§ 738.408, Fla. Stat. · Chapter 738. UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
Insubstantial allocation not required.
Text — 2026 Florida Statutes
(1) If a fiduciary determines that an allocation between income and principal required by s. 738.409, s. 738.410, s. 738.411, s. 738.412, or s. 738.415 is insubstantial, the fiduciary may allocate the entire amount to principal, unless s. 738.203(5) applies to the allocation.
(2) A fiduciary may presume an allocation is insubstantial under subsection (1) if:
(a) 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; and
(b) The asset producing the receipt to be allocated has a carrying value less than 10 percent of the total carrying value of the assets owned or held by the fiduciary at the beginning of the accounting period.
(3) The power to make a determination under subsection (1) may be:
(a) Exercised by a cofiduciary in the manner described in s. 738.203(6); or
(b) Released or delegated for a reason described in s. 738.203(7) and in the manner described in s. 738.203(8).
Notes and commentary — not statutory text
History
s. 27, ch. 2024-216.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0738/0738.html
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 738.203, Fla. Stat.Fiduciary’s power to adjust.Printed as s. 738.203(5); s. 738.203(6); s. 738.203(7); s. 738.203(8)
- § 738.409, Fla. Stat.Deferred compensation, annuity, or similar payment.Printed as s. 738.409
- § 738.410, Fla. Stat.Liquidating asset.Printed as s. 738.410
- § 738.411, Fla. Stat.Minerals, water, and other natural resources.Printed as s. 738.411
Cited by 2 provisions
Provisions in this library whose text cites § 738.408, Fla. Stat.. Each shows the citation as that text prints it.
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