Sustainable Harvest vs. Overcutting
Timber is a renewable resource, and Arizona's allocation rules reflect that. The statute ties the principal-income split to a straightforward question: did the trust harvest more timber than grew back during the accounting period?
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 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.
A.R.S. § 14-7421(A)(1)If the harvest stays within the growth rate, the net receipts go to income. This rewards sustainable management and ensures income beneficiaries benefit from the land's natural productivity. When harvesting exceeds the growth rate, or when standing timber is sold outright, those receipts go to principal because the trust's underlying asset has been reduced.
Leases, Contracts, and Advance Payments
Timberland leases and cutting contracts follow the same framework. The trustee determines how much timber was removed under the agreement and applies the growth-rate test. Receipts within the growth rate go to income; the excess goes to principal.
Advance payments, bonuses, and other lump-sum payments that cannot be matched to the growth-rate formula go to principal. The trustee must also deduct a reasonable amount for depletion and transfer it to principal, accounting for the long-term wear on the resource.
As with minerals and natural resources, trusts that owned timberland before this article took effect may continue using their prior allocation method. Trusts acquiring timberland after the effective date must follow these statutory rules.
