Florida § 738.505 Reimbursement of principal from income

Florida Statutes

§ 738.505 — Reimbursement of principal from income

Florida § 738.505

TitleXLII

Ch. 738UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT

This text of Florida § 738.505 (Reimbursement of principal from income) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 738.505 (2026).

Text

(1)If a fiduciary makes or expects to make a principal disbursement described in subsection (2), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

(2)To the extent that a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (1) applies include:

(a)An amount chargeable to income but paid from principal because income is not sufficient;

(b)The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment;

(c)A disbursement made to prepare property for rental, including tenant allowances, leasehold imp

Free access — add to your briefcase to read the full text and ask questions with AI

(1) If a fiduciary makes or expects to make a principal disbursement described in subsection (2), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.

(2) To the extent that a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (1) applies include: (a) An amount chargeable to income but paid from principal because income is not sufficient; (b) The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment; (c) A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions; (d) A periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and (e) A disbursement described in s. 738.502(1).

(3) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may make transfers under subsection (1).