301. When right to income begins and ends.
Section 129.280 - UPIA 303. Apportionment when income interest ends.
Section 129.300 - UPIA 401. Character of receipts.
Section 129.308 - UPIA 403. Business and other activities conducted by trustee.
Section 129.310 - UPIA 404. Principal receipts.
Section 129.320 - UPIA 406. Obligation to pay money.
Section 129.325 - UPIA 407. Insurance policies and similar contracts.
Section 129.350 - UPIA 408. Insubstantial allocations not required.
Section 129.355 - UPIA 409. Deferred compensation, annuities and similar payments.
Section 129.360 - UPIA 410. Liquidating asset.
Section 129.365 - UPIA 411. Minerals, water and other natural resources.
Section 129.370 - UPIA 412. Timber.
Section 129.375 - UPIA 413. Property not productive of income.
Section 129.380 - UPIA 414. Derivatives and options.
Section 129.385 - UPIA 415. Asset-backed securities.
Section 129.400 - UPIA 501. Disbursements from income.
Section 129.405 - UPIA 502. Disbursements from principal.
Section 129.410 - UPIA 503. Transfers from income to principal for depreciation.
Section 129.415 - UPIA 504. Transfers from income to reimburse principal.
Section 129.420 - UPIA 505. Income taxes.
Section 129.425 - UPIA 506. Adjustments between principal and income because of taxes.