Title 53, Chapter 12, Section 214
( 53-12-214)
(a) Corporate distributions of shares of the distributing
corporation, including distributions in the form of a stock split or
stock dividend, are principal. A right to subscribe to shares or
other securities issued by the distributing corporation accruing to
stockholders on account of their stock ownership and the proceeds of
any sale of the right are principal. (b) Except to the extent that the corporation indicates that some
part of a corporate distribution is a settlement of preferred or
guaranteed dividends accrued since the trustee became a stockholder
or is in lieu of an ordinary cash dividend, a corporate distribution
is principal if the distribution is pursuant to: (1) A call of shares; (2) A merger, consolidation, reorganization, or other plan by
which assets of the corporation are acquired by another
corporation; (3) A total or partial liquidation of the corporation, including
any distribution which the corporation indicates is a distribution
in total or partial liquidation; or (4) Any distribution of assets, other than cash, pursuant to a
court decree or final administrative order by a government agency
ordering distribution of the particular assets. (c) In the case of a regulated investment company or a trust
qualifying and electing to be taxed under federal law as a real
estate investment trust: (1) Distributions made from ordinary income are income; and (2) All other distributions, including distributions from capital
gains, depreciation, or depletion, whether made in the form of
cash, an option to take new stock or cash, or an option to
purchase additional shares, are principal. (d) Except as provided in subsections (a), (b), and (c) of this Code
section, all corporate distributions are income, including cash
dividends, distributions of or rights to subscribe to shares or
securities or obligations of corporations other than the
distributing corporation, and the proceeds of the rights or property
distributions. Except as provided in subsections (b) and (c) of
this Code section, if the distributing corporation gives a
stockholder an option to receive a distribution either in cash or in
its own shares, the distribution chosen is income. (e) The trustee may rely upon any statement of the distributing
corporation as to any fact relevant under any provision of this
article concerning the source or character of dividends or
distributions of corporate assets. |