738.505 Reimbursement of principal from income.—(1) If a fiduciary makes or expects to make a principal disbursement described in subsection (2), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.(2) To the extent that a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (1) applies include:(a) An amount chargeable to income but paid from principal because income is not sufficient;(b) 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;(c) A disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions;(d) 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; and(e) A disbursement described in s. 738.502(1).(3) If an asset whose ownership gives rise to a principal disbursement becomes subject to a ncipal for depreciation is less than the periodic payment; and(e) A disbursement described in s. 738.502(1).(3) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary 1may make transfers under subsection (1).History.—s. 1, ch. 2002-42; s. 30, ch. 2012-49; s. 40, ch. 2024-216.1Note.—The word 'to' following the word 'may' was deleted by the editors.Note.—Former s. 738.704.
Florida Legal Code