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District of Columbia Official Code 2001 Edition. |
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Division V. Local Business Affairs. |
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Title 28. Commercial Instruments and Transactions. |
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Subtitle II. Other Commercial Transactions. |
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Chapter 48. Principal and Income; Uniform Law. |
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Subchapter IV. Allocation of Receipts During Administration of Trust. |
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Part B. Receipts Not Normally Apportioned.
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A trustee shall allocate to principal:
(1) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary;
(2) Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to this subchapter;
(3) Amounts recovered from third parties to reimburse the trust because of disbursements described in § 28-4805.02(a)(7) or for other reasons to the extent not based on the loss of income;
(4) Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;
(5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and
(6) Other receipts as provided in part C of this subchapter.
(Apr. 27, 2001, D.C. Law 13-292, § 502(c), 48 DCR 2087.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-292, see notes following § 28-4801.01.
Uniform Law
This section is based upon § 404 of the Uniform Principal and Income Act ((1997 Act). See 7B Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.
(Apr. 27, 2001, D.C. Law 13-292, § 502(c), 48 DCR 2087.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-292, see notes following § 28-4801.01.
Uniform Law
This section is based upon § 405 of the Uniform Principal and Income Act (1997 Act). See 7B Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium.
(b) A trustee shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust shall be allocated to income.
(c) This section does not apply to an obligation to which § 28-4804.09, § 28-4804.10, § 28-4804.11, § 28-4804.12, § 28-4804.14, or § 28- 4804.15 applies.
(Apr. 27, 2001, D.C. Law 13-292, § 502(c), 48 DCR 2087.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-292, see notes following § 28-4801.01.
Uniform Law
This section is based upon § 406 of the Uniform Principal and Income Act (1997 Act). See 7B Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) Except as otherwise provided in subsection (b) of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal.
(b) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to § 28-4804.03, loss of profits from a business.
(c) This section does not apply to a contract to which § 28-4804.09 applies.
(Apr. 27, 2001, D.C. Law 13-292, § 502(c), 48 DCR 2087.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-292, see notes following § 28-4801.01.
Uniform Law
This section is based upon § 407 of the Uniform Principal and Income Act (1997 Act). See 7B Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
