Montana § 72-34-452 Payment Of Taxes

Montana Statutes

§ 72-34-452 — Payment Of Taxes

Montana § 72-34-452

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 34PRINCIPAL AND INCOME

Part 4Montana Uniform Principal and Income Act

This text of Montana § 72-34-452 (Payment Of Taxes) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-34-452 (2026).

Text

72-34-452 . Payment of taxes.

(1)A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

(2)A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

(3)A tax required to be paid by a trustee on the trust's share of an entity's taxable income must be paid:

(a)from income to the extent that receipts from the entity are allocated only to income;

(b)from principal to the extent that receipts from the entity are allocated only to principal;

(c)proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

(d)from principal to the extent that the tax exceeds

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72-34-452 . Payment of taxes. (1) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.
(2) A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.
(3) A tax required to be paid by a trustee on the trust's share of an entity's taxable income must be paid:
(a) from income to the extent that receipts from the entity are allocated only to income;
(b) from principal to the extent that receipts from the entity are allocated only to principal;
(c) proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and
(d) from principal to the extent that the tax exceeds the total receipts from the entity.
(4) After applying subsections (1) through (3), the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary.