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A.R.S. § 14-7412

Trust Accounting for Business Activities

Verified April 4, 202657th Legislature, 1st Regular Session

When a trust owns a business or runs an activity like farming or rental management, the trustee may keep separate books. The trustee decides how much cash to keep for operations and how much to move into the trust's general accounts.

Title 14, TRUST ADMINISTRATION

azleg.gov

Separate Accounting for Trust-Owned Businesses

A family trust might own a ranch, a small business, rental properties, or mineral rights. Running these alongside typical trust assets can get complex.

This statute gives the trustee a practical tool. The trustee can keep a detailed record of transactions for any business inside the trust.

If a trustee who conducts a business or other activity determines that it is in the best interest of all of 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.

A.R.S. § 14-7412(A)

This matters because business operations have their own cash flow needs. For example, a farm might hold cash for equipment or seed.

A rental property might need reserves for repairs. Mixing everything with the trust's investment income would make both harder to manage.

Deciding What Stays in the Business

The trustee decides how much of the net cash receipts to keep for working capital. This includes funds for replacing fixed assets and other expected needs.

Whatever remains gets classified as principal or income in the trust's general records. If the trustee sells business assets outside normal operations, the net proceeds go to principal.

The statute covers many activity types. These include retail, manufacturing, service work, farming, livestock, rentals, mineral extraction, and timber.

Good separate accounting protects both current income beneficiaries and future remainder beneficiaries. It keeps business choices clear and well documented.

A. If a trustee who conducts a business or other activity determines that it is in the best interest of all of 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. B. A trustee who accounts separately for any 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. C. Activities for which a trustee may maintain separate accounting records include: 1. Retail, manufacturing, service and other traditional business activities. 2. Farming. 3. Raising and selling livestock and other animals. 4. Management of rental properties. 5. Extraction of minerals and other natural resources. 6. Timber operations. 7. Activities to which section 14-7423 applies.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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