Kan. Stat. § 58-9a-503

Current through 2024 Session Acts Chapter 111 and 2024 Special Session Acts Chapter 4
Section 58-9a-503 - Transfer from income to principal for depreciation
(a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a tangible asset having a useful life of more than one year.
(b) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
(1) Of the part of real property used or available for use by a beneficiary as a residence;
(2) of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or
(3) under this section, to the extent the fiduciary accounts:
(A) Under K.S.A. 2023 Supp. 58-9a-410, and amendments thereto, for the asset; or
(B) under K.S.A. 2023 Supp. 58-9a-403, and amendments thereto, for the business or other activity in which the asset is used.
(c) An amount transferred to principal under this section need not be separately held.

K.S.A. 58-9a-503

Added by L. 2021, ch. 63,§ 35, eff. 7/1/2021.