As discussed in Part 5, a complex trust or estate is entitled to a deduction for both IRDC to beneficiaries and for OAPC. Thus, items of principal that are paid or credited or required to be distributed can, under certain circumstances, carry with them income tax consequences.
Generally, for a complex trust to take a distributions deduction for OAPC, the amount must be paid or credited to the beneficiary during the trust's tax year.
On the other hand, the fiduciary of a complex trust or an estate calculates the allowable regular income tax deduction for distributions to beneficiaries(39) as the lower of (1) the aggregate of IRDC and OAPC or (2) DNI.
For example, the AMT formula to calculate the allowable distributions deductions for a simple trust would be the lower of IRDC or DNAMTI, and for a complex trust or estate the lower of the aggregate of IRDC and OAPC or DNAMTI.
If under the terms of the governing instrument it is to be paid in three or fewer installments, any payment to the legatee will not constitute an "other amount paid or credited" (OAPC), which will carry out DNI.
When the election is made, the amount of OAPC is the property's FMV on distribution.(56) Example 18: Assume the same facts as in Example 15, except that the stock distributed was in partial satisfaction of a residuary (or fractional) marital bequest, rather than of a specific bequest.