New Mexico § 46-3A-109 - Restrictions on distributions

§ 46-3A-109. Restrictions on distributions

A. The distribution amount may not be less than the net income of the trust, determined

without regard to the provisions of Sections 46-3A-105 through 46-3A-113 NMSA 1978 , for a trust that was exempt, in whole or in part, from generation-skipping transfer

tax on July 1, 2005 by reason of any effective date or transition rule. B. Conversion to a total return trust shall not affect any provisions in the governing

instrument: (1) that directs or authorizes the trustee to distribute principal; (2) that directs or authorizes the trustee to distribute a fixed annuity or a fixed

fraction of the value of trust assets; (3) that authorizes a beneficiary to withdraw a portion or all of the principal;

or (4) that in any manner diminishes an amount permanently set aside for charitable purposes

under the governing instrument unless both income and principal are set aside.