Wisconsin Code § 701.1122

Insubstantial allocations not required
Open in Lexace · Ask the AI about this section
If a
trustee determines that an allocation between principal and income required by s. 701.1120 (2) , 701.1123, 701.1124,
701.1125, 701.1126, or 701.1129 is insubstantial, the trustee may
allocate the entire amount to principal unless one of the circumstances described in s. 701.1104 (3) applies to the allocation.
This power may be exercised by a cotrustee in the circumstances
described in s. 701.1104 (4) and may be released for the reasons
and in the manner described in s. 701.1104 (5). An allocation is
presumed to be insubstantial if:
(1) The amount of the allocation would increase or decrease
net income in an accounting period, as determined before the allocation, by less than 10 percent.
(2) The value of the asset producing the receipt for which the
allocation would be made is less than 10 percent of the total value
of the trust’s assets at the beginning of the accounting period.

‹ Prev All Wisconsin 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.