Principal disbursements; income transfers to reimburse principal
or create principal disbursement reserve
Sec. 41. (a) If a trustee makes or expects to make a principal
disbursement described in this section, the trustee may transfer an
appropriate amount from income to principal in one (1) or more
accounting periods to reimburse principal or to provide a reserve for
future principal disbursements.
(b) Principal disbursements to which subsection (a) applies
include the following, but only to the extent that the trustee has not
been and does not expect to be reimbursed by a third party:
(1) an amount chargeable to income but paid from principal
because it is unusually large, including extraordinary repairs;
(2) a capital improvement to a principal asset, whether in the
form of changes to an existing asset or the construction of a
new asset, including special assessments;
(3) disbursements made to prepare property for rental, including
tenant allowances, leasehold improvements, and broker's
commissions;
(4) periodic payments on an obligation secured by a principal
asset to the extent that the amount transferred from income to
principal for depreciation is less than the periodic payments;
and
(5) disbursements described in section 39(a)(7) of this chapter.
(c) If the asset whose ownership gives rise to the disbursements
becomes subject to a successive income interest after an income
interest ends, a trustee may continue to transfer amounts from
income to principal as provided in subsection (a).
As added by P.L.84-2002, SEC.2.
Last modified: May 27, 2006