(2) Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.
(3) A trustee shall allocate the following receipts from an entity to principal:
(a) Property other than money;
(b) Money received in one distribution or a series of related distributions in exchange for part or all of a trust’s interest in the entity;
(c) Money received in total or partial liquidation of the entity; and
(d) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.
(4) Money is received in partial liquidation:
(a) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or
(b) If the total amount of money and property distributed by an entity in a distribution or series of related distributions is greater than 20 percent of the entity’s gross assets, as shown by the entity’s year-end financial statements immediately preceding the initial distribution.
(5) Money is not received in partial liquidation, nor may it be taken into account under subsection (4)(b) of this section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money.
(6) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity’s board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation’s board of directors. [2003 c.279 §10; 2007 c.130 §1]
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.