Beruflich Dokumente
Kultur Dokumente
3
Internal
Revenue
Service Tax Guide Important Dates ..................................
Chapter
3
Methods ........................................ 10
Acknowledgment The valuable advice and assistance given us 4. Farm Income ................................ 14
each year by the National Farm Income Tax Extension Committee is
gratefully acknowledged. 5. Farm Business Expenses .......... 22
Introduction
You are in the business of farming if you cul-
tivate, operate, or manage a farm for profit,
either as owner or tenant. A farm includes
stock, dairy, poultry, fish, fruit, and truck
farms. It also includes plantations, ranches,
ranges, and orchards.
This publication explains how the federal
tax laws apply to farming. Use this publication
as a guide to figure your taxes and complete
your farm tax return. If you need more infor-
mation on a subject, get the specific IRS tax
publication covering that subject. We refer to
many of these free publications throughout
this publication. See chapter 21 for informa-
tion on ordering these publications.
The explanations and examples in this Averaging of farm income. For tax years tant changes, get Publication 553, Highlights
publication reflect the Internal Revenue Ser- beginning after 1997, individual farmers can of 1998 Tax Changes.
vice's interpretation of tax laws enacted by choose to average all or part of their taxable
Congress, Treasury regulations, and court farm income. See chapter 4. Payments to attorneys. The rule that attor-
decisions. However, the information given neys' fees of $600 or more must be reported
does not cover every situation and is not in- Child tax credit. You may be able to claim to the IRS on Form 1099–MISC has not
tended to replace the law or change its a tax credit of $400 for each of your qualifying changed. However, beginning in 1998, if you
meaning. This publication covers subjects children under the age of 17. See the in- made a payment to an attorney in the course
on which a court may have made a decision structions for Form 1040 or Form 1040A. of your farming business in connection with
more favorable to taxpayers than the inter- legal services and the attorney's fee cannot
pretation of the Service. Until these differing be determined, you must report the total
Excise tax on kerosene. Effective July 1,
interpretations are resolved by higher court amount paid to the attorney on Form
1998, the excise tax rules that apply to diesel
decisions, or in some other way, this publi- 1099–MISC. The exception for payments to
fuel generally apply to kerosene. This in-
cation will continue to present the interpreta- corporations does not apply to payments for
cludes the rule that only registered ultimate
tion of the Service. legal services. Those payments must be re-
vendors can claim a credit or refund for excise
taxes paid on diesel fuel or kerosene used ported on Form 1099–MISC, also. See the
The IRS Mission. Provide America's tax- on a farm for farming purposes. See chapter 1998 Instructions for Forms 1099, 1098,
payers top quality service by helping them 18. 5498, and W–2G.
understand and meet their tax responsibilities
and by applying the tax law with integrity and General business credit. The periods to Principal agricultural activity codes. The
fairness to all. which you carry any excess current year list of principal agricultural activity codes that
general business credit have been changed. you must use to identify your principal busi-
For a credit occurring in tax years beginning ness on line B of Schedule F (Form 1040) has
Comments and recommendations. In changed. The new codes have 6 digits. See
compiling this Farmer's Tax Guide, we have after 1997, the carryback period is reduced
to one year and the carryforward period is the new list on page 2 of Schedule F.
adopted a number of suggestions that read-
ers sent to us. We welcome your suggestions increased to 20 years. See chapter 9.
Self-employed health insurance de-
for future editions. duction. The part of your self-employed
Higher earned income credit. The maxi-
health insurance premiums that you can de-
Please send your comments and re- mum earned income credit has been in-
duct as an adjustment to income increased
commendations to us at the following creased to $3,756 for 1998. To claim the
to 45% for 1998. See chapter 5.
address: credit, you must have earned income (in-
cluding net earnings from self-employment)
Internal Revenue Service and modified adjusted gross income of less Simplified refund rules. The rules for
Technical Publications Branch than $30,095 and meet certain other require- claiming refunds of certain fuel taxes have
OP:FS:FP:P ments. For more information, including what been changed. See chapter 18.
1111 Constitution Avenue N.W. counts as earned income, see Publication
Washington, DC 20224 596, Earned Income Credit. Standard mileage rate. The standard mile-
age rate for the cost of operating your car,
Increased section 179 deduction. For van, pickup, or panel truck in 1998 is in-
1998, the total cost you can elect to deduct creased to 32.5 cents per mile for all business
We respond to many letters by telephone. miles. You can use the standard mileage rate
It would be helpful to include your area code under section 179 of the Internal Revenue
Code is increased to $18,500. See chapter for a vehicle you lease, as well as one you
and daytime phone number with your return own. See chapter 5.
address. 8.
Tax rates and maximum net earnings for
Kerosene for household use. You may
Farm tax classes. Many state Cooperative self-employment tax. The maximum net
claim a credit or refund for the excise tax you
Extension Services conduct farm tax work- self-employment earnings subject to the so-
paid on undyed kerosene you bought after
shops in conjunction with the IRS. Please cial security part (12.4%) of the self-
June 30, 1998, and used in your home for
contact your county extension office for more employment tax has increased to $68,400.
heating, lighting, or cooking. See chapter 18.
information. There is no maximum limit on earnings sub-
ject to the Medicare part (2.9%). See chapter
Limits on depreciation of business cars. 15.
The total section 179 deduction and depreci-
ation you can take on a car you use in your Welfare-to-work credit. You may be able to
Important Changes business and first place in service in 1998 is
$3,160. Special rules apply to certain clean-
claim the new welfare-to-work credit for cer-
tain individuals who begin working for you
for 1998 fuel vehicles. See chapter 8. after 1997. See Form 8861.
The following items highlight a number of Net operating loss (NOL) deduction. For
administrative and tax law changes for 1998. an NOL occurring in a tax year beginning after
They are discussed in more detail throughout August 5, 1997, the carryback period is re-
the publication. Changes are also discussed duced to 2 years and the carryforward period Important Changes
in Publication 553, Highlights of 1998 Tax
Changes.
is increased to 20 years. However, the
carryback period remains 3 years for the part
for 1999
of an NOL that: The following items highlight a number of
Abatement of interest on underpayments administrative and tax law changes for 1999.
in disaster areas. For individuals located in 1) Is from a casualty or theft, or More information on these and other changes
an area declared a disaster area by the can be found in Publication 553, Highlights
2) In the case of a farm business or other of 1998 Tax Changes.
President after 1997, the IRS will abate in- qualified small business, is attributable
terest on income tax for the length of any to a Presidentially declared disaster.
extension granted for filing income tax returns Business use of your home. Beginning in
and paying income tax for 1997 and 1998 tax See chapter 5. 1999, you may be able to deduct expenses
years. for your home office even if it is not where you
For other taxpayers located in an area As this publication was being pre- perform your most important business activ-
declared a disaster area by the President af-
ter 1997, the IRS will abate interest on income
! pared for print, legislation was being
CAUTION considered that would allow an NOL
ities or spend most of your business time. See
Publication 553.
tax for the length of any extension granted for attributable to a farming business to be car-
filing income tax returns and paying income ried back 5 years, effective for NOLs occur- Child tax credit. For 1999, you may be able
tax for tax years beginning after 1997. See ring in tax years beginning after 1997. For to claim a tax credit of $500 for each of your
chapter 13. more information about this and other impor- qualifying children under the age of 17.
Page 2
Employment tax deposits—$1,000 rule. If Change of address. If you change your gional Fairness Boards were established to
you accumulate a Form 943 tax liability of less home or business address, you should use receive comments from small business about
than $1,000 for wages paid after 1998, no Form 8822, Change of Address, to notify IRS. federal agency enforcement actions. The
deposits are required and this liability may be Be sure to include your suite, room, or other Ombudsman will annually evaluate the
paid with Form 943. However, if you are un- unit number. Send the form to the Internal enforcement activities and rate each agency's
sure that you will accumulate less than Revenue Service Center for your old address. responsiveness to small business. If you wish
$1,000, you should deposit according to the to comment on the enforcement actions of the
appropriate deposit rules so that you will not Written tax questions. You can send written IRS, call 1–888–734–3247.
be subject to deposit penalties. See chapter tax questions to your local district director.
16. You should get an answer in about 30 days. Publication on employer identification
Call 1–800–829–1040 if you need the ad- numbers (EIN). Publication 1635, Under-
Increased section 179 deduction. For dress. standing Your EIN, provides general infor-
1999, the total cost you can elect to deduct mation on employer identification numbers.
under section 179 of the Internal Revenue IRS e-file (electronic filing). You can file Topics include how to apply for an EIN and
Code is increased to $19,000. See chapter your tax returns electronically using an IRS how to complete Form SS–4.
8. e-file option. These options offer faster re-
funds, increased accuracy, acknowledgement Form W–4 for 1999. You should make new
Shorter recovery periods for certain prop- of IRS receipt, and the ability to pay elec- Forms W–4 available to your employees and
erty. You can use a shorter (GDS) recovery tronically. You can use one of the following encourage them to check their income tax
period for 3-, 5-, 7-, and 10-year class prop- IRS e-file options. withholding for 1999. Those employees who
erty placed in service after December 31, owed a large amount of tax or received a
1998, that you choose to depreciate using the 1) Use an authorized IRS e-file provider. large refund for 1998 may need to file a new
150% declining balance rate. See chapter 8. 2) Use a personal computer. Form W–4. See chapter 16.
Tax rates and maximum net earnings for 3) Visit a VITA/TCE site. Earned income credit. You, as an em-
self-employment tax. For 1999, the maxi- 4) Use an employer or financial institution. ployer, must notify employees who worked for
mum net self-employment earnings subject to you and from whom you did not withhold in-
the social security part of the self-employment For details on these fast filing methods, see come tax about the earned income credit.
tax will be published in Publications 533 and your income tax package. See chapter 16.
553. There is no maximum limit on earnings
subject to the Medicare part. Overdue tax bill. If you receive a bill for Form 1099–MISC. File Form 1099–MISC if
overdue taxes, do not ignore the tax bill. If you you pay at least $600 in rents, services, and
Wage limits for social security and Medi- owe the tax shown on the bill, you should other income payments in your farming busi-
care taxes. The maximum wages subject to make arrangements to pay it. If you believe ness to an individual (for example, an attor-
the social security tax for 1999 will be pub- it is incorrect, contact the IRS immediately to ney or veterinarian) who is not your em-
lished in Publication 51 (Circular A). There is suspend action until the mistake is corrected. ployee.
no wage base limit for wages subject to the See Publication 594, Understanding the Col-
Medicare tax. lection Process, for more information. Children employed by parents. Wages you
pay to your children age 18 and older for
Help with unresolved tax issues. Most services in your trade or business are subject
problems can be solved with one contact by to social security and Medicare taxes. See
Important Reminders calling, writing, or visiting an IRS office. But
if you have tried unsuccessfully to resolve a
chapter 16.
The following reminders and other items may problem with the IRS, you should contact the
help you file your tax return. Farmers and crew leaders must withhold
Taxpayer Advocate's Problem Resolution income tax. Farmers and crew leaders must
Program (PRP). Someone at PRP will assign withhold federal income tax from farm work-
Principal agricultural activity codes. You you a personal advocate who is in the best ers who are subject to social security and
must enter on line B of Schedule F (Form position to try to resolve your problem. The Medicare taxes. See chapter 16.
1040) a code that identifies your principal Taxpayer Advocate can also offer you special
agricultural activity. It is important to use the help if you have a significant hardship as a
correct code, since this information will iden- Social security tests for hand-harvest la-
result of a tax problem. borers. If you pay hand-harvest laborers less
tify market segments of the public for IRS You should contact the Taxpayer Advo-
Taxpayer Education programs. The U.S. than $150 in annual cash wages, the wages
cate if: are not subject to social security and Medi-
Census Bureau also uses this information for
its economic census. See the list of Principal care taxes, even if you pay $2,500 or more
• You have tried unsuccessfully to resolve to all your farm workers. The hand-harvest
Agricultural Activity Codes on page 2 of your problem with the IRS and have not
Schedule F. laborer must meet certain tests. See chapter
been contacted by the date promised, or 16.
Voluntary withholding. You can request • You are on your second attempt to re-
income tax withholding from the following solve a problem.
payments on Form W–4V, Voluntary With-
holding Request.
You may contact a Taxpayer Advocate by
calling a new assistance number, 1–877– Important Dates
777–4778. Persons who have access to You should take the action indicated on or
1) Commodity Credit Corporation (CCC)
TTY/TDD equipment can call 1–800–829– before the dates listed. Saturdays, Sundays,
loans.
4059 and ask for the Taxpayer Advocate. If and legal holidays have been taken into ac-
2) Certain crop disaster payments received you prefer, you can write to the Taxpayer count, but statewide holidays have not. A
under the Agricultural Act of 1949 or title Advocate at the office that last contacted you. statewide legal holiday delays a due date only
II of the Disaster Assistance Act of 1988. While Taxpayer Advocates cannot change if the IRS office where you are required to file
the tax law or make a technical tax decision, is located in that state.
3) Unemployment compensation. they can clear up problems that resulted from Due dates for deposits of withheld income
4) Certain other government payments. previous contacts and ensure that your case taxes, social security taxes, and Medicare
is given a complete and impartial review. taxes are not listed here. For these dates,
See chapter 4 for information on CCC Taxpayer Advocates are working to put ser- see Publication 509, Tax Calendars for 1999.
loans and disaster relief payments. vice first. For more information about PRP,
get Publication 1546, The Problem Resolution
Direct deposit of refund. If you are due a Program of the Internal Revenue Service. Fiscal year taxpayers. Generally, the due
refund on your tax return, you can have it dates listed apply, whether you use a calen-
deposited directly into your account at a bank Comments on IRS enforcement actions. dar or a fiscal year. However, if you have a
or other financial institution. See your income The Small Business and Agricultural Regula- fiscal year, refer to Publication 509 for certain
tax package for details. tory Enforcement Ombudsman and 10 Re- exceptions that may apply to you.
Page 3
paid your 1998 estimated tax by January Farm Financial Standards Council
15, 1999. 1163 E. Ogden Ave., Suite 103–051
1999—Calendar Year Naperville, IL 60563-8529
March 15
During January
Corporations. File a 1998 calendar year in-
Employers. Give your agricultural employ- come tax return, (Form 1120 or 1120–A)
ees their copies of Form W–2 for 1998 as and pay any tax due. For more informa- Topics
soon as possible. The due date is Febru- tion, see Paying and Filing Income Taxes This chapter discusses:
ary 1, 1999. Copy A of Form W–2 must in Publication 542, Corporations.
be filed by March 1, 1999. • Why you should keep records
Introduction Yes
Limited Liability
change for capital stock in the corporation.
If money is exchanged for stock, no gain
Introduction
or loss is realized by the shareholder or cor- Each taxpayer (business or individual) must
Company (LLC) poration. The stock received by the share- figure taxable income on an annual account-
holder has a basis equal to the money trans- ing period called a tax year. Also, each tax-
An LLC is an entity formed under state law
ferred to the corporation by the shareholder. payer must use a consistent accounting
by filing articles of organization as an LLC.
If property is exchanged for stock, it may method that accurately accounts for income
None of the members of an LLC are per-
be either a taxable or nontaxable exchange. and expenses. For more detailed information,
sonally liable for its debts.
such as how to change an accounting period
An LLC can be classified as either a part-
Form 1120. Corporations file Form 1120 or or method, see Publication 538, Accounting
nership or a corporation for federal income
tax purposes. See Corporation, later, for the Form 1120–A. A corporation must file an in- Periods and Methods.
rules you must use to determine whether an come tax return unless it has dissolved. This
LLC is treated as a corporation. If an LLC is applies even if it ceased doing business and Topics
not treated as a corporation, and has 2 or disposed of all its assets except for a small This chapter discusses:
more members, it is treated as a partnership. sum of cash retained to pay state taxes to
Depending on its classification, an LLC keep its corporate charter. • Calendar tax year
would file either Form 1065 or Form 1120. • Fiscal tax year
However, if an LLC has a single owner it More information. For more information on
would file Schedule C or C–EZ (Form 1040). corporations, see Publication 542. • Cash method of accounting
If an LLC is treated as a partnership, see • Accrual method of accounting
Publication 541 for information on partner-
ships. If it is treated as a corporation, see
Publication 542 for information on corpo-
rations.
S Corporation Useful Items
A qualifying corporation can choose to have You may want to see:
its income taxed to the shareholders rather
than to the corporation itself, except as noted Publication
below under Taxes. Its shareholders will then
Corporation include in income their share of the corpo- m 538 Accounting Periods and Methods
The rules you must use to determine whether ration's nonseparately stated income or loss
your business is taxed as a corporation and separately stated items of income, de-
Page 10 Chapter 3 Accounting Periods and Methods
Form (and Instructions) you get IRS approval. The crop method is year from the sale of livestock, poultry,
discussed later. Getting IRS approval to vegetables, fruits, etc., that you raised.
m 1128 Application to Adopt, Change, or change an accounting method is discussed
Retain a Tax Year 2) Your profit from the sale of any livestock
later in Change in Accounting Method.
or other items purchased.
m 3115 Application for Change in Ac- You can use any of the following ac-
counting Method counting methods. a) To find your profit, deduct the cost
or other basis of the property, plus
See chapter 21 for information about get- 1) Cash method. selling expenses, from the sale
ting this publication and the forms. proceeds.
2) An accrual method.
b) You generally cannot deduct the
3) Special methods for certain items of in-
cost of items purchased for resale
come and expenses.
in the year paid unless the payment
Accounting Periods 4) Combination (hybrid) method using ele- and sale occur in the same year.
A “tax year” is an annual accounting period ments of two or more of the above. However, see chapter 5 for infor-
for keeping records and reporting income and mation on when to deduct the cost
expenses. The tax years you can use are: If you have two or more separate and of chickens, seeds, and young
distinct trades or businesses, you can use a plants.
1) A calendar year. different accounting method for each busi-
3) Breeding fees, fees from the rent or
ness if you keep a complete and separate set
2) A fiscal year. lease of animals, machinery, or land, and
of books and records for each business.
other incidental farm income.
You adopt a tax year when you file your first
income tax return. You must adopt your first 4) All subsidy and conservation payments
tax year by the due date (not including ex-
Cash Method you receive that are considered income.
tensions) for filing a return for that year. Most farmers use the cash method because 5) Your gross income from all other
they find it easier to keep cash method rec- sources.
Calendar year. If you adopt the calendar ords. Certain farm corporations and partner-
year as your tax year, you must maintain your ships, or any tax shelter, cannot use the cash Crop insurance proceeds can be reported
books and records and report your income method. See Accrual Method, later. in income in the year following the year of loss
and expenses from January 1 through De- under certain conditions. See Crop Insurance
cember 31 of each year. Income and Disaster Payments in chapter 4.
If you file your first return using the cal- Under the cash method, you include all items
endar year and you later begin business as of income you actually or constructively re- Expenses
a farmer, become a partner in a partnership, ceived during the year in gross income for You deduct farm business expenses only in
or become a shareholder in an S corporation, that year. If you receive property or services, the tax year you pay them. This can include
you must continue to use the calendar year you must include their fair market value in farm business expenses for which you con-
unless you get IRS approval to change it. You income. test the liability. (See, Contested liabilities,
must report your income from all sources, in- later.) However, you cannot deduct certain
cluding dividends, farm, salary, and partner- prepaid expenses for supplies until they are
Constructive receipt. Income is construc-
ship, using the same tax year. actually used or consumed. In addition, you
tively received when an amount is credited to
Generally, anyone can adopt the calendar can be required to capitalize certain costs.
your account or made available to you without
year. However, if any of the following apply, You cannot use an inventory method to figure
restriction. You need not have possession
you are required to adopt the calendar year. income on the cash method or deduct certain
of it. The receipt of a check is constructive
receipt of money, even if you do not deposit prepayments. For more information on pre-
1) You do not keep adequate records. paid supplies, interest, and other expenses,
or cash it in the tax year you receive it. An
2) You have no annual accounting period. amount credited to your account at a bank, see chapter 5.
store, grain elevator, etc., is constructively
3) Your present tax year does not qualify
received in the year it is credited.
as a fiscal year.
Installment sale. If you sell an item under
Accrual Method
a deferred payment contract that calls for Under an accrual method of accounting, you
Fiscal year. A fiscal year is 12 consecutive payment the following year, there is no con- generally report income in the year earned
months ending on the last day of any month structive receipt in the year of sale. However, and deduct or capitalize expenses in the year
except December. A fiscal year also includes see the following Example for an exception incurred. If you use an accrual method of ac-
a tax year that varies from 52-53 weeks. If to this rule. counting, you must use an inventory method
you adopt a fiscal year, you must maintain to figure your gross income. The purpose of
your books and records and report your in- Example. You are a farmer who uses the this method of accounting is to match income
come and expenses using the same tax year. cash method and a calendar year. You sell and expenses in the correct year.
grain in December 1998 under a bona fide
Partnership or S corporation. Special re- arm's-length contract that calls for payment Income
strictions apply to the tax year that a partner- in 1999. You include the sale proceeds in
ship, an S corporation, or a personal service You generally include an amount as income
your 1999 gross income since that is the year
corporation can adopt. See Partnerships, S for the tax year in which all events have oc-
payment is received. However, if the contract
Corporations, and Personal Service Corpo- curred that fix your right to receive the income
says you have the right to the proceeds from
rations in Publication 538. and you can determine the amount with rea-
the buyer at any time after the grain is deliv-
sonable accuracy.
ered, you must include the sale price in your
1998 income, regardless of when you actually
receive payment. Items to include in income. You figure
gross income using increases and decreases
Accounting Methods Alternative minimum tax. When figuring in inventory values of livestock, produce,
An accounting method is a set of rules used the alternative minimum tax, a cash basis feed, etc., between the beginning of the year
to determine when and how income and ex- farmer who sells farm property under the in- and the end of the year. A complete inventory
penses are reported. The term “accounting stallment method can also use that method of these items is required for reporting income
method” includes not only the overall method to figure his or her alternative minimum taxa- on an accrual method. For more information
of accounting you use, but also the method ble income for the year. See the instructions on an inventory, see Farm Inventory, later.
of accounting you use for any material item. for Form 6251. Do the following to figure gross income
You must file your tax return using the same on an accrual method.
method you use for your tax records. Items to include in income. Your gross in- 1) Add the following items.
You choose your accounting method come for the tax year includes the following.
when you file your first tax return. However, a) The sales price of all livestock and
you cannot use the crop method for any tax 1) Cash and the value of merchandise or other products, such as milk, held
return, including your first tax return, unless other property you receive during the tax for sale and sold during the year.
Chapter 3 Accounting Periods and Methods Page 11
b) Inventory value of livestock and Economic performance for Jane's liability of the total combined voting power
products on hand and not sold at in the contract occurs as the property and of all classes of stock entitled to
the end of the year. services are provided. Jane incurs the vote and at least 65% of the total
$200,000 cost in the year 2000. shares of all other classes of stock
c) Miscellaneous items of income you of the corporation.
earn during the year, such as
breeding fees, fees from renting or Accrual Method Required c) Members of three families owned,
leasing animals, machinery, or land, A C corporation or a partnership with a C directly or indirectly, on October 4,
or other incidental farm income. corporation partner must use an accrual 1976, and since then, at least 50%
method of accounting. (This rule does not of the total combined voting power
d) Subsidy or conservation payments of all classes of stock entitled to
apply to S corporations.) See section 448(a)
you receive that are considered in- vote and at least 50% of the total
of the Internal Revenue Code.
come. shares of all other classes of stock
e) Your gross income from all other Tax shelter. A tax shelter farm business is of the corporation. Also, substan-
sources. also required to use an accrual method of tially all of the remaining stock must
accounting unless it is excepted from the rule be owned by:
2) Then subtract the total of the following. described later in Accrual Method Not Re- i) Corporate employees,
a) Inventory value of the livestock and quired.
products you had on hand and not A farm business is a tax shelter if it is a ii) Their family members, or
sold at the beginning of the year. partnership, noncorporate enterprise, or S
corporation and: iii) A tax-exempt employees' trust
b) Cost of any livestock or products for the benefit of the corpo-
you purchased during the year, in- 1) Avoidance or evasion of federal income ration's employees.
cluding livestock held for draft, tax is the principal purpose of the entity,
dairy, or breeding purposes if they or A corporation (other than an S cor-
are included in inventory.
