40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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19-3-301
Section 19-3-301 Power to amend trust instrument. (a) The trustee of a trust, whenever created,
which is or is treated as a private foundation as defined in Section 509 of the Internal Revenue
Code of 1954, a charitable trust as defined in Section 4947(a)(1) of the Internal Revenue
Code of 1954, or a split-interest trust as defined in Section 4947(a)(2) of the Internal Revenue
Code of 1954, may amend the terms of the governing instrument to the extent necessary to bring
the trust into conformity with the requirements for: (1) Termination of private foundation
status in the manner described in Section 507(b) thereof; (2) Exemption of the trust from
the taxes imposed by Sections 4941 to 4945, inclusive, thereof; or (3) Exclusion of the trust
from private foundation status under Section 509(a)(3) thereof, and for this latter purpose
may release, extinguish or renounce any power contained in the governing instrument, may reduce
or limit the charitable organizations or classes of charitable...
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19-3B-414
Section 19-3B-414 Modification or termination of uneconomic trust. (a) After notice to the
qualified beneficiaries, the trustee of a trust consisting of trust property having a total
value less than $50,000 may terminate the trust if the trustee concludes that the value of
the trust property is insufficient to justify the cost of administration. (b) The court may
modify or terminate a trust or remove the trustee and appoint a different trustee if it determines
that the value of the trust property is insufficient to justify the cost of administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust
property in a manner consistent with the purposes of the trust. (d) This section does not
apply to an easement for conservation or preservation. (Act 2006-216, p. 314, §1.)...
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19-3B-110
Section 19-3B-110 Others treated as qualified beneficiaries. (a) Whenever notice to qualified
beneficiaries of a trust is required under this chapter, the trustee must also give notice
to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization
expressly designated to receive distributions under the terms of a charitable trust has the
rights of a qualified beneficiary under this chapter if the charitable organization, on the
date of the charitable organization's qualification is being determined: (1) is a distributee
or a permissible distributee of trust income or principal; (2) would be a distributee or permissible
distributee of trust income or principal upon the termination of the interests of other distributees
or permissible distributees then receiving or eligible to receive distributions; or (3) would
be a distributee or permissible distributee of trust income or principal if the trust terminated
on that date. (c) A person appointed to...
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19-3B-417
Section 19-3B-417 Combination and division of trusts. After notice to the qualified beneficiaries,
a trustee may combine two or more trusts into a single trust or divide a trust into two or
more separate trusts, if the result does not impair rights of any beneficiary or adversely
affect achievement of the purposes of the trust. (Act 2006-216, p. 314, §1.)...
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19-3-300
Section 19-3-300 Trustee not to engage in certain acts subjecting trust to federal taxation.
Notwithstanding any provision to the contrary in the governing instrument or under any other
law of this state and except as otherwise provided by judgment of a court or by a provision
of the governing instrument, which in either case is entered or made after October 1, 1971,
and expressly limits the applicability of this article, the trustee of a trust, whenever created,
which is or is treated as a private foundation as defined in Section 509 of the Internal Revenue
Code of 1954, a charitable trust as defined in Section 4947(a)(1) of the Internal Revenue
Code of 1954, or a split-interest trust as defined in Section 4947(a)(2) of the Internal Revenue
Code of 1954, during the period it is or is treated as a private foundation, charitable trust
or split-interest trust as so defined: (1) Shall not engage in any act of self-dealing as
defined in Section 4941(d) thereof; (2) Shall distribute for...
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19-3D-16
Section 19-3D-16 Change in compensation. (a) If a first-trust instrument specifies an authorized
fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the
fiduciary's compensation above the specified compensation unless: (1) all qualified beneficiaries
of the second trust consent to the increase in a signed record; or (2) the increase is approved
by the court. (b) If a first-trust instrument does not specify an authorized fiduciary's compensation,
the fiduciary may not exercise the decanting power to increase the fiduciary's compensation
above the compensation permitted by Chapter 3B (commencing with Section 19-3B-101) of this
title, unless: (1) all qualified beneficiaries of the second trust consent to the increase
in a signed record; or (2) the increase is approved by the court. (c) A change in an authorized
fiduciary's compensation which is incidental to other changes made by the exercise of the
decanting power is not an increase in the fiduciary's...
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19-3B-705
Section 19-3B-705 Resignation of trustee. (a) A trustee may resign: (1) upon at least 30 days'
notice to the qualified beneficiaries, the settlor, if living, and all co-trustees; or (2)
with the approval of the court. (b) In approving a resignation, the court may issue orders
and impose conditions reasonably necessary for the protection of the trust property. (c) Any
liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions
of the trustee is not discharged or affected by the trustee's resignation. (Act 2006-216,
p. 314, §1.)...
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19-3A-103
Section 19-3A-103 Fiduciary duties; general principles. (a) In allocating receipts and disbursements
to or between principal and income, and with respect to any matter within the scope of Article
2 and Article 3, a fiduciary: (1) Shall administer a trust or decedent's estate in accordance
with the terms of the trust or the will, even if there is a different provision in this chapter;
(2) May administer a trust or decedent's estate by the exercise of a discretionary power of
administration given to the fiduciary by the terms of the trust or the will, even if the exercise
of the power produces a result different from a result required or permitted by this chapter;
(3) Subject to the provisions of Section 19-3A-104, shall administer a trust or decedent's
estate in accordance with this chapter if the terms of the trust or the will do not contain
a different provision or do not give the fiduciary a discretionary power of administration;
and (4) Shall add a receipt or charge a disbursement...
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