(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 fiduciary may transfer from income to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation in any of the following circumstances: (1) As to the portion of a. real property used or available for use by a beneficiary as a residence or b. 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) If the fiduciary is accounting separately for the business or activity in which the asset is used, pursuant to Section 19-3A-403. (c) An amount transferred from income to principal need not be held as a separate fund.
History: (Act 2000-675, p. 1343, §1.)