South Dakota Codified Laws
Chapter 09 - Charitable Trusts
Section 55-9-9 - Distributions required to avoid taxes.

55-9-9. Distributions required to avoid taxes.
The trustee of a trust described in §55-9-7 shall distribute for each taxable year of the trust, amounts at least sufficient to avoid liability for the tax imposed by section 4942 (a) of the Internal Revenue Code.

Source: SL 1972, ch 259, §2 (1).

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 09 - Charitable Trusts

Section 55-9-1 - Express trusts--Creation for charitable, educational, religious, or other public use.

Section 55-9-2 - Validity of trust not affected by uncertainty or violation of rule against perpetuities--Disposal of property by trustee.

Section 55-9-3 - Action to enforce charitable trust--Liberal construction to carry out intent--Notice of action to attorney general.

Section 55-9-4 - Incomplete or imperfect trust--Purposes impracticable or impossible of performance--Administration to accomplish general purpose--Order of court with consent of donor, if alive and competent.

Section 55-9-5 - Enforcement by attorney general as representative of beneficiaries--Exception.

Section 55-9-6 - Restrictions to avoid taxability of income--Definition of terms.

Section 55-9-7 - Restrictions deemed incorporated in instrument creating charitable trust or foundation.

Section 55-9-8 - Self-dealing by trustee prohibited.

Section 55-9-9 - Distributions required to avoid taxes.

Section 55-9-10 - Retention of excess business holdings prohibited.

Section 55-9-11 - Investments to jeopardize exempt purposes prohibited.

Section 55-9-12 - Taxable expenditures prohibited.

Section 55-9-13 - Judicial determination that restrictive provisions are contrary to instrument creating trust.

Section 55-9-14 - State supervisory powers unimpaired by restrictions to avoid taxability of income.