(a) Elections and decisions, other than those described in subsection (2) of this section, that the fiduciary makes from time to time regarding tax matters;
(b) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or
(c) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust or a beneficiary.
(2) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income. [2003 c.279 §30]
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.