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Simple English definitions for legal terms

throwback rule

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A quick definition of throwback rule:

Throwback rule: A rule in taxes that says if a trust gives more money to a beneficiary than it earned in a year, the excess money is treated as if it was given in the previous year. The beneficiary has to pay taxes on the excess money in the current year, even though it's counted as if it was given in the previous year. This rule also applies to sales that would be exempt from state income tax, but only if the seller's state has adopted the throwback rule.

A more thorough explanation:

A throwback rule is a tax regulation that applies to trusts and sales. It has two different meanings:

In the taxation of trusts, a throwback rule requires that any amount distributed in a tax year that exceeds the year's distributable net income must be treated as if it had been distributed in the preceding year. This means that the beneficiary is taxed in the current year, but the computation is made as if the excess had been distributed in the previous year. If the trust did not have undistributed accumulated income in the preceding year, the amount of the throwback is tested against each of the preceding years.

For example, if a trust distributes $10,000 to a beneficiary in 2021, but the distributable net income for that year is only $8,000, the excess $2,000 will be subject to the throwback rule. The beneficiary will be taxed on the $2,000 as if it had been distributed in 2020, even though it was not actually distributed until 2021.

A throwback rule also applies to sales that would otherwise be exempt from state income tax. If the state to which the sale would be assigned for apportionment purposes does not have an income tax, even though the seller's state does, the sale must be attributed to the seller's state and subjected to a state-level tax. This rule only applies if the seller's state has adopted a throwback rule.

For example, if a company based in California makes a sale to a customer in Oregon, and Oregon does not have an income tax, the sale would normally be exempt from state income tax. However, if California has a throwback rule, the sale would be attributed to California and subject to California state income tax.

throwaway | throw out

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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