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19-3A-105
Section 19-3A-105 Express unitrusts. Except to the extent otherwise provided in the governing
instrument, the following provisions shall apply to a trust which by its governing instrument
requires distribution of a unitrust amount (whether payable in a single sum or in installments),
such trust to be referred to as an "express unitrust": (1) The income and net income
of an express unitrust is the unitrust amount, but only if the unitrust amount is not less
than three percent and not more than five percent of the net fair market value of the trust
assets. If the unitrust amount is more than five percent of the net fair market value of the
trust assets, the income and net income shall be five percent of the net fair market value
of the trust assets, and the excess over five percent shall be considered to be principal
of the trust. (2) Expenses which would be deducted from income if the trust were not an express
unitrust shall not be deducted from the unitrust amount. (3) The trustee,...
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19-3A-409
Section 19-3A-409 Deferred compensation, annuities, and similar payments. (a) In this section:
(1) "Payment" means a payment that a fiduciary may receive over a fixed number of
years or during the life of one or more individuals because of services rendered or property
transferred to the payer in exchange for future payments. The term includes a payment made
in money or property from the payer's general assets or from a separate fund created by the
payer. For purposes of subsections (d), (e), (f), and (g), the term also includes any payment
from any separate fund, regardless of the reason for the payment. (2) "Separate fund"
includes a private or commercial annuity, an individual retirement account, and a pension,
profit-sharing, stock-bonus, or stock-ownership plan. (b) To the extent that a payment or
portion thereof is characterized by other sections of this chapter as income in the hands
of the payer, a fiduciary shall allocate such payment or portion thereof to income. The...
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19-3A-501
Section 19-3A-501 Disbursements from income. A trustee shall make the following disbursements
from income to the extent that they are not disbursements to which Section 19-3A-201(c)(2)
or Section 19-3A-201(c)(3) applies: (a) All of the regular compensation of the trustee and
of any person providing investment advisory or custodial services to the trustee, to the extent
not charged to principal pursuant to Section 19-3A-502(a)(1); (b) All expenses for accountings,
judicial proceedings, or other matters that involve both the income and remainder interests,
to the extent not charged to principal pursuant to Section 19-3A-502(a)(1); (c) All of the
other ordinary expenses incurred in connection with the administration, management, or preservation
of trust property and the distribution of income, including interest, ordinary repairs, regularly
recurring taxes assessed against principal, and expenses of a proceeding or other matter that
concerns primarily the income interest; (d) All...
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19-3A-405
Section 19-3A-405 Rental property. To the extent the fiduciary does not account for receipts
from rental property pursuant to Section 19-3A-403, the fiduciary shall allocate to income
an amount received as rent of real or personal property, including an amount received for
cancellation or renewal of a lease. An amount received as a refundable deposit, including
a security deposit or a deposit that is to be applied as rent for future periods, shall be
added to principal and held subject to the terms of the lease and is not available for distribution
to a beneficiary until the fiduciary's contractual obligations have been satisfied with respect
to that amount. (Act 2000-675, p. 1343, §1.)...
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19-3A-410
Section 19-3A-410 Liquidating assets. (a) In this section, "liquidating asset" means
an asset whose value will diminish or terminate because the asset is expected to produce receipts
for a period of limited duration. The term includes a leasehold, patent, copyright, royalty
right, and right to receive payments under an arrangement that does not provide for the payment
of interest on the unpaid balance. The term does not include a payment subject to Section
19-3A-409, natural resources subject to Section 19-3A-411, timber subject to Section 19-3A-412,
an activity subject to Section 19-3A-414, an asset subject to Section 19-3A-415, or any asset
for which the fiduciary establishes a reserve for depreciation under Section 19-3A-503. (b)
A fiduciary shall allocate to income ten percent (10%) of the receipts from a liquidating
asset and the balance to principal. (Act 2000-675, p. 1343, §1.)...
