In the administration of any trust which is a private foundation, as defined in section 509 of the federal "Internal Revenue Code of 1986", or which is a charitable trust, as defined in section 4947 (a)(1) of the federal "Internal Revenue Code of 1986", there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by section 4942 (a) of the federal "Internal Revenue Code of 1986". No trustee of such a trust shall be required to reimburse the trust from his own property for the amount of any liability for such tax which is incurred by the trust if the trustee acted in a prudent manner and in good faith. No trustee of such a trust shall be required to reimburse the trust from his own property for any amount which he, acting prudently and in good faith, distributes from the trust, believing it to be required to be distributed in order to avoid the liability for such tax, but which later is determined not to have been required to be distributed for that purpose.
Source: L. 71: p. 590, § 1. C.R.S. 1963: § 57-10-3. L. 2000: Entire section amended, p. 1845, § 26, effective August 2.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Part 10 - Charitable, Educational, Religious, and Benevolent Trusts
§ 15-1-1001. Legislative Declaration
§ 15-1-1002. Prohibition of Certain Acts - Amendment of Governing Instrument
§ 15-1-1003. Requirement for Distribution of Certain Amounts
§ 15-1-1004. Applicability of Sections 15-1-1002 and 15-1-1003
§ 15-1-1005. Rights and Powers of Courts and Attorney General Not Impaired