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This entry was published on 2014-09-22
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SECTION 11-A-4.8
Insubstantial allocations not required
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 11-A, PART 4, SUBPART 3
§ 11-A-4.8 Insubstantial allocations not required

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.