South Dakota Codified Laws
Chapter 13A - Uniform Principal And Income Act
Section 55-13A-301 - When right to income begins and ends.

55-13A-301. When right to income begins and ends.
(a) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.
(b) An asset becomes subject to a trust:
(1)On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life;
(2)On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or
(3)On the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death.
(c) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (d), even if there is an intervening period of administration to wind up the preceding income interest.
(d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.

Source: SL 2007, ch 282, ยง8.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 13A - Uniform Principal And Income Act

Section 55-13A-101 - Short title.

Section 55-13A-102 - Definitions.

Section 55-13A-103 - Fiduciary duties--General principles.

Section 55-13A-104 - Trustee's power to adjust.

Section 55-13A-105 - Judicial control of discretionary power.

Section 55-13A-201 - Determination and distribution of net income.

Section 55-13A-202 - Distribution to residuary and remainder beneficiaries.

Section 55-13A-301 - When right to income begins and ends.

Section 55-13A-302 - Apportionment of receipts and disbursements when decedent dies or income interest begins.

Section 55-13A-303 - Apportionment when income interest ends.

Section 55-13A-401 - Character of receipts.

Section 55-13A-402 - Distribution from trust or estate.

Section 55-13A-403 - Business and other activities conducted by trustee.

Section 55-13A-404 - Principal receipts.

Section 55-13A-405 - Rental property.

Section 55-13A-406 - Obligation to pay money.

Section 55-13A-407 - Insurance policies and similar contracts.

Section 55-13A-408 - Insubstantial allocations not required.

Section 55-13A-409 - Deferred compensation, annuities, and similar payments.

Section 55-13A-410 - Liquidating asset.

Section 55-13A-411 - Minerals, water, and other natural resources.

Section 55-13A-412 - Timber.

Section 55-13A-413 - Property not productive of income.

Section 55-13A-414 - Derivatives and options.

Section 55-13A-415 - Asset-backed securities.

Section 55-13A-501 - Disbursements from income.

Section 55-13A-502 - Disbursements from principal.

Section 55-13A-503 - Transfers from income to principal for depreciation.

Section 55-13A-504 - Transfers from income to reimburse principal.

Section 55-13A-505 - Income taxes.

Section 55-13A-506 - Adjustments between principal and income because of taxes.

Section 55-13A-601 - Uniformity of application and construction.

Section 55-13A-602 - Application of chapter to existing trusts and estates.