S 11-A-5.3  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 year.

(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:

(1)   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;

(2)   during the administration of a decedent`s estate; or

(3)   under this section if the trustee is accounting under 11-A-4.3 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.