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The Florida Statutes

The 2018 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 738
PRINCIPAL AND INCOME
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F.S. 738.703
738.703 Transfers from income to principal for depreciation.
(1) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed 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 that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
(b) During the administration of a decedent’s estate; or
(c) Under this section if the fiduciary is accounting under s. 738.403 for the business or activity in which the asset is used.
(3) The amount of depreciation taken for tax purposes with respect to an asset shall be presumed to be a reasonable amount of depreciation. An amount taken for depreciation shall not be considered unreasonable solely because it is greater or less than the amount taken for tax purposes.
(4) An amount transferred to principal need not be held as a separate fund.
History.s. 1, ch. 2002-42; s. 29, ch. 2012-49.