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Florida Statute 738.503 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 738
UNIFORM FIDUCIARY INCOME AND PRINCIPAL ACT
View Entire Chapter
F.S. 738.503
738.503 Transfers from income to principal for depreciation.
(1) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than 1 year.
(2) A fiduciary 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:
(a) Of the part of real property used or available for use by a beneficiary as a residence;
(b) Of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or
(c) Under this section, to the extent that the fiduciary accounts:
1. Under s. 738.410 for the asset; or
2. Under s. 738.403 for the business or other activity in which the asset is used.
(3) An amount transferred to principal under this section need not be separately held.
History.s. 1, ch. 2002-42; s. 17, ch. 2012-49; s. 38, ch. 2024-216.

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Amendments to 738.503


Arrestable Offenses / Crimes under Fla. Stat. 738.503
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 738.503.



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