§ 53-12-452 — Transfers from income to principal for depreciation

(a) As used in this Code section, the term "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 trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but shall not transfer any amount for depreciation: (1) Of that portion of real property used or available for use by a beneficiary as a residence or of 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) Under this Code section if the trustee is accounting under Code Section 53-12-412 for the business or activity in which the asset is used. (c) An amount transferred to principal need not be held as a separate fund.

Legislative History

Amended by 2011 Ga. Laws 181,§ 18, eff. 5/12/2011. Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.