Skip Navigation Links
      RS 9:2149     

  

§2149. Receipts from interests in juridical persons

            A. Except as otherwise provided in this Section, a trustee shall allocate to income money received on account of an interest in a juridical person.

            B. A trustee shall allocate to principal the following distributions received on account of a trustee's interest in a juridical person:

            (1) Property other than money.

            (2) Money received in one distribution or a series of related distributions in exchange for part or all of a trustee's interest in the juridical person.

            (3) Money received in total or partial liquidation of the juridical person.

            (4) Money received from a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.

            C. Money is received in partial liquidation to the extent that the juridical person, at or near the time of a distribution, indicates that it is a distribution in partial liquidation. A partial liquidation also occurs if the total amount of money and property received in a distribution or series of related distributions is greater than twenty percent of the juridical person's gross assets, as shown by the juridical person's year-end financial statements immediately preceding the initial receipt.

            D. Money is not received in partial liquidation, nor may it be taken into account under Subsection C of this Section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the juridical person that distributes the money.

            E. Notwithstanding the provisions of this Section, if the receipt is one to which a more specific provision of this Subpart applies, a trustee may allocate the receipt based upon the source or character of the receipt and may rely upon a statement made by the juridical person regarding the source or character of the receipt.

            Acts 2020, No. 17, §1, eff. Jan. 1, 2021.



If you experience any technical difficulties navigating this website, click here to contact the webmaster.
P.O. Box 94062 (900 North Third Street) Baton Rouge, Louisiana 70804-9062