2) It is a farming syndicate. An entity is a
! poration) that is also engaged in a
CAUTION nonfarming business activity cannot
farming syndicate if: use the cash method for the nonfarming ac-
Expenses tivity if its average annual gross receipts for
a) Interests in the activity have ever
You generally deduct or capitalize an ex- been offered for sale in any offering the 3 prior tax years are more than $5 million.
pense in the tax year when all the following required to be registered with any For this purpose, “farming business” does not
apply. federal or state agency with the include processing commodities or products
authority to regulate the offering of beyond those activities normally incident to
1) The all-events test has been met: the growing, raising, or harvesting of the
securities for sale, or
a) All events have occurred that fix the product. For example, processing grain to
b) More than 35% of the losses during produce bread and cereal to sell is not a
fact of liability, and the tax year are allocable to limited farming business.
b) The liability can be determined with partners or limited entrepreneurs.
reasonable accuracy. i) A “limited partner” is one Contested liabilities. If you use the cash
2) Economic performance has occurred. whose personal liability for method of accounting and contest an as-
partnership debts is limited to serted liability for any of your farm business
You generally cannot deduct or capitalize the money or other property expenses, you may claim the deduction only
farm business expenses until economic per- the partner contributed or is in the year you pay the liability. If you are an
formance occurs. If your expense is for prop- required to contribute to the accrual method taxpayer, however, you can
erty or services provided to you, or for your partnership. deduct the expense either in the year you pay
use of property, economic performance oc- the contested liability (or transfer money or
ii) A “limited entrepreneur” is a other property in satisfaction of it) or in the
curs as the property or services are provided
person who has an interest in year you finally settle the contest. However,
or the property is used. If your expense is for
an enterprise other than as a to be able to take the deduction in the year
property or services that you provide to oth-
limited partner and does not of payment or transfer, you must meet certain
ers, economic performance occurs as you
actively participate in the conditions. For more information, see Con-
provide the property or services. See Eco-
management of the enterprise. tested Liability under Accrual Method in Pub-
nomic Performance under Accrual Method in
Publication 538 for more information. lication 538.
Accrual Method Not Required
Example 1. John is a farmer who uses The following entities engaged in farming can Farm Inventory
a calendar year and an accrual method of generally use the cash method of accounting.
accounting. In December 1998 John buys You should keep a complete record of your
supplies for $200 that are not acquired for inventory as part of your farm records. This
1) An S corporation.
resale and that do not become a physical part record should show the actual count or
of any items held for sale. He receives the 2) A corporation whose gross receipts for measurement of the inventory. It should also
supplies and the bill in December 1998, each tax year are $1 million or less. show all factors that enter into its valuation,
however, he pays the bill in January 1999. including quality and weight if they are re-
3) A corporation, or partnership with cor- quired.
John can deduct the expense in 1998 be- porate partners, whose trade or business
cause all events occurred to fix the liability is operating a nursery or sod farm or
(the supplies were received but not paid for), raising or harvesting trees, other than Items to include in inventory. Your inven-
the liability can be determined (the unpaid bill fruit and nut trees. tory should include all items held for sale or
was for $200), and economic performance use as feed, seed, etc., whether raised or
occurred in 1998 (the supplies were provided 4) A family farm corporation whose an- purchased, that are unsold at the end of the
to John in December 1998). nual gross receipts for each tax year year.
beginning after 1985 are $25 million or Hatchery business. If you are in the
Example 2. Jane is a farmer who uses less and it qualifies as one of the fol- hatchery business, you must include eggs in
a calendar tax year and an accrual method lowing corporations in which: the process of incubation.
of accounting. She enters into a turnkey con- Products held for sale. All harvested
a) Members of the same family own
tract with Waterworks in 1998. The contract and purchased farm products held for sale
at least 50% of the total combined
states that Jane must pay Waterworks or for feed or seed, such as grain, hay, silage,
voting power of all classes of stock
$200,000 in December 1998 and that they concentrates, cotton, tobacco, etc., must be
entitled to vote and at least 50% of
will install a complete irrigation system, in- included.
the total shares of all other classes
cluding a new well, by the close of the year Supplies. You must inventory supplies
of stock of the corporation.
2000. She pays Waterworks $200,000 in De- acquired for sale or that become a physical
cember 1998, they start the installation in May b) Members of two families owned, part of items held for sale. Do not include
2000, and they complete the irrigation system directly or indirectly, on October 4, other supplies in inventory. Deduct the cost
in December 2000. 1976, and since then, at least 65% of the other supplies in the year used or
Page 12 Chapter 3 Accounting Periods and Methods
consumed in operations. You can also deduct Do not include sold or lost animals in the Other special methods. Methods of ac-
incidental supplies in the year of purchase. year-end inventory. If your records do not counting for depreciation, amortization, and
Fur-bearing animals. If you are in the show which animals were sold or lost, treat depletion are explained in chapter 8. Ac-
business of breeding and raising chinchillas, the first animals acquired as sold or lost. The counting for an installment sale is explained
mink, foxes, or other fur-bearing animals, you animals on hand at the end of the year are in chapter 12.
are a farmer and these animals are livestock. considered the most recently acquired.
You can use any of the inventory and ac- You must include in inventory all livestock
counting methods discussed in this chapter. purchased primarily for sale. You can include Combination (Hybrid)
Growing crops. You are generally not in inventory livestock purchased for draft, Method
required to inventory growing crops. How- breeding, dairy, or sporting purposes or treat
You can generally use any combination of
ever, if the crop has a preproductive period them as depreciable assets. However, you
cash, accrual, and special methods of ac-
of more than 2 years, you may have to capi- must be consistent from year to year, re-
counting if it clearly shows your income and
talize or include in inventory costs associated gardless of the practice you have chosen.
expenses and you use it consistently. How-
with the crop. You cannot take a current de- You cannot change your practice unless you
ever, the following restrictions apply:
duction for costs incurred during the prepro- get IRS approval.
ductive period. See Uniform Capitalization You must inventory animals purchased 1) If an inventory is necessary to account
Rules in chapter 7. after maturity or capitalize them at their pur- for income, you must use an accrual
chase price. If the animals are not mature at method for purchases and sales. You
purchase, increase the cost at the end of can use the cash method for all other
Required to use accrual method. If you are
each tax year according to the established items of income and expense. See Farm
required to use an accrual method of ac-
unit price. However, in the year of purchase, Inventory, earlier.
counting:
do not increase the cost of any animal pur-
chased during the last six months of the year. 2) If you use the cash method for figuring
1) The uniform capitalization rules apply to This rule does not apply to tax shelters, which income, you must use the cash method
all costs of raising a plant, even if the must make an adjustment for any animal for reporting your expenses.
preproductive period of raising a plant is purchased during the year.
2 years or less. 3) If you use an accrual method for figuring
Uniform capitalization rules. A farmer income, you must use an accrual method
2) All animals are subject to the uniform can determine costs required to be allocated for reporting your expenses.
capitalization rules, regardless of age or under the uniform capitalization rules by using
whether held primarily for slaughter. the farm-price or unit-livestock-price inventory Any combination that uses the cash method
method. This applies to any plant or animal, is treated as the cash method.
even if the farmer does not hold or treat the
Inventory valuation methods. You can plant or animal as inventory property.
generally use the following methods to value Change in
your inventory:
Cash Versus Accrual Accounting Method
1) Cost. When you file your first return you can choose
Method any permitted accounting method except the
2) Lower of cost or market. The following examples compare the cash crop method, discussed earlier, without IRS
and accrual methods of accounting. approval. The method must clearly show your
3) Farm-price method. income and be used consistently from year
Example 1. You are a farmer who uses to year. If you want to change your accounting
4) Unit-livestock-price method for livestock. an accrual method of accounting. You keep method after that, you must get IRS approval
your books on the calendar year basis. You unless you qualify under one of the ex-
Cost and lower of cost or market sell grain in December 1998, but you are not ceptions described next under Approval not
methods. See Publication 538 for informa- paid until January 1999. You must include required.
tion on these valuation methods. both the sale proceeds and your costs in- A change in your accounting method in-
Farm-price method. Under this method, curred in producing the grain on your 1998 tax cludes a change in:
each item, whether raised or purchased, is return. Under an accrual method of ac-
valued at its market price less the direct cost counting, you report your profit or loss for the 1) Your overall method, such as from cash
of disposition. Market price is the current year in which all events occurred that fix your to an accrual method or vice versa, and
price at the nearest market in the quantities right to receive income from the transaction
you usually sell. Cost of disposition includes 2) Your treatment of any material item,
and you can determine your profit or loss with such as a change in your method of
any broker's commission, freight, hauling to reasonable accuracy.
market, and other marketing costs. valuing inventory (for example, a change
If you use this method, you must use it for Example 2. Assume the facts in Example from the “farm-price method” to the
your entire inventory, except that livestock 1 except that you use the cash method and “unit-livestock-price method”).
can be inventoried on the unit-livestock-price there was no constructive receipt of the sale
method. proceeds in 1998. Under this method, you Approval not required. You do not need
Unit-livestock-price method. This include the sale proceeds in income for 1999, IRS approval to change your accounting
method recognizes the difficulty of establish- the year you receive payment. You deduct the method in the following situations.
ing the exact costs of producing and raising cost of producing the grain in the year you 1) You value livestock inventory at cost or
each animal. You group or classify livestock pay it. the lower of cost or market and you
according to type and age and use a standard
change to the unit-livestock-price
unit price for each animal within a class or
method.
group. The unit price you assign should rea- Special Methods
sonably approximate the normal costs in- 2) You are a family farm corporation,
curred in producing the animals in such
of Accounting described earlier under Accrual Method
classes. Unit prices and classifications are There are special methods of accounting for Not Required, and you must change to
subject to approval by the IRS on examination certain items of income and expense. an accrual method because your annual
of your return. You cannot change them gross receipts are more than $25 million.
without IRS approval. Crop method. If you do not harvest and However, for tax years ending before
If you use this method, you must include dispose of your crop in the same tax year you June 9, 1997, you must establish a sus-
all raised livestock in inventory, regardless of plant it, you can, with IRS approval, use the pense account to reduce the section
whether they are held for sale or for draft, crop method of accounting. Under this 481(a) adjustments you must include in
breeding, dairy, or sporting purposes. This method, you deduct the entire cost of income. In addition, you must ratably
method accounts only for the increase in cost producing the crop, including the expense of phaseout any existing suspense account
of raising an animal to maturity. It does not seed or young plants, in the year you realize over a 20-year period beginning with the
provide for any decrease in the animal's income from the crop. first tax year after June 8, 1997. For tax
market value after it reaches maturity. Also, You cannot use this method for timber or years ending after June 8, 1997, you can
if you raise cattle, you are not required to in- any commodity subject to the uniform cap- no longer establish a suspense account
ventory hay you grow to feed your herd. italization rules. to defer reporting the income that results
Chapter 3 Accounting Periods and Methods Page 13
from the change in method of account- farm income. See Farm Income Averaging, m 1099–G Certain Government Payments
ing. Rather, you must spread the income later.
m 1099–PATR Taxable Distributions
adjustment caused by the change in ac-
counting method over a period of 10 Received From Cooperatives
years beginning with the year of change. m 4797 Sales of Business Property
See sections 447(i)(5) and 447(f)(3) of Introduction m 4835 Farm Rental Income and
the Internal Revenue Code for more in- You may receive income from many sources.
formation. Expenses
You must report the income on your tax re-
turn, unless it is excluded by law. Where you See chapter 21 for information about get-
Approval required. You need IRS approval report the income depends on its source. ting publications and forms.
to change your accounting method before you This chapter discusses farm income you
can do the following. report on Schedule F. For information on
where to report other income, see the in-
1) Change from cash to an accrual method
or vice versa.
structions for Form 1040. Farm Income
2) Change the method or basis used to Accounting method. The rules discussed Averaging
value inventory. in this chapter assume you use the cash For tax years beginning after 1997, farmers
method of accounting. Under the cash who are individuals can choose to average
3) Adopt any specialized method of com- method, you include an item of income in
puting net income, such as the crop all or part of their taxable “farm income” over
gross income when you receive it. However, 3 years. If you make this choice, complete
method, or change the use of a special- you may be considered to have received in-
ized method. Schedule J (Form 1040), Farm Income Aver-
come not yet in your possession. See Con- aging, to figure your tax and attach it to your
4) Transfer draft, dairy, or breeding animals structive receipt under Cash Method in chap- Form 1040.
from inventory to a fixed asset account. ter 3.
If you use an accrual method of account-
5) Change from reporting loan proceeds Farm income. For averaging, farm income
ing, you may have to make changes to the
from the Commodity Credit Corporation is income from the trade or business of
rules in this chapter. See Accrual Method in
(CCC) as income in the year received to farming. It also includes income from the sale
chapter 3.
reporting the proceeds as income in the or disposition of property, other than land,
year of sale. regularly used for a substantial period in a
Advance payments. If you receive advance farming business. A farming business in-
payments (other than a Commodity Credit cludes operating a nursery or sod farm and
Form 3115. Generally, you must file a
Corporation (CCC) loan) for property or ser- raising or harvesting ornamental trees or
current Form 3115 to get IRS approval to
vices, you must include the payments in in- trees bearing fruit, nuts, or other crops.
change your accounting method. You must
come in the year you receive them. If you See Publication 553, Highlights of 1998
file the form as early as possible during the
receive an additional amount later, include it Tax Changes, for more information about
tax year for which you request the change
in income in the year you receive it. farm income averaging.
and you must furnish the applicable informa-
You may have to include CCC loans in
tion requested on the form. You are required
income in the year you receive them. See
to send a user fee with the form. However,
Commodity Credit Corporation (CCC) Loans
no user fee is required for an automatic
later.
change (IRS approval not required). See
Form 3115 instructions and Revenue Proce-
Schedule F
dure 97–27, 1997–1 C.B. 680, Revenue Pro- Topics Report your farm income on Schedule F
cedure 97–37, 1997–33 I.R.B. 18, and Publi- This chapter discusses: (Form 1040). Use this schedule to figure the
cation 538 for more information. net profit or loss from regular farming oper-
If you want to change your method of re- • Farm Income Averaging ations.
porting CCC loans, you must request IRS • Schedule F Income from farming reported on Sched-
approval during the first 180 days of the tax ule F includes amounts you receive from cul-
year. See Revenue Procedure 83–77, • Sales of livestock and produce tivating, operating, or managing a farm for
1983–2 C.B. 594 and Commodity Credit • Rents (including crop shares) profit, either as owner or tenant. This includes
Corporation (CCC) Loans in chapter 4 for in- income from operating a stock, dairy, poultry,
formation. • Agricultural program payments fish, fruit, or truck farm and income from op-
Extension of time to file Form 3115. • Income from cooperatives erating a plantation, ranch, range, or orchard.
The IRS will grant you an extension only in It also includes income you receive as crop
• Cancellation of debt shares if you materially participate in produc-
unusual and compelling circumstances. See
Revenue Procedures 97–27, 98–1, 1998–1 • Income from other sources ing the crop. See Landlord Participation in
C.B. 7, 51, and section 301.9100–3T(c)(2)(i) Farming in chapter 15.
of the Internal Revenue Code for more infor- Income reported on Schedule F does not
mation. A separate user fee is required for Useful Items include gains or losses from sales of the fol-
requesting extensions. You may want to see: lowing.
Crop shares you use to feed livestock. Refunds of malting barley assessments. Example. Sam Brown is a milk producer.
Crop shares you receive as a landlord and A farmer who participates in the malting He uses the cash method of accounting and
feed to your livestock are considered con- barley production program of the Commodity files his tax return on a calendar year basis.
verted to money when fed to the livestock. Credit Corporation (CCC) receives a barley The marketing of Sam's milk is subject to re-
You must include the fair market value of the subsidy benefit and pays a malting barley ductions in price. In 1998, Sam had gross
crop shares in income at that time. You are assessment. The barley subsidy benefit is receipts of $200,000 from milk sales and had
entitled to a business expense deduction for reported to the farmer and to the IRS on Form $3,000 withheld as reductions in price. Sam
the livestock feed in the same amount and CCC–1099–G, Certain Government Pay- proved that his 1998 milk marketing was not
at the same time you include the fair market ments. If the farmer does not sell the barley more than his 1997 marketing. In 1999, Sam
value of the crop share as rental income. Al- for malting purposes, the farmer is eligible to received a $3,000 refund from the CCC of the
though these two transactions would cancel receive a refund of the malting barley as- 1999 reductions in price. Sam receives a
each other for figuring adjusted gross income sessment. If the farmer receives the refund in 1999 Form CCC–1099–G for the refund
on Form 1040, they may be necessary to a year after the assessment was paid, how showing a Milk Marketing Fee of $3,000.
figure your self-employment tax. See chapter the farmer reports the refund depends on Reductions claimed as an expense. For
15. whether the farmer claimed the assessment 1998, Sam reported $200,000 farm income
as an expense in the year it was paid. The from milk sales. He claimed the $3,000 re-
Crop shares you give to others (gift). Crop following example shows how to report re- ductions in price as a farm expense in Part II
shares you receive as a landlord and give to funds of malting barley assessments. of his 1998 Schedule F (Form 1040). Sam
others are considered converted to money received a tax benefit from the deduction be-
when you make the gift. You must report the Example. Lee White is a farmer. He uses the cause it reduced his 1998 tax liability. Sam
fair market value of the crop share as income, cash method of accounting and files his tax includes the $3,000 refund (milk marketing
even though someone else receives payment return on a calendar year basis. He partic- fee) as income in Part I of his 1999 Schedule
for the crop share. ipated in the malting barley production pro- F (Form 1040).
gram and received a $2,850 payment from Reductions not claimed as an expense.
Example. A tenant farmed part of your the CCC in 1998. The payment is Lee's
land under a crop-share arrangement. The For 1998, Sam reported milk sales income
$3,000 barley subsidy benefit less the malting of $200,000, but did not claim the reductions
tenant harvested and delivered the crop in barley assessment ($150) he had to pay for
your name to an elevator company. Before in price for his milk as an expense. Because
the barley produced. Lee received a Form Sam received no tax benefit from the re-
selling any of the crop, you instructed the el- CCC–1099–G for 1998 showing the $3,000
evator company to cancel your warehouse ductions in price in 1998, he does not include
barley subsidy benefit. In 1999, Lee proved the refund (milk marketing fee) on his 1999
receipt and make out new warehouse receipts that he did not sell the barley for malting
in equal amounts of the crop in the names of Schedule F (Form 1040). He includes the
purposes and received a refund of the $150 $3,000 refund on line 6a of Schedule F, but
your children. They sell their crop shares in malting barley assessment. He receives a
the following year and the elevator company does not include it as a taxable amount on
1999 Form CCC–1099–G for the refund line 6b.
makes payments directly to your children. showing a Barley Assessment Deficiency of
In this situation, you are considered to $150.
have received rental income and then made Assessment claimed as an expense.
a gift of that income. You must include the fair For 1998, Lee reported $3,000 farm income
Commodity Credit
market value of the crop shares in your in- from the barley subsidy benefit and an ex- Corporation (CCC) Loans
come for the tax year you gave the crop pense of $150 from the malting barley as- Normally, you report income from a crop for
shares to your children. sessment. He claimed the $150 assessment the year you sell it. However, if you pledge
as a farm expense in Part II of his 1998 part or all of your production to secure a CCC
Crop share loss. If you are involved in a Schedule F (Form 1040). Lee received a tax loan, you can choose to report the loan pro-
rental or crop-share lease arrangement, any benefit from the deduction because it reduced ceeds as income for the year you receive
loss from these activities may be subject to his 1998 tax liability. Lee includes the $150 them, rather than for the year of sale. You do
the limits under the passive loss rules. See refund (barley assessment deficiency) as in- not need permission from the IRS to adopt
Publication 925 for information on these rules. come in Part I of his 1999 Schedule F (Form this method of reporting CCC loans, even
1040). though you may have reported those received
Assessment not claimed as an ex- in earlier years as taxable income for the year
pense. For 1998, Lee reported the $3,000 you sold the crop.
Agricultural Program barley subsidy benefit as income, but did not Once you report a CCC loan as income
claim the $150 assessment as an expense. for the year received, you must report all CCC
Payments Because Lee received no tax benefit from the loans in later years in the same way, unless
You must include most government pay- payment of the assessment in 1998, he does you get permission from the IRS to change
ments, such as those for approved conser- not include the refund (barley assessment to a different method. See Change in Ac-
vation practices and production flexibility deficiency) as income. He includes the $150 counting Method in chapter 3.
contracts, in income whether you receive refund on line 6a of Schedule F, but does not To make this choice, include the loan as
them in cash, materials, services, or com- include it as a taxable amount on line 6b. income on line 7a of Schedule F for the year
modity certificates. However, you can exclude you receive it. Attach a statement to your re-
some payments you receive under certain Payments made under the Dairy Refund turn showing the details of the loan.
cost-sharing conservation programs, as ex- Payment Program (DRPP). DRPP, admin- When you make this choice, the amount
plained later. istered by the CCC, refunds the reductions in you report as income becomes your basis in
Report the agricultural program payment price received by eligible producers during a the commodity. See chapter 7 for information
on the appropriate line in Part I of Schedule calendar year. Milk processors, milk han- on the basis of assets. If you later sell the
F. Report the full amount even if you return dlers, and others responsible for the market- commodity either by forfeiting it to the CCC
a government check for cancellation, refund ing of milk withhold the reductions in price instead of repaying the loan or by repaying
any of the payment you receive, or the gov- from their payments to the producers and the loan, redeeming the commodity, and
ernment collects all or part of the payment send the withheld amounts to the CCC. If the selling it to someone else, you report as in-
from you by reducing the amount of some producer can prove that milk marketing for the come at the time of sale only the amount of
other payment or CCC loan. However, you current year was not more than milk market- the loan forgiveness or sale proceeds minus
can deduct the amount you refund or return ing for the prior year, the producer is eligible your basis in the commodity. If the sale pro-
Page 16 Chapter 4 Farm Income
ceeds are less than your basis in the com- Without choice. Mike has income of $80 in farming operations on the land, the annual
modity, you can report the difference as a loss from market gain in 1999. Because he has payment is rental income, which you report
on Schedule F. not made the choice, the cotton is not treated on Form 4835. Use Form 4835 to report these
as sold when it is pledged as collateral for the payments even if all other payments you re-
You can request income tax with- CCC loan. Therefore, the sale of the cotton ceive from the rental activity are reported on
TIP holding on CCC loan payments made in 1999 generates income of $600 ($600 sale Schedule E (Form 1040). For more informa-
to you. Use Form W–4V, Voluntary price − $0 basis). He reports both the $600 tion, see Rents (Including Crop Shares), ear-
Withholding Request. See chapter 21 for in- from the sale and the $80 market gain as in- lier. Also see Landlord Participation in Farm-
formation about ordering the form. come in 1999. He reports the $80 on both ing in chapter 15.
lines 6a and 6b of Part I of Schedule F. See
Note, earlier.
Reporting Market Gain
Crop Insurance and
If you have a CCC loan that is secured by the
Example 2. Assume the same facts as Ex- Disaster Payments
ample 1 except that Mike enters into an You must include in income any crop insur-
pledge of an eligible commodity you produced option-to-purchase contract with Tom Mer-
and you chose to report the loan proceeds ance proceeds you receive as the result of
chant in 1998. Tom pays Mike $.05 per pound crop damage. You generally include them in
as income in the year received, reporting the for the option to buy the 1,000 pounds of
market gain shown on Form CCC–1099–G, the year you receive them. Treat as crop in-
cotton. Mike also gives Tom a power of at- surance proceeds the crop disaster payments
Certain Government Payments, may cause torney giving him the authority to repay the
the duplicate reporting of this income. Eligible you receive from the federal government as
loan on Mike's behalf. In 1999, Tom repays the result of destruction or damage to crops,
commodities include cotton, wheat, feed the loan at $.42 per pound and immediately
grains, rice, and oilseeds. The following ex- or the inability to plant crops, because of
exercises his option to buy Mike's cotton at drought, flood, or any other natural disaster.
amples show how to report market gain. the price of $.42 per pound.
Mike will receive a Form CCC–1099–G for You can request income tax with-
1999 from the CCC showing a market gain TIP holding from crop disaster payments
Example 1. Mike Green is a cotton farmer. of $80. How he reports the market gain will you receive from the federal govern-
He uses the cash method of accounting and again depend upon whether he chose to in- ment. Use Form W–4V, Voluntary Withhold-
files federal income tax returns on a calendar clude CCC loans in income the year received. ing Request. See chapter 21 for information
year basis. He has currently deducted all ex- With choice. Mike has income of $500 about ordering the form.
penses incurred in producing the cotton and in 1998 from the CCC loan. He also has in-
has a basis of $0 in the commodity. In 1998, come of $50 in 1998 from granting the option Choice to include in income in following
Mike pledges 1,000 pounds of cotton as to Tom. Because Mike is treated as having year. If you use the cash method of ac-
collateral for a CCC price support loan at $.50 repurchased the cotton for $.42 per pound counting, you can choose to include crop in-
per pound. In 1999, he decides to redeem the upon repayment of the CCC loan, he recog- surance proceeds in income for the tax year
cotton when the prevailing world market price nized no income upon the sale of the cotton following the tax year in which the crops were
for cotton is $.42 per pound. Under CCC to Tom for $.42 per pound. Mike reports both damaged. You can make this choice if you
program provisions, the repayment rate is the the $500 CCC loan and the $50 from the op- can show you would have included the in-
lesser of the loan amount or the prevailing tion as income in 1998. Because he has al- come from the damaged crops in any tax year
world price of the commodity on the date of ready included the $500 CCC loan in income, following the year the damage occurred. This
repayment. He later sells the cotton for $.60 including the $80 market gain shown on the choice applies only if you receive the pro-
per pound. 1999 Form CCC–1099–G would cause an ceeds in the year the crops were damaged.
