Section 18. (a) If a payment is characterized as interest or a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate it to income. The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend, or an equivalent payment.
(b) If no part of a payment is characterized as interest, a dividend or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 per cent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not required to be made if it is made because the trustee exercises a right of withdrawal.
(c) If, to obtain an estate tax marital deduction for a trust, a trustee shall allocate more of a payment to income than provided for by this section, the trustee shall allocate to income the additional amount necessary to obtain the marital deduction.
(d) This section shall not apply to payments to which section 19 applies.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 203d - Principal and Income
Section 3 - Fiduciary Duties; General Principles
Section 4 - Trustee's Power to Adjust
Section 5 - Judicial Control of Discretionary Powers
Section 6 - Determination and Distribution of Net Income
Section 7 - Distribution to Residuary and Remainder Beneficiaries
Section 8 - When Right to Income Begins and Ends
Section 9 - Apportionment When Income Interest Ends
Section 10 - Character of Receipts
Section 11 - Distribution From Trust or Estate
Section 12 - Business and Other Activities Conducted by Trustee
Section 13 - Principal Receipts
Section 15 - Obligation to Pay Money
Section 16 - Insurance Policies and Similar Contracts
Section 17 - Insubstantial Allocations Not Required
Section 18 - Deferred Compensation, Annuities and Similar Payments
Section 19 - Liquidating Asset
Section 20 - Minerals, Water, and Other Natural Resources
Section 22 - Property Not Productive of Income
Section 23 - Derivatives and Options
Section 24 - Asset-Backed Securities
Section 25 - Disbursements From Income
Section 26 - Disbursements From Principal
Section 27 - Transfers From Income to Principal for Depreciation