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Idaho · Through 2026 Legislative Session

Idaho Code § 68-10-408: Insubstantial allocations not required.

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Where this section sits in the code
  1. TITLE 68 TRUSTS AND FIDUCIARIES
  2. CHAPTER 10 UNIFORM PRINCIPAL AND INCOME ACT
  3. PART 4. ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST

If a trustee determines that an allocation between principal and income required by section 68-10-409, 68-10-410, 68-10-411, 68-10-412 or 68-10-415, Idaho Code, is insubstantial, the trustee may allocate the entire amount to principal unless one (1) of the circumstances described in section 68-10-104(c), Idaho Code, applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in section 68-10-104(d), Idaho Code, and may be released for the reasons and in the manner described in section 68-10-104(e), Idaho Code. 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 (10%); or

(2) The value of the asset producing the receipt for which the allocation would be made is less than ten percent (10%) of the total value of the trust’s assets at the beginning of the accounting period.

Collected 2026-09-04T11:24:31Z. Source file · JSON

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