As a result of the redemption of the cotton, $80 overstatement of his income. For 1998, If you receive the insurance proceeds in the
Mike will receive a Form CCC–1099–G from Mike reports the $500 CCC loan on line 7a following tax year, you include the proceeds
the CCC showing a market gain in 1999 of of Part I of Schedule F. For 1999, Mike re- in gross income for the year you receive
$80. This is the difference between the ori- ports the $80 market gain as an “Agricultural them.
ginal loan rate ($.50 per pound) and the re- program payment” on line 6a of Part I of To choose to postpone reporting crop in-
payment rate ($.42 per pound) multiplied by Schedule F, but does not include the $80 as surance proceeds, attach a statement to your
the pounds of cotton redeemed ($.08 per a “Taxable amount” on line 6b of Part I of tax return, or amended return, for the year the
pound × 1,000 pounds of cotton). How he Schedule F. See Note, earlier. damage took place. Merely showing on your
reports the $80 gain depends on whether he Without choice. Mike has income of $50 return that insurance proceeds were deferred
chose to include CCC loans in income in the in 1998 from granting the option to Tom. Be- is not a choice. The statement must include
year received. cause Mike has not made the choice, the your name and address and contain the fol-
With choice. Mike has income of $500 cotton is not treated as sold when it is lowing information.
in 1998 from the CCC loan. The cotton is pledged as collateral for the CCC loan. The
treated as sold for $500 when he pledged it sale of the cotton to Tom in 1999 generates • A statement that you are making a choice
as collateral for the CCC loan. It is then income of $420 ($420 sale price − $0 basis) under section 451(d) of the Internal Rev-
treated as repurchased by him for $420 ($.42 to Mike. Mike reports the $50 from the option enue Code and section 1.451–6 of the
repayment rate × 1,000 pounds of cotton) as income in 1998 and the $420 from the sale Income Tax Regulations.
when he redeemed it by repayment of the of the commodity and the $80 market gain
CCC loan. No gain or loss is recognized on • The specific crop or crops destroyed or
shown on Form CCC–1099–G as income in damaged.
this repurchase. He has income of $180 in 1999. He reports the $80 on both lines 6a and
1999 from the sale of the cotton ($600 sale 6b of Part I of Schedule F. See Note, earlier. • A statement that under your normal
price − basis of $420). He reports the $500 business practice you would have in-
CCC loan as income in 1998 and the $180 cluded income from the destroyed or
from the sale as income in 1999. Because he damaged crops in gross income for a tax
has already included the $500 CCC loan in
Conservation Reserve year following the year the crops were
income, including as taxable income the $80 Program (CRP) destroyed or damaged.
market gain shown on the 1998 Form Under the Conservation Reserve Program
CCC–1099–G would cause an $80 over- • The cause of the destruction or damage
(CRP), the Secretary of Agriculture and you, and the date or dates it occurred.
statement of his income. Therefore, for 1998, as the owner or operator of highly erodible
Mike reports the $500 CCC loan on line 7a or other specified cropland, may enter into a • The total amount of payments you re-
of Part I of Schedule F (Form 1040). For long-term contract providing for conversion to ceived from insurance carriers, itemized
1999, he reports the $80 market gain as an a less intensive use of that cropland. Under for each specific crop, and the date you
“Agricultural program payment” on line 6a of the program, you are compensated for this received each payment.
Part I of Schedule F, but does not include the conversion in the form of an “annualized
$80 as a “Taxable amount” on line 6b of Part
• The name of each insurance carrier from
rental payment.” The payment may be in the whom you received payments.
I of Schedule F. form of cash, commodity certificates, or a
combination of cash and certificates. One election covers all crops representing
Note. The line numbers may change in The annual CRP payment is farm income, a single trade or business. If you have more
the 1999 version of Schedule F. Check the which you report in Part I of Schedule F. than one farming business, make a separate
1999 instructions. However, if you do not materially participate choice for each one. For example, if you op-
Chapter 4 Farm Income Page 17
erate two separate farms on which you grow See chapter 21 for information about or- • The environmental quality incentive pro-
different crops, and you keep separate books dering Form 1099–G and chapter 2 for infor- gram authorized by the Federal Agricul-
for each farm, you should make two separate mation about preparing the form. ture Improvement and Reform Act of
choices to defer reporting insurance proceeds 1996.
you receive for crops grown on each of your
• The wildlife habitat incentives program
farms. Cost-Sharing Exclusion authorized by the Federal Agriculture
A choice is binding for the year. To change
your choice, write to your IRS District Director (Improvements) Improvement and Reform Act of 1996.
giving your name, address, identification You can exclude from your income part or all • Any small watershed program adminis-
number, the year you made the choice, and of the payments you receive under certain tered by the Secretary of Agriculture that
your reasons for wanting to change it. federal or state cost-sharing conservation, the IRS determines to be substantially
reclamation, and restoration programs. The similar to the types of programs for which
“payment” is any economic benefit you get an exclusion is allowed.
Feed Assistance as a result of an improvement. However, this • Any program of a state, possession of the
and Payments exclusion applies only to that part of a pay- United States, a political subdivision of
ment that meets all three of the following any of these, or the District of Columbia
The Disaster Assistance Act of 1988 author- tests.
izes programs to provide feed assistance, under which payments are made to indi-
reimbursement payments, and other benefits viduals primarily for conserving soil, pro-
to qualifying livestock producers if the Secre- • It was for a capital expense. You cannot tecting or restoring the environment, im-
tary of Agriculture determines that, because exclude any part of a payment for an ex- proving forests, or providing a habitat for
of a natural disaster, a livestock emergency pense you can deduct in the year you pay wildlife.
exists. These programs include partial re- or incur it. You must include the payment
imbursement for the cost of purchased feed in income and take any offsetting de- Several state programs have been ap-
and for certain transportation expenses. They duction. (See chapter 6 for information proved. For information about the status of
also include the donation or sale at a below- on deducting soil and water conservation those programs, contact the state offices of
market price of feed owned by the Commodity expenses.) the FSA Farm Service Agency and the Na-
Credit Corporation. tural Resources and Conservation Service
• The IRS determined that it does not (NRCS).
These payments are not proceeds from substantially increase your annual in-
the sale of livestock, received for the de- come from the property for which it is
struction or damage to crops raised for sale, made. An increase in annual income is Income realized. The gross income you re-
or for the inability to raise the crops. Include substantial if it is more than the greater alize upon getting an improvement under
these benefits in income in the year you re- of 10% of the average annual income these cost-sharing programs is the value of
ceive them. derived from the affected property before the improvement reduced by the sum of
You must include in income the market receiving the improvement or an amount excludable portion and your share of the cost
value of donated feed, the difference between equal to $2.50 times the number of af- of the improvement.
the market value and the price you paid, or fected acres. Value of the improvement. You deter-
any cost reimbursement you receive. You can mine the value of the improvement by multi-
usually take a current deduction for the same • The Secretary of Agriculture certified that plying its fair market value (defined in chapter
amount as a feed expense. the payment was made primarily for 12) by a fraction.
conserving soil and water resources,
protecting or restoring the environment, 1) The numerator (top part) of the fraction
Other Payments improving forests, or providing a habitat is the total cost of the improvement (in-
for wildlife. cluding all amounts paid either by you
You must include other government program or by the government), reduced by the
payments in income as explained below. sum of the following three items.
If the three tests above are met, you can
exclude payments from the following pro- a) Any government payments under a
Fertilizer and Lime grams. program not listed earlier.
Include in income the value of fertilizer or lime
you received under a government program. • The rural clean water program authorized b) Any portion of a government pay-
How you claim the offsetting deduction is ex- by the Federal Water Pollution Control ment under a program listed earlier
plained under Fertilizer and Lime in chapter Act. that the Secretary of Agriculture has
5. not certified as primarily for pur-
• The rural abandoned mine program au- poses of conservation.
thorized by the Surface Mining Control
Improvements and Reclamation Act of 1977. c) Any government payment to you for
rent or for your services.
If government payments are based on im- • The water bank program authorized by
provements, such as a pollution control facil- the Water Bank Act. 2) The denominator (bottom part) of the
ity, you must still include them in income. You fraction is the total cost of the improve-
must capitalize the full cost of the improve- • The emergency conservation measures ment.
ment. Since you have included the payments program authorized by title IV of the Ag-
in income, they do not reduce your basis. ricultural Credit Act of 1978. Excludable portion. The excludable
portion is the “present fair market value” of the
• The agricultural conservation program right to receive annual income from the af-
authorized by the Soil Conservation and
Payment to More Domestic Allotment Act.
fected acreage of the greater of the following
amounts.
Than One Person • The great plains conservation program
The USDA reports program payments to the authorized by the Soil Conservation and 1) 10% of the prior average annual income
IRS. It reports a program payment intended Domestic Policy Act. from the affected acreage.
for more than one person as having been paid
• The resource conservation and develop- 2) $2.50 times the number of affected
to the person whose identification number is
ment program authorized by the acres.
on record for that payment (payee of record).
If you, as the payee of record, receive a pro- Bankhead-Jones Farm Tenant Act and
The “prior average annual income” is the
gram payment belonging to someone else, by the Soil Conservation and Domestic
average of the gross receipts from the af-
such as your landlord, the amount belonging Allotment Act.
fected acreage for the last 3 tax years before
to the other person is a nominee distribution. • The forestry incentives program author- the tax year in which you started to install the
You should file Form 1099–G to give the IRS ized by the Cooperative Forestry Assist- improvement.
the identity of the actual recipient. You should ance Act of 1978.
also give this information to the recipient. You The calculation of “present fair market
can avoid the inconvenience of unnecessary
inquiries about the identity of the recipient if
• The wetlands reserve program author-
ized by title XII of the Food Security Act
! value” is too complex to discuss in this
CAUTION publication. You may need to consult
you file this form. of 1985. your tax advisor for assistance.
Page 18 Chapter 4 Farm Income
Example. 100 acres of your land was value as the type of income it represents. For
reclaimed under a contract with the Natural
Patronage Dividends example, if it represents interest income, in-
Resources Conservation Service of the (Distributions) clude it on your return as interest.
USDA. The total cost of the improvement You generally report patronage dividends you
was $500,000. USDA paid $490,000. You receive as income on lines 5a and 5b of Purchase of depreciable property or capi-
paid $10,000. The value of the cost-sharing Schedule F for the tax year you receive them. tal assets. Do not include in income divi-
improvement is $15,000. They include the following items. dends from the purchase of capital assets or
The present fair market value of the right depreciable property used in your business.
to receive (1) above is $1,380 and the value • Money paid as a patronage dividend. You must, however, reduce the basis of these
of the right to receive (2) is $1,550. The assets by the dividends. If the dividends are
excludable portion is the greater amount, • The stated dollar value of qualified written more than your unrecovered cost, include the
$1,550. notices of allocation.
difference as ordinary income on Schedule F
Figure the amount to include in gross in- • The fair market value of other property. for the tax year you receive them. Include all
come as follows: these dividends on line 5a of Schedule F, but
Nonqualified notices of allocation, ex- include only the taxable part on line 5b.
Value of cost-sharing improvement ........... $15,000 plained later, are not included in income when
Minus: Your share ....................... $10,000 you receive them. See also Purchase of Example. On July 1, 1997, Mr. Brown, a
Excludable portion ........... 1,550 11,550
depreciable property or capital assets and patron of a cooperative association, bought
Amount included in income ....................... $3,450 Personal purchases, later, for a discussion a machine for his dairy farm business from
of amounts not to include in income on line the association for $2,900. The machine has
5b. a life of 7 years under MACRS (as provided
Effects of the exclusion. When you figure
in the Table of Class Lives and Recovery
the basis of property you acquire or improve
Qualified written notice of allocation. A Periods in Publication 946). Mr. Brown files
using cost-sharing payments excluded from
qualified written notice of allocation is taxable his return on a calendar year basis. For 1997,
income, subtract the excluded payments from
at its stated dollar value in the year received. he claimed a deduction of $311, using the
your capital costs. Any payment excluded
To be qualified, it must be paid as part of a 10.71% depreciation rate from the 150% de-
from income is not part of your basis.
patronage dividend, or a payment by a coop- clining balance, half-year convention table
In addition, you cannot take depreciation,
erative, in which 20% or more of the dividend (shown in Table A–14 in Appendix A of Pub-
amortization, or depletion deductions for the
or payment is paid in money or a qualified lication 946). On July 1, 1998, the cooperative
part of the cost of the property for which you
check. It must also meet one of the following association paid Mr. Brown a $300 cash pa-
receive cost-sharing payments you exclude
conditions. tronage dividend for his purchase of the ma-
from income.
chine. Mr. Brown adjusts the basis of the
1) It must be redeemable in cash for at machine and figures his depreciation de-
How to report the exclusion. Attach a least 90 days after it is issued, and you duction for 1998 (and later years) as follows.
statement to your tax return (or amended re- must have received a written notice of
turn) for the tax year you receive the last your right of redemption at the same time Cost of machine on July 1, 1997 ................ $2,900
government payment for the improvement. Minus: 1997 depreciation ................... $311
as the written notice of allocation. 1998 cash dividend ................ 300 611
The statement must include the dollar amount
of the cost funded by the government pay- 2) You must have agreed to include the Adjusted basis for depreciation for 1998: $2,289
ment, the value of the improvement, and the stated dollar value in income in the year
amount you are excluding. you receive the notice by doing one of Depreciation rate: 1 ÷ 6 /2 (remaining recovery pe-
1
Recapture. If you dispose of the property b) Getting or keeping membership in Exceptions. If the dividends come from
within 20 years after you get it, you must treat the cooperative after it adopted a the selling or buying of capital assets or
as ordinary income part or all of the cost- bylaw providing that membership depreciable property used in your business
sharing payments you excluded. You must constitutes agreement. The coop- and you did not own the property at any time
report the recapture on Form 4797. See erative must notify you of this bylaw during the year you received them, you must
Section 1255 property in chapter 11. and give you a copy. include the dividends in income unless one
c) Endorsing and cashing a qualified of the following two exceptions applies.
Not making the choice. You can choose check, paid as part of the notice of
not to exclude all or part of any payments you allocation, by the 90th day after the • If the dividends relate to a capital asset
receive under these programs. You must close of the payment period for the you held for more than 1 year for which
make this choice by the due date, including tax year of the cooperative. a loss was or would have been deduct-
extensions, for filing your return. If you ible, treat them as gain from the sale or
choose not to exclude these payments, none Loss on redemption. You can deduct in exchange of a capital asset held for more
of the above restrictions and rules apply. Part II of Schedule F any loss incurred on the than 1 year.
redemption of a qualified written notice of al- • If the dividends relate to a capital asset
location you receive in the ordinary course of for which a loss was not or would not
your farming business. The loss is the dif- have been deductible, do not report them
Income From ference between the stated dollar amount you
included in income and the amount you re-
as income (ordinary or capital gain).
Cooperatives ceived when you redeemed it. If you receive a dividend from selling a
capital asset or depreciable property used in
If you buy farm supplies through a cooper- Nonqualified notices of allocation. Any your business in the same year the asset was
ative, you may receive income from the co- written notices of allocation that do not meet sold, treat it as an additional amount received
operative in the form of patronage dividends the conditions explained earlier under Qual- on the sale or other disposition of the asset.
(distributions). If you sell your farm products ified written notice of allocation are nonqual- If you cannot determine from which item
through a cooperative, you may receive pa- ified notices. Do not include the value of the dividend comes, include the dividend in
tronage dividends or a per-unit retain certif- nonqualified notices in income when you re- income as ordinary income.
icate, explained later, from the cooperative. ceive them. Your basis in a nonqualified no-
tice of allocation is zero. You must include in Personal purchases. Do not include in in-
Form 1099–PATR. The cooperative will re- income for the tax year of disposition any come dividends from buying personal, living,
port the income to you on Form 1099–PATR amount you receive from the sale, redemp- or family items, such as supplies, equipment,
or a similar form and send a copy to the IRS. tion, or other disposition of a nonqualified or services not used in your business. This
Form 1099–PATR may also show an alter- written notice. Include it, up to the stated rule also applies to amounts from the sale,
native minimum tax adjustment that you must dollar value of the notice, as ordinary income redemption, or other disposition of a non-
include if you are required to file Form 6251, in Part I of Schedule F. You must include any qualified written notice of allocation resulting
Alternative Minimum Tax–Individuals. amount that is more than the stated dollar from these purchases. If the dividend or non-
Chapter 4 Farm Income Page 19
qualified allocation cannot be traced to these Example. You own a business and get Example. You had a $10,000 debt can-
purchases, include it in income as ordinary accounting services on credit. Later, you celed outside of bankruptcy. Immediately be-
income. have trouble paying your business debts, but fore the cancellation, your liabilities totaled
you are not bankrupt or insolvent. Your ac- $80,000 and your assets totaled $75,000.
countant forgives part of the amount you owe Since your liabilities were more than your
Per-Unit Retain Certificates for the accounting services. How you treat assets, you were insolvent to the extent of
A per-unit retain certificate is any written no- the cancellation of debt depends on your $5,000 ($80,000 − $75,000). You can exclude
tice that shows the stated dollar amount of a method of accounting. this amount from income. The remaining
per-unit retain allocation made to you by the canceled debt ($5,000) may be subject to the
cooperative. A per-unit retain allocation is an • Cash method – You do not include the qualified farm debt rules. If not, you must in-
amount paid to patrons for products sold for debt cancellation in income because clude it in income.
them that is fixed without regard to the net payment for the services would have
earnings of the cooperative. These allo- been deductible as a business expense. Reduction of tax benefits. If you exclude
cations can be paid in money, other property, • An accrual method – You include the debt canceled debt from income in a bankruptcy
or qualified certificates. cancellation in income. Under an accrual case or during insolvency, you must use the
Per-unit retain certificates issued by a co- method of accounting, the expense is excluded debt to reduce certain tax benefits.
operative generally receive the same tax deductible when you incur the liability, not This prevents an excessive tax benefit from
treatment as patronage dividends, discussed when you pay the debt. the cancellation.
earlier. Order of reduction. You must use the
excluded canceled debt to reduce the follow-
Qualified certificates. Qualified per-unit re- Exclusions ing tax benefits in the order listed, unless you
tain certificates are those issued to patrons Do not include in income debt canceled in the choose to reduce the basis of depreciable
who have agreed in writing, or in effect have following situations. However, you may be property first, explained later.
agreed by getting or keeping membership in required to file Form 982. See Form 982,
a cooperative whose bylaws or charter state later. 1) Net operating loss (NOL). Reduce any
that membership constitutes agreement, to NOL for the tax year the debt cancella-
include the stated dollar amount of these 1) The cancellation takes place in a bank- tion takes place, and then any NOL car-
certificates in income in the year of receipt. If ruptcy case. ryover to that tax year. Reduce the NOL
you receive qualified per-unit retain certif- for each dollar of excluded canceled
2) The cancellation takes place when you debt.
icates, include the stated dollar amount of the
are insolvent.
certificates in income in Part I of Schedule F 2) General business credit carryover.
for the tax year you receive them. 3) The canceled debt is a qualified farm Reduce the credit carryover to or from
debt. the tax year of the debt cancellation.
Nonqualified certificates. All other per-unit Reduce the carryover 331/3 cents for
4) The canceled debt is qualified real
retain certificates are not qualified. Do not each dollar of excluded canceled debt.
property business debt. For more infor-
include their stated dollar amount in income
mation on this type of canceled debt, see 3) Minimum tax credit. Reduce the mini-
when you get them. Include in income any
chapter 5 in Publication 334. mum tax credit available at the beginning
amount you receive from the redemption,
sale, or other disposition of a nonqualified If a debt cancellation is excluded from in- of the tax year following the tax year of
certificate, to the extent the stated dollar come because it takes place in a bankruptcy the debt cancellation 331/3 cents for each
amount is more than its basis, as ordinary case, items (2), (3), and (4) do not apply. If it dollar of excluded canceled debt.
income reported in Part I of Schedule F for takes place when you are insolvent, items (3) 4) Capital loss. Reduce any net capital
the tax year of disposition. and (4) do not apply to the extent you are loss for the tax year of the debt cancel-
insolvent. lation and then any capital loss carryover
to that year. Reduce the capital loss one
Bankruptcy and Insolvency dollar for each dollar of excluded can-
Cancellation of Debt You can exclude the cancellation or discharge celed debt.
If a federal government agency, financial in- of debt from income if you are bankrupt or to 5) Basis. Reduce the basis of your prop-
stitution, or credit union cancels or forgives a the extent you are insolvent. erty by one dollar for each dollar of ex-
debt you owe of $600 or more, you will re- cluded canceled debt. Make this re-
ceive a Form 1099–C, Cancellation of Debt. Bankruptcy. A bankruptcy case is a case duction to both depreciable and
The amount of the cancelled debt is shown under title 11 of the United States Code if you nondepreciable property you hold at the
in box 2. are under the jurisdiction of the court and the beginning of the tax year following the
discharge of the debt is granted by the court tax year of debt cancellation. The re-
or is the result of a plan approved by the duction cannot be more than the total
General Rule court. bases of property you hold immediately
Generally, if a debt you owe is canceled or Do not include debt canceled in a bank- after the debt cancellation minus your
forgiven, other than as a gift or bequest to ruptcy case in your gross income in the year total liabilities immediately after the can-
you, you must include the canceled amount it is canceled. Instead, you must use the cellation. See Reduction of basis of
in gross income for tax purposes. A debt in- amount canceled to reduce your tax benefits, depreciable property, later.
cludes any debt for which you are liable or explained later under Reduction of tax bene-
which attaches to property you hold. fits. 6) Passive activity loss and credit car-
ryovers. Reduce the passive activity
Insolvency. You are insolvent to the extent loss and credit carryovers available from
Exceptions your liabilities are more than the fair market the tax year of the debt cancellation.
The following discussion covers some ex- value of your assets immediately before the Reduce the carryover of the deduction
ceptions to the general rule for canceled debt. discharge of debt. one dollar for each dollar of excluded
You can exclude canceled debt from gross canceled debt. Reduce the credit carry-
Price reduced after purchase. If you owe income up to the amount by which you are over 331/3 cents for each dollar of ex-
a debt to the seller for property you bought, insolvent. If the canceled debt is more than cluded canceled debt.
and the seller reduces the amount you owe, the amount by which you are insolvent and 7) Foreign and possession tax credits.
generally you do not have income from the you qualify, you can apply the rules for qual- Reduce the credit carryover to or from
reduction. Treat the part of the debt reduced ified farm debt to the excess. Otherwise, you the tax year of the debt cancellation.
as a purchase price adjustment and reduce include the excess in gross income. Use the Reduce these credits 331/3 cents for each
your basis in the property. amount excluded because of insolvency to dollar of excluded canceled debt.
reduce any tax benefits, as explained later
Deductible debt. You do not realize income under Reduction of tax benefits. You must How to make tax benefit reductions.
from debt cancellation to the extent the pay- reduce the tax benefits under the insolvency Always make the required reductions in tax
ment of the debt would have led to a de- rules before applying the rules for qualified benefits after figuring your tax for the year of
duction. farm debt. the debt cancellation. In reducing net oper-
Page 20 Chapter 4 Farm Income
ating losses and capital losses, first reduce • A person from whom you got the property 1) Depreciable property.
the loss for the tax year of the debt cancella- (or a person related to this person). 2) Land you use in your farming business.
tion. Then reduce any loss carryovers to that
year in the order of the tax years from which • A person who receives a fee from your 3) Other qualified property.
the carryovers arose, starting with the earliest investment in the property (or a person
year. Make your reductions of the general related to this person).
Form 982
business credit and the foreign tax credit For the definition of a related person, see
carryovers in the order in which they are Use Form 982 to show the amounts excluded
Related persons under At-Risk Amounts in from income and the reduction of tax benefits
taken into account for the tax year of the debt Publication 925.
cancellation. in the order listed on the form.
