(a) The tax imposed by the Income Tax Act of 1929 shall be imposed upon resident fiduciaries, which tax shall be levied, collected, and paid annually with respect to:
(1) That part of the net income of estates or trusts which has not been distributed or become distributable to beneficiaries during the income year. In the case of two (2) or more joint fiduciaries, part of whom are nonresidents of this state, such part of the net income shall be treated as if each fiduciary had received an equal share;
(2) The net income received during the income year by deceased individuals who at the time of death were residents and who have died during the tax year without having made a return; and
(3) The entire net income of resident insolvent or incompetent individuals, whether or not any portion thereof is held for the future use of the beneficiaries, where the fiduciary has complete charge of the net income.
(b) The tax imposed upon a fiduciary by the Income Tax Act of 1929 shall be a charge against the estate or trust.
Section: Previous 26-51-202 26-51-203 26-51-204 26-51-205 26-51-206 26-51-207 NextLast modified: November 15, 2016