Idaho Statutes

§ 68-10-408 — INSUBSTANTIAL ALLOCATIONS NOT REQUIRED

Idaho·Title 68 TRUSTS AND FIDUCIARIES·Part 4. ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST·Ch. 10 UNIFORM PRINCIPAL AND INCOME ACT

If a trustee determines that an allocation between principal and income required by section 68-10-409, 68-10-410, 68-10-411, 68-10-412 or 68-10-415, Idaho Code, is insubstantial, the trustee may allocate the entire amount to principal unless one (1) of the circumstances described in section 68-10-104 (c), Idaho Code, applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in section 68-10-104 (d), Idaho Code, and may be released for the reasons and in the manner described in section 68-10-104 (e), Idaho Code. An allocation is presumed to be insubstantial if:

(1)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 (10%); or
(2)The value of the a

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Legislative History

[68-10-408, added 2001, ch. 261, sec. 2, p. 954.]

Nearby Sections

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