RSA 564-C:4-408 · Insubstantial Allocations Not Required

564-C:4-408 Insubstantial Allocations Not Required. –

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(a)

If a trustee determines that an allocation between principal and income required by RSA 564-C:4-409, 410, 411, 412, or 415 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in RSA 564-C:1-104(c) applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in RSA 564-C:1-104(d) and may be released for the reasons and in the manner described in RSA 564-C:1-104(e).

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(b)

An allocation is presumed to be insubstantial if:

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(1)

the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or

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(2)

the value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust's assets at the beginning of the accounting period.

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(c)

Nothing in this section imposes a duty on the trustee to make an allocation under this section, and the trustee is not liable for failing to make an allocation under this section regardless of whether or not the trustee has made allocations under this section in the past. Source. 2006, 320:68, eff. Aug. 19, 2006.

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