§ 1105 — Post conversion

While a trust is a total return trust, all of the following apply to the trust: (1) the trustee shall make income distributions in accordance with the trust instrument subject to this Article; (2) the term "income" in the trust instrument means an annual amount (the "distribution amount") equal to a percentage (the "distribution percentage") of the net fair market value of the trust's assets, whether the assets are considered income or principal under the Principal and Income Act, averaged over the lesser of: (A) the 3 preceding years; or (B) the period during which the trust has been in existence; (3) the distribution percentage for any trust converted to a total return trust by a trustee in accordance with Section 1102 shall be 4%; (4) the trustee shall pay to a beneficiary (in the case of an underpayment) and shall recover from a beneficiary (in the case of an overpayment) an amount equal to the difference between the amount properly payable and the amount actually paid, plus interest compounded annually at a rate per annum equal to the distribution percentage in the year or years while the underpayment or overpayment exists; and (5) a change in the method of determining a reasonable current return by converting to a total return trust in accordance with this Article and substituting the distribution amount for net trust accounting income is a proper change in the definition of trust income notwithstanding any contrary provision of the Principal and Income Act, and the distribution amount shall be deemed a reasonable current return that fairly apportions the total return of a total return trust.

Legislative History

(Source: P.A. 101-48, eff. 1-1-20 .)