Montana Code Annotated
Part 4. Montana Uniform Principal and Income Act
72-34-422. Definitions

72-34-422. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Accounting period" means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends.
(2) "Fiduciary" means a personal representative or a trustee.
(3) "Income" means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in 72-34-433 through 72-34-447.
(4) "Income beneficiary" means a person to whom net income of a trust is or may be payable.
(5) "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the trust requires it to be distributed or authorizes it to be distributed in the trustee's discretion.
(6) "Mandatory income interest" means the right of an income beneficiary to receive net income that the trust requires the fiduciary to distribute.
(7) "Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the accounting period, plus or minus transfers under this chapter to or from income during the accounting period.
History: En. Sec. 2, Ch. 506, L. 2003.

Structure Montana Code Annotated

Montana Code Annotated

Title 72. Estates, Trusts, and Fiduciary Relationships

Chapter 34. Principal and Income

Part 4. Montana Uniform Principal and Income Act

72-34-401. Repealed

72-34-402. Repealed

72-34-403. Repealed

72-34-404. Repealed

72-34-405. Repealed

72-34-406. Repealed

72-34-407. Repealed

72-34-408. Repealed

72-34-409. Repealed

72-34-410. Repealed

72-34-411. Repealed

72-34-412. Repealed

72-34-413. through 72-34-415 reserved

72-34-416. Repealed

72-34-417. through 72-34-420 reserved

72-34-421. Short title

72-34-422. Definitions

72-34-423. Allocation between principal and income -- impartial exercise of discretion

72-34-424. Adjustments between principal and income

72-34-425. Notice of proposed action -- objections by beneficiary -- liability of trustee -- proceedings

72-34-426. Proceedings relating to adjustments -- remedy

72-34-427. Application of part

72-34-428. Rules applicable after decedent's death or termination of income interest

72-34-429. Beneficiary's portion of net income -- maintenance of records -- distribution date

72-34-430. Beneficiary's entitlement to net income -- assets subject to trust -- assets subject to successive income interest -- termination of income interest

72-34-431. Allocation of income receipt or disbursement

72-34-432. Undistributed income -- definition -- payment to beneficiary

72-34-433. Allocation of receipts to income or principal -- entity defined

72-34-434. Allocation of amounts received from specified trusts or estates

72-34-435. Separate accounting records for business or other activity

72-34-436. Amounts allocated to principal

72-34-437. Amounts received from rental property allocation

72-34-438. Interest on obligation to pay money -- allocation

72-34-439. Life insurance policy proceeds -- proceeds of contracts insuring against certain losses -- allocation

72-34-440. Insubstantial allocation -- allocation of entire amount to principal -- exceptions

72-34-441. Payments characterized as interest or dividend -- allocation to income -- allocation of other payments -- excess allocation to income in order to obtain estate tax marital deduction

72-34-442. Receipts from liquidating assets -- allocation

72-34-443. Receipts from mineral interests and other natural resources -- allocation

72-34-444. Receipts from sale of timber and related products -- allocation

72-34-445. Increasing income in order to maintain marital deduction

72-34-446. Transactions in derivatives -- allocations of receipts and disbursements -- options to buy or sell property -- allocation of amounts received or paid

72-34-447. Payments from collateral financial assets and payments in exchange for interest in asset-backed security -- allocation

72-34-448. Disbursements from income

72-34-449. Disbursements from principal

72-34-450. Assets subject to depreciation -- transfer from income to principal of portion of net cash receipts

72-34-451. Transfer from income to principal in anticipation of principal disbursement

72-34-452. Payment of taxes

72-34-453. Adjustments between principal and income in certain cases