Florida Statutes § 738.503
Transfers from income to principal for depreciation
Amended 2026 Florida StatutesSee what changed
- (1)For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than 1 year.
- (2)A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but may not transfer any amount for depreciation:
- (a)Of the part of real property used or available for use by a beneficiary as a residence;
- (b)Of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or
- (c)Under this section, to the extent that the fiduciary accounts: 1. Under s. 738.410 for the asset; or 2. Under s. 738.403 for the business or other activity in which the asset is used.
- (a)
- (3)An amount transferred to principal under this section need not be separately held.
History
History.—s. 1, ch. 2002-42; s. 17, ch. 2012-49; s. 38, ch. 2024-216.