Sec. 25. (a) Except as provided in subsection (b), and unless otherwise provided by the governing instrument, the unitrust amount shall be considered to have been paid from net income. The net income of the trust shall be determined as if the trust were not a unitrust.
(b) To the extent that:
(1) net income is insufficient to pay the unitrust amount, the unitrust amount shall be considered to have been paid from net realized short term capital gains;
(2) net income and net realized short term capital gains are insufficient to pay the unitrust amount, the unitrust amount shall be considered to have been paid from net realized long term capital gains; and
(3) net income and net realized short term and net long term capital gains are insufficient to pay the unitrust amount, the unitrust amount shall be considered to have been paid from the principal of the trust.
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