TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 34. PRINCIPAL AND INCOME

Part 4. Montana Uniform Principal and Income Act

Interest On Obligation To Pay Money -- Allocation

72-34-438. Interest on obligation to pay money -- allocation. (1) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.

(2) An amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than 1 year after it is purchased or acquired by the trustee, including an obligation whose purchase price or its value when it is otherwise acquired is less than its value at maturity, must be allocated to principal. If the obligation matures within 1 year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when it is otherwise acquired must be allocated to income.

(3) This section does not apply to an obligation to which 72-34-441, 72-34-442, 72-34-443, 72-34-444, 72-34-446, or 72-34-447 applies.

History: En. Sec. 18, Ch. 506, L. 2003.