Title 129 · ORS Chapter 129

or 129.385 applies to a receipt from the trust. [2003 c.279 �11]

Citation: ORS 129.300

Section: 129.300

129.300 or 129.385 applies to a receipt from the trust. [2003 c.279 �11]

����� 129.308 UPIA 403. Business and other activities conducted by trustee. (1) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust�s general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.

����� (2) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust�s general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust�s general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.

����� (3) Activities for which a trustee may maintain separate accounting records include:

����� (a) Retail, manufacturing, service and other traditional business activities;

����� (b) Farming;

����� (c) Raising and selling livestock and other animals;

����� (d) Management of rental properties;

����� (e) Extraction of minerals and other natural resources;

����� (f) Timber operations; and

����� (g) Activities to which ORS 129.380 applies. [2003 c.279 �12]

(Receipts Not Normally Apportioned)

����� 129.310 UPIA 404. Principal receipts. A trustee shall allocate to principal:

����� (1) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor�s lifetime, a decedent�s estate, a trust with a terminating income interest or a payer under a contract naming the trust or its trustee as beneficiary;

����� (2) Money or other property received from the sale, exchange, liquidation or change in form of a principal asset, including realized profit, subject to ORS 129.300 to