Receipts from liquidating assets – allocation
(1) In this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to 72-34-441, natural resources subject to 72-34-443, timber subject to 72-34-444, a derivative or option subject to 72-34-446, an asset subject to 72-34-447, or any asset for which the trustee establishes a reserve for depreciation under 72-34-450.
(2) A trustee shall allocate to income 85% from a liquidating asset and the balance to principal.
| EnactedEn. SectionSec. 22, ChapterCh. 506, Laws ofL. 2003 (SB 231 - Cromley, Brent (D) SD 9) |
| AmendedAmd. SectionSec. 5, ChapterCh. 513, Laws ofL. 2005 (HB 701 - Noennig, Mark (R) HD 46) |