Ohio Revised Code
Chapter 5812 | Uniform Principal and Income Act
Section 5812.31 | Insubstantial Allocations Not Required.

Effective: January 1, 2007
Latest Legislation: House Bill 416 - 126th General Assembly
If a trustee determines that an allocation between principal and income required by section 5812.32, 5812.33, 5812.34, 5812.35, or 5812.38 of the Revised Code is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in division (C) of section 5812.03 of the Revised Code applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in division (D) of that section and may be released for the reasons and in the manner described in division (E) of the section. An allocation is presumed to be insubstantial if either of the following applies:
(A) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than ten per cent.
(B) The value of the asset producing the receipt for which the allocation would be made is less than ten per cent of the total value of the trust's assets at the beginning of the accounting period.

Structure Ohio Revised Code

Ohio Revised Code

Title 58 | Trusts

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 5812.13 | Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins.

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 5812.35 | Timber.

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.