55-13-8. Business and farming operations.
(a)If a trustee uses any part of the principal in the continuance of a business of which the settlor was a sole proprietor or a partner, the net profits of the business, computed in accordance with generally accepted accounting principles for a comparable business, are income. If a loss results in any fiscal or calendar year, the loss falls on principal and shall not be carried into any other fiscal or calendar year for purposes of calculating net income.
(b)Generally accepted accounting principles shall be used to determine income from an agricultural or farming operation, including the raising of animals or the operation of a nursery.
Source: SL 1984, ch 323, ยง8.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 13 - Revised Uniform Principal And Income Act
Section 55-13-1 - Definitions.
Section 55-13-2 - Duty of trustee as to receipts and expenditures.
Section 55-13-3 - Income--Principal--Charges.
Section 55-13-4 - When right to income arises--Apportionment of income.
Section 55-13-5 - Income earned during administration of a decedent's estate.
Section 55-13-6 - Corporate distributions.
Section 55-13-7 - Increase in value of certain trust investments distributable as income.
Section 55-13-8 - Business and farming operations.
Section 55-13-9 - Disposition of natural resources.
Section 55-13-11 - Other property subject to depletion.
Section 55-13-13 - Charges against income and principal.
Section 55-13-14 - Application of chapter.
Section 55-13-15 - Uniformity of interpretation.
Section 55-13-16 - Short title.
Section 55-13-17 - Severability.
Section 55-13-18 - Application of chapter to existing trusts and estates.