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Miss. Code Ann. § 91-17-503

Transfers from income to principal for depreciation

Known as the Mississippi Principal and Income Act

The act spans §§ 91–91 (51 sections).

Laws, 2012, ch. 351, § 1, eff from and after Jan. 1, 2013.

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.

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 Section 91-17-403 for the business or activity in which the asset is used.

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

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.