When used in this Part:

(1)  “Trust” or “estate” means a trust or estate, or fiduciary thereof.

(2)  “Resident estate” means the estate of a decedent who at his death was domiciled in this state.

(3)(a)  “Resident trust” means a trust or a portion of a trust created by last will and testament of a decedent who at his death was domiciled in this state.

(b)  A trust other than a trust described in Subparagraph (3)(a) shall be considered a resident trust if the trust instrument provides that the trust shall be governed by the laws of the state of Louisiana.  If the trust instrument provides that the trust is governed by the laws of any state other than the state of Louisiana, then the trust shall not be considered a resident trust.  If the trust instrument is silent with regard to the designation of the governing law, then the trust shall be considered a resident trust only if the trust is administered in this state.

(4)  “Nonresident estate” and “nonresident trust” means any estate or trust that is not considered a resident estate or a resident trust as defined in this Section.

Acts 1996, No. 41, §1, eff. for taxable periods beginning after Dec. 31, 1996; Acts 1998, No. 61, §1, eff. for taxable periods beginning after Dec. 31, 1997.

NOTE:  FOR TAXABLE PERIODS BEGINNING PRIOR TO JAN. 1, 1998, THE TAX SHALL BE AS REQUIRED BY LAW PRIOR TO JAN. 1, 1997.