Section 163.4185 - Classifications of distribution interests1. A distribution interest may be classified as: (a) A mandatory interest if the trustee has no discretion to determine whether a distribution should be made, when a distribution should be made or the amount of the distribution.(b) A support interest if the trustee is mandatorily required to make distributions to the beneficiary upon the determination of the trustee that the distribution will satisfy a defined ascertainable standard set forth in the instrument and, upon such a determination, the trust instrument does not otherwise condition such distribution authority on the further discretion of the trustee.(c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distribution should be made and the amount of the distribution.2. If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as:(a) A mandatory interest only to the extent of the mandatory language provided in the trust;(b) A support interest only to the extent of the support language provided in the trust; and(c) A discretionary interest for any remaining trust property.3. If a trust provides for a support interest that also includes mandatory language but the mandatory language is qualified by discretionary language, the support interest must be classified and separated as a discretionary interest.4. As used in this section, "ascertainable standard" means a standard relating to a person's health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.Added to NRS by 2009, 786; A 2017, 1690; 2023, 1321Amended by 2023, Ch. 215,§11, eff. 7/1/2023.Amended by 2017, Ch. 311,§48, eff. 10/1/2017.Added to NRS by 2009, 786