Colorado Code
Part 4 - Uniform Principal and Income Act
§ 15-1-422. Timber









Source: L. 2000: Entire part R&RE, p. 1143, § 1, effective July 1, 2001. L. 2009: (3) and (4) amended, (HB 09-1241), ch. 169, p. 746, § 10, effective April 22.
Scope of section. The rules in Section 15-1-422 are intended to apply to net receipts from the sale of trees and by-products from harvesting and processing trees without regard to the kind of trees that are cut or whether the trees are cut before or after a particular number of years of growth. The rules apply to the sale of trees that are expected to produce lumber for building purposes, trees sold as pulpwood, and Christmas and other ornamental trees. Subsection (1) applies to net receipts from property owned by the trustee and property leased by the trustee. The Act is not intended to prevent a tenant in possession of the property from using wood that he cuts on the property for personal, noncommercial purposes, such as a Christmas tree, firewood, mending old fences or building new fences, or making repairs to structures on the property.
Under subsection (1), the amount of net receipts allocated to income depends upon whether the amount of timber removed is more or less than the rate of growth. The method of determining the amount of timber removed and the rate of growth is up to the trustee, based on methods customarily used for the kind of timber involved.
Application of Sections 15-1-413 and 15-1-418. This section applies to the extent that the trustee does not account separately for net receipts from the sale of timber and related products under Section 15-1-413 or allocate all of the receipts to principal under Section 15-1-418. The option to account for net receipts separately under Section 15-1-413 takes into consideration the possibility that timber harvesting operations may have been conducted before the timber property became subject to the trust, and that it may make sense to continue using accounting methods previously established for the property. It also permits a trustee to use customary accounting practices for timber operations even if no harvesting occurred on the property before it became subject to the trust.

Structure Colorado Code

Colorado Code

Title 15 - Probate, Trusts, and Fiduciaries

Article 1 - Fiduciary

Part 4 - Uniform Principal and Income Act

§ 15-1-401. Short Title

§ 15-1-402. Definitions

§ 15-1-403. Fiduciary Duties - General Principles

§ 15-1-404. Trustee's Power to Adjust

§ 15-1-404.5. Conversion - Unitrusts - Administration

§ 15-1-405. Notice of Action

§ 15-1-406. Determination and Distribution of Net Income

§ 15-1-407. Distribution to Residuary and Remainder Beneficiaries

§ 15-1-408. When Right to Income Begins and Ends

§ 15-1-409. Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins

§ 15-1-410. Apportionment When Income Interest Ends

§ 15-1-411. Character of Receipts

§ 15-1-412. Distribution From Trust or Estate

§ 15-1-413. Business and Other Activities Conducted by Trustee

§ 15-1-414. Principal Receipts

§ 15-1-415. Rental Property

§ 15-1-416. Obligation to Pay Money

§ 15-1-417. Insurance Policies and Similar Contracts

§ 15-1-418. Insubstantial Allocations Not Required

§ 15-1-419. Deferred Compensation, Annuities, and Similar Payments

§ 15-1-420. Liquidating Asset

§ 15-1-421. Minerals, Water, and Other Natural Resources

§ 15-1-421.5. Disposition of Natural Resources

§ 15-1-422. Timber

§ 15-1-423. Property Not Productive of Income

§ 15-1-424. Derivatives and Options

§ 15-1-425. Asset-Backed Securities

§ 15-1-426. Disbursements From Income

§ 15-1-427. Disbursements From Principal

§ 15-1-428. Transfers From Income to Principal for Depreciation

§ 15-1-429. Transfers From Income to Reimburse Principal

§ 15-1-430. Income Taxes

§ 15-1-431. Adjustments Between Principal and Income Because of Taxes

§ 15-1-432. Uniformity of Application - Construction

§ 15-1-433. Severability

§ 15-1-434. Effective Date - Application to Existing Trusts and Estates - Election

§ 15-1-435. Application of Certain Provisions - Notice of Election

§ 15-1-436. Transitional Matters

§ 15-1-451. Short Title

§ 15-1-452. Source and Prior Enactment - Uniform Application

§ 15-1-453. Definitions - Construction of Terms

§ 15-1-454. Applicability

§ 15-1-455. Application of This Subpart 7 - Powers of Settlor

§ 15-1-456. Income and Principal - Disposition

§ 15-1-457. Apportionment of Income

§ 15-1-458. Corporate Dividends and Share Rights

§ 15-1-459. Premium and Discount Bonds

§ 15-1-460. Principal Used in Business

§ 15-1-461. Principal Comprising Animals

§ 15-1-462. Principal Subject to Depletion

§ 15-1-463. Unproductive Estate

§ 15-1-464. Disposition of Natural Resources

§ 15-1-464.5. Disposition of Natural Resources - Special Applicability

§ 15-1-465. Expenses - Trust Estates

§ 15-1-466. Expenses - Nontrust Estates

§ 15-1-467. Disposition of Net Probate Income

§ 15-1-468. Repeal of Part