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MI HB5154

Bill

Status

Passed

9/27/2012

Primary Sponsor

Hugh Crawford

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Amends the Uniform Principal and Income Act to clarify how trustees allocate payments from separate funds (annuities, retirement accounts, pension plans) between income and principal for marital deduction trusts.

  • Requires trustees to determine the internal income of separate funds and allocate payments to income up to that amount upon request of the surviving spouse, with the balance going to principal.

  • Establishes a deemed internal income rate of 3.5% of the separate fund's value when actual internal income cannot be determined, or uses Internal Revenue Code Section 7520 interest rates as an alternative calculation method.

  • Clarifies tax allocation rules so taxes on trust receipts are paid from the same source (income or principal) that the receipts were allocated to, with proportional payment when receipts are split.

  • Specifies the effective dates for the amended provisions based on when marital deduction trusts are funded, ranging from the decedent's death to January 1 of the calendar year the amendments take effect.

Legislative Description

Probate; trusts; uniform principal and income act; modify. Amends secs. 409 & 505 of 2004 PA 159 (MCL 555.809 & 555.905) & adds sec. 606.

Probate, wills and estates

Last Action

Assigned Pa 302'12

9/27/2012

Committee Referrals

Finance5/16/2012
Tax Policy11/8/2011

Full Bill Text

No bill text available