Code of Alabama

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19-3A-402
Section 19-3A-402 Distributions from trust or decedent's estate. A fiduciary shall allocate
to income an amount received as a distribution of income from a trust or a decedent's estate
in which the trust has an interest other than a purchased interest, and shall allocate to
principal an amount received as a distribution of principal from such a trust or decedent's
estate. If a fiduciary purchases an interest in a trust that is an investment entity, or a
decedent or donor transfers an interest in such a trust to a fiduciary, then Section 19-3A-401
or Section 19-3A-415 applies to a receipt from such a trust. (Act 2000-675, p. 1343, §1.)...

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11-104-5
Section 11-104-5 Funding; trust investments. (a) Subject to any limitations necessary to ensure
the tax-exempt status of a trust, the sources of funding to a trust may be any of the following:
(1) Appropriations made by the governmental entity. (2) Contributions by employees and retired
employees. (3) Employer contributions. (4) Investment income. (5) Proceeds of any gifts, grants,
or contributions. (6) Transfers from another trust or fund held by a governmental entity.
(7) Bonds, warrants, notes, or other evidence of indebtedness. (8) All other sources permitted
by law. (b) Subject to payment for fees and reasonable expenses of maintaining a trust, the
funds deposited into a trust shall be used for the exclusive purpose of funding post-employment
benefit obligations of the governmental entity or entities. The agreements creating a trust
shall be irrevocable, subject to subsection (e) of Section 11-104-3 and Section 11-104-8,
and the assets of a trust shall not be expended, disbursed,...
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41-10-61
Section 41-10-61 Exemption from taxation of bonds, properties, income, etc., of authority;
use of bonds as security for deposits of state funds; investment of trust funds in bonds.
(a) The properties of the authority and the income therefrom and all lease agreements made
by the authority and income therefrom shall be forever exempt from any and all taxation in
the State of Alabama. The bonds of the authority and the income therefrom shall be forever
exempt from any and all taxation in the State of Alabama. (b) Any of the bonds may be used
by the holder thereof as security for the deposit of any funds belonging to the state or to
any instrumentality or agency of the state in any instance where security for such deposits
may be required by law. (c) Unless otherwise directed by the court having jurisdiction thereof
or by the document that is the source of authority, a trustee, executor, administrator, guardian
or one acting in any other fiduciary capacity may, in addition to any other...
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40-18-312
Section 40-18-312 Distributions from catastrophe savings account; additional tax. (a) A distribution
from a catastrophe savings account must be included in the income of the taxpayer unless the
amount of the distribution is used to cover qualified catastrophe expenses. (b) No amount
is included in income, pursuant to subsection (a), if the qualified catastrophe expenses of
the taxpayer during the taxable year are equal to or greater than the aggregate distributions
during the taxable year. (c) If aggregate distributions exceed the qualified catastrophe expenses
during the taxable year, the amount otherwise included in income must be reduced by the amount
of the distributions for qualified catastrophe expenses. (d)(1) The tax paid pursuant to Section
40-18-5, attributable to a taxable distribution must be increased by two and one-half percent
of the amount which is includable in income. (2) This additional tax does not apply if any
of the following occur: a. The taxpayer no longer owns...
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19-4A-1
Section 19-4A-1 Idle funds defined. Idle funds are defined as collected income and principal
cash balances received by a fiduciary and held awaiting investment in or distribution from
a fiduciary account. As used in this chapter, the term "fiduciary account" shall
mean any account for which the bank or trust company has investment responsibility. (Acts
1991, No. 91-129, p. 163, §1(a).)...
