§ 58-9a-505 — Reimbursement of principal from income

(a) If a fiduciary makes or expects to make a principal disbursement described in subsection (b), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements.
(b) To the extent a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (a) applies include:
(1) An amount chargeable to income but paid from principal because income is not sufficient;
(2) 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;
(3) a disbursement made to prepare property for rental, including tenant allowances, leasehold improvements and commissions;
(4) 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
(5) a disbursement described in K.S.A. 2024 Supp. 58-9a-502(a), and amendments thereto.
(c) 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 continue to make transfers under subsection (a).

Legislative History

L. 2021, ch. 63, § 37; July 1.