Section 11-A-5.3. Transfers from income to principal for depreciation  


Latest version.
  • (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 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 11-A-4.3 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.