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A.R.S. § 14-7421

How Timber Receipts Are Allocated in an Arizona Trust

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

When a trust owns timberland, Arizona law controls how the trustee splits timber sale receipts. The key distinction is whether the timber harvested exceeds the natural growth rate. Sustainable harvesting produces income; overcutting generates principal.

Title 14, TRUST ADMINISTRATION

azleg.gov

Sustainable Harvest vs. Overcutting

Timber is a renewable resource, and the Arizona Revised Statutes reflect that. The trustee allocates net receipts based on one question: did the trust harvest more timber than grew back?

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 helps income beneficiaries benefit from the land's natural productivity.

When harvesting exceeds the growth rate, those receipts go to principal. The same applies when the trustee sells standing timber outright. As a result, the trust's underlying asset stays protected for future beneficiaries.

Leases, Contracts, and Advance Payments

Timberland leases and cutting contracts follow the same framework. The trustee checks how much timber was removed 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 go to principal when they cannot be matched to the growth-rate formula. The trustee must also deduct a reasonable amount for depletion. This means the trustee transfers that amount to principal to account for the resource's long-term decline.

As with minerals and natural resources, trusts that owned timberland before this article took effect may keep using their prior method. Trusts acquiring timberland after the effective date must follow these statutory rules.

14-7421. Timber 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 paragraphs 1 and 2. 4. To principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to paragraph 1, 2 or 3. B. In determining net receipts to be allocated pursuant to subsection A, a trustee shall deduct and transfer to principal a reasonable amount for depletion. C. This article 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 the effective date of this article, the trustee may allocate net receipts from the sale of timber and related products as provided in this article or in the manner used by the trustee before the effective date of this article. If the trust acquires an interest in timberland after the effective date of this article, the trustee shall allocate net receipts from the sale of timber and related products as provided in this article.

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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