Title 48, Chapter 7, Section 22
( 48-7-22)
(a) The tax imposed by this chapter shall be: (1) Imposed upon resident fiduciaries and upon nonresident
fiduciaries: (A) Receiving income from business done in this state; (B) Managing funds or property located in this state; or (C) Managing funds or property for the benefit of a resident of
this state; (2) Imposed upon fiduciaries subject to the tax at the rates
provided in this article for single individuals; (3) Levied, collected, and paid annually with respect to: (A) That part of the net income of an estate or trust which has
not become distributable during the taxable year. It is the
purpose of this Code section to tax fiduciaries or beneficiaries
on all income otherwise taxable under this chapter. Income
received by a resident fiduciary shall not be subject to the tax
imposed by this chapter when the income is accumulated for, is
distributed, or becomes distributable during the taxable year to
a nonresident of this state and when the income was received
from business done outside this state, property held outside
this state, or intangible property, other than from the
licensing for use of the property, held by a fiduciary,
including, but not limited to, gains from the sale or exchange
of the property. No return of income exempt under this
subparagraph shall be required; (B) The taxable net income received during the taxable year by a
deceased individual who at the time of death was a taxpayer and
who died during the taxable year or subsequent to the taxable
year without having made a return; and (C) The entire taxable net income of an insolvent or incompetent
person, whether or not any portion of the taxable net income is
held for the future use of the beneficiaries, when the fiduciary
has complete charge of the net income. (b) The net income of the estate or trust shall be computed in the
same manner and on the same basis as in the case of an individual. (c) If the taxable year of a beneficiary is different from that of
the estate or trust, the amount which the beneficiary is required to
include in computing his net income shall be based upon the income
of the estate or trust for any taxable year of the estate or trust
ending with or within the beneficiary's taxable year. (d) The tax imposed upon a fiduciary shall be a charge against the
estate or trust. |