1. (1) If a fiduciary determines that an allocation between income and principal required by Section 75A-5-409, 75A-5-410, 75A-5-411, 75A-5-412, or 75A-5-415 is insubstantial, the fiduciary may allocate the entire amount to principal, unless Subsection 75A-5-203(5) applies to the allocation.

2. (2) A fiduciary may presume an allocation is insubstantial under Subsection (1) if:

   1. (a) the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10%; and
   2. (b) the asset producing the receipt to be allocated has a fair market value less than 10% of the total fair market value of the assets owned or held by the fiduciary at the beginning of the accounting period.

3. (3) The power to make a determination under Subsection (1) may be:

   1. (a) exercised by a co-fiduciary in the manner described in Subsection 75A-5-203(6); or
   2. (b) released or delegated for a reason described in Subsection 75A-5-203(7) and in the manner described in Subsection 75A-5-203(8).

Renumbered and Amended by Chapter 364, 2024 General Session