637.601 Definitions.
For purposes of this subchapter:
1. “Disinterested person” means a person who is not a related or subordinate party as defined in section 672(c) of the Internal Revenue Code with respect to the person acting as trustee of the trust and excludes the trustor of the trust and any interested trustee.
2. “Income trust” means a trust, created by either an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to one or more persons, either in fixed proportions or in amounts or proportions determined by the trustee. However, a trust that does not meet this definition is nonetheless an income trust if the trust is subject to taxation under section 2001 or 2501 of the Internal Revenue Code, until the expiration of the period for filing the return, including extensions.
3. “Interested distributee” means a person, to whom distributions of income or principal can currently be made, who has the power to remove the existing trustee and designate as successor a person who may be a related or subordinate party, as defined in section 672(c) of the Internal Revenue Code, with respect to such distributee.
4. “Interested trustee” means any of the following:
a. An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were to terminate and be distributed.
b. Any trustee who may be removed and replaced by an interested distributee.
c. An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust.
5. “Total return unitrust” means an income trust which has been converted under and meets the provisions of this subchapter.
6. “Trustee” means a person acting as trustee of the trust, except where expressly noted otherwise, whether acting in the trustee’s discretion or on the direction of one or more persons acting in a fiduciary capacity.
7. “Trustor” means an individual who creates an inter vivos or a testamentary trust.
8. “Unitrust amount” means an amount computed as a percentage of the fair market value of the trust.
99 Acts, ch 124, §30; 2002 Acts, ch 1086, §5, 21; 2003 Acts, ch 108, §110
Referred to in §637.613
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT
Section 637.101 - Short title.
Section 637.102 - Definitions.
Section 637.103 - Fiduciary duties — general principles.
Section 637.201 - Determination and distribution of net income.
Section 637.202 - Distribution to residuary and remainder beneficiaries.
Section 637.301 - When right to income begins and ends.
Section 637.303 - Apportionment when income interest ends.
Section 637.401 - Character of receipts.
Section 637.402 - Distribution from trust or estate.
Section 637.403 - Business and other activities conducted by trustee.
Section 637.410 - Principal receipts.
Section 637.411 - Rental property.
Section 637.412 - Obligation to pay money.
Section 637.413 - Insurance policies and similar contracts.
Section 637.420 - Insubstantial allocations not required.
Section 637.421 - Deferred compensation, annuities, and similar payments.
Section 637.422 - Liquidating asset.
Section 637.423 - Minerals, water, and other natural resources.
Section 637.425 - Property not productive of income.
Section 637.426 - Derivatives and options.
Section 637.427 - Asset-backed securities.
Section 637.501 - Disbursements from income.
Section 637.502 - Disbursements from principal.
Section 637.503 - Transfers from income to principal for depreciation.
Section 637.504 - Transfers from income to reimburse principal.
Section 637.505 - Income taxes.
Section 637.506 - Adjustments between principal and income because of taxes.
Section 637.601 - Definitions.
Section 637.602 - Trustee’s authority to convert.
Section 637.603 - Trustee requirements to convert or change computation method.
Section 637.604 - Interested trustee’s authority to convert.
Section 637.605 - Interested trustee requirements to convert or change computation method.
Section 637.606 - Petition to court to convert trust.
Section 637.607 - Valuation of trust.
Section 637.608 - Payout percentage.
Section 637.609 - Unitrust amount.
Section 637.610 - Procedure upon conversion of income trust to total return unitrust.
Section 637.611 - Total return unitrust administration.
Section 637.612 - Principal distributions subject to governing instrument.
Section 637.613 - Construction and applicability.
Section 637.614 - Good faith actions.
Section 637.615 - Effective date.
Section 637.701 - Application of chapter to existing trusts and estates — chapter prevails.