58-9a-307. Same; applicable value. (a) A unitrust policy must provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including:
(1) The frequency of valuing the asset, which need not require a valuation in every period; and
(2) the date for valuing the asset in each period in which the asset is valued.
(b) Except as otherwise provided in K.S.A. 2021 Supp. 58-9a-309(b)(2), and amendments thereto, a unitrust policy may provide methods for determining the amount of the net fair market value of the trust to take into account in determining the applicable value, including:
(1) Obtaining an appraisal of an asset for which fair market value is not readily available;
(2) exclusion of specific assets or groups or types of assets;
(3) other exceptions or modifications of the treatment of specific assets or groups or types of assets;
(4) identification and treatment of cash or property held for distribution;
(5) use of:
(A) An average of fair market values over a stated number of preceding periods; or
(B) another mathematical blend of fair market values over a stated number of preceding periods;
(6) a limit on how much the applicable value of all assets, groups of assets, or individual assets may increase over:
(A) The corresponding applicable value for the preceding period; or
(B) a mathematical blend of applicable values over a stated number of preceding periods;
(7) a limit on how much the applicable value of all assets, groups of assets, or individual assets may decrease below:
(A) The corresponding applicable value for the preceding period; or
(B) a mathematical blend of applicable values over a stated number of preceding periods;
(8) the treatment of accrued income and other features of an asset that affect value; and
(9) determining the liabilities of the trust, including treatment of liabilities to conform with the treatment of assets under paragraphs (1) through (8).
History: L. 2021, ch. 63, ยง 14; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 9a - Uniform Fiduciary Income And Principal Act
58-9a,201 Fiduciary duties; general principles.
58-9a,202 Judicial review of exercise of discretionary power; request for instruction.
58-9a,203 Fiduciary's power to adjust.
58-9a,301 Definitions related to unitrusts.
58-9a,302 Application; duties and remedies.
58-9a,303 Authority of fiduciary.
58-9a,304 Notice to fiduciaries.
58-9a,305 Unitrust policy; requirements.
58-9a,306 Same; unitrust rate.
58-9a,307 Same; applicable value.
58-9a,308 Same; period required; optional standards.
58-9a,309 Special tax benefits; other rules.
58-9a,401 Character of receipts from entity.
58-9a,402 Receipts from distribution from trust or estate.
58-9a,403 Accounting for business or other activity conducted by fiduciary.
58-9a,405 Receipts from rental property.
58-9a,406 Receipt from obligation to be paid in money.
58-9a,407 Receipts from insurance policy or contract.
58-9a,408 Insubstantial allocation not required.
58-9a,409 Receipts from deferred compensation, annuity or similar payment.
58-9a,410 Receipts produced by a liquidating asset.
58-9a,411 Receipts from interest in minerals, water and other natural resources.
58-9a,412 Receipts from sale of timber.
58-9a,413 Marital deduction property not productive of income.
58-9a,414 Receipts from derivative or option.
58-9a,415 Receipts from asset-backed security.
58-9a,416 Receipts from other financial instrument or arrangement.
58-9a,501 Disbursement from income.
58-9a,502 Disbursement from principal.
58-9a,503 Transfer from income to principal for depreciation.
58-9a,504 Reimbursement of income from principal.
58-9a,505 Reimbursement of principal from income.
58-9a,507 Adjustment between income and principal because of taxes.
58-9a,601 Determination and distribution of net income.
58-9a,602 Distribution to successor beneficiary.
58-9a,701 When right to income begins and ends.
58-9a,702 Apportionment of receipts and disbursements when decedent dies or income interest begins.
58-9a,703 Apportionment when income interest ends.
58-9a,801 Uniformity of application and construction.
58-9a,802 Relation to electronic signatures in global and national commerce act.