The Alaska state legislature has adopted a version of the
1997 Uniform Principal and Income Act. Alaska modeled its
version after the Pennsylvania approach to the Act, which
Pennsylvania enacted in 2002.
The Alaska
version includes the trustee's power to adjust between principal
and income, contained in Section 104 of the Uniform Act. Alternatively,
a trustee may release the power to adjust and then convert
the trust to a unitrust. The trustee must give notice of the
planned conversion to both income beneficiaries and the remainderpersons.
If a beneficiary objects to the conversion, the trustee may
petition the court to approve it. Alternatively, a beneficiary
may petition the court to require the trustee to convert to
a unitrust. Once converted, “income” in the governing
instrument means an annual distribution equal to four percent
of the trust assets. The trustee or a beneficiary may petition
the court to select a different payout percentage. The Alaska
Act also has included Pennsylvania's provisions which allow
a fully charitable trust to convert to a unitrust.
The Alaska
Act also varies from the uniform act by requiring that pecuniary
amounts receive a share of net income from the date of death
of a decedent, in the case of an estate, or the date of death
of a settlor or specified event, in the case of a revocable
or irrevocable trust. Like all of the default provisions in
the 1997 Uniform Act, this provision may be superseded by
the governing instrument. Alaska repealed its statute which
required that interest be paid on general pecuniary devises
since the Internal Revenue Service has taken the position
that such interest would be a nondeductible personal interest
expense. (Reg. § 1.663(c)-5, example 7.)
A new
provision in Alaska's act contains special rules for charitable
remainder unitrusts. These provisions state that the increase
in value of various specified types of assets will not be
considered income until the trustee receives cash. The goal
of these provisions is to allow a trustee of a net income
makup charitable remainder unitrust to defer the date when
income from the trust needs to be distributed.
Senate
Bill 87 has passed both houses of the Alaska legislature.
The bill has been sent to Governor Murkowski for signature.
The new Act takes effect September 1, 2003, and applies, except
as otherwise expressly provided in the governing instrument,
to a trust existing on or after the effective date of the
Act, and to the estate of a decedent who dies on or after
the effective date of the Act.

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