22-3-503.    Transfers from income to principal for depreciation.      (1)  In 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 one year.
      (2)  A trustee may transfer to principal a reasonable amount of the net cash receipts froma 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 aresidence or of tangible personal property held or made available for the personal use orenjoyment of a beneficiary;
      (b)  during the administration of a decedent's estate; or
      (c)  under this section if the trustee is accounting under Section 
22-3-403 for the businessor activity in which the asset is used.
      (3)  An amount transferred to principal need not be held as a separate fund.
Enacted by Chapter 285, 2004 General Session