C.R.S. Section 15-1.2-401
Character of receipts from entity

  • definitions

(1)

In this section:

(a)

“Capital distribution” means an entity distribution of money which is a:

(I)

Return of capital; or

(II)

Distribution in total or partial liquidation of the entity.

(b)

“Entity”:

(I)

Means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization or arrangement in which a fiduciary owns or holds an interest, whether or not the entity is a taxpayer for federal income tax purposes; and

(II)

Does not include:

(A)

A trust or estate to which section 15-1.2-402 applies;

(B)

A business or other activity to which section 15-1.2-403 applies which is not conducted by an entity described in subsection (1)(b)(I) of this section;

(C)

An asset-backed security; or

(D)

An instrument or arrangement to which section 15-1.2-416 applies.

(c)

“Entity distribution” means a payment or transfer by an entity made to a person in the person’s capacity as an owner or holder of an interest in the entity.

(2)

In this section, an attribute or action of an entity includes an attribute or action of any other entity in which the entity owns or holds an interest, including an interest owned or held indirectly through another entity.

(3)

Except as otherwise provided in subsections (4)(b) through (4)(d) of this section, a fiduciary shall allocate to income:

(a)

Money received in an entity distribution; and

(b)

Tangible personal property of nominal value received from the entity.

(4)

A fiduciary shall allocate to principal:

(a)

Property received in an entity distribution which is not:

(I)

Money; or

(II)

Tangible personal property of nominal value;

(b)

Money received in an entity distribution in an exchange for part or all of the fiduciary’s interest in the entity, to the extent the entity distribution reduces the fiduciary’s interest in the entity relative to the interests of other persons that own or hold interests in the entity;

(c)

Money received in an entity distribution that the fiduciary determines or estimates is a capital distribution; and

(d)

Money received in an entity distribution from an entity that is:

(I)

A regulated investment company or real estate investment trust if the money received is a capital gain dividend for federal income tax purposes; or

(II)

Treated for federal income tax purposes comparably to the treatment described in subsection (4)(d)(I) of this section.

(5)

A fiduciary may determine or estimate that money received in an entity distribution is a capital distribution:

(a)

By relying without inquiry or investigation on a characterization of the entity distribution provided by or on behalf of the entity, unless the fiduciary:

(I)

Determines, on the basis of information known to the fiduciary, that the characterization is or may be incorrect; or

(II)

Owns or holds more than fifty percent of the voting interest in the entity;

(b)

By determining or estimating, on the basis of information known to the fiduciary or provided to the fiduciary by or on behalf of the entity, that the total amount of money and property received by the fiduciary in the entity distribution or a series of related entity distributions is or will be greater than twenty percent of the fair market value of the fiduciary’s interest in the entity; or

(c)

If neither subsection (5)(a) nor (5)(b) of this section applies, by considering the factors in subsection (6) of this section and the information known to the fiduciary or provided to the fiduciary by or on behalf of the entity.

(6)

In making a determination or estimate under subsection (5)(c) of this section, a fiduciary may consider:

(a)

A characterization of an entity distribution provided by or on behalf of the entity;

(b)

The amount of money or property received in:

(I)

The entity distribution; or

(II)

What the fiduciary determines is or will be a series of related entity distributions;

(c)

The amount described in subsection (6)(b) of this section compared to the amount the fiduciary determines or estimates is, during the current or preceding accounting periods:

(I)

The entity’s operating income;

(II)

The proceeds of the entity’s sale or other disposition of:

(A)

All or part of the business or other activity conducted by the entity;

(B)

One or more business assets that are not sold to customers in the ordinary course of the business or other activity conducted by the entity; or

(C)

One or more assets other than business assets, unless the entity’s primary activity is to invest in assets to realize gain on the disposition of all or some of the assets;

(III)

If the entity’s primary activity is to invest in assets to realize gain on the disposition of all or some of the assets, the gain realized on the disposition;

(IV)

The entity’s regular, periodic entity distributions;

(V)

The amount of money the entity has accumulated;

(VI)

The amount of money the entity has borrowed;

(VII)

The amount of money the entity has received from the sources described in sections 15-1.2-407, 15-1.2-410, 15-1.2-411, and 15-1.2-412; and

(VIII)

The amount of money the entity has received from a source not otherwise described in this subsection (6)(c); and

(d)

Any other factor the fiduciary determines is relevant.