Limit. If your canceled debt is qualified farm When to file. You must file Form 982 with
Reduction of basis of depreciable prop- debt, you cannot exclude from income more your income tax return for the tax year in
erty. You can choose to apply any portion than the sum of your adjusted tax benefits which the cancellation of debt occurred. If you
of the excluded canceled debt to reduce the and the total adjusted bases of your qualified do not file this form with your original return,
basis of your depreciable property before re- property, defined later. If the discharged debt you must file it with an amended return or
ducing other tax benefits. The amount you is more than this limit, you must include the claim for credit or refund if the cancellation
apply cannot be more than the total adjusted difference in gross income. occurred in bankruptcy or insolvency or in-
bases of all depreciable property you held at volved qualified farm debt or qualified real
the beginning of the tax year following the tax Adjusted tax benefits. Adjusted tax benefits property business debt.
year of your debt cancellation. means the sum of the following items. If you do not make the choices on your
Depreciable property. Depreciable original return, you must establish reasonable
property, for this purpose, means any prop- 1) Any net operating loss (NOL) for the year cause with the IRS before you can make them
erty subject to depreciation, but only if a re- of the discharge and any NOL carryovers on an amended return or claim for credit. You
duction of basis will reduce the depreciation to that year. can change the choices only with IRS con-
or amortization otherwise allowable for the sent.
period immediately following the basis re- 2) Any general business credit carryover to
duction. or from the year of discharge, multiplied
by 3. More information. For information on debt
When to make basis reductions. Re-
cancellation, other than qualified farm debt,
duce the basis of property you hold at the 3) Any minimum tax credit available at the see Publication 908.
beginning of the tax year following the tax beginning of the tax year following the
year of the debt cancellation. tax year of the debt cancellation, multi-
Recapture of basis reductions. If you plied by 3.
reduce the basis of property under these
provisions and later sell or otherwise dispose 4) Any net capital loss for the year of the Income From
of the property at a gain, the part of the gain discharge and any capital loss carry-
due to this basis reduction is taxable as ordi- overs to that year. Other Sources
nary income under the depreciation recapture 5) Any passive activity loss and credit car- This section discusses other types of income
provisions. Treat any property that is not ryovers available from the tax year of the you may receive.
section 1245 or section 1250 property as debt cancellation. The credit carryover is
section 1245 property. For section 1250 multiplied by 3. Barter income. If you do work for someone
property, determine the straight-line depreci- and are paid in products, property, or work
ation adjustments as though there were no 6) Any foreign and possession tax credit done for you, you must report as income the
basis reduction for debt cancellation. Sections carryovers to or from the year of the fair market value of what you receive. The
1245 and 1250 property and the recapture of discharge, multiplied by 3. same rule applies if you trade farm products
gain as ordinary income are explained in for other farm products, property, or someone
chapter 11. You multiply the credits by 3 to make them else's labor. This is called barter income. For
comparable with the deduction benefits. example, if you help a neighbor build a barn
Example. You have a $200 general and receive a cow for your work, you must
Qualified Farm Debt report the fair market value of the cow as or-
business credit carryover in the year of debt
You can exclude from income the cancellation dinary income. Your basis for property you
cancellation. You apply $300 of the cancella-
or discharge of qualified farm debt by a qual- receive in a barter transaction is usually the
tion using the following steps.
ified person. Your debt is qualified farm debt fair market value that you include in income.
if both the following requirements are met. 1) Multiply the credit by 3 for a result of If you pay someone with property, see the
$600. discussion on labor expense in chapter 5.
• You incurred it directly in operating a
farming business. 2) Subtract the $300 canceled debt from Below-market loans. A below-market loan
$600. is a loan on which no interest is charged, or
• At least 50% of your total gross receipts
for the 3 tax years preceding the year of 3) Divide the remaining $300 by 3 to de- interest at a rate below the applicable federal
debt cancellation were from your farming termine the amount of credit left — $100. rate is charged. If you make a below-market
business. loan, you may have to report income from the
To see if you meet this requirement, The general business credit is reduced to loan in addition to the stated interest you re-
divide your total gross receipts from $100 and may be applied to the tax shown ceive from the borrower. See Publication 550
farming for the 3-year period by your total on the return for the year of debt cancellation for more information on below-market loans.
gross receipts from all sources, including or carried to another tax year if there is no tax
farming, for that period. See chapter 2 for liability for the year of cancellation. Commodity futures and options. See
information about gross farm income and chapter 10 for information on gains and
Order of reduction. The rules for reduc- losses from commodity futures transactions.
total gross income. ing tax benefits for qualified farm debt are
different from the rules for bankruptcy or Easements and rights-of-way. Income you
Qualified person. The person who cancels insolvency. You must reduce adjusted tax receive for granting easements or rights-of-
or forgives your qualified farm debt must be benefits (1), (2), (3), and (4), in that order, by way on your farm or ranch for flooding land,
a qualified person — one who is actively and the excluded amount (to the extent not used laying pipelines, constructing electric or tele-
regularly engaged in the business of lending under Reduction of basis of depreciable phone lines, etc., may result in income, a re-
money. A qualified person includes any fed- property, earlier). Then, before reducing ad- duction in the basis of all or part of your farm
eral, state, or local government, or any of their justed tax benefit (5), apply any remaining land, or both.
agencies or subdivisions. Therefore, these excluded amount to reduce your basis in
rules apply to debts discharged by the USDA. qualified property. This is any property you Example. You granted a right-of-way for
A qualified person does not include any use or hold for use in your business or for the a gas pipeline through your property for
of the following. production of income. $1,000. Only a specific part of your farm land
You must reduce the basis of qualified was affected. You reserved the right to con-
• A person related to you. property in the following order. tinue farming the surface land after the pipe
Chapter 4 Farm Income Page 21
was laid. Treat the payment for the right-of- Recapture of certain depreciation. If you Timber sales. Timber sales, including sales
way in one of the following ways. took a section 179 deduction for property of logs, firewood, lumber, and pulpwood, are
used in your farming business and at any time discussed in chapter 10.
1) If the payment is less than the basis during the property's recovery period you do
properly allocated to the part of your land not use it more than 50% in your business,
affected by the right-of-way, reduce the you must include part of the deduction in in-
basis by $1,000. come. See chapter 8 for information on the
section 179 deduction and when to recapture
2) If the payment is more than the basis of that deduction.
the affected part of your land, reduce the
basis to zero and the rest is gain from a
In addition, if the percentage of business
use of listed property (see chapter 8) falls to
5.
sale. The gain is reported on Form 4797 50% or less in any tax year during the re-
and is treated as section 1231 gain if you
held the land for more than 1 year. See
covery period, you must include in income
any excess depreciation you took on the
Farm Business
chapter 11. property.
Both of these amounts are farm income. Expenses
Use Part IV of Form 4797 to figure how much
If construction of the line damaged grow- to include in income.
ing crops and you later receive a settlement
of $250 for this damage, the $250 is income.
It does not affect the basis of your land. Refund or reimbursement. You should in-
clude in income a reimbursement, refund, or
Important Changes
Fuel tax credit and refund. Include as in-
recovery of an item for which you took a de-
duction in an earlier year. Include it for the tax
for 1998
come any credit or refund of federal excise year you receive it. However, if any part of
tax you paid as part of any fuel cost claimed the earlier deduction did not decrease your Standard mileage rate. The standard mile-
as an expense deduction that reduced your income tax, you do not have to include that age rate for the cost of operating your car,
income tax. See chapter 18 for more infor- part of the reimbursement, refund, or recov- van, pickup, or panel truck in 1998 is in-
mation. ery. creased to 32.5 cents per mile for all business
miles. You can use the standard mileage rate
for a vehicle you lease, as well as one you
Illegal federal irrigation subsidy. The fed- Example. A tenant farmer purchased own. See Truck and Car Expenses, later.
eral government, operating through the Bu- fertilizer for $1,000 in April 1997. He deducted
reau of Reclamation, has made irrigation wa- $1,000 on his 1997 Schedule F and the entire
deduction reduced his tax. The landowner Self-employed health insurance de-
ter from certain reclamation and irrigation
reimbursed him $500 of the cost of the duction. The part of your self-employed
projects available for agricultural purposes.
fertilizer in February 1998. The tenant farmer health insurance premiums that you can de-
The excess of the amount required to be paid
must include $500 in income on his 1998 tax duct as an adjustment to income increased
over the amount actually paid is an illegal
return because the entire deduction de- to 45% for 1998. See Insurance, later.
subsidy.
For example, if the amount required to be creased his 1997 tax.
paid is full cost and you paid less than full Net operating loss (NOL) deduction. For
cost, the difference is an illegal subsidy and an NOL occurring in a tax year beginning after
you must include it in income. Report this on Soil and other natural deposits. If you re- August 5, 1997, the carryback period is re-
line 10 of Schedule F. You cannot take a de- move and sell topsoil, loam, fill dirt, sand, duced to 2 years and the carryforward period
duction for the amount you must include in gravel, or other natural deposits from your is increased to 20 years. However, the
income. property, the proceeds are ordinary income. carryback period remains 3 years for the part
For more information on reclamation and Depletion. A reasonable allowance for of an NOL that:
irrigation projects, contact your local Bureau depletion of the natural deposit sold may be
of Reclamation. claimed as a deduction. See Depletion in 1) Is from a casualty or theft, or
chapter 8.
Sod. Report proceeds from the sale of 2) In the case of a farm business or other
Machine work (custom hire). Pay you re- sod on Schedule F. A deduction for cost de- qualified small business, is attributable
ceive for work you or your hired help perform pletion is allowed, but only for the topsoil re- to a Presidentially declared disaster.
off your farm for contract work or custom work moved with the sod.
done for others, or for the use of your property Granting the right to remove deposits. See Losses From Operating a Farm, later.
or machines, is income to you whether or not If you enter into a legal relationship granting
someone else the right to excavate and re-
As this publication was being pre-
income tax was withheld. This rule applies
whether you receive the pay in cash, ser- move natural deposits from your property, you ! pared for print, legislation was being
CAUTION considered that would allow an NOL
vices, or merchandise. must determine whether the transaction is a
sale or another type of transaction (for ex-
attributable to a farming business to be car-
ample, a lease).
ried back 5 years, effective for NOLs occur-
Prizes. Report prizes you win on farm live- If you receive a specified sum or an
ring in tax years beginning after 1997. For
stock or products at contests, exhibitions, amount fixed without regard to the quantity
more information about this and other impor-
fairs, etc., on Schedule F as Other income. If produced and sold from the deposit and you
tant changes, get Publication 553, Highlights
you receive a prize in cash, include the full of 1998 Tax Changes.
retain no economic interest in the deposit,
amount in income. If you receive a prize in your transaction is a sale. You are considered
produce or other property, include the fair to retain an economic interest if, under the
market value of the property. For prizes of terms of the legal relationship, you depend
$600 or more, you should receive a Form on the income derived from extraction of the
1099–MISC. deposit for a return of your capital investment
See Publication 525 for information about in the deposit. Important Change
prizes. Your income from the deposit is capital
gain if the transaction is a sale. Otherwise, it
for 1999
is ordinary income subject to an allowance for
Property sold, destroyed, stolen, or con- depletion. See chapter 8 for information on Business use of your home. Beginning in
demned. You may have an ordinary or cap- depletion and chapter 10 for the tax treatment 1999, you may be able to deduct expenses
ital gain if property you own is sold or ex- of capital gains. for your home office even if it is not where you
changed, stolen, destroyed by fire, flood, or perform your most important business activ-
other casualty or condemned by a public au- ities or spend most of your business time. For
thority. In some situations, you can postpone more information about this change, see
the tax on the gain to a later year. See Publication 553, Highlights of 1998 Tax
chapters 11 and 13. Changes.
Page 22 Chapter 5 Farm Business Expenses
Reimbursed expenses. If you are reim- 2) Your total prepaid farm supplies expense
bursed, either reduce the expense or report for the preceding 3 tax years is less than
Important Reminder the amount you receive as income, depend- 50% of your total other deductible farm
ing on when you receive it. See Refund or expenses for those 3 tax years.
Medical savings accounts (MSAs). If you reimbursement under Income From Other
are covered only under a high deductible Sources in chapter 4. You are a farm-related taxpayer if any of
health plan, you may be able to participate in the following tests apply.
an MSA program. You can deduct contribu-
tions to your MSA even if you do not itemize Prepaid Farm Supplies 1) Your main home is on a farm.
your deductions. See Publication 969, Med- There may be a limit on your deduction for 2) Your principal business is farming.
ical Savings Accounts (MSAs). prepaid farm supplies if you use the cash
method of accounting to report your income 3) A member of your family meets (1) or (2).
and expenses. This limit will not apply, how-
ever, if you meet one of the exceptions de- For this purpose, your family includes your
brothers and sisters, half-brothers and half-
Introduction scribed later.
sisters, spouse, parents, grandparents, chil-
You can generally deduct the current costs Defined. Prepaid farm supplies are amounts dren, grandchildren, aunts, uncles, and their
of operating your farm. Current costs are ex- you paid during the tax year for: children.
penses you do not have to capitalize or in- Whether or not the deduction limit for
clude in inventory costs. However, your de- 1) Feed, seed, fertilizer, and similar farm prepaid farm supplies applies, your expenses
duction for the cost of livestock feed and supplies not used or consumed during for prepaid livestock feed may be subject to
certain other supplies may be limited. If you the year, the rules for advance payment of livestock
have an operating loss, you may not be able feed, discussed next.
to deduct all of it. 2) Poultry (including egg-laying hens and
baby chicks) bought for use (or for both
Topics
use and resale) in your farm business Livestock Feed
that would be deductible in the following
This chapter discusses: If you report your income and expenses under
year if you had capitalized the cost and
the cash method, you can deduct in the year
deducted it ratably (for example,
• Deductible expenses paid the cost of feed your livestock consumed
monthly) over the lesser of 12 months
in that year. However, the cost of feed not
• Capital expenses or the useful life of the poultry, and
consumed in that year is subject to the ad-
• Nondeductible expenses 3) Poultry bought for resale and not resold vance payment for feed rules, discussed next,
during the year. and the limit on prepaid farm supplies, dis-
• Farm operating losses cussed earlier.
Prepaid farm supplies do not include any
• Net operating losses
amount paid for farm supplies on hand at the Advance payments for feed. If you meet
• Not-for-profit farming end of the tax year that you would have con- all three of the following tests, you can de-
sumed if not for a fire, storm, flood, other duct in the year of payment (subject to the
casualty, disease, or drought. limit on prepaid farm supplies) the cost of feed
Useful Items your livestock will consume in a later tax year.
You may want to see: Deduction limit. You can deduct the ex- This rule does not apply to the purchase of
pense for prepaid farm supplies that does not commodity futures contracts.
exceed 50% of your other deductible farm
Publication
expenses in the year of payment. You can 1) The expense is a payment for the
m 463 Travel, Entertainment, Gift, and deduct the expense for any excess prepaid purchase of feed, not a deposit.
Car Expenses farm supplies only for the tax year you use Whether an expense is a deposit or
or consume the supplies. payment depends on the facts and cir-
m 535 Business Expenses The cost of poultry bought for use (or for cumstances in each case. The expense
both use and resale) in your farm business is a payment if you can show you made
m 536 Net Operating Losses and not allowed in the year of payment is it under a binding commitment to accept
m 587 Business Use of Your Home deductible in the following year. The cost of delivery of a specific quantity of feed at
poultry bought for resale is deductible in the a fixed price and you are not entitled,
m 925 Passive Activity and At-Risk Rules year you sell or otherwise dispose of that under contract provision or business
poultry. custom, to a refund or repurchase.
Form (and Instructions) Other deductible farm expenses. Other The following are some factors that
deductible farm expenses are any amounts show an expense is a deposit rather than
m 1040 U.S. Individual Income Tax Return allowable as deductions on Schedule F (Form a payment.
m Sch A (Form 1040) Itemized
1040), including depreciation or amortization,
but not prepaid farm supplies. a) The absence of specific quantity
Deductions terms.
m Sch F (Form 1040) Profit or Loss From Example. During 1998, you bought
fertilizer ($4,000), feed ($1,000), and seed b) The right to a refund of any unap-
Farming plied payment credit at the end of
($500) for use on your farm in the following
m 1045 Application for Tentative Refund year. Your total prepaid farm supplies ex- the contract.
pense for 1998 is $5,500. Your other c) The treatment of the expense as a
m 5213 Election To Postpone
deductible farm expenses totaled $10,000 for deposit by the seller.
Determination as To Whether the
1998. Therefore, your deduction for prepaid
Presumption Applies That an d) The right to substitute other goods
farm supplies may not exceed $5,000 (50%
Activity Is Engaged in for Profit or products for those specified in
of $10,000) for 1998. The excess prepaid
See chapter 21 for information about get- farm supplies expense of $500 ($5,500 − the contract.
ting these publications and forms. $5,000) is deductible in the later tax year you A provision permitting substitution of
use or consume the supplies. ingredients to vary the particular feed
mix to meet current diet requirements of
Exceptions. This limit on the deduction of the livestock for which you bought the
Deductible Expenses prepaid farm supplies expense does not apply
if you are a farm-related taxpayer and either:
feed will not suggest a deposit. Further,
adjustment to the contract price to reflect
The ordinary and necessary costs of operat- market value at the date of delivery is
ing a farm for profit are deductible business 1) Your prepaid farm supplies expense is not, by itself, proof of a deposit.
expenses. Part II of Schedule F lists ex- more than 50% of your other deductible
penses common to farming operations. This farm expenses because of a change in 2) The prepayment has a business pur-
chapter discusses many of these expenses, business operations caused by unusual pose and is not merely for tax avoid-
as well as others not listed on Schedule F. circumstances, or ance. You should have a reasonable
Chapter 5 Farm Business Expenses Page 23
expectation of receiving some business gain or loss to report if the property's adjusted
benefit from the prepayment. The fol- basis on the date of transfer is different from
Personal and Business
lowing are some examples of business its fair market value. Any gain or loss has the Expenses
benefits. same character the exchanged property had Some expenses you pay during the tax year
in your hands. For more information, see may be partly personal and partly business.
a) Fixing maximum prices and secur-
chapter 10. These may include expenses for gasoline, oil,
ing an assured feed supply.
fuel, water, rent, electricity, telephone, auto-
b) Securing preferential treatment in Child as an employee. You can deduct mobile upkeep, repairs, insurance, interest,
anticipation of a feed shortage. reasonable wages or other compensation you and taxes.
pay to your child for doing farm work if a true
Whether the prepayment was a con-
employer-employee relationship exists be-
dition imposed by the seller and whether Allocation. Allocate these mixed expenses
tween you and your child. Include these
the condition was meaningful will also between their business and personal parts
wages in the child's income. The child may
be considered in determining the exist- because the personal expenses are not
have to file an income tax return. These
ence of a business purpose for the pre- deductible.
wages may also be subject to social security
payment.
and Medicare taxes if your child is age 18 or
3) The deduction of these costs does older. For more information, see Family Example. You paid $1,500 for electricity
not result in a material distortion of Members in chapter 16. during the tax year. You used one-third of the
your income. The following are some The fact that your child spends the wages electricity for personal purposes and two-
factors to consider in determining to buy clothes or other necessities you thirds for farming. Under these circum-
whether the deduction results in a ma- normally furnish does not prevent you from stances, you can deduct two-thirds of your
terial distortion of income. deducting your child's wages as a farm ex- electricity expense ($1,000) as a farm busi-
pense. ness expense.
a) Your customary business practice
in conducting your livestock oper- Reasonable allocation. It is not always
Spouse as an employee. You can deduct
ations. easy to determine the business and nonbusi-
reasonable wages or other compensation you
b) The expense in relation to past pay to your spouse if a true employer- ness parts of an expense. There is no method
purchases. employee relationship exists between you of allocation that applies to all mixed ex-
and your spouse. Wages you pay to your penses. Any reasonable allocation is accept-
c) The time of year you made the able. What is reasonable depends on the cir-
spouse are subject to social security and
purchase. cumstances in each case.
Medicare taxes. For more information, see
d) The expense in relation to your in- Family Members in chapter 16. Telephone expense. You cannot deduct
come for the year. the cost of basic local telephone service (in-
cluding taxes) for the first telephone line you
If you fail any of these three tests, you Nondeductible Pay have in your home. However, you can deduct
cannot deduct in the year paid the cost of You cannot deduct wages paid for certain the cost of additional telephone service in
feed your livestock will consume in a later tax household work, construction work, and your home if you use it for your farm busi-
year. Deduct it in the tax years your livestock maintenance of your home. However, those ness.
consume the feed. wages may be subject to the employment Tax preparation fees. You can deduct
taxes discussed in chapter 16. as a farm business expense on Schedule F
(Form 1040) the cost of preparing that part
Labor Hired Household workers. Do not deduct of your tax return relating to your farm busi-
You can deduct reasonable wages paid for amounts paid to persons engaged in house- ness. You may be able to deduct the re-
regular farm labor, piecework, contract labor, hold work, except to the extent their services maining cost on Schedule A (Form 1040) if
and other forms of labor hired to perform your are used in boarding or otherwise caring for you itemize your deductions.
farming operations. You may pay wages in farm laborers. You can also deduct on Schedule F the
cash or noncash items such as inventory amount you pay or incur in resolving tax is-
items, capital assets, or assets used in your Construction labor. Do not deduct wages sues relating to your farm business.
business. The cost of boarding farm labor is paid to hired help for the construction of new
a deductible labor cost. Other deductible buildings or other improvements. These
costs you incur for farm labor include health wages are part of the cost of the building or Repairs and Maintenance
insurance, workers' compensation insurance, other improvement. You must capitalize them.
and other benefits. You can deduct most expenses for the repair
If you must withhold social security, Med- Maintaining your home. If your farm em- and maintenance of your farm property.
icare, and income taxes from your employees' ployee spends time maintaining or repairing However, repairs to depreciable property that
cash wages, you can still deduct the full your home, the wages and employment taxes substantially prolong the life of the property,
amount of wages before withholding. See you pay for that work are nondeductible per- increase its value, or adapt it to a different use
chapter 16 for more information on employ- sonal expenses. For example, assume you are capital expenses. If you repair the barn
ment taxes. Also, deduct the employer's have a farm employee for the entire tax year roof, the cost is deductible. But if you replace
share of the social security and Medicare and the employee spends 5% of the time the roof, it is a capital expense. Common
taxes you must pay on your employees' maintaining your home. The employee de- items of repair and maintenance are repaint-
wages as a farm business expense on the votes the remaining time to work on your ing, replacing shingles and supports on farm
Taxes line of Schedule F (line 31). See farm. You cannot deduct 5% of the wages buildings, and minor overhauls of trucks,
Taxes, later. and employment taxes you pay for that em- tractors, and other farm machinery. You must,
ployee. however, capitalize major overhauls that pro-
long the life of the property.
Deductible Pay
The kinds of pay you can deduct include the Employment Credits
fair market value of property you transfer to Reduce your deduction for wages by any Interest
your employees and wages you pay to employment credits allowed for the tax year.
members of your family, as discussed below. You can deduct as a farm business expense
The following are employment credits and
interest paid on farm mortgages and other
their related forms.
Property for services. If you transfer prop- obligations you incur in your farm business.
erty to one of your employees in payment for • Empowerment zone employment credit
services, you can deduct as wages paid the (Form 8844). Cash method. If you use the cash method
fair market value of the property on the date • Indian employment credit (Form 8845). of accounting, you can deduct interest paid
of transfer. If the employee pays you anything during the year. You cannot deduct interest
for the property, deduct as wages the fair • Welfare-to-work credit (Form 8861). paid with funds received from the original
market value of the property minus the pay- • Work opportunity credit (Form 5884). lender through another loan, advance, or
ment by the employee for the property. Treat other arrangement similar to a loan. You can,
the deduction on your return as an amount For more information, see the forms and their however, deduct the interest when you start
received for the property. You may have a instructions. making payments on the new loan.
Page 24 Chapter 5 Farm Business Expenses
Prepaid interest. Under the cash Self-employment tax deduction. You can
method, you generally cannot deduct any in-
Fertilizer and Lime deduct one-half of your self-employment tax
terest paid before the year it is due. Interest You can choose to deduct in the year paid in figuring your adjusted gross income on
paid in advance may be deducted over the or incurred the cost of fertilizer, lime, and Form 1040. For more information, see chap-
term of the loan. other materials applied to farm land to enrich, ter 15.
neutralize, or condition it. You can also de-
Accrual method. If you use an accrual duct the cost of applying these materials in
method of accounting, deduct interest as it the year you pay or incur it. However, see Insurance
accrues. However, you cannot deduct interest Prepaid Farm Supplies, earlier, for a rule that You can generally deduct the ordinary and
owed to a related person who uses the cash may limit your deduction for these materials. necessary cost of insurance for your farm
method until payment is made and the inter- If the benefits of the fertilizer, lime, or business as a business expense. This in-
est is includible in the gross income of that other materials last substantially more than a cludes premiums you pay for the following
person. For more information, see chapter 8 year, you can choose to deduct the expenses types of insurance.
in Publication 535. in the year paid or incurred, or you can capi-
talize them and deduct a part each year the 1) Fire, storm, crop, theft, liability, and other
Allocation of interest. If you use the pro- benefits last. If you choose to deduct the ex- insurance on farm business assets.
ceeds of a loan for more than one purpose penses in the year paid or incurred, you can
(for example, personal and business), allo- change the choice for that year only with IRS 2) Health and accident insurance on your
cate the interest on that loan to each use. consent. farm employees.
The best way to allocate interest is to keep Farm land for the choice described in the
preceding paragraph is land used for 3) Workers' compensation insurance and
the proceeds of a particular loan separate state unemployment insurance on your
from any other funds. You can treat a pay- producing crops, fruits, or other agricultural
products or for sustaining livestock. It does farm employees.
ment made from any account (or in cash)
within 30 days before or after the debt pro- not include land you have never used previ-
ceeds are deposited (or received in cash) as ously for producing crops or sustaining live- Advance premiums. If you pay insurance
being made from those debt proceeds. stock. You cannot deduct initial land prepa- premiums in advance, deduct each year only
You generally allocate interest on a loan ration costs. (See Capital Expenses, later.) the premium that applies to that tax year.
the same way you allocate the loan. This is Include government payments you re- Deduct the balance in each later year to
true even if the funds are paid directly to a ceive for lime or fertilizer in income. See which it applies.
third party. You allocate loans by tracing dis- Fertilizer and Lime in chapter 4.
