637.424 Timber.
1. A trustee may account for net receipts from the sale of timber and related products under subsection 2 or section 637.403 or, if the trustee determines that net receipts are insubstantial, may allocate the net receipts to principal. The presumptions in section 637.420 apply in determining whether net receipts are insubstantial. If a trust owns more than one block of timberland, the trustee may use different methods to account for net receipts from different blocks.
2. If a trustee does not account under section 637.403 for net receipts from the sale of timber and related products or allocate the net receipts to principal because they are insubstantial, the trustee shall allocate the net receipts according to one of the following rules:
a. Allocate the net receipts to income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the block as a whole during the accounting periods in which a beneficiary has a mandatory income interest.
b. Allocate the net receipts to principal to the extent that the amount of timber removed from the land exceeds the block’s rate of growth or the net receipts are from the sale of standing timber.
c. Allocate the net receipts to or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs “a” and “b”.
d. Allocate the net receipts to principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to paragraph “a”, “b”, or “c”.
3. In determining the net receipts from the sale of timber, a trustee shall deduct and transfer to principal a reasonable amount for depletion.
4. This chapter applies regardless of whether a decedent or transferor was harvesting timber from the property before it became subject to the trust.
5. If a trust owns an interest in timberland on or before July 1, 2000, the trustee may allocate net receipts from the sale of timber and related products as provided in this section or in the manner used by the trustee before July 1, 2000. If the trust acquires an interest in timberland after July 1, 2000, the trustee shall allocate net receipts from the sale of timber and related products as provided in this section.
99 Acts, ch 124, §20; 2000 Acts, ch 1154, §40
Referred to in §637.412, 637.420, 637.422
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT
Section 637.101 - Short title.
Section 637.102 - Definitions.
Section 637.103 - Fiduciary duties — general principles.
Section 637.201 - Determination and distribution of net income.
Section 637.202 - Distribution to residuary and remainder beneficiaries.
Section 637.301 - When right to income begins and ends.
Section 637.303 - Apportionment when income interest ends.
Section 637.401 - Character of receipts.
Section 637.402 - Distribution from trust or estate.
Section 637.403 - Business and other activities conducted by trustee.
Section 637.410 - Principal receipts.
Section 637.411 - Rental property.
Section 637.412 - Obligation to pay money.
Section 637.413 - Insurance policies and similar contracts.
Section 637.420 - Insubstantial allocations not required.
Section 637.421 - Deferred compensation, annuities, and similar payments.
Section 637.422 - Liquidating asset.
Section 637.423 - Minerals, water, and other natural resources.
Section 637.425 - Property not productive of income.
Section 637.426 - Derivatives and options.
Section 637.427 - Asset-backed securities.
Section 637.501 - Disbursements from income.
Section 637.502 - Disbursements from principal.
Section 637.503 - Transfers from income to principal for depreciation.
Section 637.504 - Transfers from income to reimburse principal.
Section 637.505 - Income taxes.
Section 637.506 - Adjustments between principal and income because of taxes.
Section 637.601 - Definitions.
Section 637.602 - Trustee’s authority to convert.
Section 637.603 - Trustee requirements to convert or change computation method.
Section 637.604 - Interested trustee’s authority to convert.
Section 637.605 - Interested trustee requirements to convert or change computation method.
Section 637.606 - Petition to court to convert trust.
Section 637.607 - Valuation of trust.
Section 637.608 - Payout percentage.
Section 637.609 - Unitrust amount.
Section 637.610 - Procedure upon conversion of income trust to total return unitrust.
Section 637.611 - Total return unitrust administration.
Section 637.612 - Principal distributions subject to governing instrument.
Section 637.613 - Construction and applicability.
Section 637.614 - Good faith actions.
Section 637.615 - Effective date.
Section 637.701 - Application of chapter to existing trusts and estates — chapter prevails.