55-13A-404. Principal receipts.
A trustee shall allocate to principal:
(1)To the extent not allocated to income under this chapter, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary;
(2)Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to this article;
(3)Amounts recovered from third parties to reimburse the trust because of disbursements described in §55-13A-502(a)(7) or for other reasons to the extent not based on the loss of income;
(4)Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;
(5)Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and
(6)Other receipts as provided in §§55-13A-408 to 55-13A-415, inclusive.
Source: SL 2007, ch 282, §14.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 13A - Uniform Principal And Income Act
Section 55-13A-101 - Short title.
Section 55-13A-102 - Definitions.
Section 55-13A-103 - Fiduciary duties--General principles.
Section 55-13A-104 - Trustee's power to adjust.
Section 55-13A-105 - Judicial control of discretionary power.
Section 55-13A-201 - Determination and distribution of net income.
Section 55-13A-202 - Distribution to residuary and remainder beneficiaries.
Section 55-13A-301 - When right to income begins and ends.
Section 55-13A-303 - Apportionment when income interest ends.
Section 55-13A-401 - Character of receipts.
Section 55-13A-402 - Distribution from trust or estate.
Section 55-13A-403 - Business and other activities conducted by trustee.
Section 55-13A-404 - Principal receipts.
Section 55-13A-405 - Rental property.
Section 55-13A-406 - Obligation to pay money.
Section 55-13A-407 - Insurance policies and similar contracts.
Section 55-13A-408 - Insubstantial allocations not required.
Section 55-13A-409 - Deferred compensation, annuities, and similar payments.
Section 55-13A-410 - Liquidating asset.
Section 55-13A-411 - Minerals, water, and other natural resources.
Section 55-13A-413 - Property not productive of income.
Section 55-13A-414 - Derivatives and options.
Section 55-13A-415 - Asset-backed securities.
Section 55-13A-501 - Disbursements from income.
Section 55-13A-502 - Disbursements from principal.
Section 55-13A-503 - Transfers from income to principal for depreciation.
Section 55-13A-504 - Transfers from income to reimburse principal.
Section 55-13A-505 - Income taxes.
Section 55-13A-506 - Adjustments between principal and income because of taxes.
Section 55-13A-601 - Uniformity of application and construction.
Section 55-13A-602 - Application of chapter to existing trusts and estates.