This treatment of advance premiums
bursements to specific uses. Use the follow- TIP applies whether you use the cash or
ing categories when allocating your interest accrual method of accounting.
expense. Taxes
1) Trade or business interest. You can deduct as a farm business expense Example. On June 28, 1998, you paid a
the real estate and personal property taxes premium of $3,000 for fire insurance on your
2) Passive activity interest. barn. The policy will cover a period of 3 years
on farm business assets, such as farm
3) Investment interest. equipment, animals, farm land, and farm beginning on July 1, 1998. Only the cost for
buildings. You can also deduct the social the 6 months in 1998 is deductible as an in-
4) Personal interest. surance expense on your 1998 tax return.
security and Medicare taxes you pay to match
5) Portfolio expenditure interest. the amount withheld from the wages of farm Deduct $500, which is the premium for 6
employees and any federal unemployment months of the 36-month premium period, or
Allocation based on use of loan's pro- tax you pay. For information on employment 6/36 of $3,000. In both 1999 and the year
ceeds. Loan proceeds and the related inter- taxes, see chapter 16. 2000, deduct $1,000 (12/36 of $3,000). Deduct
est are allocated by the use of the proceeds. The taxes on the part of your farm you use the remaining $500 in 2001. Had the policy
The allocation is not affected by the use of as your home, and its furnishings, are non- been effective on January 1, 1998, the
property that secures the loan. business taxes. To determine the nonbusi- deductible expense would have been $1,000
ness part, prorate the taxes between the farm for each of the years 1998, 1999, and 2000,
Example. You secure a loan with prop- based on one-third of the premium used each
assets and nonbusiness assets. The pro-
erty used in your farming business. You use year.
ration can be done from the assessed valu-
the loan proceeds to buy a car for personal
ations. If your tax statement does not show
use. You must allocate interest expense on
the assessed valuations, you can usually get Business interruption insurance. Business
the loan to personal use (purchase of the car)
them from the tax assessor. interruption insurance premiums are deduct-
even though the loan is secured by farm
business property. ible as a business expense. This insurance
pays for lost profits if your business is shut
Allocation period. The period for which State or local general sales taxes. State down due to a fire or other cause. Report any
a loan is allocated to a particular use begins or local general sales taxes on nondeprecia- proceeds in full on Schedule F.
on the date the proceeds are used and ends ble farm business expense items are deduct-
on the earlier of the date the loan is: ible as part of the cost of those items. Include
Self-employed health insurance de-
state or local general sales taxes imposed on
duction. If you are a self-employed individ-
1) Repaid, or the purchase of assets for use in your farm
ual, you can deduct, in figuring your adjusted
business as part of the cost that you depre-
2) Reallocated to another use. gross income on your 1998 Form 1040, 45%
ciate. If the taxes are imposed on the seller
of your payments for health insurance cover-
and passed on to you, treat them as part of
For more information, see chapter 8 in age for yourself, your spouse, and your de-
your cost.
Publication 535. pendents. Generally, this deduction cannot
be more than the net profit from the business
Loan expenses. You prorate and deduct State and federal income taxes. Individuals under which the plan was established.
loan expenses, such as legal fees and com- cannot deduct state and federal income taxes If you are also an employee of another
missions, you pay to get a farm loan over the as farm business expenses. Individuals can person, you cannot take the deduction for any
term of the loan. deduct state income tax only as an itemized month in which you are eligible to participate
deduction on Schedule A (Form 1040). You in a subsidized health plan maintained by
cannot deduct federal income tax. your employer. This denial of the deduction
Breeding Fees also applies if you are eligible to participate
You can deduct breeding fees as a farm in a health plan maintained by your spouse's
business expense. However, if you must use Highway use tax. You can deduct the fed- employer.
an accrual method of accounting, you must eral use tax on highway motor vehicles paid Use the Self-Employed Health Insurance
capitalize breeding fees and allocate them to on a truck or truck tractor used in your farm Deduction Worksheet in the Form 1040 in-
the cost basis of the calf, foal, etc. For more business. For information on the tax itself, structions to figure your deduction. Include
information on who must use an accrual including information on vehicles subject to the remaining part of the insurance payment
method of accounting, see Accrual Method in the tax, see the instructions for Form 2290, in your medical expenses on Schedule A, if
chapter 3. Heavy Vehicle Use Tax Return. you itemize your deductions.
Chapter 5 Farm Business Expenses Page 25
For more information, see Deductible of the property at the time you can ex- Deduction limit. If your gross income from
Premiums in chapter 10 of Publication 535. ercise the option. Determine this value the business use of your home equals or ex-
at the time of entering into the original ceeds your total business expenses (includ-
agreement. ing depreciation) you can deduct all your
Rent and Leasing business expenses. But if your gross income
If you lease property for use in your business, 6) You have an option to buy the property from that use is less than your total business
you can generally deduct the rent you pay. at a small price compared to the total you expenses, your deduction for certain ex-
must pay under the lease. penses for the business use of your home is
Rent 7) The lease designates part of the pay- limited.
ments as interest, or part of the pay- Your deduction for otherwise nondeduct-
You can deduct on Schedule F rent you pay ible expenses, such as utilities, insurance,
in cash. However, you cannot deduct rent you ments are easy to recognize as interest.
and depreciation (with depreciation taken
pay in crop shares because you deduct the last), cannot be more than the gross income
cost of raising the crops as farm expenses. Leveraged leases. Special rules apply to from the business use of your home minus:
leveraged leases of equipment (property fi-
Advance payments. Deduct advance pay- nanced by a nonrecourse loan from a third 1) The business part of expenses you could
ments of rent only in the year to which they party). For more information, see chapter 7 deduct even if you did not use your
apply, regardless of your accounting method. of Publication 535 and the following revenue home for business (such as deductible
procedures. mortgage interest, real estate taxes, and
Farm home. If you rent a farm, do not deduct casualty and theft losses), and
the part of the rental expense that represents 1) 75–21, 1975–1 CB 715.
2) The business expenses that relate to the
the fair rental value of the farm home in which 2) 75–28, 1975–1 CB 752. business activity in the home (for exam-
you live.
ple, salaries or supplies), but not to the
3) 76–30, 1976–2 CB 647.
use of the home itself.
Lease or Purchase 4) 79–48, 1979–2 CB 529.
If you lease equipment rather than buy it, If you are self-employed, do not include in
determine whether the agreement is a lease (2) above your deduction for half of your
Motor vehicle leases. Special rules apply self-employment tax.
or, in reality, a conditional sales contract. If to lease agreements that have a terminal
the agreement is a lease, you can deduct You can carry over to your next tax year
rental adjustment clause. The clause will deductions over the current year's limit.
rental payments for the use of the equipment generally provide for a rental adjustment on
in your trade or business. If the agreement These deductions are subject to the gross
termination of the lease. If your rental agree- income limit from the business use of your
is a conditional sales contract and you have ment contains a terminal rental adjustment
acquired, or will acquire, title to or equity in home for the next tax year.
clause, treat the agreement as a lease. For See Publication 587 for information on
the equipment, the payments under the more information, see section 7701(h) of the
agreement, so far as they do not represent how to figure this limit and where to deduct
Internal Revenue Code. the expenses on your return.
interest or other charges, are payments for
the purchase of the equipment. Do not deduct
these payments as rent, but capitalize the Depreciation Truck and Car Expenses
cost of the equipment and recover this
through depreciation. If property you acquire to use in your farm You can deduct the actual cost of operating
business has a useful life of more than one a truck or car in your farm business. Only
Example. You lease new farm equipment year, you generally cannot deduct the entire expenses for business use are deductible.
from a dealer who both sells and leases. The cost in the year you acquire it. You must These include such items as gasoline, oil,
lease payments and the specified option price spread the cost over more than one year and repairs, license tags, insurance, and depreci-
equal the sales price plus interest. Under the deduct part of it each year on Schedule F. ation (subject to certain limits).
lease, you are responsible for maintenance, For most property, this deduction is depreci- Instead of using actual costs, under cer-
repairs, and the risk of loss. For federal in- ation. However, you may be able to deduct tain conditions you can use a standard mile-
come tax purposes, the lease is a sale of the part or all of the cost of this property as a age rate of 32.5 cents a mile for all miles of
equipment and you cannot deduct any of the business expense in the year you place it in business use in 1998. You can use the
lease costs as rent. You can deduct interest, service. This is the section 179 deduction. standard mileage rate for cars and light
repairs, insurance, depreciation, and other Depreciation and the section 179 de- trucks, such as vans, pickups, and panel
business expenses. duction are discussed in chapter 8. trucks, that you own or lease. You cannot use
the standard mileage rate if you operate two
Intent. Whether an agreement that in form or more cars or light trucks at the same time
is a lease is in substance a conditional sales Business Use in your farm business.
contract depends on the intent of the parties. For more information, see chapter 4 of
Determine intent based on the facts and cir-
of Your Home Publication 463. If you pay your employees
cumstances existing at the time you made the You can deduct expenses for the business for the use of their truck or car in your farm
agreement. No single test, or special combi- use of your home if you use part of your home business, see Reimbursements to employees
nation of tests, always applies. However, in exclusively and regularly: under Travel Expenses, next.
the absence of compelling and persuasive
factors to the contrary, treat an agreement as 1) As the principal place of business for any
a conditional sales contract, rather than a trade or business in which you engage, Travel Expenses
lease, if any of the following is true. You can deduct ordinary and necessary ex-
2) As a place to meet or deal with patients,
penses you incur while traveling away from
clients, or customers in the normal
1) The agreement applies part of each home for your farm business. You cannot
course of your trade or business, or
payment toward an equity interest you deduct lavish or extravagant expenses. Usu-
will receive. 3) In connection with your trade or busi- ally, the location of your farm business is
ness, if you are using a separate struc- considered your home for tax purposes. You
2) You receive title to the property after you
ture that is not attached to your home. are traveling away from home if:
pay a stated amount of required pay-
ments. 1) Your duties require you to be absent
Your principal place of business (see (1)
3) You must pay, over a short period, an above) is determined on the basis of the rel- from your farm substantially longer than
amount that represents a large part of ative importance of the activities performed an ordinary work day, and
the price you would pay to buy the at each place you conduct business and the 2) You need to get sleep or rest to meet the
property. time you spend at each business place. demands of your work while away from
If you use part of your home for business, home.
4) You pay much more than the current fair
you must divide the expenses of operating
rental value of the property.
your home between personal and business If you meet these requirements and can
5) You have an option to buy the property use. For more information, see Publication prove the time, place, and business purpose
at a small price compared to the value 587. of your travel, you can deduct your ordinary
Page 26 Chapter 5 Farm Business Expenses
and necessary expenses for travel, meals, method, deduct the purchase price from the
and lodging. You can ordinarily deduct only
Tenant House Expenses selling price to determine your profit. Do this
50% of your business-related meal expenses. You can deduct the costs of maintaining in Part I of Schedule F. For more information,
The following are some types of travel houses and their furnishings for tenants or see Crop method under Special Methods of
expenses. hired help as farm business expenses. These Accounting in chapter 3.
costs include repairs, heat, light, insurance, Choosing the method. You can adopt
1) Air, rail, bus, and car transportation. and depreciation. either of these methods for deducting the
The value of a dwelling you furnish to a purchase price in the first year you buy
2) Meals and lodging. tenant under the usual tenant-farmer ar- egg-laying hens, pullets, chicks, or seeds and
3) Cleaning and laundry. rangement is not taxable income to the ten- young plants. If you choose the crop method,
ant. however, you need IRS permission.
4) Telephone and fax. Although you must use the same method
for egg-laying hens, pullets, and chicks, you
5) Transportation between your hotel and Items Purchased can use a different method for seeds and
your temporary work assignment.
for Resale young plants. Once you use a particular
6) Tips for any of the above expenses. method for any of these items, use it for those
If you use the cash method of accounting, you
items until you get IRS permission to change
can deduct the cost of livestock and other
Meals. You can deduct 50% of the cost of your method. For more information, see
items purchased for resale in Part I of
meals only if your business trip is overnight Change in Accounting Method in chapter 3.
Schedule F in the year of sale. This cost in-
or long enough to require you to stop for sleep cludes freight charges for transporting the
or rest to properly perform your duties. You livestock to the farm. Ordinarily, this is the Other Expenses
cannot deduct any of the cost of meals if it is only time you can deduct the purchase price.
not necessary for you to rest, unless you meet The following list, while not all-inclusive,
However, see Cost of chickens, seeds, and shows some expenses you can deduct as
the rules for business entertainment. For in- young plants—cash method, later.
formation on entertainment expenses, see other farm expenses in Part II of Schedule
chapter 2 of Publication 463. Example. You report on the cash F. These expenses must be for business
The expense of a meal includes amounts method. In 1998, you buy 50 steers you will purposes and (1) paid, if you use the cash
you spend for your food, beverages, taxes, sell in 1999. You will report the sales price method, or (2) incurred, if you use an accrual
and tips relating to the meal. You can deduct minus the purchase price (and any freight method.
either the actual cost or a standard meal al- cost) as income in Part I of your 1999
lowance that covers your daily meal and in- Schedule F.
• Accounting fees.
cidental expenses. • Advertising.
Recordkeeping requirements. You Cost of chickens, seeds, and young • Chemicals.
must be able to prove your deductions plants—cash method. Cash method farm-
ers can deduct the cost of hens and baby • Custom hire (machine work).
RECORDS for travel by adequate records or
other evidence that will support your own chicks bought for commercial egg production, • Educational expenses (to maintain and
statement. Estimates or approximations do or for raising and resale, as an expense in the improve farming skills).
not qualify as proof of an expense. year they pay the costs, if they do it consist- • Farm-related attorney fees.
You should keep an account book or ently and it clearly reflects income. You can
deduct the purchase price of seeds and • Farm fuels and oil.
similar record, supported by adequate docu-
mentary evidence, that together supports young plants bought for further development • Farm magazines.
each element of an expense. and cultivation before sale as an expense
when paid if you do this consistently and you • Freight and trucking.
If you choose to deduct a standard meal
allowance you do not have to keep records do not figure your income on the crop method. • Ginning.
to prove amounts spent for meals and inci- However, see Prepaid Farm Supplies, earlier,
for a rule that may limit your deduction for • Insect sprays and dusts.
dental items. However, you must still keep
records to prove the actual amount of other these items. • Litter and bedding.
If you deduct the purchase price of chick-
travel expenses, and the time, place, and • Livestock fees.
business purpose of your travel. ens and young plants as an expense, report
their entire selling price as income. You • Recordkeeping expenses.
cannot also deduct the purchase price from • Service charges.
the selling price.
You cannot deduct the purchase price of • Small tools having a useful life of one
More information. For detailed information seeds and young plants for Christmas trees year or less.
on travel, recordkeeping, and the standard and timber as an expense. Deduct the cost • Stamps and stationery.
meal allowance, see Publication 463. of these seeds and plants through depletion
allowances. For more information, see De- • Storage and warehousing.
Reimbursements to employees. You can pletion in chapter 8. • Tying material and containers.
generally deduct reimbursements you pay to The purchase price of chickens and plants
• Veterinary fees and medicine.
your employees for travel and transportation used as food for your family is never deduct-
expenses they incur in the conduct of your ible.
business. If you reimburse these expenses Capitalize the cost of plants with a pre-
under an accountable plan, deduct them as productive period of more than 2 years, un-
travel and transportation expenses. If you re-
imburse these expenses under a nonac-
less you can elect out of the uniform capital-
ization rules, which are discussed in chapter Capital Expenses
7. A capital expense is a payment, or a debt
countable plan, you must report the re-
incurred, for the acquisition, improvement, or
imbursements as wages on Form W–2 and Example. You use the cash method of restoration of an asset having a useful life of
deduct them as wages. For more information, accounting. In 1998, you buy 500 baby chicks more than one year. You include the expense
see chapter 16 of Publication 535. to raise for resale in 1999. You also buy 50 in the basis of the asset. Uniform capitaliza-
bushels of winter seed wheat in 1998 that you tion rules also require you to capitalize or in-
sow in the fall. You can deduct the cost of clude in inventory certain other expenses.
Marketing Quota Penalties both the baby chicks and the seed wheat in See chapters 3 and 7.
You can deduct on Schedule F penalties you 1998, unless you previously adopted the Capital expenses are generally not
pay for marketing crops in excess of farm method of deducting these costs in the year deductible, but they may be depreciable.
marketing quotas. However, if you do not pay you sell the chickens or the harvested crops. However, you can elect to deduct certain
the penalty, but instead the purchaser of your capital expenses, such as the following.
crop deducts it from the payment to you, in- Delaying deduction—crop method. You
clude in gross income only the amount you can delay deducting the purchase price of 1) The cost of fertilizer, lime, etc. (see
received. Do not take a separate deduction seeds and young plants until you sell them if Fertilizer and Lime under Deductible
for the penalty. you get IRS permission. If you follow this Expenses, earlier).
Chapter 5 Farm Business Expenses Page 27
2) Soil and water conservation expenses 4) Depreciation on equipment used in surance premiums on yourself or your family,
(see chapter 6). planting or seeding, and the cost of maintaining cars, trucks, or horses
for personal use, allowances to minor chil-
3) The cost of property that qualifies for a 5) Costs incurred in replanting to replace
dren, attorneys' fees and legal expenses in-
deduction under section 179 (see chap- lost seedlings.
curred in personal matters, and household
ter 8).
You can choose to capitalize certain indirect expenses. Likewise, the cost of purchasing
4) The cost of qualifying clean-fuel vehicle reforestation costs. or raising produce or livestock consumed by
property and clean-fuel vehicle refueling These capitalized amounts are your basis you or your family is not deductible.
property (see chapter 15 in Publication for the timber. Recover your basis when you
535). sell the timber or take depletion allowances
when you cut the timber. However, you may
Other Nondeductible Items
The costs of the following items, including recover a limited amount of your costs for You cannot deduct the following items on
the costs of material, hired labor, and instal- forestation or reforestation before cutting the your tax return.
lation, are capital expenses. timber through amortization deductions. For
more information, see Depletion and Amorti- Loss of growing crops.
1) Business start-up costs. (See Going Into
Business in chapter 8.) zation in chapter 8.
Repayment of loans.
2) Land and buildings. For more information about timber,
see Agriculture Handbook Number Estate, inheritance, legacy, succession,
3) Additions, alterations, and improvements 708, Forest Owners' Guide to the and gift taxes.
to buildings, etc. Federal Income Tax. Copies are $12 each
and are available from the U.S. Government Loss of livestock. You cannot deduct as a
4) Cars and trucks.
Printing Office. Place your order using Stock loss the value of raised livestock that die if
5) Equipment and machinery. #001–000–04621–7. The address and tele- you deducted the cost of raising them as an
phone number are: expense.
6) Fences.
7) Breeding, dairy, and draft livestock. Superintendent of Documents Losses from sales or exchanges between
U.S. Government Printing Office related persons. You cannot deduct losses
8) Reforestation. P.O. Box 371954 from sales or exchanges of property between
Pittsburgh, PA 15250–7954 you and certain related persons, including
9) Repairs to machinery, equipment, cars,
(202) 512–1800 your spouse, brother, sister, ancestor, or de-
and trucks that prolong their useful life,
increase their value, or adapt them to scendant. For more information, see chapter
different use. Christmas tree cultivation. If you are in the 2 of Publication 544, Sales and Other Dispo-
business of planting and cultivating Christmas sitions of Assets.
10) Water wells, including drilling and
equipping costs. trees to sell when they are more than 6 years
old, capitalize expenses incurred for planting Cost of raising unharvested crops. You
11) Land preparation, such as: and stump culture and add them to the basis cannot deduct the cost of raising unharvested
of the standing trees. Recover these ex- crops sold with land owned more than one
a) Clearing land for farming, year if you sell both at the same time and to
penses as part of your adjusted basis when
b) Leveling and conditioning land, you sell the standing trees or as depletion the same person. Add these costs to the ba-
allowances when you cut the trees. For more sis of the land to determine the gain or loss
c) Purchasing and planting trees, on the sale. For more information, see Sec-
information, see Timber depletion under De-
d) Building irrigation canals and pletion in chapter 8. tion 1231 Gains and Losses in chapter 11.
ditches, You can deduct as business expenses the
costs incurred for shearing and basal pruning Cost of unharvested crops bought with
e) Laying irrigation pipes, of these trees. Expenses incurred for land. Capitalize the purchase price of land,
f) Installing drain tile, silvicultural practices, such as weeding or including the cost allocable to unharvested
cleaning, and noncommercial thinning are crops. You cannot deduct the cost of the
g) Modifying channels or streams, also deductible as business expenses. crops at the time of purchase. However, you
Capitalize the cost of land improvements, can deduct this cost in figuring net profit or
h) Constructing earthen, masonry, or
such as road grading, ditching, and fire loss in the tax year you sell the crops.
concrete tanks, reservoirs, or dams,
and breaks, that have a useful life beyond the tax
year. If the improvements do not have a de- Cost related to gifts. You cannot deduct
i) Building roads. terminable useful life, add their cost to the costs related to your gifts of agricultural pro-
basis of the land. The cost is recovered when ducts or property held for sale in the ordinary
Crop production expenses. The uniform you sell or otherwise dispose of it. If the im- course of your business. For example, you
capitalization rules generally require you to provements have a determinable useful life, cannot deduct as a farm business expense,
capitalize expenses incurred in producing recover their cost through depreciation. Cap- in the year of the gift or any later year, the
plants. However, except for certain taxpayers italize the cost of equipment and other cost of raising cattle given as a gift to your
required to use an accrual method of ac- depreciable assets, such as culverts and child or the cost of planting and raising un-
counting, the capitalization rules do not apply fences, to the extent you do not use them in harvested wheat on parcels of land given as
to plants with a preproductive period of 2 planting Christmas trees. Recover these a gift to your children.
years or less. For more information, see costs through depreciation.
Uniform Capitalization Rules in chapter 7. Dues and subscriptions. Generally, you
cannot deduct amounts you pay or incur for
Timber. Capitalize the cost of acquiring tim- membership in any club organized for busi-
ness, pleasure, recreation, or any other social
ber. Do not include the cost of land in the cost
of the timber. You must generally capitalize
Nondeductible purpose. This includes country clubs, athletic
direct costs incurred in reforestation. These
costs include:
Expenses clubs, luncheon clubs, sporting clubs, airline
clubs, and hotel clubs.
You cannot deduct personal expenses and Exception. Unless one of its main pur-
1) Site preparation costs, such as: certain other items on your tax return even if poses is to conduct entertainment activities
they relate to your farm. for members or their guests or to provide
a) Girdling, members or their guests with access to
b) Applying herbicide, entertainment facilities, the following organ-
Personal, Living, izations will not be treated as clubs organized
c) Baiting rodents, and and Family Expenses for business, pleasure, recreation, or other
d) Clearing and controlling brush, You cannot deduct certain personal, living, social purpose.
and family expenses as business expenses.
2) The cost of seed or seedlings, 1) Boards of trade.
These include rent and insurance premiums
3) Labor and tool expenses, paid on property used as your home, life in- 2) Business leagues.
Page 28 Chapter 5 Farm Business Expenses
3) Chambers of commerce. When these items are eliminated, Glenn's
net loss is reduced to $1,775 ($9,300 −
4) Civic or public service organizations. Net Operating Losses $7,525). This is his NOL for 1998.
5) Professional associations. If your deductible loss from operating your
farm (after applying the limits explained in the Carrybacks. Generally, you can carry an
6) Trade associations. preceding discussion) is more than your other NOL back to the 2 tax years before the NOL
income for the year, you may have a net op- year and deduct it from income you had in
Fines and penalties. You cannot deduct erating loss (NOL). You may also have an those years. There are rules for figuring how
fines and penalties, except penalties for ex- NOL if you had a casualty or theft loss that much of the NOL is used in each tax year and
ceeding marketing quotas, discussed earlier. was more than your income. how much is carried to the next tax year.
If you have an NOL this year, you can These rules are explained in Publication 536.
carry it to other years and deduct it. You may The carryback period is 3 years for
be able to get a refund of all or part of the TIP the part of an NOL that:
income tax you paid for past years, or you
Losses From may be able to reduce your tax in future • Is from a casualty or theft, or
years.
Operating a Farm To determine if you have an NOL, com- • In the case of a farm business or
If your deductible farm expenses are more plete your tax return for the year. You may other qualified small business, is
than your farm income, you have a loss from have an NOL if a negative figure appears on attributable to a Presidentially
the operation of your farm. The amount of the line shown below. declared disaster.
that loss you can deduct when figuring your
taxable income may be limited. To figure you 1) Individuals—line 37 of Form 1040. As this publication was being pre-
deductible loss, you must apply the following 2) Estates and trusts—line 22 of Form ! pared for print, legislation was being
CAUTION considered that would allow an NOL
limits. 1041.
attributable to a farming business to be car-
1) The at-risk limits. 3) Corporations—line 30 of Form 1120 or ried back 5 years, effective for NOLs occur-
line 26 of Form 1120–A. ring in tax years beginning after 1997. For
2) The passive activity limits. more information about this and other impor-
If the amount on that line is zero or more, tant changes, get Publication 553, Highlights
The following discussions explain these limits. you do not have an NOL. of 1998 Tax Changes.
