§ 75A-5-410 — Receipts normally apportioned -- Liquidating asset.

Utah § 75A-5-410

• Jurisdiction: Utah
• Title 75A: Fiduciaries
• Ch. 75A-5: Uniform Fiduciary Income and Principal Act
• Part 75A-5-4: Allocation of Receipts

Text

(1) As used in this section:
(1)(a) "Liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a limited time.
(1)(b) "Liquidating asset" includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance.
(2) This section does not apply to a receipt subject to Section 75A-5-401, 75A-5-409, 75A-5-411, 75A-5-412, 75A-5-414, 75A-5-415, 75A-5-416, or 75A-5-503.
(3) A fiduciary shall allocate:
(3)(a) to income:
(3)(a)(i) a receipt produced by a liquidating asset, to the extent the receipt does not exceed 3% of the value of the asset; or
(3)(a)(ii) if the fiduciary cannot determine the value of the asset, 10% of the receipt; and
(3)(b) to principal, the balance of the receipt.

Legislative History

Renumbered and Amended by Chapter 364, 2024 General Session