37A-5-503. Transfers from income to principal for depreciation.
(a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than one year.
(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
(1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
(2) During the administration of a decedent's estate; or
(3) Under this section if the trustee is accounting under G.S. 37A-4-403 for the business or activity in which the asset is used.
(c) An amount transferred to principal under this section need not be held as a separate fund. (2003-232, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 37A - Uniform Principal and Income Act
Article 5 - Allocation of Disbursements During Administration of Trust.
§ 37A-5-501 - Disbursements from income.
§ 37A-5-502 - Disbursements from principal.
§ 37A-5-503 - Transfers from income to principal for depreciation.
§ 37A-5-504 - Transfers from income to reimburse principal.
§ 37A-5-506 - Adjustments between principal and income because of taxes.