Wyoming Statutes
Article 8 - Principal and Income
Section 2-3-828 - Transfers From Income to Principal for Depreciation.

2-3-828. Transfers from income to principal for depreciation.
(a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one (1) year and the purchase cost or value of such fixed asset is more than that amount provided by section 179 of the United States Internal Revenue Code or subsequent amendment to the Internal Revenue Code.
(b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
(i) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
(ii) During the administration of a decedent's estate; or
(iii) Under this section if the trustee is accounting under W.S. 2-3-813 for the business or activity in which the asset is used.
(c) An amount transferred to principal need not be held as a separate fund.

Structure Wyoming Statutes

Wyoming Statutes

Title 2 - Wills, Decedents' Estates and Probate Code

Chapter 3 - Fiduciaries

Article 8 - Principal and Income

Section 2-3-801 - Short Title.

Section 2-3-802 - Definitions.

Section 2-3-803 - Fiduciary Duties; General Principles.

Section 2-3-804 - Trustee's Power to Adjust; Liability of Trustee.

Section 2-3-805 - Notice of Proposed Action; Objections of Beneficiary; Liability of Trustee; Proceedings.

Section 2-3-806 - Determination and Distribution of Net Income.

Section 2-3-807 - Distribution to Residuary and Remainder Beneficiaries.

Section 2-3-808 - When Right to Income Begins and Ends.

Section 2-3-809 - Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins.

Section 2-3-810 - Apportionment When Income Interest Ends.

Section 2-3-811 - Character of Receipts.

Section 2-3-812 - Distribution From Trust or Estate.

Section 2-3-813 - Business and Other Activities Conducted by Trustee.

Section 2-3-814 - Principal Receipts.

Section 2-3-815 - Rental Property.

Section 2-3-816 - Obligation to Pay Money.

Section 2-3-817 - Insurance Policies and Similar Contracts.

Section 2-3-818 - Insubstantial Allocation Not Required.

Section 2-3-819 - Deferred Compensation, Annuities and Similar Payments.

Section 2-3-820 - Liquidating Asset.

Section 2-3-821 - Minerals, Water and Other Natural Resources.

Section 2-3-822 - Timber.

Section 2-3-823 - Property Not Productive of Income.

Section 2-3-824 - Derivatives and Options.

Section 2-3-825 - Asset-Backed Securities.

Section 2-3-826 - Disbursements From Income.

Section 2-3-827 - Disbursements From Principal.

Section 2-3-828 - Transfers From Income to Principal for Depreciation.

Section 2-3-829 - Transfers From Income to Reimburse Principal.

Section 2-3-830 - Income Taxes.

Section 2-3-831 - Adjustments Between Principal and Income.

Section 2-3-832 - Judicial Control of Discretionary Powers.

Section 2-3-833 - Uniformity of Application and Construction.

Section 2-3-834 - Application of Act to Trusts and Estates; Principal Place of Administration.

Section 2-3-835 - Trustee Discretion to Include Capital Gains in Income.