Revised Code of Washington
Chapter 11.110 - Charitable Trusts.
11.110.210 - Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions.

RCW 11.110.210
Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions.

The trust instrument of each trust to which RCW 11.110.200 through 11.110.260 applies shall be deemed to contain provisions prohibiting the trustee from:
(1) Engaging in any act of "self-dealing," as defined in section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code;
(2) Retaining any "excess business holdings," as defined in section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code;
(3) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code; and
(4) Making any "taxable expenditures," as defined in section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code:
PROVIDED, That this section shall not apply either to those split-interest trusts or to amounts thereof which are not subject to the prohibitions applicable to private foundations by reason of the provisions of section 4947 of the Internal Revenue Code.

[ 1993 c 73 § 7; 1985 c 30 § 130. Prior: 1984 c 149 § 162; 1971 c 58 § 2. Formerly RCW 19.10.210.]
NOTES:

Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.


Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

Structure Revised Code of Washington

Revised Code of Washington

Title 11 - Probate and Trust Law

Chapter 11.110 - Charitable Trusts.

11.110.010 - Purpose of chapter.

11.110.020 - Definitions.

11.110.040 - Information, documents, and reports are public records—Inspection—Publication.

11.110.051 - Registration of trustee—Requirements—Exception—Application of chapter to nonregistered trustees.

11.110.060 - Instrument establishing trust, inventory of assets, registration status, successor trustee information, and amendments to be filed.

11.110.070 - Tax or information return or report—Filing—Rules—Forms.

11.110.075 - Trust not exclusively for charitable purposes—Instrument and information not public—Access.

11.110.090 - Uniformity of chapter with laws of other states.

11.110.100 - Investigations by attorney general authorized—Appearance and production of books, papers, documents, etc., may be required.

11.110.110 - Order to appear—Effect—Enforcement—Appellate review.

11.110.120 - Proceedings to secure compliance and proper trust administration—Attorney general to be notified of judicial proceedings involving charitable trust—Powers and duties additional.

11.110.125 - Violations—Refusal to file reports, perform duties, etc.

11.110.130 - Violations—Civil action may be prosecuted.

11.110.140 - Penalty.

11.110.200 - Tax Reform Act of 1969, state implementation—Application of RCW 11.110.200 through 11.110.260 to certain trusts defined in federal code.

11.110.210 - Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions.

11.110.220 - Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain certain provisions for distribution.

11.110.230 - Tax Reform Act of 1969, state implementation—Rights, powers, of courts, attorney general, not impaired.

11.110.250 - Tax Reform Act of 1969, state implementation—Application to trust created after June 10, 1971, or amendment to existing trust.

11.110.260 - Tax Reform Act of 1969, state implementation—Severability—RCW 11.110.200 through 11.110.260.

11.110.270 - Tax Reform Act of 1969, state implementation—Not for profit corporations.