South Dakota Codified Laws
Chapter 13A - Uniform Principal And Income Act
Section 55-13A-302 - Apportionment of receipts and disbursements when decedent dies or income interest begins.

55-13A-302. Apportionment of receipts and disbursements when decedent dies or income interest begins.
(a) A trustee shall allocate an income receipt or disbursement other than one to which §55-13A-201(1) applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.
(b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.
(c) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which §55-13A-401 applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.

Source: SL 2007, ch 282, §9.

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.