(1) (a) Except to the extent Part 3, Unitrust, applies for a beneficiary that is a trust, each beneficiary described in Subsection 75A-5-601(6) is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values of the undistributed principal assets as of the distribution date. (b) If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent's death, an income interest's other terminating event, or the preceding distribution by the fiduciary. (2) In determining a beneficiary's share of net income under Subsection (1): (a) the beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date; (b) the beneficiary's fractional interest under Subsection (2)(a) shall be calculated: (i) on the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and (ii) without regard to: (A) property specifically given to a beneficiary under the decedent's will or the terms of the trust; and (B) property required to pay pecuniary amounts not in trust; and (c) the distribution date under Subsection (2)(a) may be the date on which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed. (3) To the extent that a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary on or before a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income. (4) If this section applies to income from an asset, a fiduciary may apply Subsection (2) to net gain or loss realized from the disposition of the asset after the decedent's death, an income interest's terminating event, or the preceding distribution by the fiduciary. Renumbered and Amended by Chapter 364, 2024 General Session
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