Utah Code § 75A-5-309

Special tax benefits -- Other rules
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(1) A unitrust policy may:
(a) provide methods and standards for:
(i) determining the timing of distributions;
(ii) making distributions in cash or in kind or partly in cash and partly in kind; or
(iii) correcting an underpayment or overpayment to a beneficiary based on the unitrust amount
if there is an error in calculating the unitrust amount;
(b) specify sources and the order of sources, including categories of income for federal income
tax purposes, from which distributions of a unitrust amount are paid; or

(c) provide other standards and rules the fiduciary determines serve the interests of the
beneficiaries.
(2) If a trust qualifies for a special tax benefit or a fiduciary is not an independent person:
(a) the unitrust rate established under Section 75A-5-306 may not be less than 3% or more than
5%;
(b) the only provisions of Section 75A-5-307 that apply are Subsections 75A-5-307(1) and (2)(a),
(d), (e)(i), and (i);
(c) the only period that may be used under Section 75A-5-308 is a calendar year under
Subsection 75A-5-308(1); and
(d) the only other provisions of Section 75A-5-308 that apply are Subsections 75A-5-308(2)(b)(i)
and (c).
Renumbered and Amended by Chapter 364, 2024 General Session

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