If your deductible loss after applying the There are rules that limit what you can
limits is more than your other income for the deduct and what you can include from gross Unless you choose to forgo the carryback
year, you may have a net operating loss. See income when figuring an NOL. These rules period, as discussed later, you must first carry
Net Operating Losses, later. are discussed in detail under How To Figure the entire NOL to the earliest carryback year.
an NOL in Publication 536. If your NOL is not used up, you can carry the
In general, these rules do not allow: rest to the next earliest carryback year, and
At-Risk Limits so on.
1) Exemptions, Refigure your deductions, credits, and tax
Rules that limit your deduction for losses ap-
ply to most business or income-producing for each of the years to which you carried
2) Capital losses in excess of capital gains,
activities. Farming is one of the activities back an NOL. If your refigured tax is less than
covered. The at-risk rules limit the loss you 3) The section 1202 exclusion of 50% of the tax you originally paid, you can apply for
can deduct when figuring your taxable in- the gain from the sale or exchange of a refund by filing Form 1040X, Amended U.S.
come. The deductible loss from an activity is qualified small business stock, Individual Income Tax Return for each year
limited to the amount you have at risk in the affected, or by filing Form 1045. You will
4) Nonbusiness deductions in excess of usually get a refund faster by filing Form
activity. nonbusiness income, and
You are generally at risk for: 1045, and you can use one Form 1045 to
5) Net operating loss deductions. apply an NOL to all carryback years.
1) The money and property you contribute
to an activity, and Example. Glenn Johnson is a dairy Carryovers. If you do not use up the NOL
farmer. He is single and has the following in- in the carryback years, carry forward what
2) The amounts borrowed for use in the come and deductions on his Form 1040 for remains of it to the 20 tax years following the
activity if: 1998. NOL year. Start by carrying it to the first tax
year after the NOL year. If you do not use it
a) You are personally liable for repay- INCOME up, carry over the unused part to the next
ment of the amounts borrowed, or Wages from part-time job .......................... $1,225 year. Continue to carry over any unused part
b) Your property not used in the ac- Interest on savings .................................... 425 of the NOL until you use it up or complete the
Net long-term capital gain 20-year carryforward period.
tivity secures the amounts bor- on sale of farm acreage ............................ 2,000
rowed. For an NOL occurring in a tax year
Glenn's total income ............................... $3,650
TIP beginning before August 6, 1997, the
You are not at risk, however, for amounts DEDUCTIONS carryforward period is 15 years.
borrowed for use in a farming activity from a
Net loss from farming business (income of
person who has an interest in the activity $67,000 minus expenses of $72,000) ....... $5,000 Forgoing the carryback period. You can
(other than as a creditor) or a person related Net short-term capital loss choose not to carry back your NOL. If you
to someone (other than you) having such an on sale of stock ......................................... 1,000 make this choice, you use your NOL only in
interest. For more information, see Publica- Standard deduction .................................... 4,250 the carryforward period. To make this choice,
tion 925. Personal exemption ................................... 2,700
attach a statement to your tax return for the
Glenn's total deductions ......................... $12,950 NOL year or to an amended return for the
Glenn's deductions exceed his income by NOL year filed within 6 months of the due
Passive Activity Limits $9,300 ($12,950 − $3,650). However, to fig- date of the return (excluding extensions). This
If you have a passive activity, special rules ure whether he has an NOL, he must modify statement must show that you are choosing
limit the loss you can deduct in the tax year. certain deductions. He can use Schedule A to forgo the carryback period under section
You generally can deduct losses from passive (Form 1045) to figure his NOL. 172(b)(3) of the Internal Revenue Code. For
activities only from income from passive ac- Glenn cannot deduct the following: more information about making the choice,
tivities. Credits are similarly limited. see Forgoing the carryback period under
A passive activity is generally any activity Nonbusiness net short-term capital loss ..... $1,000 When To Use an NOL in Publication 536.
involving the conduct of any trade or business Nonbusiness deductions
(standard deduction, $4,250) minus
in which you do not materially participate. Partnerships and S corporations. Partner-
nonbusiness income (interest, $425) .......... 3,825
Generally, a rental activity is a passive activ- Personal exemption ..................................... 2,700 ships and S corporations cannot use an NOL.
ity. But partners or shareholders can use their
Total adjustments to net loss .................. $7,525
For more information, see Publication 925. separate shares of the partnership's or S
Chapter 5 Farm Business Expenses Page 29
corporation's business income and business such as those for fertilizer, feed, insurance profit in 3 (or 2) out of the first 5 (or 7) years
deductions to figure their individual NOLs. premiums, utilities, wages, etc., belong in this you carry on the farming activity. If you show
category. 3 (or 2) years of profit at the end of this pe-
Category 3. Business deductions that riod, your deductions are not limited under
decrease the basis of property are allowed these rules. If you do not have 3 (or 2) years
Not-for-Profit Farming last, but only to the extent the gross income
from the activity is more than deductions you
of profit (and cannot otherwise show that you
operated your farm for profit), the limit applies
If you operate a farm for profit you can deduct take (or could take) for it under the first two retroactively to any year in the 5- (or 7-) year
all the ordinary and necessary expenses of categories. The deductions for depreciation, period you had a loss.
carrying on the business of farming on amortization, and the part of a casualty loss Filing Form 5213 automatically extends
Schedule F. However, if you do not carry on an individual could not deduct in category (1) the period of limitations on any year in the 5-
your farming activity, or other activity you en- belong in this category. Where more than one (or 7-) year period to 2 years after the due
gage or invest in, to make a profit, you report asset is involved, divide depreciation and date of the return for the last year of the pe-
the income from the activity on line 21 of these other deductions proportionally among riod. The period is extended only for de-
Form 1040 and you can deduct expenses of those assets. ductions of the activity and any related de-
carrying on the activity only if you itemize your ductions that might be affected.
deductions on Schedule A (Form 1040). Also, Individuals must claim the amounts in For more information on not-for-profit ac-
there is a limit on the deductions you can TIP categories (2) and (3) above as mis- tivities, see Not-for-Profit Activities in chapter
take. You cannot use a loss from that activity cellaneous deductions on Schedule 1 of Publication 535.
to offset income from other activities. A (Form 1040). They are subject to the
Activities you do as a hobby, or mainly for 2%-of-adjusted-gross-income limit. See Pub-
sport or recreation, come under these rules. lication 529 for more information on this limit.
So does an investment activity intended only
to produce tax losses for the investors. Partnerships and S corporations. If a
The limit on not-for-profit losses applies to
individuals, partnerships, estates, trusts, and
partnership or S corporation carries on a
not-for-profit activity, these limits apply at the 6.
S corporations. It does not apply to corpo- partnership or S corporation level. They are
rations other than S corporations. reflected in the individual stockholder's or
In determining whether you are carrying
on your farming activity for profit, all the facts
partner's distributive shares. Soil and Water
are taken into account. No one factor alone
is decisive. Among the factors to consider are
Presumption of profit. Your farming or Conservation
other activity is presumed to be carried on for
whether: profit if it produced a profit in at least 3 of the
last 5 tax years, including the current year.
Expenses
1) You operate your farm in a businesslike
manner, Activities that consist primarily of breeding,
training, showing, or racing horses are pre-
2) The time and effort you spend on farm- sumed to be carried on for profit if they
ing indicates you intend to make it prof-
itable,
produced a profit in at least 2 out of the last
7 tax years, including the current year. The
Introduction
activity must be the same for each year within If you are in the business of farming, you can
3) You depend on income from farming for choose to currently deduct your expenses for
this period. You have a profit when gross in-
your livelihood, soil or water conservation or for the pre-
come from an activity is more than the de-
ductions from that activity. vention of erosion of land used in farming.
4) Your losses are due to circumstances
If a taxpayer dies before the end of the Otherwise, these are capital expenses that
beyond your control or are normal in the
5-year (or 7-year) period, the period ends on must be added to the basis of the land. (See
start-up phase of farming,
the date of the taxpayer's death. chapter 7 for information on determining ba-
5) You change your methods of operation If your business or investment activity sis.) Conservation expenses for land in a for-
in an attempt to improve profitability, passes this 3- (or 2-) years-of-profit test, it is eign country do not qualify for this special
presumed to be carried on for profit. This treatment.
6) You make a profit from farming in some The deduction cannot be more than 25%
years and how much profit you make, means the limits discussed here do not apply.
You can take all your business deductions of your gross income from farming. See Limit
7) You, or your advisors, have the knowl- from the activity on Schedule F, even for the on Deduction, later.
edge needed to carry on the farming years that you have a loss. You can rely on Ordinary and necessary expenses that are
activity as a successful business, this presumption unless the IRS shows it is otherwise deductible are not soil and water
not valid. conservation expenses. These include inter-
8) You made a profit in similar activities in est and taxes, the cost of periodically clearing
the past, and If you fail the 3- (or 2-) years-of-profit test,
you may still be considered to operate your brush from productive land, the annual re-
9) You are carrying on the farming activity farm for profit by considering the factors listed moval of sediment from a drainage ditch, and
for personal pleasure or recreation. earlier. expenses paid or incurred primarily to
Using the presumption later. If you are produce an agricultural crop that may also
Limit on deductions and losses. If your starting out in farming and do not have 3 (or conserve soil.
activity is not carried on for profit, take de- 2) years showing a profit, you may want to To get the full deduction to which you
ductions only in the following order, only as take advantage of this presumption later, after are entitled, you should maintain your
far as stated in the three categories, and, if you have had the 5 (or 7) years of experience RECORDS records in a way that will clearly dis-
you are an individual, only if you itemize them allowed by the test. tinguish between your ordinary and neces-
on Schedule A (Form 1040). You can choose to do this by filing Form sary farm business expenses and your soil
Category 1. Deductions you can take for 5213. Filing this form postpones any deter- and water conservation expenses.
personal as well as for business activities are mination that your farming activity is not car-
allowed in full. For individuals, all nonbusi- ried on for profit until 5 (or 7) years have
ness deductions, such as those for mortgage passed since you first started farming. Form
interest, taxes, and casualty losses (see 5213 generally must be filed within 3 years Topics
chapter 13), belong in this category. For the after the due date of your return for the year This chapter discusses:
limits that apply to mortgage interest, see you first started farming. If you receive a no-
Publication 936, Home Mortgage Interest tice from a District Director proposing to dis- • Business of farming
Deduction. allow your farm loss, file this form within 60 • Plan certification
Category 2. Deductions that do not result days after receiving the notice.
in an adjustment to the basis of property are The benefit gained by making this choice • Conservation expenses
allowed next, but only to the extent your gross is that the IRS will not immediately question • Assessment by conservation district
income from the activity is more than the de- whether your farming activity is engaged in for
ductions you take (or could take) for it under profit. Accordingly, it will not limit your de-
• Limit on deduction
the first category. Most business deductions, ductions. Rather, you will gain time to earn a • Choosing to deduct
Page 30 Chapter 6 Soil and Water Conservation Expenses
• Sale of a farm if the practice is a part of an individual site Wetlands. Expenses to drain or fill wetlands
plan. are not deductible as soil and water conser-
• Comparable state agency plans. These vation expenses. These expenses are added
plans are approved by state agencies to the basis of the land.
and can be approved individual site plans
Business of Farming or county plans. Individual site plans can Center pivot irrigation. Expenses to pre-
You are in the business of farming if you cul- be obtained from NRCS offices and pare land for center pivot irrigation systems
tivate, operate, or manage a farm for profit, comparable agencies. are not deductible as soil and water conser-
either as owner or tenant. You are not farm- vation expenses. These expenses are added
ing if you cultivate or operate a farm for re- to the basis of the land.
creation or pleasure, rather than for profit.
You are also not farming if you are engaged Depreciable conservation assets. You
only in forestry or the growing of timber, such Conservation cannot deduct your expenses for depreciable
as growing Christmas trees or producing
maple syrup. Expenses conservation assets. There is, however, an
exception for an assessment for depreciable
Deductible conservation expenses are those property that a soil and water conservation
Farm defined. A farm includes stock, dairy, made for land that you or your tenant are or drainage district levies against your farm.
poultry, fish, fruit, and truck farms. It also in- using, or have used in the past, for farming. See Assessment for Depreciable Property,
cludes plantations, ranches, ranges, and or- They include, but are not limited to expenses later.
chards. A fish farm is an area where fish and for the following. You must capitalize direct expenses for
other marine animals are grown or raised and structures or facilities subject to an allowance
artificially fed, protected, etc. It does not in- 1) The treatment or movement of earth, for depreciation, such as depreciable
clude an area where they are merely caught such as: nonearthen items made of masonry or con-
or harvested. A plant nursery is a farm for crete. Expenses for depreciable property in-
purposes of deducting soil and water conser- a) Leveling,
clude those for materials, supplies, wages,
vation expenses. b) Conditioning, fuel, hauling, and moving dirt when making
c) Grading, structures such as tanks, reservoirs, pipes,
Farm rental. If you own a farm and receive conduits, canals, dams, wells, or pumps
farm rental payments based on farm pro- d) Terracing, composed of masonry, concrete, tile, metal,
duction, either in cash or crop shares, you are or wood. You recover your capital investment
in the business of farming. If you receive a e) Contour furrowing, and
through annual allowances for depreciation.
fixed rental payment not based on farm pro- f) Restoration of soil fertility. However, soil and water conservation ex-
duction, you are in the business of farming penses for nondepreciable earthen items
only if you materially participate in operating 2) The construction, control, and protection
of: such as earthen terraces and dams are
or managing the farm. See Landlord Partic- deductible.
ipation in Farming in chapter 15. a) Diversion channels, Water well. The cost of drilling a water
Example. You own a farm in Iowa and well for irrigation and other agricultural pur-
b) Drainage ditches,
live in California. You cash rent the farm for poses is a capital expense and not deductible
$125 an acre and do not materially participate c) Irrigation ditches, as a soil and water conservation expense.
in producing or managing production of the You recover your cost through depreciation.
d) Earthen dams, and You must also capitalize your cost for drilling
crops grown on the farm. You cannot deduct
your soil conservation expenses for this farm. e) Watercourses, outlets, and ponds. a test hole. If the test hole produces no water
You must capitalize the expenses and add and you continue drilling, the cost of the test
3) The eradication of brush. hole is added to the cost of the producing
them to the basis of the land.
4) The planting of windbreaks. well. You can recover the total cost through
If you get cash rental for a farm you own depreciation deductions.
that is not used in farm production, you can- If you choose to deduct soil and water If a test hole, dry hole, or dried-up well
not claim soil and water conservation ex-
penses for that farm.
! conservation expenses, you cannot
CAUTION exclude from gross income any cost-
(resulting from prolonged lack of rain, for in-
stance) is abandoned, you can deduct your
sharing payments you receive for those ex- unrecovered cost in the year of abandonment.
penses. See chapter 4 for information about Abandonment means that all economic ben-
excluding cost-sharing payments. efits from the well are terminated. For exam-
Plan Certification New farm or farm land. If you acquire a new
ple, filling or sealing a well excavation or
casing so that all economic benefits from the
You can deduct your expenses for soil and farm or new farm land from someone who well are terminated would be abandonment.
water conservation only if they are consistent was using it in farming immediately before
with a plan approved by the Natural Re- you acquired the land, soil and water con-
sources Conservation Service (NRCS) of the servation expenses you make on it will be
Department of Agriculture. If no such plan treated as made on land you previously used
exists, the expenses must be consistent with in farming. You can deduct soil and water Assessment by
a soil conservation plan of a comparable state conservation expenses for this land if your
agency to be deductible. use of it is substantially a continuation of its Conservation District
use in farming. The new farming activity does In some localities, a soil or water conservation
Conservation plans. A conservation plan not have to be the same as the old farming or drainage district incurs the expenses for
includes the farming conservation practices activity. For example, if you buy land that was soil or water conservation and levies an as-
approved for the area where your farm land used for grazing cattle and then prepare it for sessment against the farmers who benefit
is located. There are three types of approved use as an apple orchard, the expenses will from the expenses. You can include as a
plans. qualify. deductible conservation expense the part of
an assessment that:
• NRCS individual site plans. These Land not used for farming. If your conser-
plans are issued individually to farmers vation expenses benefit both land that does
who request assistance from NRCS to • You would have included if you had paid
not qualify as land used for farming and land it directly, or
develop a conservation plan designed that does qualify, you must allocate the ex-
specifically for their farm land. penses. For example, if the expenses benefit • Covers expenses for depreciable prop-
• NRCS county plans. These plans in- 200 acres of your land, but only 120 acres of erty used in the district's business.
clude a listing of farm conservation prac- this land are used for farming, then 60% (120
tices approved for the county where the ÷ 200) of the expenses are deductible. You You include the amount in the year you pay
farm land is located. Expenses for con- can use another method to allocate these or incur the assessment, depending on your
servation practices not included on the expenses if you can clearly show that your method of accounting, not the year the ex-
NRCS county plans are deductible only method is more reasonable. penses are paid or incurred by the district.
Chapter 6 Soil and Water Conservation Expenses Page 31
Table 6-1. Limits on Deducting an Assessment for Depreciable Property
Total Limit on Deduction for Assessment Yearly Limit on Deduction for Assessment Yearly Limit for All Conservation Expenses
amount you can include in one year is 10% expenses, any remaining assessment not yet
Assessment for of your deductible share of the cost. The re- included is added to the basis of the property.
Depreciable Property mainder of the assessment is included in
You can include as a deductible conservation equal amounts over the next 9 tax years.
Death of farmer during 9-year period. If the
expense part of an assessment levied against farmer dies during the 9-year period, any re-
you by a soil and water conservation or Example 1. This year, the soil conserva-
tion district levies an assessment of $2,400 maining assessment not yet included is in-
drainage district to pay for depreciable prop- cluded in the year of death.
erty. This includes items such as pumps, against your farm. Of the assessment, $1,500
locks, concrete structures including dams and is for digging drainage ditches. It is includible
weir gates, draglines, and similar equipment. as a soil or conservation expense as if you
The depreciable property must be used in the had paid it directly. The remaining $900 is for
depreciable equipment to be used in the dis-
district's soil and water conservation activities.
Special limits, discussed next, apply to these trict's irrigation activities. The total amount Limit on Deduction
assessments. assessed by the district against all its mem- The total deduction for deductible conserva-
bers for the depreciable equipment is $7,000. tion expenses in any tax year is limited to
The total amount you can include for the 25% of your gross income from farming for
Amount to include. The amount you can depreciable equipment is limited to 10% of the year.
include for any conservation district assess- the total amount assessed by the district
ment for depreciable property is subject to the against all its members for depreciable
following limits. equipment, or $700. The $200 excess ($900 Gross income from farming. Gross income
− $700) is a capital expense you must add to from farming is the income you derive in the
• The total amount you can include for the the basis of your farm. business of farming from the production of
assessment (whether one payment or To figure the maximum amount to include crops, fish, fruits, other agricultural products,
paid in installments) cannot exceed 10% for this year, multiply your deductible share or livestock. Gains from sales of livestock
of the total assessment against all mem- of the total assessment ($700) by 10%. Add held for draft, breeding, dairy, or sport are
bers of the district for the property. $500 to the result for a total of $570. Since included. Gains from sales of assets such as
the deductible assessment, $700, is greater farm machinery, or from the disposition of
• The maximum amount you can include than the maximum amount deductible in one land, are not included.
each year is 10% of your deductible
year, you can include only $70 of the as-
share of the cost + $500.
sessment for depreciable property this year Carryover of deduction. If your deductible
(10% of $700). The balance is included at the conservation expenses in any year are more
The amount you can include is added to rate of $70 a year over the next 9 years.
your other conservation expenses for the than 25% of your gross income from farming
You add $70 to the $1,500 portion of the for that year, you can carry the unused de-
year. The total for these expenses is then assessment for drainage ditches. You can
subject to the limit on the deduction discussed duction over to later years. However, the
include $1,570 of the $2,400 assessment as deduction in any later year is limited to 25%
later. See Table 6–1 for information on the a soil and water conservation expense this
limits. of the gross income from farming for that
year, subject to the limit on deduction dis- year, as well.
Total limit. You cannot include more than cussed later.
10% of the total amount assessed to all
members of the conservation district for the Example. In 1998, you have gross in-
Example 2. Assume the same facts in come of $16,000 from two farms. During the
depreciable property. This applies whether Example 1 except that $1,850 of the $2,400
you pay the assessment in one payment or year, you incurred $5,300 of deductible soil
assessment is for digging drainage ditches and water conservation expenses for one of
in installments. If your assessment is more and $550 is for depreciable equipment. The
than 10% of the total assessment, both the the farms. However, your deduction is limited
total assessed by the district against all its to 25% of $16,000, or $4,000. The $1,300
following rules apply. members for depreciable equipment is ($5,300 − $4,000) is carried over to 1999 and
$5,500. Your total deductible assessment for added to deductible soil and water conserva-
• The amount over 10% is a capital ex- the depreciable equipment is limited to 10% tion expenses made in that year. The total of
pense and is added to the basis of your of this amount, or $550. the 1998 carryover plus 1999 expenses is
land. The maximum deductible this year for the deductible in 1999, subject to the limit of 25%
• If the assessment is paid in installments, depreciable equipment is $555 (10% of your of your gross income from farming in 1999.
each payment must be prorated between total deductible assessment, $55, plus $500). Any expenses over the limit in that year are
the deductible amount and the capital Since the assessment for depreciable prop- carried to 2000 and later years.
expense. erty is less than the maximum deductible, you
can include the entire $550. The entire as- Net operating loss. The deduction for
Yearly limit. The maximum amount you sessment, $2,400, is deductible as a soil and soil and water conservation expenses is in-
can include in one year is the total of 10% of water conservation expense this year, subject cluded when figuring a net operating loss
your deductible share of the cost as explained to the limit on deduction, discussed later. (NOL) for the year. If the NOL is carried to
earlier, plus $500. If the assessment is equal another year, the soil and water conservation
to or less than the maximum amount, you can Sale or disposal of land during 9-year pe- deduction included in the NOL is not subject
include the entire assessment in the year it is riod. If you sell or dispose of the land during to the 25% limit in the year to which it is car-
paid. If the assessment is more, the maximum the 9-year period for deducting conservation ried.
Page 32 Chapter 6 Soil and Water Conservation Expenses
erty, or services. Your cost also includes
amounts you pay for sales tax, freight, instal-
Choosing To Deduct 7. lation, and testing. In addition, the basis of
real estate and business assets will include
You can choose to deduct soil and water other items. Basis generally does not include
conservation expenses on your tax return for
the first year you pay or incur these expenses. Basis of Assets interest payments.
If you choose to deduct them, you must de- Low- or no-interest loans. If you buy prop-
duct the total allowable amount in the year erty on any time-payment plan that charges
they are paid or incurred. If you do not deduct little or no interest, the basis of your property
the expenses, you must capitalize them. is your stated purchase price minus the
Introduction amount considered to be unstated interest.
Basis is the amount of your investment in You generally have unstated interest if your
Change of method. If you want to change property for tax purposes. Use the adjusted interest rate is less than the applicable federal
your method of treating soil and water con- basis of property to figure the amount of gain rate. See the discussion of unstated interest
servation expenses, or you want to treat the or loss on the sale, exchange, or other dis- in Publication 537.
expenses for a particular project or a single position of property. Also use it to figure the
farm in a different manner, you must get the deduction for depreciation, amortization, de-
approval of your IRS District Director. To get pletion, and casualty losses. You must keep Real Property
this approval, submit a written request by the accurate records of all items that affect the Real property, also called real estate, is land
due date of your return for the first tax year original basis of property so you can make and generally anything built on, growing on,
you want the new method to apply. You or these computations. or attached to land.
your authorized representative must sign the Your original basis in property is adjusted If you buy real property, certain fees and
request. (increased or decreased) by certain events. other expenses you pay are part of your cost
The request must include the following If you make improvements to the property, basis in the property.
information. increase your basis. If you take deductions for
depreciation or casualty losses, reduce your Real estate taxes. If you buy real property
• Your name and address. basis. and agree to pay certain taxes the seller owed
It is important to keep an accurate record on it, treat the taxes you pay as part of your
• The first tax year the method or change of your basis. Generally, the higher your ba- basis. You cannot deduct them as taxes.
of method is to apply. sis for an asset, the less gain you will have If you reimburse the seller for taxes the
to report on its sale. The higher your basis in seller paid for you, you usually can deduct
• Whether the method or change of method a depreciable asset, the higher your depreci- them as an expense in the year of purchase.
applies to all your soil and water conser- ation deductions. Do not include them in the property cost.
vation expenses or only to those for a
particular project or farm. If the method
or change of method does not apply to Topics Settlement costs. You can include in the
all your expenses, identify the project or This chapter discusses: basis of property you buy the settlement fees
farm to which the expenses apply. and closing costs that are for buying it. (A fee
• Cost basis is for buying property if you would have had
• The total expenses you paid or incurred to pay it even if you bought the property for
• Adjusted basis
in the first tax year the method or change cash.) You cannot include the fees and costs
of method is to apply. • Basis other than cost that are for getting a loan on the property.