(7)

If, after applying subsections (3) through (6) of this section, a fiduciary determines that a part of an entity distribution is a capital distribution but is in doubt about the amount of the entity distribution which is a capital distribution, the fiduciary shall allocate to principal the amount of the entity distribution which is in doubt.

(8)

If a fiduciary receives additional information about the application of this section to an entity distribution before the fiduciary has paid part of the entity distribution to a beneficiary, the fiduciary may consider the additional information before making the payment to the beneficiary and may change a decision to make the payment to the beneficiary.

(9)

If a fiduciary receives additional information about the application of this section to an entity distribution after the fiduciary has paid part of the entity distribution to a beneficiary, the fiduciary is not required to change or recover the payment to the beneficiary but may consider that information in determining whether to exercise the power to adjust under section 15-1.2-203.

Source: Section 15-1.2-401 — Character of receipts from entity - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑1.2‑101
Short title 15‑1.2‑102
Definitions 15‑1.2‑103
Scope 15‑1.2‑104
Governing law 15‑1.2‑201
Fiduciary duties - general principles 15‑1.2‑202
Judicial review of exercise of discretionary power - definition 15‑1.2‑203
Fiduciary’s power to adjust 15‑1.2‑204
Notice of action - definitions 15‑1.2‑301
Definitions 15‑1.2‑302
Application - duties and remedies 15‑1.2‑303
Authority of fiduciary 15‑1.2‑304
Notice 15‑1.2‑305
Unitrust policy 15‑1.2‑306
Unitrust rate 15‑1.2‑307
Applicable value 15‑1.2‑308
Period 15‑1.2‑309
Special tax benefits - rules 15‑1.2‑401
Character of receipts from entity - definitions 15‑1.2‑402
Distribution from trust or estate 15‑1.2‑403
Business of other activity conducted by fiduciary 15‑1.2‑404
Principal receipts 15‑1.2‑405
Rental property 15‑1.2‑406
Receipt on obligation to be paid in money 15‑1.2‑407
Insurance policy or contract 15‑1.2‑408
Insubstantial allocation not required 15‑1.2‑409
Deferred compensation, annuity, or similar payment - definitions 15‑1.2‑410
Liquidating asset - definition 15‑1.2‑411
Minerals, water, and other natural resources 15‑1.2‑412
Timber 15‑1.2‑413
Marital deduction property not productive of income 15‑1.2‑414
Derivative or option - definition 15‑1.2‑415
Asset-backed security 15‑1.2‑416
Other financial instrument or arrangement 15‑1.2‑501
Disbursement from income 15‑1.2‑502
Disbursement from principal 15‑1.2‑503
Transfer from income to principal for depreciation - definition 15‑1.2‑504
Reimbursement of income from principal 15‑1.2‑505
Reimbursement of principal from income 15‑1.2‑506
Income taxes 15‑1.2‑507
Adjustment between income and principal because of taxes 15‑1.2‑601
Determination and distribution of net income 15‑1.2‑602
Distribution to successor beneficiary 15‑1.2‑701
When right to income begins and ends 15‑1.2‑702
Apportionment of receipts and disbursements when decedent dies or income interest begins 15‑1.2‑703
Apportionment when income interest ends - definition 15‑1.2‑801
Uniformity of application and construction 15‑1.2‑802
Relation to electronic signatures in global and national commerce act 15‑1.2‑803
Application to trust or estate 15‑1.2‑804
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-1.2-401’s source at colorado​.gov