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Florida Statute 738.705 | Lawyer Caselaw & Research
F.S. 738.705 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 738.705

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 738
PRINCIPAL AND INCOME
View Entire Chapter
F.S. 738.705
738.705 Income taxes.
(1) A tax required to be paid by a fiduciary based on receipts allocated to income shall be paid from income.
(2) A tax required to be paid by a fiduciary based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
(3) A tax required to be paid by a fiduciary on the trust’s or estate’s share of an entity’s taxable income shall be paid proportionately:
(a) From income to the extent receipts from the entity are allocated to income.
(b) From principal to the extent receipts from the entity are allocated to principal.
(c) From principal to the extent that the income taxes payable by the trust or estate exceed the total receipts from the entity.
(4) After applying subsections (1)-(3), the fiduciary shall adjust income or principal receipts to the extent that the trust’s or estate’s income taxes are reduced, but not eliminated, because the trust or estate receives a deduction for payments made to a beneficiary. The amount distributable to that beneficiary as income as a result of this adjustment shall be equal to the cash received by the trust or estate, reduced, but not below zero, by the entity’s taxable income allocable to the trust or estate multiplied by the trust’s or estate’s income tax rate. The reduced amount shall be divided by the difference between 1 and the trust’s or estate’s income tax rate in order to determine the amount distributable to that beneficiary as income before giving effect to other receipts or disbursements allocable to that beneficiary’s interest.
History.s. 1, ch. 2002-42; s. 31, ch. 2012-49.

F.S. 738.705 on Google Scholar

F.S. 738.705 on Casetext

Amendments to 738.705


Arrestable Offenses / Crimes under Fla. Stat. 738.705
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 738.705.



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. LEWSADDER, v. ESTATE OF LEWSADDER,, 757 So. 2d 1221 (Fla. Dist. Ct. App. 2000)

. . . objection to their respective claims, thereby triggering the thirty day time limitation of section 738.705 . . .

SNYDER, v. G. BELL, U A D G. U A D v., 746 So. 2d 1100 (Fla. Dist. Ct. App. 1999)

. . . trial court ruled that Snyder was not entitled to an award of attorney’s fees and costs under section 738.705 . . .

In ESTATE OF HAMMER, HAMMER, v. R. KNOTT, Ad J., 511 So. 2d 708 (Fla. Dist. Ct. App. 1987)

. . . complaint for Golden’s failure to file the written notice in the probate proceeding required by section 738.705 . . .