• Uniform capitalization rules The following items are some of the
• A statement that you will account sepa- settlement fees or closing costs you can in-
rately in your books for the expenses to clude in the basis of your property.
which this method or change of method
relates. Useful Items • Abstract fees (sometimes called abstract
You may want to see: of title fees).
the straight line method when that class placed in service in the tax year of the Rules covering the use of the tables. The
method provides a greater deduction. election. Once you make the election, you following rules cover the use of the percent-
• The straight line method over fixed ADS cannot change it. age tables.
recovery periods.
1) You must apply the rates in the per-
ADS method. Although your property may
If you use the MACRS percentage centage tables to your property's unad-
come under GDS, you can elect to use ADS.
! tables, you do not need to determine
CAUTION in which year your deduction is
ADS uses the straight line method of depre-
justed basis.
ciation over fixed ADS recovery periods. The 2) You cannot use the percentage tables
greater using the straight line method. The ADS recovery periods for many assets used
tables have the switch to the straight line for a short tax year. See chapter 3 of
in the business of farming are listed in Table Publication 946 for information on how
method built into their rates. 8–1. Additional ADS recovery periods for to figure the deduction in a short tax
other classes of property may be found in the year.
For the specific method to use for a prop- Table of Class Lives and Recovery Periods
erty class, see the Depreciation Methods in Appendix B of Publication 946. 3) You must continue to use the tables for
Chart, later. Election. Make the election by complet- the entire recovery period even if there
For farm property placed in service before ing line 16, Part II of Form 4562. File Form are adjustments to the basis of your
1989 in the 3-, 5-, 7-, or 10-year class, you 4562 with your tax return by the due date property for the reasons listed below.
use the double (200%) declining balance (including extensions) for the year you placed
method over 3, 5, 7, or 10 years. For 15- or a) Depreciation allowed or allowable.
the property in service.
20-year property, you must use the 150% b) An addition or improvement to that
declining balance method over 15 or 20 The election of the ADS method for property that is depreciated as a
years.
! one item of property in a property
CAUTION class applies to all property in that
separate property.
Farming business. A farming business is class placed in service during the tax year of 4) You must stop using the tables if there
any trade or business involving cultivating the election. However, the election applies on is an adjustment to the basis of your
land or raising or harvesting any agricultural a property-by-property basis for residential property for any reason other than the
or horticultural commodity. A farming busi- rental and nonresidential real property. Once ones listed in (3) above.
ness includes any of the following. you make the election, you cannot change it.
Figuring unadjusted basis. You must
• Operating a nursery or sod farm. apply the table rates to your property's unad-
• Raising or harvesting crops. Depreciation Methods Chart justed basis each year of the recovery period.
Unadjusted basis is the amount you would
• Raising or harvesting trees bearing fruit, The following depreciation methods chart will use to figure gain on a sale but figured without
nuts, or other crops. help you determine the proper method to use taking into account any depreciation taken in
for a specific property class. The declining earlier years. However, you do reduce your
• Raising ornamental trees. (An evergreen balance method is shown as DB and the
tree is not considered an ornamental tree original basis by the following items that ap-
straight line method as SL. ply.
if it is more than 6 years old when it is
severed from its roots.) Depreciation Methods Chart
• Any amortization taken on the property.
• Raising, shearing, feeding, caring for, Method–
training, and managing animals. Recovery • Any section 179 deduction claimed on the
Property Class Period property.
Farming does not include processing 3, 5, 7, 10-Year 150% DB-GDS
commodities or products if the processing is • Any deduction claimed for clean-fuel ve-
(Farm) 150% DB-ADS*
not normally part of growing, raising, or har- hicle or clean-fuel vehicle refueling prop-
SL-GDS*
vesting these products. It does include proc- SL-ADS* erty.
essing activities that are normally part of 15, 20-Year 150% DB-GDS • Any qualified electric vehicle credit.
growing, raising, or harvesting agricultural (Farm) SL-GDS*
products. SL-ADS* The same rules apply for business prop-
3, 5, 7, 10-Year 200% DB-GDS erty you purchase during the tax year. The
Fruit or nut trees and vines. Depreciate (Nonfarm) 150% DB-ADS* unadjusted basis is its cost minus the items
trees and vines bearing fruit or nuts under SL-GDS* listed earlier.
GDS using the straight line method over a SL-ADS* If you trade property, your unadjusted ba-
10-year recovery period. 15, 20-Year 150% DB-GDS sis in the property received is the cash paid
(Nonfarm) SL-GDS* plus the adjusted basis of the property traded
ADS required for some farmers. If you SL-ADS* minus the items listed earlier.
elect not to apply the uniform capitalization Nonresidential Real Property SL-GDS The clean-fuel vehicle and clean-fuel ve-
rules to any plant produced in your farming Residential Rental Property hicle refueling property deductions and the
business, you must use ADS for all property Trees, Vines, or Bushes credit for electric vehicles are discussed in
you place in service in any tax year the Bearing Fruit or Nuts chapter 15 of Publication 535.
election is in effect. See chapter 7 for a dis- Tax-Exempt-Use Property SL-ADS Adjustment due to casualty loss. If you
cussion of the application of the uniform cap- Tax-Exempt Bond-Financed reduce the basis of your property because of
italization rules to farm property. Property a casualty, you cannot continue to use the
Imported Property
tables. For the year of adjustment and the rest
Foreign-Use Property
Declining balance method. To figure your (Used Outside U.S.) of the recovery period, figure the depreciation
MACRS deduction using the declining bal- using the property's adjusted basis at the end
*Elective Method
ance method, you can use the percentage of the year of adjustment.
Page 46 Chapter 8 Depreciation, Depletion, and Amortization
150% table applying the half-year con- Table 8-2. 150% Declining Balance Method
vention. Table 8–2 has the percentages for
3-, 5-, 7-, and 20-year property. The per- Year 3-Year 5-Year 7-Year 20-Year
centages are based on the 150% declining
1 25.0% 15.00% 10.71% 3.750%
balance method with a change to the straight
2 37.5 25.50 19.13 7.219
line method. This table covers only the half-
3 25.0 17.85 15.03 6.677
year convention and the first 8 years for
4 12.5 16.66 12.25 6.177
20-year property. See Appendix A in Publi- 5 16.66 12.25 5.713
cation 946 for complete MACRS tables, in- 6 8.33 12.25 5.285
cluding tables for the mid-quarter and mid- 7 12.25 4.888
month convention. 8 6.13 4.522
Example 1. This year, you buy and place
in service an item of 7-year property for After you have set up a general asset ac- • Sell, exchange, retire, physically aban-
$10,000. You do not elect a section 179 de- count, you generally figure the amount of de- don, or destroy it.
duction for this property. The unadjusted ba- preciation for each general asset account by
sis of the property is $10,000. You use the using the depreciation method, recovery pe- The retirement of a structural component of
percentage tables to figure your deduction. riod, and convention that applies to the prop- real property is not a disposal.
Since this is 7-year property, you multiply erty in the account. For each general asset The unadjusted depreciable basis and the
$10,000 by 10.71% to get this year's depre- account, record the depreciation allowance in depreciation reserve of the general asset ac-
ciation of $1,071. For next year, you figure a separate depreciation reserve account. count are not affected by your disposition of
your depreciation deduction by multiplying property from the general asset account.
$10,000 by 19.13% to get $1,913. Property you cannot include. You cannot You must remove from the general asset
include property in a general asset account if account any property you change to personal
Example 2. You have a barn constructed you use it in both a trade or business (or for use.
on your farm at a cost of $20,000. You place the production of income) and in a personal Unadjusted depreciable basis. The un-
the barn in service this year. The barn is activity in the tax year in which you first place adjusted depreciable basis of an item of
20-year property and you use the table per- it in service. property in a general asset account is the
centages to figure your deduction. You figure amount you would use to figure gain on the
this year's depreciation by multiplying sale of the property but figured without taking
$20,000 (unadjusted basis) by 3.75% to get How To Group Property in into account any depreciation taken in earlier
$750. For next year, your depreciation will be General Asset Accounts years.
$20,000 multiplied by 7.219%, or $1,443.80. Each general asset account must include only The unadjusted depreciable basis of a
property that you placed in service in the general asset account is the total of the un-
Straight line table applying the half-
same tax year and that has the following in adjusted depreciable bases of all of the
year convention. The following table has the
common. property in the account.
percentages for 3-, 5-, 7-, and 20-year prop-
For more information on general asset
erty. The percentages are based on the
• Asset class. accounts, see chapter 3 in Publication 946.
straight line method and apply for only the
half-year convention. The table only covers • Recovery period.
the first 8 years for 20-year property. See
Appendix A in Publication 946 for complete • Depreciation method.
MACRS tables, including tables for the mid-
quarter and mid-month convention.
• Convention. Listed Property
The following rules also apply when you If listed property is not used predominately
Year 3-Year 5-Year 7-Year 20-Year (more than 50%) in a qualified business use,
1 16.67% 10% 7.14% 2.5%
establish a general asset account.
as discussed in Predominant Use Test, later,
2 33.33% 20% 14.29% 5.0% the section 179 deduction is not allowable
3 33.33% 20% 14.29% 5.0% • No asset class. Property without an as-
4 16.67% 20% 14.28% 5.0% set class, but with the same depreciation and the property must be depreciated using
5 20% 14.29% 5.0% method, recovery period, and convention, ADS (straight line method) over the ADS re-
6 10% 14.28% 5.0% that you place in service in the same tax covery period. For more information on listed
7 14.29% 5.0% year, can be grouped into the same property that is leased, see chapter 4 in
8 7.14% 5.0% Publication 946.
general asset account.
A rule that pertains only to passenger au-
• Mid-quarter convention. Property sub- tomobiles limits your section 179 and depre-
Figuring MACRS deductions without the ject to the mid-quarter convention can
tables. If you are required to or would prefer ciation deductions. See Special Rules for
only be grouped into a general asset ac- Passenger Automobiles, later.
to figure your own depreciation without using count with property that is placed in ser-
the tables, see How To Figure the Deduction vice in the same quarter of the tax year.
Without Using the Tables in chapter 3 of
Publication 946. • Mid-month convention. Property sub- Listed Property Defined
ject to the mid-month convention can only Listed property is any of the following.
be grouped into a general asset account
Dispositions with property that is placed in service in
If you dispose of depreciable property at a
• Any passenger automobile (defined
the same month of the tax year. later).
gain, you may have to report, as ordinary in-
come, all or part of the gain. See chapter 11. • Passenger automobiles. Passenger • Any other vehicle used for transportation.
automobiles subject to the limits on pas-
senger automobile depreciation must be • Any property of a type generally used for
General Asset Accounts grouped into a separate general asset entertainment, recreation, or amusement.
To make it easier to figure MACRS depreci- account. • Any computer and related peripheral
ation, you can group separate properties into equipment unless it is used only at a
one or more general asset accounts. You can Dispositions and Conversions regular business establishment and
then depreciate all of the properties in each owned or leased by the person operating
Property in a general asset account is con-
account as a single item of property. Each the establishment.
sidered disposed of when you do any of the
account can include only property with similar
following. • Any cellular telephone (or similar tele-
characteristics, such as asset class and re-
covery period. Some property cannot be in- communication equipment).
cluded in a general asset account. There are
• Permanently withdraw it from use in your
trade or business or from the production
additional rules for passenger automobiles, Other vehicles used for transportation.
of income.
disposing of property, converting property to This includes trucks, buses, boats, airplanes,
personal use, and property that generates • Transfer it to a supplies, scrap, or similar motorcycles, and other vehicles used for
foreign source income. account. transporting persons or goods.
Chapter 8 Depreciation, Depletion, and Amortization Page 47
Vehicles that are not listed property. August 5, 1997, for automobiles that run on How long to keep records. For listed prop-
The following vehicles, because of their de- clean fuel. erty, you must keep records for as long as
sign, are unlikely to be used very often for For the first exception, determine the any excess depreciation can be recaptured
personal purposes. They are not listed prop- maximum depreciation deduction you can (included in income).
erty. claim for a clean-fuel vehicle by the date you Recapture can occur in any tax year of the
place it in service. The maximum deductions ADS recovery period.
• Tractors and other special purpose farm for 1998, based on the year placed in service, For more information on records, see
vehicles. are: chapter 4 in Publication 946.
• Bucket trucks (cherry pickers), dump Maximum Depreciation Deduction
trucks, flatbed trucks, and refrigerated for Clean-Fuel Vehicles
trucks. 4th
• Combines, cranes and derricks, and
Year Depletion
Year Placed 1st 2nd 3rd and Depletion is the using up of natural resources
forklifts. in Service Year Year Year Later
by mining, quarrying, drilling, or felling. The
• Passenger buses with a capacity of at 1998 ..................... $9,380 $15,000 $8,950 $5,425 depletion deduction allows an owner or oper-
least 20 passengers that are used as 1997 .................................. 15,100 9,050 5,425 ator to account for the reduction of a product's
passenger buses. For clean-fuel vehicles you place in ser- reserves.
vice during 1998, your depreciation, including
the section 179 deduction, cannot be more Economic interest. If you have an economic
Predominant Use Test than $9,380 for 1998 (the first tax year of the interest in mineral property or standing timber,
Listed property meets the predominant use recovery period). For 1999 (second year of you can take a deduction for depletion. More
test for any tax year if its business use is more recovery), you are limited to a depreciation than one person can have an economic in-
than 50% of its total use. You must allocate deduction of $15,000, and for 2000 (third year terest in the same mineral deposit or timber.
the use of any item of listed property used for of recovery), $8,950. The maximum depreci- You have an economic interest if both of
more than one purpose during the tax year ation in each succeeding tax year will be the following apply.
among its various uses. You cannot use the $5,425.
percentage of investment use of listed prop- The second exception, is for any costs 1) You have acquired by investment a legal
erty as part of the percentage of qualified you pay to retrofit parts and components to interest in mineral deposits or standing
business use to meet the predominant use modify an automobile to run on clean fuel. timber.
test. However, you do use the combined total These costs are not subject to the limits on 2) You have the right to income from the
of business and investment use to figure your depreciation for automobiles. Only the cost extraction of the mineral or the cutting
depreciation deduction for the property. of the automobile, excluding this modification, of the timber to which you must look for
is subject to the limit. a return of your capital investment.
Property does not stop being For more information on clean-fuel vehi-
TIP predominately used in a qualified cles, see chapter 15 in Publication 535, A contractual relation you have that allows
business use because of a transfer Business Expenses. you an economic or monetary advantage from
at death.
products of the mineral deposit or standing
Fully depreciated automobile. If you have timber is not, in itself, an economic interest.
fully depreciated a car you are still using in A production payment carved out of, or re-
Special Rules for Passenger your business, you can continue to claim your tained on the sale of, mineral property is not
Automobiles other operating expenses for the business an economic interest.
For passenger automobiles, the total depre- use of your car. Continue to keep records, as The term “mineral property” means each
ciation deduction (including the section 179 explained later. separate interest you own in each mineral
deduction) you can claim is limited. deposit in each separate tract or parcel of
Passenger automobile defined. A passen- land. You can treat mineral properties sepa-
ger automobile is any four-wheeled vehicle rately or as a group. See section 614 of the
Maximum deductions for 1998. Determine Internal Revenue Code for rules on how to
the maximum depreciation deduction (includ- made primarily for use on public streets,
roads, and highways and rated at 6,000 treat separate properties.
ing section 179) you can claim for a passen- The term “timber property” means your
ger automobile by the date you place it in pounds or less of unloaded gross vehicle
weight (6,000 pounds or less of gross vehicle economic interest in standing timber in each
service. The maximum deductions for 1998 tract or block representing a separate timber
are: weight for trucks and vans). It includes any
part, component, or other item physically at- account.
Maximum Depreciation Deduction tached to the automobile or usually included
in the purchase price of an automobile. For Figuring depletion. There are two ways of
4th more information on passenger automobiles, figuring depletion: cost depletion and per-
Year see Publication 463. centage depletion. For mineral property, you
Year Placed 1st 2nd 3rd and generally must use the method that gives you
In Service Year Year Year Later the larger deduction. For standing timber,
1998 $3,160 $5,000 $2,950 $1,775 What Records Must Be Kept you must use cost depletion.
1997 5,000 3,050 1,775 To figure the deduction, first determine the
1996 2,950 1,775 You cannot take any depreciation or total number of units that can be recovered.
1995 1,675 section 179 deduction for the use of This number of recoverable units can be
1994 1,675 RECORDS listed property (including passenger
measured in tons, barrels, board feet, etc.,
1993 1,675 automobiles) unless you can prove business and is determined using the existing methods
Pre–1993 1,575 and investment use with adequate records for the particular industry.
For automobiles placed in service during or sufficient evidence to support your own
1998, the depreciation deduction, including statements. Cost depletion. Figure cost depletion by di-
the section 179 deduction, cannot be more viding the property's basis for depletion by the
than $3,160 for 1998 (the first tax year of the Adequate records. To meet the adequate total recoverable units in the property's na-
recovery period). For 1999 and 2000 (second records requirement, you must maintain an tural deposit. (Basis for depletion and recov-
and third tax years), the depreciation de- account book, diary, log, statement of ex- erable units are explained in chapter 13 of
duction will be limited to $5,000 and $2,950, pense, trip sheet, or similar record or other Publication 535.) The result is the rate per
respectively. The maximum will be $1,775 in documentary evidence that, together with the unit. Multiply the rate per unit by the number
each succeeding tax year. receipt, is sufficient to establish each element of units sold during the tax year. Units sold
You must reduce these limits further if of an expenditure or use. You do not have to are determined by one of the following meth-
your business/investment use is less than record information in an account book, diary, ods.
100%. or similar record if the information is already
Exceptions for clean-fuel vehicles. shown on the receipt. However, your records 1) The units sold based on your invento-
There are two exceptions to the depreciation should back up your receipts in an orderly ries, during the tax year, if you use the
limits. These exceptions are effective after manner. accrual method of accounting.
Page 48 Chapter 8 Depreciation, Depletion, and Amortization
2) The units sold for which you receive Percentage depletion. You can use per- (contractual or otherwise) of its employ-
payment, during the year (regardless of centage depletion on certain mines, wells, ment.
the year of sale), if you use the cash and other natural deposits. You cannot use
method of accounting. the percentage method to figure depletion for 4) Business books and records, operating
standing timber, soil, sod, dirt, or turf. systems, or any other information base,
The number of units sold during the tax Figure percentage depletion by multiplying including lists or other information con-
year does not include any units on which de- the percentage for each mineral by your gross cerning current or prospective custom-
pletion deductions were allowed or allowable income from the property during the tax year. ers.
in earlier years. See Mines and other natural deposits in 5) A patent, copyright, formula, process,
Cost depletion on ground water of chapter 13 of Publication 535 for a list of the design, pattern, know-how, format, or
Ogallala Formation. Farmers who extract percentages. similar item.
ground water from the Ogallala Formation for Taxable income limit. The depletion
irrigation are allowed cost depletion. Cost deduction under this method cannot be more 6) A customer-based intangible.
depletion is allowed when it can be demon- than 50% (100% for oil and gas property) of
strated the ground water is being depleted 7) A supplier-based intangible.
your taxable income from the property figured
and the rate of recharge is so low that, once without the depletion deduction. 8) Any item similar to items (3) through (7).
extracted, the water is lost to the taxpayer and Taxable income. The following rules ap-
immediately succeeding generations. ply when figuring your taxable income from 9) A license, permit, or other right granted
For tax years ending before December 13, the property for purposes of the taxable in- by a governmental unit or agency (in-
1982, those extracting ground water for irri- come limit. cluding renewals).
gation farming from areas in the Ogallala
Formation outside the Southern High Plains 1) Do not deduct any net operating loss 10) A covenant not to compete entered into
were not required to reduce their basis in deduction from the gross income from in connection with the acquisition of an
ground water by any allowable cost depletion the property. interest in a trade or business.
that was not claimed. 2) Corporations do not deduct charitable 11) A franchise, trademark, or trade name
Timber depletion. You can take de- contributions from the gross income from (including renewals).
pletion on timber (including Christmas trees) the property.
only if you cut it yourself or have it cut for you. You cannot amortize any intangible
To figure timber depletion, you multiply the
number of units of standing timber cut by your
3) If, during the year, you disposed of an
item of section 1245 property which had
! listed in items (1) through (8) that you
CAUTION created, unless you created it in con-
depletion unit. been used in connection with the prop- nection with the acquisition of assets consti-
Figure your depletion unit by doing the erty, reduce any allowable deduction for tuting a trade or business or a substantial part
following. mining expenses by the part of any gain of a trade or business.
you must report as ordinary income that
1) Determine your cost or the adjusted ba- is allocable to the property. See section
sis of the timber on hand at the begin- Assets that are not section 197 intangi-
1.613–5(b)(1) of the Income Tax Regu-
ning of the year. bles. The following assets are not section
lations for information on how to figure
197 intangibles.
the ordinary gain allocable to the prop-
2) Add to the amount determined in (1) the
erty. 1) Any interest in land.
cost of any units acquired during the
year and any additions to capital.
More information. For more information on 2) Most computer software (see Computer
3) Figure the number of units to take into depletion, see chapter 13 in Publication 535. software, later).
account by adding the units acquired
during the year to the units on hand in 3) An interest under either:
the account at the beginning of the year a) An existing lease or sublease of
and then adding (or subtracting) any
correction to the estimate of the units
Amortization tangible property, or
remaining in the account. You may be able to amortize and deduct each b) A debt that was in existence when
year a part of certain capital expenses. the interest was acquired.
4) Divide the result of (2) by the result of Amortization allows you to recover these ex-
(3). This is your depletion unit. penses in a manner similar to straight line Computer software. Section 197 intan-
depreciation. See chapter 12 in Publication gibles do not include computer software that
Generally, you can deduct depletion only in 535 for more information on the following is:
the tax year that the products (such as logs, topics.
cordwood, and lumber) from the timber are 1) Readily available for purchase by the
sold. The number of units sold will depend general public,
on your accounting method, discussed in Section 197 Intangibles
chapter 3. You should include the depletion You must amortize over 15 years the capital- 2) Subject to a nonexclusive license, and
that you cannot deduct for that year in the ized costs of “section 197 intangibles” you
closing inventory on those products. 3) Not substantially changed.
acquired after August 10, 1993. Section 197
Form T. Attach Form T to your income intangibles are defined later. You must Software not acquired in the acquisition of a
tax return if you are claiming a deduction for amortize these costs if you hold the section substantial part of a business is not a section
timber depletion. 197 intangible in connection with your trade 197 intangible.
or business or in an activity engaged in for the If you are allowed to depreciate any com-
Example. Sam Brown bought a farm that
production of income. Your deduction each puter software that is not a section 197 in-
included standing timber. This year Sam de-
year is the part of the adjusted basis (for tangible, use the straight line method with a
termined that the standing timber could
purposes of determining gain) of the intangi- useful life of 36 months.
produce 300,000 units when cut. At that time,
ble amortized ratably over a 15-year period, For more information on depreciation of
the adjusted basis of the standing timber was
beginning with the month acquired. You are computer software, see Computer software
$24,000. Sam then cut and sold 27,000 units.
not allowed any other depreciation or amorti- under Intangible Property, earlier.
Sam did not elect to treat the cutting of the
zation deduction for a section 197 intangible.
timber as a sale or exchange. Sam's de-
pletion for each unit for the year is $.08 Costs associated with non-section 197 in-
($24,000 ÷ 300,000). His deduction for de- Section 197 Intangibles Defined tangibles. Amounts you take into account in
pletion is $2,160 (27,000 × $.08). If Sam had The following assets are section 197 intangi- determining the cost of non-section 197
cut 27,000 units but sold only 20,000 units bles. property are not considered section 197 in-
during the year, his depletion for each unit tangibles. These amounts are added to the
would have remained at $.08. However, his 1) Goodwill. basis of the real property. For example, none
depletion deduction would have been $1,600 of the costs of acquiring real property held for
2) Going concern value.
for this year and he would have included the the production of rental income are consid-
balance of $560 (7,000 × $.08) in the closing 3) Workforce in place, including its compo- ered goodwill, going concern value, or any
inventory for the year. sition and the terms and conditions other section 197 intangible.
