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Mont. Code Ann. § 72-34-440

Insubstantial allocation -- allocation of entire amount to principal -- exceptions

Known as the Montana Uniform Principal and Income Act

The act spans §§ 72–72 (48 sections).

En

(1) If a trustee determines that an allocation between principal and income required by 72-34-441, 72-34-442, 72-34-443, 72-34-444, or 72-34-447 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in 72-34-424 (2) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in 72-34-424 (3) and may be released for the reasons and in the manner provided in 72-34-424 (4) and (5).

(2) An allocation is presumed to be insubstantial in either of the following cases:

(a) when the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10%; or

(b) when the value of the asset producing the receipt for which the allocation would be made is less than 10% of the total value of the trust's assets at the beginning of the accounting period.

(3) Nothing in this section imposes a duty on the trustee to make an allocation under this section, and the trustee is not liable for failure to make an allocation under this section.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.