55-13-4. When right to income arises--Apportionment of income.
(a)An income beneficiary is entitled to income from the date specified in the trust instrument, or, if none is specified, from the date an asset becomes subject to the trust. In the case of an asset becoming subject to a trust by reason of a will, it becomes subject to the trust as of the date of the death of the testator even though there is an intervening period of administration of the testator's estate.
(b)In the administration of a decedent's estate or an asset becoming subject to a trust by reason of a will
(1)receipts due but not paid at the date of death of the testator are principal;
(2)receipts in the form of periodic payments (other than corporate distributions to stockholders), including rent, interest, or annuities, not due at the date of the death of the testator shall be treated as accruing from day to day. That portion of the receipt accruing before the date of death is principal, and the balance is income.
(c)In all other cases, any receipt from an income producing asset is income even though the receipt was earned or accrued in whole or in part before the date when the asset became subject to the trust.
(d)On termination of an income interest, the income beneficiary whose interest is terminated, or his estate, is entitled to
(1)income undistributed on the date of termination;
(2)income due but not paid to the trustee on the date of termination;
(3)income in the form of periodic payments (other than corporate distributions to stockholders), including rent, interest, or annuities, not due on the date of termination, accrued from day to day.
(e)Corporate distributions to stockholders shall be treated as due on the day fixed by the corporation for determination of stockholders of record entitled to distribution or, if no date is fixed, on the date of declaration of the distribution by the corporation.
Source: SL 1984, ch 323, ยง4.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 13 - Revised Uniform Principal And Income Act
Section 55-13-1 - Definitions.
Section 55-13-2 - Duty of trustee as to receipts and expenditures.
Section 55-13-3 - Income--Principal--Charges.
Section 55-13-4 - When right to income arises--Apportionment of income.
Section 55-13-5 - Income earned during administration of a decedent's estate.
Section 55-13-6 - Corporate distributions.
Section 55-13-7 - Increase in value of certain trust investments distributable as income.
Section 55-13-8 - Business and farming operations.
Section 55-13-9 - Disposition of natural resources.
Section 55-13-11 - Other property subject to depletion.
Section 55-13-13 - Charges against income and principal.
Section 55-13-14 - Application of chapter.
Section 55-13-15 - Uniformity of interpretation.
Section 55-13-16 - Short title.
Section 55-13-17 - Severability.
Section 55-13-18 - Application of chapter to existing trusts and estates.