Current through the 2024 Fourth Special Session
Section 75A-5-505 - Reimbursement of principal from income(1) If a fiduciary makes or expects to make a principal disbursement described in Subsection (2), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements.(2) To the extent that a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which Subsection (1) applies include: (a) an amount chargeable to income but paid from principal because income is not sufficient;(b) the cost of an improvement to principal, regardless of whether the improvement is a change to an existing asset or the construction of a new asset, including a special assessment;(c) a disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions;(d) a periodic payment 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 payment; and(e) a disbursement described in Subsection 75A-5-502(1).(3) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under Subsection (1).Renumbered from § 22-3-505 and amended by Chapter 364, 2024 General Session ,§ 166, eff. 9/1/2024.Amended by Chapter 348, 2020 General Session ,§ 25, eff. 7/1/2020.Repealed and reenacted by Chapter 495, 2019 General Session ,§ 37, eff. 7/1/2020.Amended by Chapter 297, 2011 General Session