Fla. Stat. § 738.601

Current through Chapter 226 of the 2024 Legislative Session

Section 738.601 - [Effective Until 1/1/2025] Insubstantial allocations not required

If a fiduciary determines that an allocation between principal and income required by s. 738.602, s. 738.603, s. 738.604, s. 738.605, or s. 738.608 is insubstantial, the fiduciary may allocate the entire amount to principal unless one of the circumstances described in s. 738.104(3) applies to the allocation. This power may be exercised by a cofiduciary under the circumstances described in s. 738.104(4) and may be released for the reasons and in the manner described in s. 738.104(5). 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 or estate assets at the beginning of the accounting period.

Fla. Stat. § 738.601

s.1, ch. 2002-42; s.19, ch. 2012-49.

This section is set out more than once due to postponed, multiple, or conflicting amendments.