75A-5-404. Receipts not normally apportioned -- Principal receipts.
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Effective 9/1/2024
75A-5-404. Receipts not normally apportioned -- Principal receipts.
A fiduciary shall allocate to principal:
(1)to the extent not allocated to income under this chapter, an asset received from:
(a)an individual during the individual's lifetime;
(b)an estate;
(c)a trust on termination of an income interest; or
(d)a payor under a contract naming the fiduciary as beneficiary;
(2)except as otherwise provided in this part, money or other property received from the sale, exchange, liquidation, or change in form of a principal asset;
(3)an amount recovered from a third party to reimburse the fiduciary because of a disbursement described in Subsection 75A-5-502
(1)or for another reason to the extent not based on loss of income;
(4)proceeds of property taken by eminent domain, except that proceeds awarded for loss of income in an accounting period are income if a current income beneficiary had a mandatory income interest during the accounting period;
(5)net income received in an accounting period during which there is no beneficiary to which a fiduciary is permitted or required to distribute income; and
(6)other receipts as provided in Part 3, Unitrust.
Renumbered and Amended by Chapter 364 , 2024 General Session