§37A-5-503. Transfers 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 fixed asset having a useful life of more than one year.

(b)        A trustee 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 that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(2)        During the administration of a decedent's estate; or

(3)        Under this section if the trustee is accounting under G.S. 37A-4-403 for the business or activity in which the asset is used.

(c)        An amount transferred to principal under this section need not be held as a separate fund.

(2003-232, s. 2.)