§ 44B-5-503 — Transfers from income to principal for depreciation

West Virginia § 44B-5-503

• Jurisdiction: West Virginia
• Ch. 44B: UNIFORM PRINCIPAL AND INCOME ACT
• Art. 5: ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST

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(a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.

(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, under generally accepted accounting principles, but may not transfer any amount for depreciation:

(1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(2) During the administration of a decedent's estate; or

(3) Under this section if the trustee is accounting under section four hundred three, article four of this chapter for the business or activity in which the asset is used.

(c) An amount transferred to principal need not be held as a separate fund.

Legislative History

2000 Reg. Sess., HB4494