{"data":{"id":"us-ut/utah-code-75a-5-408","jurisdiction":"us-ut","citation":"Utah Code § 75A-5-408","heading":"Receipts normally apportioned -- Insubstantial allocation not required.","body":"(1) If a fiduciary determines that an allocation between income and principal required by Section 75A-5-409, 75A-5-410, 75A-5-411, 75A-5-412, or 75A-5-415 is insubstantial, the fiduciary may allocate the entire amount to principal, unless Subsection 75A-5-203(5) applies to the allocation.\n(2) A fiduciary may presume an allocation is insubstantial under Subsection (1) if:\n(a) the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10%; and\n(b) the asset producing the receipt to be allocated has a fair market value less than 10% of the total fair market value of the assets owned or held by the fiduciary at the beginning of the accounting period.\n(3) The power to make a determination under Subsection (1) may be:\n(a) exercised by a co-fiduciary in the manner described in Subsection 75A-5-203(6); or\n(b) released or delegated for a reason described in Subsection 75A-5-203(7) and in the manner described in Subsection 75A-5-203(8).","path":["Title 75A Fiduciaries","Chapter 75A-5 Uniform Fiduciary Income and Principal Act","Part 75A-5-4 Allocation of Receipts"],"source_url":"https://le.utah.gov/xcode/Title75A/Chapter5/75A-5-S408.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"77fe5f2d378c034a23bec309e61a3cc2fb8b0cbecd8c97e3c47304197ec43d2d","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75a-5-407","next":"us-ut/utah-code-75a-5-409"},"notice":"GroundRules: Original legal text. Not legal advice."}