637.505  Income 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 according to all of the following principles:
  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.
  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 taxes of the trust are reduced because the trust receives a deduction for payments made to a beneficiary.
99 Acts, ch 124, §28; 2009 Acts, ch 52, §13, 14
2009 amendments to subsections 3 and 4 apply as of the decedent’s date of death for marital trusts funded beginning on or after January 1, 2009, but for all other marital trusts, apply as of January 1, 2009; 2009 Acts, ch 52, §14