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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-7-929: Payment of taxes from income and principal.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 7 South Carolina Trust Code
  3. Part 9 South Carolina Uniform Principal and Income Act

(A) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

(B) A tax required to be paid by a trustee based on receipts allocated to principal must 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 the taxable income of the entity must be paid:

(1) from income, to the extent that receipts from the entity are allocated to income;

(2) from principal, to the extent that receipts from the entity are allocated only to principal;

(3) proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

(4) from principal to the extent that the tax exceeds the total receipts from the entity.

(D) After applying subsections (A) through (C), the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payments made to a beneficiary.

Collected 2026-09-02T08:08:54Z. Source file · JSON

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