Section 11-A-4.8. Insubstantial allocations not required  


Latest version.
  • If  a  trustee  determines  that  an  allocation between principal and
      income  required  by  11-A-4.9,  11-A-4.10,  11-A-4.11,  11-A-4.12,   or
      11-A-4.15  is  insubstantial, the trustee may allocate the entire amount
      to principal unless one of the circumstances described  in  subparagraph
      11-2.3  (b)(5) applies to the allocation. This power may be exercised by
      a cotrustee in the circumstances described in subparagraph 11-2.3 (b)(5)
      and may be released for the reasons and in the manner described in  that
      section. An allocation is presumed to be insubstantial if:
        (1) the amount of the allocation would increase or decrease net income
      in  an  accounting  period, as determined before the allocation, by less
      than ten percent; or
        (2) the value of  the  asset  producing  the  receipt  for  which  the
      allocation  would be made is less than ten percent of the total value of
      the trust's assets at the beginning of the accounting period.