2-3-829. Transfers from income to reimburse principal.
(a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one (1) or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.
(b) Principal disbursements to which subsection (a) of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:
(i) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;
(ii) A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;
(iii) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements and broker's commissions;
(iv) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and
(v) Disbursements described in W.S. 2-3-827(a)(vii).
(c) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (a) of this section.
Structure Wyoming Statutes
Title 2 - Wills, Decedents' Estates and Probate Code
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 2-3-806 - 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 2-3-810 - 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 2-3-823 - 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.