Sec. 18. In determining the net fair market value of each asset held in the trust under sections 16 and 17 of this chapter, the value of the following may not be included:
(1) Any residential property or tangible personal property that, as of the first business day of the current valuation year, at least one (1) income beneficiary of the trust has or had the right to:
(A) occupy; or
(B) possess or control;
other than in a capacity as trustee. However, the right of occupancy or the right to possession or control shall be considered to be the unitrust amount with respect to the residential property or the tangible personal property.
(2) Any asset specifically given to a beneficiary under the terms of the trust and the return on that investment. The return on the investment shall be distributable to the beneficiary.
(3) Any assets that are held in a testator's estate.
As added by P.L.3-2003, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 15. Total Return Unitrusts
30-2-15-1. "Current Valuation Year"
30-2-15-3. "Net Fair Market Value"
30-2-15-4. "Total Return Unitrust"
30-2-15-9. Trustee's Power to Convert Trust, Reconvert Trust, and Change Unitrust Rate
30-2-15-10. Acting Without Court Approval
30-2-15-11. Petition by Trustee
30-2-15-12. Petition by Trust Beneficiary
30-2-15-13. When Court Shall Approve Conversion, Reconversion, or Change in Rate
30-2-15-14. Reconversion's Release of Power to Adjust Void
30-2-15-15. Conversion to Unitrust; Unitrust Rate
30-2-15-15.2. Unitrust Rate for a Cemetery Perpetual Care Fund
30-2-15-16. Unitrust Amount; Initial Two Years of Trust
30-2-15-17. Unitrust Amount; Successive Years
30-2-15-18. Net Fair Market Value of Unitrust Assets
30-2-15-20. Prohibited Reduction in Unitrust Amount
30-2-15-21. Adjusting Net Fair Market Values of Assets
30-2-15-22. Prorating Unitrust Amount in Short Year
30-2-15-23. Unitrust Amount's Satisfying Tax Law Requirement of Preserving Tax Benefit
30-2-15-24. Construing the Governing Instrument