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S.D. Codified Laws § 55-13A-503

Transfers from income to principal for depreciation

Known as the Uniform Principal and Income Act

The act spans §§ 55-13A-101 to 55-13A-602 (33 sections).

Source: SL 2007, ch 282, § 28.

(a) In this section, the term, 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 § 55-13A-403 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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.