16362
Effective Jan 1, 2024Repealed and added by Stats. 2023, Ch. 28, Sec. 2. (SB 522) Effective January 1, 2024.
- (a) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year.
(b) A fiduciary may transfer to principal a reasonable amount of the net money receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
- (1) Of the part of real property used or available for use by a beneficiary as a residence.
- (2) Of tangible personal property held or made available for the personal use or enjoyment of a beneficiary.
(3) Under this section, to the extent the fiduciary accounts under either of the following:
- (A) Section 16349, for the asset.
- (B) Section 16342, for the business or other activity in which the asset is used.
- (c) An amount transferred to principal under this section need not be separately held.