• Current through October 23, 2012

If a trustee determines that an allocation between principal and income required by § 28-4804.09, § 28-4804.10, § 28-4804.11, § 28-4804.12, or § 28-4804.15 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in § 28-4801.04(c) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in § 28-4801.04(d) and may be released for the reasons and in the manner described in § 28-4801.04(e). An allocation is presumed to be insubstantial if:

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

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

(Apr. 27, 2001, D.C. Law 13-292, § 502(c), 48 DCR 2087.)


Legislative History of Laws

For Law 13-292, see notes following § 28-4801.01.

Uniform Law

This section is based upon § 408 of the Uniform Principal and Income Act (1997 Act). See 7B Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.