Sec. 28. (a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.
(b) A trustee shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than one (1) year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one (1) year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust must be allocated to income.
(c) Notwithstanding any other provision of this section, when an obligation described in this section is held as an asset of a charitable remainder trust, an increase in the value of the obligation over the value of the obligation at the time of acquisition by the trust is distributable as income. For purposes of this subsection, the increase in value is available for distribution only when the trustee receives cash on account of the obligation. If the obligation is surrendered or liquidated partially, the cash available shall be attributed first to the increase. The increase is distributable to the income beneficiary who is the income beneficiary at the time the cash is received.
(d) This section does not apply to an obligation to which section 31, 32, 33, 34, 36, or 37 of this chapter applies.
As added by P.L.84-2002, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 14. Uniform Principal and Income Act
30-2-14-0.1. Application of Chapter; Application of Certain Amendments to Chapter
30-2-14-1. "Accounting Period" Defined
30-2-14-2. "Beneficiary" Defined
30-2-14-5. "Income Beneficiary" Defined
30-2-14-6. "Income Interest" Defined
30-2-14-7. "Mandatory Income Interest" Defined
30-2-14-8. "Net Income" Defined
30-2-14-10. "Principal" Defined
30-2-14-11. "Remainder Beneficiary" Defined
30-2-14-12. "Terms of a Trust"
30-2-14-13.5. Personal Representative as a Fiduciary
30-2-14-14. Allocating Receipts and Disbursements Between Principal and Income
30-2-14-15. Power of Trustee to Adjust Between Principal and Income
30-2-14-16. Notice of Proposed Action
30-2-14-17. Discretionary Powers of Fiduciary; Failure to Exercise Power; Remedies
30-2-14-18. Distributions to Beneficiaries; Payment of Fees and Costs
30-2-14-19. Beneficiary's Share of Net Income
30-2-14-20. Income Interest; Asset Subject to Trust
30-2-14-21. Income Receipts and Disbursements
30-2-14-22. Termination of Mandatory Income Interest
30-2-14-23. Receipts From an Entity
30-2-14-24. Distributions of Principal and Income From Trust or Estate
30-2-14-25. Separate Accounting Records for Business or Activity
30-2-14-26. Receipts and Property Allocated to Principal
30-2-14-27. Rental Property Receipts
30-2-14-28. Obligation to Pay Money to Trustee
30-2-14-29. Life Insurance Policy Proceeds; Proceeds of Other Contracts
30-2-14-30. Insubstantial Allocation Between Principal and Income
30-2-14-31. Allocating Payments to Principal or Income
30-2-14-32. Receipts From Liquidating Asset
30-2-14-33. Receipts From an Interest in Minerals or Other Natural Resources
30-2-14-34. Net Receipts From the Sale of Timber and Related Products
30-2-14-35. Marital Deduction for Trust Assets
30-2-14-36. Transactions in Derivatives; Granting, Acquiring, or Exercising an Option
30-2-14-37. Asset Backed Securities
30-2-14-38. Disbursements From Income
30-2-14-39. Disbursements From Principal