Sec. 33. (a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources under this section, the trustee shall allocate them as follows:
(1) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income.
(2) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal.
(3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, ninety percent (90%) must be allocated to principal and the balance to income.
(4) If an amount is received from a working interest or any other interest not provided for in subdivision (1), (2), or (3), ninety percent (90%) of the net amount received must be allocated to principal and the balance to income.
(b) An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, ninety percent (90%) of the amount must be allocated to principal and the balance to income.
(c) This chapter applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust.
(d) If a trust owns an interest in minerals, water, or other natural resources on January 1, 2003, the trustee may allocate receipts from the interest as provided in this chapter or in the manner used by the trustee before January 1, 2003. If the trust acquires an interest in minerals, water, or other natural resources after December 31, 2002, the trustee shall allocate receipts from the interest as provided in this chapter.
As added by P.L.84-2002, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 14. Uniform Principal and Income Act
30-2-14-0.1. Application of Chapter; Application of Certain Amendments to Chapter
30-2-14-1. "Accounting Period" Defined
30-2-14-2. "Beneficiary" Defined
30-2-14-5. "Income Beneficiary" Defined
30-2-14-6. "Income Interest" Defined
30-2-14-7. "Mandatory Income Interest" Defined
30-2-14-8. "Net Income" Defined
30-2-14-10. "Principal" Defined
30-2-14-11. "Remainder Beneficiary" Defined
30-2-14-12. "Terms of a Trust"
30-2-14-13.5. Personal Representative as a Fiduciary
30-2-14-14. Allocating Receipts and Disbursements Between Principal and Income
30-2-14-15. Power of Trustee to Adjust Between Principal and Income
30-2-14-16. Notice of Proposed Action
30-2-14-17. Discretionary Powers of Fiduciary; Failure to Exercise Power; Remedies
30-2-14-18. Distributions to Beneficiaries; Payment of Fees and Costs
30-2-14-19. Beneficiary's Share of Net Income
30-2-14-20. Income Interest; Asset Subject to Trust
30-2-14-21. Income Receipts and Disbursements
30-2-14-22. Termination of Mandatory Income Interest
30-2-14-23. Receipts From an Entity
30-2-14-24. Distributions of Principal and Income From Trust or Estate
30-2-14-25. Separate Accounting Records for Business or Activity
30-2-14-26. Receipts and Property Allocated to Principal
30-2-14-27. Rental Property Receipts
30-2-14-28. Obligation to Pay Money to Trustee
30-2-14-29. Life Insurance Policy Proceeds; Proceeds of Other Contracts
30-2-14-30. Insubstantial Allocation Between Principal and Income
30-2-14-31. Allocating Payments to Principal or Income
30-2-14-32. Receipts From Liquidating Asset
30-2-14-33. Receipts From an Interest in Minerals or Other Natural Resources
30-2-14-34. Net Receipts From the Sale of Timber and Related Products
30-2-14-35. Marital Deduction for Trust Assets
30-2-14-36. Transactions in Derivatives; Granting, Acquiring, or Exercising an Option
30-2-14-37. Asset Backed Securities
30-2-14-38. Disbursements From Income
30-2-14-39. Disbursements From Principal