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19-3A-502
Section 19-3A-502 Disbursements from principal. (a) A trustee shall make the following disbursements
from principal: (1) An amount, not to exceed fifty percent (50%), of the disbursements described
in Section 19-3A-501(a) and Section 19-3A-501(b); (2) All of the trustee's compensation calculated
on principal as a fee for acceptance, distribution, or termination, and disbursements made
to prepare property for sale; (3) Payments on the principal of a trust debt; (4) Expenses
of a proceeding that concerns primarily principal, including a proceeding to construe the
trust or to protect the trust or its property; (5) Premiums paid on a policy of insurance
not described in Section 19-3A-501(d), of which the trust is the owner and beneficiary; and
(6) Estate, inheritance, and other transfer taxes, including penalties thereon, apportioned
to the trust which carries the name of the estate. (b) If a principal asset is encumbered
with an obligation that requires income from that asset to be paid...
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19-3B-813
Section 19-3B-813 Duty to inform and report. (a) Except as otherwise provided in Section 19-3B-603,
the following rules apply: (1) A trustee shall keep the current permissible distributees of
income or principal of the trust reasonably informed about the administration of the trust
and of the material facts necessary for them to protect their interests. (2) Unless unreasonable
under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request
for information related to the administration of the trust. (b) A trustee: (1) upon request
of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
(2) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries
of the acceptance and of the trustee's name, address, and telephone number; (3) within 60
days after accepting the trusteeship of an irrevocable trust, or the date the trustee acquires
knowledge that a formerly revocable trust has become irrevocable,...
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19-3D-13
Section 19-3D-13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TRUST FOR BENEFICIARY
WITH DISABILITY. (a) In this section the following terms have the following meanings: (1)
BENEFICIARY WITH A DISABILITY. A beneficiary of a first trust who the authorized fiduciary
believes may qualify for governmental benefits based on disability, whether or not the beneficiary
currently receives those benefits or is an individual who has been adjudicated incompetent
or incapacitated. (2) GOVERNMENTAL BENEFITS. Financial aid or services from a state, federal,
or other public agency. (3) SPECIAL-NEEDS FIDUCIARY. With respect to a trust that has a beneficiary
with a disability: (A) a trustee or other fiduciary, other than a settlor, that has discretion
to distribute part or all of the principal of a first trust to one or more current beneficiaries;
(B) if no trustee or fiduciary has discretion under...
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40-14A-24
Section 40-14A-24 Net worth in Alabama. (a) A taxpayer's net worth in Alabama shall be determined
by apportioning the taxpayer's net worth computed under Section 40-14A-23 in the same manner
as prescribed for apportioning income during the determination period for purposes of the
income tax levied by Chapter 18, or the manner in which the income would be apportioned if
the taxpayer were subject to the income tax, or for the purposes of the financial institution
excise tax levied by Chapter 16; provided, however, that the net worth of insurers subject
to the insurance premium tax levied by Chapter 4A of Title 27 shall be apportioned on the
basis of the ratio of the insurer's Alabama premium income to its nationwide total direct
premiums as reflected on schedule T of the insurer's annual statement filed with the Commissioner
of Insurance for the then immediately preceding calendar year. (b) There shall be deducted
from the amount of net worth in Alabama as determined in accordance with...
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40-18-21
Section 40-18-21 Credits for taxes paid on income from sources outside the state and for job
development fees. (a)(1) For the purpose of ascertaining the income tax due under the provisions
of this chapter by individual residents of Alabama whose gross income, as defined herein,
is derived from sources both within and outside the State of Alabama, there shall be allowed
a credit against the amount of tax found to be due by such resident, on account of income
derived from outside the State of Alabama, the amount of income tax actually paid by such
resident to any state or territory on account of business transacted or property held, directly
or indirectly, outside the State of Alabama. Resident individual owners of Subchapter K entities,
Alabama S corporations, and beneficiaries of estates or trusts who include their proportionate
share of the income arising from one or more of these entities in their Alabama gross income
shall be allowed a credit for their proportionate share of the...
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