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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 38. Principal and Income of Trusts
- Section 460. Selection of Percentage After Charitable Trust Election.
previous: Section 450
. Eligibility For Charitable Trust Election.
next: Section 470
. Revocation of Charitable Trust Election.
AS 13.38.460. Selection of Percentage After Charitable Trust Election.
- (a) After a trustee has elected under AS 13.38.440
for the trust to be governed by AS 13.38.440
- 13.38.490, the trustee shall, in a writing
maintained as part of the permanent records of the trust, select the percentage of the value of the trust that will be
considered income and determine that it is consistent with the long-term preservation of the real value of the
principal of the trust, but the percentage may not be less than two percent or more than seven percent each year of the
principal value of the trust. The trustee may elect to change a percentage previously selected if the trustee
determines that the new percentage is consistent with the long-term preservation of the real value of the principal of
the trust, but may not change the percentage more frequently than once every 10 years.
- (b) For a charitable trust required by 26 U.S.C. 4942 (Internal Revenue Code) to distribute a higher amount than the
percentage selected under (a) of this section, the amount required by 26 U.S.C. 4942 (Internal Revenue Code) controls
over the percentage selected.
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