55-13-1. Definitions. As used in this chapter: (1)”Income beneficiary” means the person to whom income is presently payable or for whom it is accumulated for distribution as income; (2)”Inventory value” means the cost of property purchased by the trustee and the market value of other property at the time it became subject to the trust, […]
55-13-10. Timber. If any part of the principal consists of land from which merchantable timber may be removed, the receipts from taking the timber from the land shall be allocated in accordance with §55-13-2(a)(3). Source: SL 1984, ch 323, §10.
55-13-11. Other property subject to depletion. Except as provided in §§55-13-9 and 55-13-10, if the principal consists of property subject to depletion, including leaseholds, patents, copyrights, royalty rights, and rights to receive payments on a contract for deferred compensation, receipts from the property, not in excess of five percent per year of its inventory value, […]
55-13-13. Charges against income and principal. (a)The following charges shall be made against income: (1)Ordinary expenses incurred in connection with the administration, management, or preservation of the trust property, including regularly recurring taxes assessed against any portion of the principal, water rates, premiums on insurance taken upon the interests of the income beneficiary, remainderman, or […]
55-13-14. Application of chapter. Except as specifically provided in the trust instrument, the will or in this chapter, this chapter shall apply to any receipt or expense received or incurred on or after July 1, 1984 by any trust executed or the estate of any decedent dying on or after July 1, 1984. Source: SL […]
55-13-15. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: SL 1984, ch 323, §15.
55-13-16. Short title. This chapter may be cited as the Revised Uniform Principal and Income Act. Source: SL 1984, ch 323, §16.
55-13-17. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable. Source: […]
55-13-18. Application of chapter to existing trusts and estates. The provisions of this chapter may not be utilized by any trust created after June 30, 2007, or by any decedent’s estate based upon a will executed subsequent to June 30, 2007. Any trust or decedent’s estate not otherwise prohibited by this section from utilizing this […]
55-13-2. Duty of trustee as to receipts and expenditures. (a)A trust shall be administered with due regard to the respective interests of income beneficiaries and remaindermen. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or […]
55-13-3. Income–Principal–Charges. (a)Income is the return in money or property derived from the use of principal, including return received as (1)rent of real or personal property, including sums received for cancellation or renewal of a lease; (2)interest on money lent, including sums received as consideration for the privilege of prepayment of principal except as provided […]
55-13-4. When right to income arises–Apportionment of income. (a)An income beneficiary is entitled to income from the date specified in the trust instrument, or, if none is specified, from the date an asset becomes subject to the trust. In the case of an asset becoming subject to a trust by reason of a will, it […]
55-13-5. Income earned during administration of a decedent’s estate. (a)Unless the will otherwise provides and subject to subsection (b), all expenses incurred in connection with the settlement of a decedent’s estate, including debts, funeral expenses, estate taxes, interest and penalties concerning taxes, family allowances, fees of attorneys and personal representatives, and court costs shall be […]
55-13-6. Corporate distributions. (a)Corporate distributions of shares of the distributing corporation, including distributions in the form of a stock split or stock dividend, are principal. A right to subscribe to shares or other securities issued by the distributing corporation accruing to stockholders on account of their stock ownership and the proceeds of any sale of […]
55-13-7.Increase in value of certain trust investments distributable as income. (a)Unless otherwise provided in the trust instrument, an increase in the value of the following investments owned by any trust is distributable as income when it becomes available for distribution: (1)A zero coupon bond; (2)An annuity contract before annuitization; (3)A life insurance contract before the […]
55-13-8. Business and farming operations. (a)If a trustee uses any part of the principal in the continuance of a business of which the settlor was a sole proprietor or a partner, the net profits of the business, computed in accordance with generally accepted accounting principles for a comparable business, are income. If a loss results […]
55-13-9. Disposition of natural resources. (a)If any part of the principal consists of a right to receive royalties, overriding or limited royalties, working interests, production payments, net profit interests, or other interests in minerals or other natural resources in, on or under land, the receipts from taking the natural resources from the land shall be […]
