C.R.S. Section 15-1.2-408
Insubstantial allocation not required


(1)

If a fiduciary determines that an allocation between income and principal required by section 15-1.2-409, 15-1.2-410, 15-1.2-411, 15-1.2-412, or 15-1.2-415 is insubstantial, the fiduciary may allocate the entire amount to principal, unless section 15-1.2-203 (5) applies to the allocation.

(2)

A fiduciary may presume an allocation is insubstantial under subsection (1) of this section 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 ten percent; and

(b)

The asset producing the receipt to be allocated has a fair market value less than ten percent of the total fair market 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) of this section may be:

(a)

Exercised by a co-fiduciary in the manner described in section 15-1.2-203 (6); or

(b)

Released or delegated for a reason described in section 15-1.2-203 (7) and in the manner described in section 15-1.2-203 (8).

Source: Section 15-1.2-408 — Insubstantial allocation not required, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15–1.2–101
Short title
15–1.2–102
Definitions
15–1.2–103
Scope
15–1.2–104
Governing law
15–1.2–201
Fiduciary duties - general principles
15–1.2–202
Judicial review of exercise of discretionary power - definition
15–1.2–203
Fiduciary’s power to adjust
15–1.2–204
Notice of action - definitions
15–1.2–301
Definitions
15–1.2–302
Application - duties and remedies
15–1.2–303
Authority of fiduciary
15–1.2–304
Notice
15–1.2–305
Unitrust policy
15–1.2–306
Unitrust rate
15–1.2–307
Applicable value
15–1.2–308
Period
15–1.2–309
Special tax benefits - rules
15–1.2–401
Character of receipts from entity - definitions
15–1.2–402
Distribution from trust or estate
15–1.2–403
Business of other activity conducted by fiduciary
15–1.2–404
Principal receipts
15–1.2–405
Rental property
15–1.2–406
Receipt on obligation to be paid in money
15–1.2–407
Insurance policy or contract
15–1.2–408
Insubstantial allocation not required
15–1.2–409
Deferred compensation, annuity, or similar payment - definitions
15–1.2–410
Liquidating asset - definition
15–1.2–411
Minerals, water, and other natural resources
15–1.2–412
Timber
15–1.2–413
Marital deduction property not productive of income
15–1.2–414
Derivative or option - definition
15–1.2–415
Asset-backed security
15–1.2–416
Other financial instrument or arrangement
15–1.2–501
Disbursement from income
15–1.2–502
Disbursement from principal
15–1.2–503
Transfer from income to principal for depreciation - definition
15–1.2–504
Reimbursement of income from principal
15–1.2–505
Reimbursement of principal from income
15–1.2–506
Income taxes
15–1.2–507
Adjustment between income and principal because of taxes
15–1.2–601
Determination and distribution of net income
15–1.2–602
Distribution to successor beneficiary
15–1.2–701
When right to income begins and ends
15–1.2–702
Apportionment of receipts and disbursements when decedent dies or income interest begins
15–1.2–703
Apportionment when income interest ends - definition
15–1.2–801
Uniformity of application and construction
15–1.2–802
Relation to electronic signatures in global and national commerce act
15–1.2–803
Application to trust or estate
15–1.2–804
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-1.2-408’s source at colorado​.gov