Section 29. (a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.
(b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
(c) A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid proportionately:
(1) from income if receipts from the entity are allocated to income; and
(2) from principal if:—
(i) receipts from the entity are allocated to principal; and
(ii) the trust's share of the entity's taxable income exceeds the total receipts described in this clause and in paragraph (1).
(d) For purposes of this section, receipts allocated to principal or income shall be reduced by the amount distributed to a beneficiary from principal or income for which the trust receives a deduction in calculating the tax.
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