N.M. Stat. § 46-3A-504
Transfers from income to reimburse principal.
(a) If a trustee makes or expects to make a principal disbursement described in this
section, the trustee may transfer an appropriate amount from income to principal in one
or more accounting periods to reimburse principal or to provide a reserve for future
principal disbursements.
(b) Principal disbursements to which Subsection (a) applies include the following, but
only to the extent that the trustee has not been and does not expect to be reimbursed
by a third party:
(1)
an amount chargeable to income but paid from principal because it is
unusually large, including extraordinary repairs;
(2)
a capital improvement to a principal asset, whether in the form of changes
to an existing asset or the construction of a new asset, including special assessments;
(3)
disbursements made to prepare property for rental, including tenant
allowances, leasehold improvements and broker's commissions;
(4)
periodic payments on an obligation secured by a principal asset to the
extent that the amount transferred from income to principal for depreciation is less than
the periodic payments; and
(5)
disbursements described in Section 502(a)(7) [46-3A-502 NMSA 1978].
(c) If the asset whose ownership gives rise to the disbursements becomes subject to
a successive income interest after an income interest ends, a trustee may continue to
transfer amounts from income to principal as provided in Subsection (a).