Depreciation not to be transferred
Effective Aug 28, 2001(L. 2001 H.B. 241)
- 1. As used in this section, the term "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.
2. 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) Pursuant to this section if the trustee is accounting pursuant to section 469.427 for the business or activity in which the asset is used.
- 3. An amount transferred to principal need not be held as a separate fund.
(L. 2001 H.B. 241)