                                 CODE OF VIRGINIA

INCOME TAXES (§ 64.2-1069)

A. A tax required to be paid by a fiduciary that is based on receipts allocated
to income must be paid from income.

B. A tax required to be paid by a fiduciary that is 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. Subject to subsection D and §§ 64.2-1067, 64.2-1068, and 64.2-1070, a tax
required to be paid by a fiduciary on a share of an entity&#8217;s taxable
income in an accounting period must be paid from:

   1. Income and principal proportionately to the allocation between income and
   principal of receipts from the entity in the period; and

   2. Principal, to the extent the tax exceeds the receipts from the entity in
   the period.

D. After applying subsections A, B, and C, a fiduciary shall adjust income or
principal receipts, to the extent the taxes the fiduciary pays are reduced
because of a deduction for a payment made to a beneficiary.

HISTORY: 2022, c. 354.