11-A-5.4 - Transfers from income to reimburse principal

§ 11-A-5.4 Transfers from income to reimburse principal    (a)  If  a  trustee  makes or expects to make a principal disbursement  described in this section,  the  trustee  may  transfer  an  appropriate  amount  from  income  to  principal in one or more accounting periods to  reimburse principal  or  to  provide  a  reserve  for  future  principal  disbursements.    (b) Principal disbursements to which paragraph (a) applies include the  following, but only to the extent that the trustee has not been and does  not expect to be reimbursed by a third party:    (1)  an amount chargeable to income but paid from principal because it  is unusually large, including extraordinary repairs;    (2) a capital improvement to a principal asset, whether in the form of  changes to an existing  asset  or  the  construction  of  a  new  asset,  including special assessments;    (3)  disbursements  made  to  prepare  property  for rental, including  tenant allowances, leasehold improvements, and broker's commissions;    (4) periodic payments on an obligation secured by a principal asset to  the extent that the amount transferred  from  income  to  principal  for  depreciation is less than the periodic payments; and    (5) disbursements described in subparagraph 11-A-5.2 (a)(7).    (c)  If  the  asset  whose  ownership  gives rise to the disbursements  becomes subject to a successive income interest after an income interest  ends, a  trustee  may  continue  to  transfer  amounts  from  income  to  principal as provided in paragraph (a).