§ 738.703, Fla. Stat. · Chapter 738. UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
Apportionment when income interest ends.
Text — 2026 Florida Statutes
(1) As used in this section, the term “undistributed income” means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense which is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.
(2) Except as otherwise provided in subsection (3), when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary’s share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date the interest ends, to the beneficiary’s estate.
(3) If a beneficiary has an unqualified power to withdraw more than 5 percent of the value of a trust immediately before an income interest ends:
(a) The fiduciary shall allocate to principal the undistributed income from the portion of the trust which may be withdrawn; and
(b) Subsection (2) applies only to the balance of the undistributed income.
(4) When a fiduciary’s obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve income tax, gift tax, estate tax, or other tax benefits.
Notes and commentary — not statutory text
History
s. 1, ch. 2002-42; s. 29, ch. 2012-49; s. 48, ch. 2024-216.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0738/0738.html
- Text hash
- sha256 1934e95aec01db79ed4d5d83692b51a3e10a63c7c91e362aa4ff4fdf88057714
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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