Maryland Code § ET-15-528

Section ET-15-528
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(a) A fiduciary may make adjustments between principal and income to
offset the shifting of economic interests or tax benefits between income beneficiaries
and remainder beneficiaries which arise from:
(1) Elections and decisions, other than those described in subsection
(b) of this section, that the fiduciary makes from time to time regarding tax matters;
(2) An income tax or any other tax that is imposed upon the fiduciary
or a beneficiary as a result of a transaction involving or a distribution from the estate
or trust; or
(3) Subject to subsection (b) of this section, the ownership by an
estate or trust of an interest in an entity whose taxable income, whether or not
distributed, is includable in the taxable income of the estate, trust, or a beneficiary.
(b) A trustee shall make an adjustment from principal to income to
compensate an income beneficiary for taxes paid or payable by the income beneficiary
in respect of the taxable income of an entity that is taxable to the income beneficiary
but that is distributed to the trustee and allocated to principal.
(c) (1) If the amount of an estate tax marital deduction or charitable
contribution deduction is reduced because a fiduciary deducts an amount paid from
principal for income tax purposes instead of deducting it for estate tax purposes, and
as a result estate taxes paid from principal are increased and income taxes paid by
an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that
benefits from the decrease in income tax shall reimburse the principal from which
the increase in estate tax is paid.
(2) The total reimbursement must equal the increase in the estate
tax to the extent that the principal used to pay the increase would have qualified for
a marital deduction or charitable contribution deduction but for the payment.
(3) The proportionate share of the reimbursement for each estate,
trust, or beneficiary whose income taxes are reduced must be the same as its
proportionate share of the total decrease in income tax. An estate or trust shall
reimburse principal from income.

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