Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

310 PROPERTY
property, except with regard to property utilized for the
personal use of the beneficiary;
3. one-half of the cost of judicial accounting, unless the
court orders otherwise;
4. the costs incurred to protect the rights of income
beneficiaries, unless the court orders otherwise;
5. one-half of the usual remuneration of the administrator
as well as of all reasonable expenses incurred in the
regular joint administration of capital and income;
6. income tax payable by the administrator;
7. expenses relating to putting the property up for lease.
539 The administrator may spread substantial expenses over
a reasonable period of time, by means of reserves or otherwise,
in order to maintain the income at a regular level.
540 The following are imputed to capital:
1. any expenses, allowances, costs and remuneration not
imputed to income under Article 538, including expenses
incidental to capital investment, expenses related
to putting property up for sale, and costs incurred to
protect the rights of the capital beneficiary and the right
of ownership of the property administered;
2. taxes on gains, profits and other amounts attributable to
capital, even if the law governing such taxes considers
them as taxes on income;
3. any succession tax or duty which affects the property
administered, even if the beneficiary of the income also
has rights in the capital.
541 The income beneficiary is entitled to the income from
the date determined in the act or, if no time is so determined,
from the beginning of the administration or, in the case of
succession, from the date of the death.