Section 11-A-5.4. Transfers from income to reimburse principal  


Latest version.
  • (a)  If  a  trustee  makes or expects to make a principal disbursement
      described in this section,  the  trustee  may  transfer  an  appropriate
      amount  from  income  to  principal in one or more accounting periods to
      reimburse principal  or  to  provide  a  reserve  for  future  principal
      disbursements.
        (b) Principal disbursements to which paragraph (a) applies include the
      following, but only to the extent that the trustee has not been and does
      not expect to be reimbursed by a third party:
        (1)  an amount chargeable to income but paid from principal because it
      is unusually large, including extraordinary repairs;
        (2) a capital improvement to a principal asset, whether in the form of
      changes to an existing  asset  or  the  construction  of  a  new  asset,
      including special assessments;
        (3)  disbursements  made  to  prepare  property  for rental, including
      tenant allowances, leasehold improvements, and broker's commissions;
        (4) periodic payments on an obligation secured by a principal asset to
      the extent that the amount transferred  from  income  to  principal  for
      depreciation is less than the periodic payments; and
        (5) disbursements described in subparagraph 11-A-5.2 (a)(7).
        (c)  If  the  asset  whose  ownership  gives rise to the disbursements
      becomes subject to a successive income interest after an income interest
      ends, a  trustee  may  continue  to  transfer  amounts  from  income  to
      principal as provided in paragraph (a).