(a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.
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Terms Used In Hawaii Revised Statutes 557A-505

  • Income: means money or property a fiduciary receives as the current return from a principal asset. See Hawaii Revised Statutes 557A-102
  • Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Hawaii Revised Statutes 557A-102
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Hawaii Revised Statutes 557A-102
(b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
(c) A tax required to be paid by a trustee on the trust’s share of an entity’s taxable income shall be paid proportionately from:

(1) Income to the extent that receipts from the entity are allocated to income; and
(2) Principal to the extent that:

(A) Receipts from the entity are allocated to principal; and
(B) The trust’s share of the entity’s taxable income exceeds the total receipts in paragraphs (1) and (2)(A).
(d) For purposes of this section, receipts allocated to principal or income shall be reduced by the amount distributed to a beneficiary from principal or income for which the trust receives a deduction in calculating the tax.

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