§5176. Share of a nonresident estate, trust or beneficiary in income from sources in this State

Link to law: http://legislature.maine.gov/legis/statutes/36/title36sec5176.html
Published: 2015

§5176. Share of a nonresident estate, trust or beneficiary in income from sources in this
State








1. General rule. 
The share of a nonresident estate or trust in items of income, gain, loss and deduction
derived from or connected with sources in this State that are included in the distributable
net income of the nonresident estate or trust and the share for purposes of section
5142 of a nonresident beneficiary of an estate or trust in items of income, gain,
loss and deduction of that estate or trust must be determined pursuant to this subsection.
A modification may not be made under this section that has the effect of duplicating
an item already included in the distributable net income of the estate or trust.





A. To the extent the modifications relate to items of income, gain, loss and deduction
derived from or connected with sources in this State that are included in the distributable
net income of a nonresident estate or trust, the modifications provided under section
5122 must be added to or subtracted from the amount of those items. [2009, c. 434, §73 (RPR).]










B. The amount determined under paragraph A must be allocated among the nonresident estate
or trust and its beneficiaries, including, solely for the purpose of this allocation,
resident beneficiaries, in proportion to their respective shares in the distributable
net income of the estate or trust. The amounts so allocated have the same character
as for federal income tax purposes. An item that is not characterized for federal
income tax purposes is deemed to have been realized directly from the source from
which it was realized by the estate or trust or incurred in the same manner as it
was incurred by the estate or trust. [2009, c. 434, §73 (RPR).]










C. If the estate or trust has no distributable net income for the taxable year, the share
of each beneficiary in the net amount determined under paragraph A must be in proportion
to the beneficiary's share of the estate or trust income for the taxable year that
is required to be distributed currently and any other income that is actually distributed
in that taxable year. The balance of the net amount must be allocated to the estate
or trust. [2009, c. 434, §73 (RPR).]







[
2009, c. 434, §73 (RPR)
.]








2. Alternate methods. 
The State Tax Assessor may authorize, upon the taxpayer's written request, the use
of another method of determining the respective shares of the beneficiaries and of
the estate or trust in its income derived from sources in this State, and in the modifications
related to that income, that the assessor determines to be appropriate and equitable.


[
2009, c. 434, §73 (RPR)
.]





SECTION HISTORY

P&SL 1969, c. 154, §F1 (NEW).
1995, c. 639, §19 (AMD).
2009, c. 434, §73 (RPR).
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