O.C.G.A. § 53-12-452: Transfers from income to principal for depreciation.
Where this section sits in the code
- TITLE 53 Wills, Trusts, and Administration of Estates
- CHAPTER 12 Trusts
- Article 17 Georgia Principal and Income Act
- PART 5 Allocation of Disbursements During Administration of Trust
(a) As used in this Code section, the term “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 shall 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 Code section if the trustee is accounting under Code Section 53-12-412 for the business or activity in which the asset is used.
(c) An amount transferred to principal need not be held as a separate fund.
Collected 2026-09-17T19:34:58Z. Source file · JSON