Section 503 - Transfers from income to principal for depreciation. (Superseded 7/1/2020)

UT Code § 22-3-503 (2019) (N/A)

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(1) 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 year.

(2) 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: (a) 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; (b) during the administration of a decedent's estate; or (c) under this section if the trustee is accounting under Section 22-3-403 for the business or activity in which the asset is used.

(a) 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;

(b) during the administration of a decedent's estate; or

(c) under this section if the trustee is accounting under Section 22-3-403 for the business or activity in which the asset is used.

(3) An amount transferred to principal need not be held as a separate fund.

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