30-3144. Transfers from income to principal for depreciation.(a) 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.(b) A trustee 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:(1) 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;(2) during the administration of a decedent's estate; or(3) under this section if the trustee is accounting under section 30-3129 for the business or activity in which the asset is used.(c) An amount transferred to principal need not be held as a separate fund.Source Laws 2001, LB 56, § 29.
Nebraska Legal Code