§ 19-3A-503 — Transfers from Income to Principal for Depreciation

Alabama § 19-3A-503

• Jurisdiction: Alabama
• Title 19: Fiduciaries and Trusts
• Ch. 3A: Alabama Principal and Income Act
• Art. 5: Allocation of Disbursements During Administration of Trust or Decendent’s Estate

Text

(a) In this section, “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.
(b) A fiduciary may transfer from income 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 in any of the following circumstances:
(1) As to the portion of a. real property used or available for use by a beneficiary as a residence or b. 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) If the fiduciary is accounting separately for the business or activity in which the asset is used, pursuant to Section 19-3A-403.
(c) An amount transferred from income to principal need not be held as a separate fund.

Legislative History

(Act 2000-675, p. 1343, §1.)