§ 15-1.2-408 — Insubstantial allocation not required

Colorado § 15-1.2-408

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Uniform Fiduciary Income and Principal Act

Text

(1) If a fiduciary
determines that an allocation between income and principal required by section 15-1.2-409, 15-1.2-410, 15-1.2-411, 15-1.2-412, or 15-1.2-415 is insubstantial, the fiduciary
may allocate the entire amount to principal, unless section 15-1.2-203 (5) applies to
the allocation.

(2) A fiduciary may presume an allocation is insubstantial under subsection
(1) of this section if:

(a) The amount of the allocation would increase or decrease net income in an
accounting period, as determined before the allocation, by less than ten percent;
and

(b) The asset producing the receipt to be allocated has a fair market value
less than ten percent of the total fair market value of the assets owned or held by
the fiduciary at the beginning of the accounting period.

(3) The power to make a determination under subsection (1) of this section
may be:

(a) Exercised by a co-fiduciary in the manner described in section 15-1.2-203
(6); or

(b) Released or delegated for a reason described in section 15-1.2-203 (7)
and in the manner described in section 15-1.2-203 (8).

Legislative History

Source: L. 2021: Entire article added, (SB 21-171), ch. 143, p. 825, � 1, effective January 1, 2022.