75A-5-408. Receipts normally apportioned -- Insubstantial allocation not required.
(1) If a fiduciary determines that an allocation between income and principal required by Section,,,, oris insubstantial, the fiduciary may allocate the entire amount to principal, unless Subsectionapplies to the allocation. 75A-5-409 75A-5-410 75A-5-411 75A-5-412 75A-5-415 75A-5-203(5)
(2) A fiduciary may presume an allocation is insubstantial under Subsection (1) if: the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10%; and the asset producing the receipt to be allocated has a fair market value less than 10% of the total fair market value of the assets owned or held by the fiduciary at the beginning of the accounting period.
(3) The power to make a determination under Subsection (1) may be: exercised by a co-fiduciary in the manner described in Subsection; or 75A-5-203(6) released or delegated for a reason described in Subsectionand in the manner described in Subsection. 75A-5-203(7) 75A-5-203(8)