A. If a fiduciary makes or expects to make a principal disbursement described in subsection B, the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements.
B. To the extent a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection A applies include:
1. An amount chargeable to income but paid from principal because income is not sufficient;
2. The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment;
3. A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions;
4. A periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and
5. A disbursement described in subsection A of § 64.2-1065.
C. If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection A.
2022, c. 354.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 10.1 - Uniform Fiduciary Income and Principal Act
§ 64.2-1036. Fiduciary duties; general principles
§ 64.2-1037. Judicial review of exercise of discretionary power; request for instruction
§ 64.2-1038. Fiduciary's power to adjust
§ 64.2-1040. Application; duties and remedies
§ 64.2-1041. Authority of fiduciary
§ 64.2-1047. Special tax benefits; other rules
§ 64.2-1048. Character of receipts from entity
§ 64.2-1049. Distribution from trust or estate
§ 64.2-1050. Business or other activity conducted by fiduciary
§ 64.2-1051. Principal receipts
§ 64.2-1053. Receipt on obligation to be paid in money
§ 64.2-1054. Insurance policy or contract
§ 64.2-1055. Insubstantial allocation not required
§ 64.2-1056. Deferred compensation, annuity, or similar payment
§ 64.2-1057. Liquidating asset
§ 64.2-1058. Minerals, water, and other natural resources
§ 64.2-1060. Marital deduction property not productive of income
§ 64.2-1061. Derivative or option
§ 64.2-1062. Asset-backed security
§ 64.2-1063. Other financial instrument or arrangement
§ 64.2-1064. Disbursement from income
§ 64.2-1065. Disbursement from principal
§ 64.2-1066. Transfer from income to principal for depreciation
§ 64.2-1067. Reimbursement of income from principal
§ 64.2-1068. Reimbursement of principal from income
§ 64.2-1070. Adjustment between income and principal because of taxes
§ 64.2-1071. Determination and distribution of net income
§ 64.2-1072. Distribution to successor beneficiary
§ 64.2-1073. When right to income begins and ends
§ 64.2-1075. Apportionment when income interest ends
§ 64.2-1076. Uniformity of application and construction
§ 64.2-1077. Relation to Electronic Signatures in Global and National Commerce Act