N.D. Cent. Code § 59-04.2-27

Current through 2023 Legislative Sessions
Section 59-04.2-27 - (504) Transfers from income to reimburse principal
1. If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.
2. Principal disbursements to which subsection 1 applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:
a. An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;
b. A capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments;
c. Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker's commissions;
d. Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and
e. Disbursements described in subdivision g of subsection 1 of section 59-04.2-25.
3. If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection 1.

N.D.C.C. § 59-04.2-27