(a) If a fiduciary makes or expects to make a principal disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements.
(b) To the extent a fiduciary has not been, and does not expect to be, reimbursed by a third party, principal disbursements to which subdivision (a) applies include all of the following:
(1) An amount chargeable to income but paid from principal because income is not sufficient.
(2) The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment.
(3) A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions.
(4) A periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment.
(5) A disbursement described in subdivision (a) of Section 16361.
(c) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subdivision (a).
","text":"(a) If a fiduciary makes or expects to make a principal disbursement described in subdivision (b), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements. (b) To the extent a fiduciary has not been, and does not expect to be, reimbursed by a third party, principal disbursements to which subdivision (a) applies include all of the following: (1) An amount chargeable to income but paid from principal because income is not sufficient. (2) The cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment. (3) A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions. (4) A periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment. (5) A disbursement described in subdivision (a) of Section 16361. (c) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subdivision (a).","otherVersions":[],"url":"https://blackletter.si/probate-code/allocation-of-disbursements-16364","source":"California Legislative Information bulk export (pubinfo)"}