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New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 11-A-4.8 Insubstantial allocations not required

Current as of January 01, 2024 | Updated by FindLaw Staff

If a trustee determines that an allocation between principal and income required by 11-A-4.9, 11-A-4.10, 11-A-4.11, 11-A-4.12, or 11-A-4.15 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in subparagraph 11-2.3 (b)(5) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in subparagraph 11-2.3 (b)(5) and may be released for the reasons and in the manner described in that section. 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 ten percent; or

(2) the value of the asset producing the receipt for which the allocation would be made is less than ten percent of the total value of the trust's assets at the beginning of the accounting period.

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Cite this article: FindLaw.com - New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 11-A-4.8 Insubstantial allocations not required - last updated January 01, 2024 | https://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-11-a-4-8/

Read this complete New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 11-A-4.8 Insubstantial allocations not required on Westlaw

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