Idaho § 68-10-408 INSUBSTANTIAL ALLOCATIONS NOT REQUIRED

Idaho Statutes

§ 68-10-408 — INSUBSTANTIAL ALLOCATIONS NOT REQUIRED

Idaho § 68-10-408

Title 68TRUSTS AND FIDUCIARIES

Part 4.ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST

Ch. 10UNIFORM PRINCIPAL AND INCOME ACT

This text of Idaho § 68-10-408 (INSUBSTANTIAL ALLOCATIONS NOT REQUIRED) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 68-10-408 (2026).

Text

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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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 asset producing the receipt for which the allocation would be made is less than ten percent (10%) of the total value of the trust’s assets at the beginning of the accounting period.