Effective: January 1, 2007
Latest Legislation: House Bill 416 - 126th General Assembly
(A) If a trust that conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.
(B) A trustee that accounts separately for a business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.
(C) Activities for which a trustee may maintain separate accounting records under this section include all of the following:
(1) Retail, manufacturing, service, and other traditional business activities;
(2) Farming;
(3) Raising and selling livestock and other animals;
(4) Management of rental properties;
(5) Extraction of minerals and other natural resources;
(6) Timber operations;
(7) Activities to which section 5812.37 of the Revised Code applies.
Structure Ohio Revised Code
Chapter 5812 | Uniform Principal and Income Act
Section 5812.01 | Uniform Principal and Income Act Definitions.
Section 5812.02 | Fiduciary Duties - General Principles.
Section 5812.03 | Trustee's Power to Adjust.
Section 5812.07 | Determination and Distribution of Net Income.
Section 5812.08 | Distribution to Residuary and Remainder Beneficiaries.
Section 5812.12 | When Right to Income Begins and Ends.
Section 5812.14 | Apportionment When Income Interest Ends.
Section 5812.18 | Character of Receipts.
Section 5812.19 | Distribution From Trust or Estate.
Section 5812.20 | Business and Other Activities Conducted by Trustee.
Section 5812.24 | Principal Receipts.
Section 5812.25 | Rental Property.
Section 5812.26 | Obligation to Pay Money.
Section 5812.27 | Insurance Policies and Similar Contracts.
Section 5812.31 | Insubstantial Allocations Not Required.
Section 5812.32 | Deferred Compensation, Annuities and Similar Payments.
Section 5812.33 | Liquidating Asset.
Section 5812.34 | Minerals, Water and Other Natural Resources.
Section 5812.36 | Property Not Productive of Income.
Section 5812.37 | Derivatives and Options.
Section 5812.38 | Asset-Backed Securities.
Section 5812.42 | Disbursements From Income.
Section 5812.43 | Disbursements From Principal.
Section 5812.44 | Transfers From Income to Principal for Depreciation.
Section 5812.45 | Transfers From Income to Reimburse Principal.
Section 5812.46 | Income Taxes.
Section 5812.47 | Adjustments Between Principal and Income Because of Taxes.
Section 5812.51 | Citing Chapter.
Section 5812.52 | Application to Existing Trusts and Estates.