The second factor is whether there is a defined ordering rule
, either by statute or by governing instrument, for determining the character of the unitrust amount that specifies the inclusion in distributable net income of capital gain when the sum of the ordinary and the tax-exempt income of the trust is less than the unitrust amount to be paid to the beneficiary.
The final regulations added an elective ordering rule
However, there is no statutory ordering rule
that specifies which deduction takes priority, leaving uncertain how they both should be applied.
* Ordering rule
: A taxpayer must consider the ordering rule
in the Sec.
They claimed a "first-in-first-out" (FIFO) ordering rule
should apply to the section 170 carryforward calculations.
1.1367-1(g) provides an elective ordering rule
under which a shareholder may elect to decrease basis under Regs.
108(b) sets forth a prescribed ordering rule
for such attributes, beginning with the debtor's net operating losses (NOLs).
301(c) provides an ordering rule
for any shareholder distribution made by a C corporation.
The ordering rules
that non-qualified Roth IRA distributions follow are very favorable for clients.
111-92, has created new ordering rules
for absorbing alternative tax net operating losses (ATNOLs) that allow WHBAA-year ATNOLs (as defined below) to be used after all other available ATNOLs are used, regardless of when they arose.
AVMetrics' ComplianceTRACK is an inclusive cascading preference table combining the expert analysis and validation of AVMs into logical ordering rules
, and is complete with documented due diligence, user reporting and validation required to meet regulatory expectations.