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19-3A-503
Section 19-3A-503 Transfers from income to principal for depreciation. (a) In this section,
"depreciation" means a reduction in value due to wear, tear, decay, corrosion, or
gradual obsolescence of a fixed asset having a useful life of more than one year. (b) A fiduciary
may transfer from income to principal a reasonable amount of the net cash receipts from a
principal asset that is subject to depreciation, but may not transfer any amount for depreciation
in any of the following circumstances: (1) As to the portion of a. real property used or available
for use by a beneficiary as a residence or b. tangible personal property held or made available
for the personal use or enjoyment of a beneficiary; (2) During the administration of a decedent's
estate; or (3) If the fiduciary is accounting separately for the business or activity in which
the asset is used, pursuant to Section 19-3A-403. (c) An amount transferred from income to
principal need not be held as a separate fund. (Act 2000-675,...
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40-18-24.2
Section 40-18-24.2 Taxation of pass-through entities. (a) For purposes of this section and
Section 40-18-24.3, the following terms shall have the following meanings: (1) MEMBER. An
individual, estate, trust or business trust as defined in Section 40-18-1, a corporation as
defined in Section 40-18-1, or Subchapter K entity as defined in Section 40-18-1, that is
a partner in a general, limited, limited liability, or limited liability limited partnership,
or a member of a limited liability company. (2) NONRESIDENT. a. An individual who is not a
resident of or domiciled in this state during the applicable tax year. b. A nonresident trust
as defined in Section 40-18-1. c. A nonresident estate as defined in Section 40-18-1. d. A
foreign corporation as defined in Section 40-18-1, not commercially domiciled in this state
during the applicable tax year. e. A Subchapter K entity or business trust that is created
or organized under the laws of a jurisdiction other than this state and that is not...
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45-37-123.108
Section 45-37-123.108 Direct rollovers. Except as otherwise specifically provided in this section,
this section shall be effective as of January 1, 1993. (1) ROLLOVERS GENERALLY. a. Notwithstanding
any provision of the plan to the contrary that would otherwise limit a distributee's election
under this section, a distributee, at the time and in the manner prescribed by the pension
board, may elect to have any portion of an eligible rollover distribution that is equal to
at least two hundred dollars ($200) paid directly to an eligible retirement plan specified
by the distributee in a direct rollover. b. For purposes of this subdivision, the following
definitions shall apply: 1.(i) An eligible rollover distribution is any distribution of all
or any portion of the balance to the credit of the distributee, except that an eligible rollover
distribution does not include: Any distribution that is one of a series of substantially equal
periodic payments, not less frequently than annually, made...
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45-8A-22.121
Section 45-8A-22.121 Partial lump sum option. (a) Notwithstanding Section 45-8A-22.120, effective
with respect to distributions before October 1, 2012, a participant may elect to receive a
partial lump sum option whereby the amount of his or her monthly retirement benefit shall
be reduced, in return for the payment to the participant of a lump sum amount, in cash, at
the time his or her monthly pension is first payable. The participant may elect to receive
the lump sum, which is based on the reduced amount of his or her regular monthly benefit,
before any reduction for survivor benefits, for life multiplied by the specified number of
months, as set forth below: Reduction Factor Multiplier 0.91 12 months 0.83 24 months 0.77
36 months 0.71 48 months 0.67 60 months Lump Sum Benefit = Monthly Retirement Benefit X Reduction
Factor X Multiplier The monthly benefit then shall be reduced appropriately for survivor benefit
options. (b) Effective with respect to distributions on and after...
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19-3B-506
Section 19-3B-506 Overdue distribution. (a) In this section, "mandatory distribution"
means a distribution of income or principal that the trustee is required to make to a beneficiary
under the terms of the trust, including a distribution upon termination of the trust. The
term excludes a distribution subject to the exercise of the trustee's discretion regardless
of whether the terms of the trust (i) include a support or other standard to guide the trustee
in making distribution decisions or (ii) provide that the trustee "may" or "shall"
make discretionary distributions, including distributions pursuant to a support or other standard.
(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary
may compel a mandatory distribution of income or principal to a beneficiary, including a distribution
upon termination of the trust, if the trustee has not made the distribution to the beneficiary
within a reasonable time after the mandated distribution...
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