701.1133(2)(e)(e) Disbursements described in s. 701.1131 (1) (g).
701.1133(3)(3)If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in sub. (1).
701.1133 HistoryHistory: 2013 a. 92 s. 281.
701.1134701.1134Income taxes.
701.1134(1)(1)A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.
701.1134(2)(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.
701.1134(3)(3)A tax required to be paid by a trustee on the trust’s share of an entity’s taxable income must be paid as follows:
701.1134(3)(a)(a) From income to the extent that receipts from the entity are allocated only to income.
701.1134(3)(b)(b) From principal to the extent that receipts from the entity are allocated only to principal.
701.1134(3)(c)(c) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal.
701.1134(3)(d)(d) From principal to the extent that the tax exceeds the total receipts from the entity.
701.1134(4)(4)After applying subs. (1) to (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.
701.1134 HistoryHistory: 2013 a. 92 ss. 185, 282 to 287.
701.1135701.1135Adjustments between principal and income because of taxes.
701.1135(1)(1)A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:
701.1135(1)(a)(a) Elections and decisions, other than those described in sub. (2), that the fiduciary makes from time to time regarding tax matters.
701.1135(1)(b)(b) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust.
701.1135(1)(c)(c) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate or trust or of a beneficiary.
701.1135(2)(2)If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income.
701.1135 HistoryHistory: 2013 a. 92 s. 290.
701.1136701.1136Income payments and accumulations.
701.1136(1)(1)Distribution of income. Except as otherwise determined by the trustee or a court under s. 701.1106 with respect to unitrust distributions, if a trust instrument fails to specify how frequently a current beneficiary is to receive income from the trust, the trustee shall distribute the income to which the current beneficiary is entitled at least annually.
701.1136(2)(2)Permitted accumulations. No provision directing or authorizing accumulation of income is invalid.
701.1136(3)(3)Charitable trust accumulations. A trust containing a direction or authorization to accumulate income from property devoted to a charitable purpose shall be subject to the general equitable supervision of the court with respect to any such accumulation of income, including its reasonableness, amount and duration.
701.1136(4)(4)Disposition of accumulated income. Income not required to be distributed by the trust instrument may, in the trustee’s discretion, be held in reserve for future distribution as income or be added to principal subject to retransfer to income of the dollar amount originally transferred to principal. At the termination of the income interest, any undistributed income shall be distributed as principal.
701.1136 HistoryHistory: 2005 a. 10; 2013 a. 92 s. 292; Stats. 2013 s. 701.1136; 2023 a. 127.
subch. XII of ch. 701SUBCHAPTER XII
MISCELLANEOUS PROVISIONS
701.1201701.1201Private foundations.