Florida § 738.408 Insubstantial allocation not required

Florida Statutes

§ 738.408 — Insubstantial allocation not required

Florida § 738.408

TitleXLII

Ch. 738UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT

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Bluebook

Fla. Stat. § 738.408 (2026).

Text

(1)If a fiduciary determines that an allocation between income and principal required by s. 738.409, s. 738.410, s. 738.411, s. 738.412, or s. 738.415 is insubstantial, the fiduciary may allocate the entire amount to principal, unless s. 738.203(5) applies to the allocation.

(2)A fiduciary may presume an allocation is insubstantial under subsection (1) 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 10 percent; and (b) The asset producing the receipt to be allocated has a carrying value less than 10 percent of the total carrying 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) may be

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(1) If a fiduciary determines that an allocation between income and principal required by s. 738.409, s. 738.410, s. 738.411, s. 738.412, or s. 738.415 is insubstantial, the fiduciary may allocate the entire amount to principal, unless s. 738.203(5) applies to the allocation.

(2) A fiduciary may presume an allocation is insubstantial under subsection (1) 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 10 percent; and (b) The asset producing the receipt to be allocated has a carrying value less than 10 percent of the total carrying 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) may be: (a) Exercised by a cofiduciary in the manner described in s. 738.203(6); or (b) Released or delegated for a reason described in s. 738.203(7) and in the manner described in s. 738.203(8).