TITLE 68

TRUSTS AND FIDUCIARIES

CHAPTER 10

UNIFORM PRINCIPAL AND INCOME ACT

PART 5.

ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST

68-10-503.  Transfers from income to principal for depreciation. (a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one (1) year.

(b)  A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:

(1)  Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(2)  During the administration of a decedent’s estate; or

(3)  Under this section if the trustee is accounting under section 68-10-403, Idaho Code, for the business or activity in which the asset is used.

(c)  An amount transferred to principal need not be held as a separate fund.

History:

[68-10-503, added 2001, ch. 261, sec. 2, p. 959.]