Delaware Code § 12-61-412

Timber
Open in Lexace · Ask the AI about this section
(a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee
shall allocate the net receipts:
(1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during
the accounting periods in which a beneficiary has a mandatory income interest;
(2) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net
receipts are from the sale of standing timber;
(3) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from
land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules
in paragraphs (a)(1) and (2) of this section; or
(4) to principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to paragraph (a)(1),
(2), or (3) of this section.
(b) In determining net receipts to be allocated pursuant to subsection (a) of this section, a trustee shall deduct and transfer to principal
a reasonable amount for depletion.
(c) This chapter applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to
the trust.
(d) If a trust owns an interest in timberland on August 1, 2009, the trustee may allocate net receipts from the sale of timber and
related products as provided in this chapter or in the manner used by the trustee before August 1, 2009. If the trust acquires an interest
in timberland after August 1, 2009, the trustee shall allocate net receipts from the sale of timber and related products as provided in the
provisions of this chapter.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.