South Dakota Statutes

§ 55-13A-408 — Insubstantial allocations not required.

South Dakota·Title 55 FIDUCIARIES AND TRUSTS·Ch. 55-13A UNIFORM PRINCIPAL AND INCOME ACT

If a trustee determines that an allocation between principal and income required by § 55-13A-409 , 55-13A-410 , 55-13A-411 , 55-13A-412 , or 55-13A-415 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in § 55-13A-104(c) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in § 55-13A-104(d) and may be released for the reasons and in the manner described in § 55-13A-104(e). 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; or (2) The value of the asset producing the receipt for which the allocation would be made i

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

South Dakota § 55-13A-408 (Insubstantial allocations not required.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 2007, ch 282, § 18.

Nearby Sections

15
View on official source ↗