West Virginia § 44B-5-505 Income taxes

West Virginia Statutes

§ 44B-5-505 — Income taxes

West Virginia § 44B-5-505

Ch. 44BUNIFORM PRINCIPAL AND INCOME ACT

Art. 5ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST

This text of West Virginia § 44B-5-505 (Income taxes) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 44B-5-505 (2026).

Text

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

(b)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.

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

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

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

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

(4)From principal to the extent that the tax exceeds the total receipts from

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

(b) 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.

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

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

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

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

(4) From principal to the extent that the tax exceeds the total receipts from the entity.

(d) After applying subsections (a) through (c), 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.