55-13A-410. Liquidating asset.
(a) In this section, the term, liquidating asset, means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to §55-13A-409, resources subject to §55-13A-411, timber subject to §55-13A-412, an activity subject to §55-13A-414, an asset subject to §55-13A-415, or any asset for which the trustee establishes a reserve for depreciation under §55-13A-503.
(b) A trustee shall allocate to income ten percent of the receipts from a liquidating asset and the balance to principal.
Source: SL 2007, ch 282, §20.
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.