Okla. Stat. tit. 60, § 60-175.718
This is the official text of Okla. Stat. tit. 60, § 60-175.718, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Tax-related limitations
Official statutory text
TAX-RELATED LIMITATIONS
A. The authorized trustee shall not distribute the principal of
a trust under Section 3 or 4 of this act in a manner that would
prevent a contribution to that trust from qualifying for or that
Oklahoma Statutes - Title 60. Property Page 116
would reduce the exclusion, deduction or other federal tax benefit
that was originally claimed for that contribution, including:
1. The annual exclusion under Section 2503(b) of the Internal
Revenue Code of 1986, as amended;
2. A marital deduction under Section 2056(a) or 2523(a) of the
Internal Revenue Code of 1986, as amended;
3. The charitable deduction under Section 170(a), 642(c),
2055(a), or 2522(a) of the Internal Revenue Code of 1986, as
amended;
4. Direct skip treatment under Section 2642(c) of the Internal
Revenue Code of 1986, as amended; or
5. Any other tax benefit for income, gift, estate, or
generation-skipping transfer tax purposes under the Internal Revenue
Code of 1986, as amended.
B. Notwithstanding subsection A of this section, an authorized
trustee may distribute the principal of a first trust to a second
trust regardless of whether the settlor is treated as the owner of
either or both trusts under the Internal Revenue Code, 26 U.S.C.,
Sections 671 through 679, as amended.
C. If S corporation stock is held in trust, an authorized
trustee shall not distribute all or part of that stock under Section
3 or 4 of this act to a second trust that is not a permitted
shareholder under the Internal Revenue Code, 26 U.S.C., Section
1361(c)(2), as amended.
D. If an interest in property that is subject to the minimum
distribution rules of the Internal Revenue Code, 26 U.S.C., Section
401(a)(9), as amended, is held in trust, an authorized trustee shall
not distribute the trust's interest in the property to a second
trust under Section 3 or 4 of this act if the distribution would
shorten the minimum distribution period applicable to the property.
A. The authorized trustee shall not distribute the principal of
a trust under Section 3 or 4 of this act in a manner that would
prevent a contribution to that trust from qualifying for or that
Oklahoma Statutes - Title 60. Property Page 116
would reduce the exclusion, deduction or other federal tax benefit
that was originally claimed for that contribution, including:
1. The annual exclusion under Section 2503(b) of the Internal
Revenue Code of 1986, as amended;
2. A marital deduction under Section 2056(a) or 2523(a) of the
Internal Revenue Code of 1986, as amended;
3. The charitable deduction under Section 170(a), 642(c),
2055(a), or 2522(a) of the Internal Revenue Code of 1986, as
amended;
4. Direct skip treatment under Section 2642(c) of the Internal
Revenue Code of 1986, as amended; or
5. Any other tax benefit for income, gift, estate, or
generation-skipping transfer tax purposes under the Internal Revenue
Code of 1986, as amended.
B. Notwithstanding subsection A of this section, an authorized
trustee may distribute the principal of a first trust to a second
trust regardless of whether the settlor is treated as the owner of
either or both trusts under the Internal Revenue Code, 26 U.S.C.,
Sections 671 through 679, as amended.
C. If S corporation stock is held in trust, an authorized
trustee shall not distribute all or part of that stock under Section
3 or 4 of this act to a second trust that is not a permitted
shareholder under the Internal Revenue Code, 26 U.S.C., Section
1361(c)(2), as amended.
D. If an interest in property that is subject to the minimum
distribution rules of the Internal Revenue Code, 26 U.S.C., Section
401(a)(9), as amended, is held in trust, an authorized trustee shall
not distribute the trust's interest in the property to a second
trust under Section 3 or 4 of this act if the distribution would
shorten the minimum distribution period applicable to the property.
Status: in_force · Read it on the official government site
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