Principal Receipts
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Law
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Georgia Code
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Wills, Trusts, and Administration of Estates
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Trusts
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Georgia Principal and Income Act
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Allocation of Receipts During Administration of Trust
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Receipts Not Normally Apportioned
- Principal Receipts
A trustee shall allocate to principal:
- To the extent not allocated to income under this article, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payor under a contract naming the trust or its trustee as beneficiary;
- Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to the provisions of this article;
- Amounts recovered from third parties to reimburse the trust because of disbursements described in paragraph (7) of subsection (a) of Code Section 53-12-451 or for other reasons to the extent not based on the loss of income;
- Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest shall be income;
- Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and
- Other receipts as provided in this article.
(Code 1981, §53-12-420, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.)
The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, revised language in paragraph (1).
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