Section 11-A-4.12. Timber  


Latest version.
  • (a)  To  the extent that a trustee accounts for receipts from the sale
      of timber and related products pursuant to  this  section,  the  trustee
      shall allocate the net receipts:
        (1) to income to the extent that the amount of timber removed from the
      land  does  not  exceed  the  rate  of  growth  of the timber during the
      accounting periods  in  which  a  beneficiary  has  a  mandatory  income
      interest;
        (2)  to principal to the extent that the amount of timber removed from
      the land exceeds the rate of growth of the timber or  the  net  receipts
      are from the sale of standing timber;
        (3)  to  or  between income and principal if the net receipts are from
      the lease of timberland or from a contract to cut timber from land owned
      by a trust, by determining the amount of timber removed  from  the  land
      under  the lease or contract and applying the rules in subparagraphs (1)
      and (2); or
        (4) to principal to the extent that  advance  payments,  bonuses,  and
      other  payments  are not allocated pursuant to subparagraph (1), (2), or
      (3).
        (b) In determining net receipts to be allocated pursuant to  paragraph
      (a),  a  trustee  shall  deduct  and  transfer to principal a reasonable
      amount for depletion.
        (c) This article applies whether or not a decedent or  transferor  was
      harvesting  timber  from  the  property  before it became subject to the
      trust.
        (d) If a trust owns an interest in timberland on the effective date of
      this article, the trustee may allocate net receipts  from  the  sale  of
      timber and related products as provided in this article or in the manner
      used  by  the  trustee before the effective date of this article. If the
      trust acquires an interest in timberland after  the  effective  date  of
      this  article,  the trustee shall allocate net receipts from the sale of
      timber and related products as provided in this article.