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Current as of January 01, 2024 | Updated by FindLaw Staff
A. Expenses, taxes and other charges that would otherwise be deducted from income if the trust was not a total return trust may not be deducted from the distribution amount.
B. Unless otherwise provided by the governing instrument, the distribution amount each year shall be deemed to be paid from the following sources for that year in the following order:
(1) net income determined as if the trust were not a total return trust;
(2) other ordinary income as determined for federal income tax purposes;
(3) net realized short-term capital gains as determined for federal income tax purposes;
(4) net realized long-term capital gains as determined for federal income tax purposes;
(5) trust principal comprising assets for which there is a readily available market value; and
(6) other trust principal.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 46. Fiduciaries and Trusts § 46-3A-108. Distribution of total return trust - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-46-fiduciaries-and-trusts/nm-st-sect-46-3a-108/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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