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The Florida Statutes

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 738
UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
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F.S. 738.505
738.505 Reimbursement of principal from income.
(1) If a fiduciary makes or expects to make a principal disbursement described in subsection (2), the fiduciary 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) To the extent that a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (1) applies include:
(a) An amount chargeable to income but paid from principal because income is not sufficient;
(b) The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment;
(c) A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions;
(d) A periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and
(e) A disbursement described in s. 738.502(1).
(3) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary 1may make transfers under subsection (1).
History.s. 1, ch. 2002-42; s. 30, ch. 2012-49; s. 40, ch. 2024-216.
1Note.The word “to” following the word “may” was deleted by the editors.
Note.Former s. 738.704.