Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 81 - Principal and Income
Section 8143 - Business and other activities conducted by trustee


(a) Separate accounting for business or activity.--If a trustee 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) Net receipts.--
(1) A trustee that accounts separately for a business or other activity may determine the extent to which:
(i) 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
(ii) the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records.
(2) 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) Permissible activities for separate accounting.--Activities for which a trustee may maintain separate accounting records include:
(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 8154 (relating to derivatives and options) applies.

Cross References. Section 8143 is referred to in sections 8141, 8147, 8154, 8164 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Chapter 81 - Principal and Income

Extra - Chapter Notes

Section 8101 - Short title of chapter

Section 8102 - Definitions

Section 8103 - Fiduciary duties; general principles

Section 8104 - Trustee's power to adjust

Section 8105 - Power to convert to unitrust

Section 8106 - Judicial control of discretionary powers

Section 8107 - Express trusts

Section 8113 - Charitable trusts

Section 8121 - Determination and distribution of net income

Section 8122 - Distribution to residuary and remainder beneficiaries

Section 8131 - When right to income begins and ends

Section 8132 - Apportionment of receipts and disbursements when decedent dies or income interest begins

Section 8133 - Apportionment when income interest ends

Section 8141 - Character of receipts

Section 8142 - Distribution from trust or estate

Section 8143 - Business and other activities conducted by trustee

Section 8144 - Principal receipts

Section 8145 - Rental property

Section 8146 - Obligation to pay money

Section 8147 - Insurance policies and similar contracts

Section 8148 - Insubstantial allocations not required

Section 8149 - Retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments

Section 8150 - Liquidating asset

Section 8151 - Minerals, water and other natural resources

Section 8152 - Timber

Section 8153 - Property not productive of income

Section 8154 - Derivatives and options

Section 8155 - Asset-backed securities

Section 8161 - Mandatory disbursements from income

Section 8162 - Mandatory disbursements from principal

Section 8163 - Discretionary allocation of disbursements

Section 8164 - Transfers from income to principal for depreciation

Section 8165 - Transfers from income to reimburse principal

Section 8166 - Income taxes

Section 8167 - Adjustments between principal and income because of taxes

Section 8191 - Uniformity of application and construction