Chapter 8 Depreciation, Depletion, and Amortization Page 49
Dispositions • Depreciation on equipment used in must do so by removing, changing, disposing,
planting and seeding. storing, or preventing the creation or emission
A section 197 intangible is treated as depre-
of pollutants, contaminants, wastes, or heat.
ciable property used in your trade or busi- If the government reimburses you for ex- The facility must be certified by the state and
ness. If you dispose of property held for more penses under a cost-sharing program, you federal certifying authorities. Examples of
than one year, any gain on the disposition, can amortize these expenses only if you in- such a facility include septic tanks and
up to the allowable amortization, is ordinary clude the reimbursement in your income. manure-control facilities.
income (section 1245 gain). Any remaining
For information regarding certification
gain or loss is a section 1231 gain or loss. If
Qualified timber property. Qualified timber procedures, see section 1.169–2(c) of the In-
you held the property one year or less, any
property can be a woodlot or other site that come Tax Regulations.
gain or loss on its disposition is an ordinary
you own or lease. To qualify, the property The federal certifying authority will not
gain or loss. For more information, see
must meet all of the following requirements. certify your property to the extent it appears
chapter 2 in Publication 544.
you will recover (over the property's useful
If you acquire more than one section 197 1) It must be located in the United States. life) all or part of its cost from the profit based
intangible in a transaction (or series of related
2) It must be held for the growing and cut- on its operation (such as through sales of re-
transactions) and later dispose of one of them
ting of timber you will either use in, or covered wastes). You must then reduce the
or one of them becomes worthless, you can-
sell for use in the commercial production amortizable basis of the facility. For more in-
not recognize any loss on the intangible. In-
of timber products. formation, see section 169 of the Internal
stead, increase the adjusted basis of each
Revenue Code and the related regulations.
remaining amortizable section 197 intangible 3) It must consist of at least one acre
by part of the loss not recognized. planted with tree seedlings in the man- Example. This year, you purchase a new
ner normally used in forestation or $7,500 manure control facility for use on your
Anti-Churning Rules reforestation. dairy farm. The farm has been in operation
since you bought it in 1976 and all of the dairy
You cannot amortize certain section 197 in- plant was in operation before that date. You
Qualified timber property does not include
tangibles over 15 years. have no intention of recovering the cost of the
property on which you have planted shelter
Special rules prevent you from converting facility through sale of the waste and a federal
belts and ornamental trees, such as Christ-
section 197 intangibles from property that certifying authority has so certified.
mas trees.
does not qualify for amortization to property Your manure control facility qualifies for
that would qualify for amortization. You can- amortization. You can choose to amortize its
not use 15-year amortization for goodwill, Maximum annual amortization. The maxi-
mum annual deduction for expenses incurred cost over 60 months. Otherwise, you can
going concern value, or any intangible for
which you cannot claim a depreciation or in any tax year is $1,428.57 ($10,000 ÷ 7). capitalize the cost and depreciate the facility.
amortization deduction that would not have The maximum deduction in the first and last
been allowable before August 10, 1993, to years of the 84-month period is (1/2) one half
amortizable property. of $1,428.57 or $714.29.
Estates. The reforestation deduction is
available to estates in the same manner as Going Into Business
Anti-Abuse Rule to individuals. The deduction is divided be- When you go into business, treat all costs you
You cannot amortize any section 197 intan- tween the income beneficiary and the estate incur to get your business started as capital
gible acquired in a transaction in which either based on the income of the estate allocable expenses. Capital expenses are a part of your
of the following was a principal purpose of the to each. A beneficiary must include any allo- basis in the business. Generally, you recover
transaction. cated amount as part of his or her limit. costs for particular assets through depreci-
Trusts. Trusts are not allowed the ation deductions. However, you generally
1) To avoid the requirement that the intan- reforestation deduction. cannot recover other costs until you sell the
gible be acquired after August 10, 1993. business or otherwise go out of business.
Investment credit. Reforestation expenses
2) To avoid any of the anti-churning rules.
eligible to be amortized qualify for the invest- Business start-up costs. Start-up costs are
ment credit, whether or not they are amor- costs for setting up an active trade or busi-
Reforestation Expenses tized. See chapter 9. ness or investigating the possibility of creating
You can elect to amortize part of your qual- or acquiring an active trade or business.
How to elect amortization. To make this Start-up costs include any amounts paid or
ified timber property reforestation expenses.
election, attach Form 4562 to your income tax incurred in connection with any activity en-
Qualifying expenses you have during the tax
return and enter the deduction in Part VI of gaged in for profit and for the production of
year are set up as an amortizable basis for
that form. Also, attach a statement to Form income before the trade or business begins,
the tax year and amortized over an 84-month
4562 that describes the expenses and pro- in anticipation of the activity becoming an
period.
vides the dates you incurred them. Show the active trade or business.
type of timber being grown and the purpose For more information, see Going Into
Annual limit. Each year you can elect to for which it is grown. Attach a separate Business in chapter 12 of Publication 535.
amortize up to $10,000 ($5,000 if you are statement for each property for which you
married filing separate returns) of qualified amortize reforestation expenses. You can
expenses you pay or incur during the tax make the election only on a timely filed return
year. You cannot carry over or carry back (including extensions) for the tax year in
qualifying expenses in excess of the annual which you incurred the expenses.
limit. If you incur more than $10,000 in ex-
penses for more than one piece of timber Recapture. If you dispose of qualified timber 9.
property, you can divide the annual limit property within 10 years after the tax year you
among the properties in any manner you
wish.
create an amortizable basis in the property,
report any gain as ordinary income up to the General
amount of the amortization taken.
Qualifying expenses. Qualifying expenses
include only those costs you must capitalize
Business Credit
and include in the adjusted basis of the Pollution Control Facilities
property. Costs you can deduct currently are You can elect to amortize over 60 months the
not qualifying expenses. Qualifying costs in- cost of a certified pollution control facility.
clude costs for the following items.
Important Changes
Certified pollution control facility. A certi-
• Site preparation. fied pollution control facility is a new identifi- for 1998
• Seeds or seedlings. able treatment facility used in connection with
a plant or other property in operation before Carrybacks and carryforwards. The peri-
• Labor.
1976 to reduce or control water or atmo- ods to which you carry any excess current
• Tools. spheric pollution or contamination. The facility year general business credit have been
Page 50 Chapter 9 General Business Credit
changed. For a credit occurring in tax years Tentative Refund 2) 25% of your net regular tax liability that
beginning after 1997, the carryback period is is more than $25,000.
m 3468 Investment Credit
reduced to one year and the carryforward
period is increased to 20 years. See m 3800 General Business Credit Net income tax. Your net income tax is
Carrybacks and Carryforwards, later. your net regular tax liability plus any alterna-
m 4255 Recapture of Investment Credit tive minimum tax.
Welfare-to-work credit. You may be able to m 4626 Alternative Minimum Net regular tax liability. Your net regular
claim the new welfare-to-work credit for cer- Tax–Corporations tax liability is your regular tax liability minus
tain individuals who begin working for you certain credits. For more information, see
m 6251 Alternative Minimum Form 3800 or any of the credit forms listed
after 1997. See Form 8861.
Tax–Individuals under Introduction, earlier.
m 8582–CR Passive Activity Credit Tentative minimum tax. You must figure
Limitations your tentative minimum tax before you figure
Introduction See chapter 21 for information about get-
your general business credit. Use Form 6251
(Form 4626 for a corporation) to figure your
Your general business credit for the year ting these publications and forms. tentative minimum tax.
consists of your carryforward of business
credits from prior years plus your total current Example. Your general business credit
year business credits. Current year business for the year is $30,000. Your net income tax
credits include the following credits.
How To Claim is $27,500. Your tentative minimum tax, fig-
ured on Form 6251, is $18,487. The general
• Alcohol used as fuel credit (Form 6478). the Credit business credit you can take for the tax year
is limited to $9,013. This is your net income
• Contributions to selected community de- To claim a general business credit, you will
velopment corporations credit (Form tax, $27,500, minus the larger of your tenta-
first need to get the form or forms you need tive minimum tax, $18,487, or 25% of your
8847). to claim your current year business credits. net regular tax liability that is more than
• Disabled access credit (Form 8826). The introduction to this chapter contains a list $25,000 (25% of $2,500 = $625).
of current year business credits. The form to
• Employer social security and Medicare claim each credit is shown in parentheses.
taxes paid on certain employee tips credit Married persons filing separate returns.
In addition to the credit form, you may also If you are married and file a separate return,
(Form 8846).
need to file Form 3800. See the next dis- you and your spouse must each figure your
• Empowerment zone employment credit cussion to decide whether you need to file credit limit separately. In figuring your sepa-
(Form 8844). Form 3800. rate limit, use $12,500 instead of $25,000.
• Enhanced oil recovery credit (Form However, if one spouse has no credit for the
8830). Who must file Form 3800. You must file tax year and no carryforwards or carrybacks
Form 3800 if any of the following apply. of any credit to that year, the other spouse
• Increasing research activities credit for can use the full $25,000 in figuring the limit
qualified research expenses (Form • You have more than one of the credits based on the separate tax.
6765). listed earlier (other than the empower-
• Indian employment credit (Form 8845). ment zone employment credit). Rule for carrybacks and carryforwards. In
• You have a carryback or carryforward of general, you can carry the unused portion of
• Investment credit (Form 3468).
your credit back one tax year and then for-
any of these credits (other than the em-
• Low-income housing credit (Form 8586). powerment zone employment credit). ward to your next 20 tax years to reduce your
• Orphan drug credit (Form 8820). tax in those years. First, carry the unused
• Any of these credits (other than the low- portion to your last tax year. Any unused
• Renewable electricity production credit income housing credit or the empower- credit that you could not take in the prior tax
(Form 8835). ment zone employment credit) is from a year can be carried forward to the next 20 tax
passive activity. (For information about years until it is used up.
• Welfare-to-work credit (Form 8861). passive activity credits, get Form
• Work opportunity credit for qualified em- 8582–CR.) For a credit that occurred in tax years
ployees (Form 5884). TIP before 1998, the carryforward period
Claiming the empowerment zone employ- is 15 years.
In addition, your general business credit ment credit. The empowerment zone em-
for the current year may be increased later ployment credit is subject to special rules. There are generally limits on the carryback
by the carryback of business credits from later The credit is figured separately on Form 8844 of a new credit to periods before the
years. and is not carried to Form 3800. For more enactment of the credit provision. See the
If you need more information about these information, see the instructions for Form instructions for Form 3800 for more informa-
credits than you find in this chapter, see the 8844. tion on these limits.
instructions for the forms listed above. Credits must be used in the order in which
they are earned.
Topics
1) First, for any tax year, use your credit
This chapter discusses: Carrybacks and carryforward (earliest year first).
• How to claim the credit Carryforwards 2) Next, use the current year's credit.
• Carrybacks and carryforwards The following discussion does not 3) Finally, use your credit carrybacks (ear-
• Investment credit !
CAUTION
apply to the empowerment zone em-
ployment credit.
liest year first).
They can take place at any time you have the any additional identification necessary to ver- is reported on Schedule F. See chapter 4.
commodity under production, have it on hand ify the application of the accounting method
for sale, or reasonably expect to have it on you used for the transaction. You must make Holding period. The sale or exchange of
hand. the additional identification no more than 35 livestock used in your farm business qualifies
The gain or loss on the termination of days after entering into the hedging trans- as a section 1231 transaction if you held the
these hedges is generally ordinary gain or action. livestock for 12 months or more (24 months
loss. Farmers who file their income tax re- or more for horses and cattle).
turns on the cash method report any profit or Example of a hedging transaction. You file
loss on the hedging transaction on line 10 of your income tax returns on the cash method. Livestock. For purposes of section 1231,
Schedule F. On July 2, 1998, you anticipate a yield of livestock includes cattle, hogs, horses, mules,
Moreover, the gain or loss on transactions 50,000 bushels of corn this crop year. The donkeys, sheep, goats, fur-bearing animals
that hedge the purchase of a noninventory present December futures price is $2.75 a (such as mink), and other mammals (see
supply (for example, animal feed) may be or- bushel, but there are indications that by har- chapter 11). Livestock does not include
dinary. If a business sells only a negligible vest time the price will drop. To protect your- chickens, turkeys, pigeons, geese, emus,
amount of a noninventory supply, a trans- self against a drop in the sales price of your ostriches, rheas, or other birds, fish, frogs,
action to hedge the purchase of that supply corn inventory, you enter into the following reptiles, etc.
is treated as a hedging transaction if it oc- hedging transaction. You sell 10 December Livestock used in farm business. If
curred after July 17, 1994. Ordinary gain or futures contracts of 5,000 bushels each for a livestock is held primarily for draft, breeding,
loss treatment is also available for certain total of 50,000 bushels of corn at $2.75 a dairy, or sporting purposes, it is used in your
hedges of the purchase of noninventory sup- bushel. farm business. The purpose for which an
plies that occurred in a tax year that ended The price did not drop as anticipated but animal is held ordinarily is determined by a
before July 18, 1994, and that, as of Sep- rose to $3 a bushel. In November, you sell farmer's actual use of the animal. An animal
tember 1, 1994, was still open for assessment your crop at a local elevator for $3 a bushel. is not held for draft, breeding, dairy, or sport-
of tax. You also close out your futures position by ing purposes merely because it is suitable for
If you have numerous transactions in buying 10 December contracts for $3 a that purpose, or because it is held for sale to
the commodity futures market during bushel. You paid a broker's commission of other persons for use by them for that pur-
RECORDS the year, you must be able to show
$700 ($70 per contract) for the complete in pose.
which transactions are hedging transactions. and out position in the futures market.
The result is that the price of corn rose 25 Example 1. You discover an animal that
Clearly identify a hedging transaction on your
cents a bushel and the actual selling price is you intend to use for breeding purposes is
books and records before the end of the day
$3 a bushel. Your loss on the hedge is 25 sterile. You dispose of it within a reasonable
you entered into the transaction. It may be
cents a bushel. In effect, the net selling price time. This animal was held for breeding pur-
helpful to have separate brokerage accounts
of your corn is $2.75 a bushel. poses.
for your hedging and speculation trans-
actions. Report the results of your futures trans-
actions and your sale of corn separately on Example 2. You retire and sell your entire
Schedule F. herd, including young animals that you would
The identification must not only be on, and have used for breeding or dairy purposes had
retained as part of, your books and records The loss on your futures transactions is
$13,200, figured as follows: you remained in business. These young ani-
but must specify both the hedging transaction mals were held for breeding or dairy pur-
and the item, items, or aggregate risk that is July 2, 1998—Sold Dec. corn futures poses. Also, if you sell young animals to re-
being hedged. The identification of the 50,000 bu. @$2.75 .................................. $137,500 duce your breeding or dairy herd because of,
hedged item, items, or risk must be made no Nov. 6, 1998—Bought Dec. corn futures for example, drought, these animals are
more than 35 days after entering into the 50,000 bu. @$3 (plus broker's commis- treated as having been held for breeding or
hedging transaction. These rules apply to sion) ......................................................... 150,700
Futures loss ........................................... ($13,200) dairy purposes.
hedging transactions entered into after 1993,
or hedging transactions entered into before This loss is reported as a negative figure on Example 3. You are in the business of
1994 and remaining in existence on March line 10, Part I of Schedule F. raising hogs for slaughter. Customarily, be-
31, 1994. The proceeds from your corn sale at the fore selling your sows, you obtain a single
For more information on the tax treatment local elevator are $150,000 (50,000 bu. × $3). litter of pigs that you will raise for sale. You
of futures and options contracts, see Com- Report it on line 4, Part I of Schedule F. sell the brood sows after obtaining the litter.
modity Futures and Section 1256 Contracts Assume you were right and the price went Even though you hold these brood sows for
Marked to Market in Publication 550. down 25 cents a bushel. In effect, you would ultimate sale to customers in the ordinary
still net $2.75 a bushel, figured as follows: course of your business, they are considered
Accounting methods for hedging trans- to be held for breeding purposes.
actions. Hedging transactions must be ac- Sold cash corn, per bushel ............................ $2.50
counted for under special rules if you use an Gain on hedge, per bushel ............................ .25 Example 4. You are in the business of
$2.75 raising registered cattle for sale to others for
accounting method other than the following
methods. The gain on your futures transactions would use as breeding cattle. It is the business
have been $11,800, figured as follows: practice to breed the cattle before sale to es-
1) Cash method. tablish their fitness as registered breeding
July 2, 1998—Sold Dec. corn futures cattle. Your use of the young cattle for
2) Farm-price method. 50,000 bu. @$2.75 .................................. $137,500 breeding purposes is ordinary and necessary
Nov. 6, 1998—Bought Dec. corn futures
3) Unit-livestock-price method. 50,000 bu. @$2.50 (plus broker's com-
for selling them as registered breeding cattle.
mission) .................................................... 125,700 Such use does not demonstrate that you are
Under these rules, the accounting method Futures gain ........................................... $11,800 holding the cattle for breeding purposes.
you use for a hedging transaction must clearly However, those cattle you held as additions
reflect income. This means that your ac- The $11,800 is reported on line 10, Part I of or replacements to your own breeding herd
counting method must reasonably match the Schedule F. to produce calves are considered to be held
timing of income, deduction, gain, or loss from The proceeds from the sale of your corn for breeding purposes, even though they may
a hedging transaction with the timing of in- at the local elevator, $125,000, are reported not actually have produced calves. The same
come, deduction, gain, or loss from the item on line 4, Part I of Schedule F. applies to hog and sheep breeders.
or items being hedged. There are require-
ments and limitations on the method you can Example 5. You are in the business of
use for certain hedging transactions. See Livestock breeding and raising mink that you pelt for the
Regulation section 1.446–4(e) for those re- This part discusses the sale or exchange of fur trade. You take breeders from the herd
quirements and limitations. livestock used in your farm business. Gain when they are no longer useful as breeders
Once you adopt a method, you must apply or loss from the sale or exchange of this and pelt them. Although these breeders are
it consistently and must have IRS approval livestock may qualify as a section 1231 processed and pelted, they are still consid-
before changing it. transaction (discussed in chapter 11). ered to be held for breeding purposes. The
Page 58 Chapter 10 Gains and Losses
same applies to breeders of other fur-bearing Highly erodible cropland. This is cropland Making the election. You make the
animals. subject to erosion that you used at any time election on your return for the year the cutting
for farming purposes other than for the takes place by including in income the gain
Example 6. You breed, raise, and train grazing of animals. Generally, highly erodible or loss on the cutting, and including a com-
horses for racing purposes. Every year you cropland is land that is currently classified by putation of your gain or loss. You do not have
cull some horses from your racing stable. In the Department of Agriculture as Class IV, to make the election in the first year you cut
1998, you decided that to prevent your racing VI, VII, or VIII under its classification system. the timber. You may choose to make it in any
stable from getting too large to be effectively Highly erodible cropland also includes land year to which the election would apply. If the
operated, you must cull six horses from it. All that would have an excessive average annual timber is partnership property, the election is
six of these horses had been raced at public erosion rate in relation to the soil loss toler- made on the partnership return. This election
tracks in 1997. These horses are all consid- ance level, as determined by the Department cannot be made on an amended return.
ered held for sporting purposes. of Agriculture. Once you have made the election, it re-
mains in effect for all later years unless you
Figuring gain or loss on the cash method. Successors. Converted wetland or highly revoke it.
Farmers or ranchers who use the cash erodible cropland is also land held by any Revoking a post-1986 election. You can
method of accounting figure their gain or loss person whose basis in the land is figured by revoke an election you made for a tax year
on the sale of livestock used in their farming reference to the adjusted basis of a person in beginning after 1986 only if you can show
business as follows. whose hands the property was converted undue hardship and you get the approval of
Raised livestock. The gross sales price wetland or highly erodible cropland. the Internal Revenue Service (IRS). There-
reduced by any expenses of the sale is gain. after, you may not make any new election
Expenses of sale include sales commissions, unless you have the approval of the IRS.
freight or hauling from farm to commission
Timber Revoking a pre-1987 election. You can
company, and other similar expenses. The Standing timber you held as investment revoke an election you made for a tax year
basis of the animal sold is zero if the costs property is a capital asset. Gain or loss from beginning before 1987 without the approval
of raising it were deducted during the years its sale is capital gain or loss reported on of the IRS. You can revoke the election by
the animal was being raised. However, see Schedule D (Form 1040). If you held the tim- attaching a statement to your tax return for
Uniform Capitalization Rules in chapter 7. ber primarily for sale to customers, it is not a the year the election is to be effective. If you
Purchased livestock. The gross sales capital asset. Gain or loss on its sale is or- make this special revocation, which can be
price less your adjusted basis and any ex- dinary business income or loss. It is reported made only once, you can make a new
penses of sale is the gain or loss. on the gross receipts/sales and cost of goods election without the approval of IRS. Any fur-
sold lines of Schedule F. ther revocation will require the approval of
Example. A farmer sold a breeding cow Farmers who cut timber on their land and IRS.
on January 6, 1998, for $1,250. Expenses sell it as logs, firewood, or pulpwood usually The statement must provide all of the fol-
of sale were $125. The cow was bought July have no cost or other basis for that timber. lowing information.
2, 1995, for $1,300. Depreciation (not less These sales constitute a very minor part of
than the amount allowable) was $759. their farm businesses. In these cases, 1) Your name, address, and identification
amounts realized from such sales, and the number.
Gross sales price ......................................... $1,250 expenses incurred in cutting, hauling, etc., are
Cost (basis) ..................................... $1,300 ordinary farm income and expenses on 2) The year the revocation is effective and
Less: Depreciation deduction .......... 759 Schedule F (Form 1040). the timber to which it applies.
Unrecovered cost Special rules apply if you owned the tim-
(adjusted basis) ............................... $541 3) That the revocation being made is of the
Expense of sale .............................. 125 666
ber more than 1 year and choose to treat
timber cutting as a sale or exchange or you election to treat the cutting of timber as
Gain realized .............................................. $584 a sale or exchange under section 631(a)
enter into a cutting contract, discussed later.
Depletion on timber is discussed in chapter of the Internal Revenue Code.
8. 4) That the revocation is being made under
Converted Wetland and section 311(d) of Public Law 99–514.
Highly Erodible Cropland Timber considered cut. Timber is consid-
ered cut on the date when in the ordinary 5) That you are entitled to make the revo-
Special rules apply to dispositions of land course of business the quantity of felled tim-
converted to farming use after March 1, 1986. cation under section 311(d) of Public
ber is first definitely determined. This is true Law 99–514 and temporary regulations
Any gain realized on the disposition of con- whether the timber is cut under contract or
verted wetland or highly erodible cropland is section 301.9100–7T.
whether you cut it yourself.
treated as ordinary income. Any loss on the
disposition of such property is treated as a Gain or loss. Your gain or loss on the
Christmas trees. Evergreen trees, such as cutting of standing timber is the difference
long-term capital loss. Christmas trees, that are more than 6 years between its adjusted basis for depletion and
old when severed from their roots and sold for its fair market value on the first day of your
Converted wetland. This is generally land ornamental purposes, are included in the term tax year in which it is cut.
that must have been drained or filled to make “timber.” They qualify for both special rules, Your adjusted basis for depletion of cut
the production of agricultural commodities discussed next. timber is based on the number of units (feet
possible. It includes converted wetland held board measure, log scale, or other units) of
by the person who originally converted it or Election to treat cutting as a sale or ex- timber cut during the tax year and considered
held by any other person who used the con- change. Under the general rule, the cutting to be sold or exchanged. Your adjusted basis
verted wetland at any time after conversion of timber results in no gain or loss. It is not for depletion is also based on the depletion
for farming purposes. until a sale or exchange occurs that gain or unit of timber in the account used for the cut
A wetland (before conversion) is land that loss is realized. But if you owned or had a timber, and should be figured in the same
meets all of the following conditions. contractual right to cut timber, you may elect manner as shown in section 611 of the Inter-
to treat the cutting of timber as a section 1231 nal Revenue Code and Income Tax Regu-
1) It is mostly soil that, in its undrained transaction in the year it is cut. Even though lation 1.611–3.
condition, is saturated, flooded, or the cut timber is not actually sold or ex- Example. In April 1998, you owned 4,000
ponded long enough during a growing changed, you report your gain or loss on the MBF (1,000 board feet) of standing timber for
season to develop an oxygen-deficient cutting for the year the timber is cut. Any later more than 1 year. It had an adjusted basis for
state that supports the growth and re- sale results in ordinary business income or depletion of $40 per MBF. You are a calendar
generation of plants growing in water. loss. year taxpayer. On January 1, 1998, the timber
To choose this treatment, you must: had a fair market value (FMV) of $120 per
2) It is saturated by surface or groundwater
at a frequency and duration sufficient to MBF. It was cut in April for sale. On your
1) Own, or hold a contractual right to cut,
support mostly plants that are adapted 1998 tax return, you elect to treat the cutting
the timber for a period of more than 1
for life in saturated soil. of the timber as a sale or exchange. You re-
year before it is cut, and
port the difference between the FMV and your
3) It supports under normal circumstances 2) Cut the timber for sale or use it in your adjusted basis for depletion as a gain. This
mostly plants that grow in saturated soil. trade or business. amount is reported on Form 4797 along with
Chapter 10 Gains and Losses Page 59
your other section 1231 gains and losses to A loss on the sale of your business property not apply to the property used for your farm-
figure whether it is treated as a capital gain to an unrelated person is deducted as an or- ing business. Recognized gains and losses
or as ordinary gain. You figure your gain as dinary loss. Losses, other than casualty or on this property must be reported on your
follows: theft losses from nonbusiness property, are return for the year of the sale. If the property
not deductible. If payments for your farm are was held for more than 1 year, it may qualify
FMV of timber January 1, 1998 ............... $480,000 received in installments, you may be permit- as section 1231 property (see chapter 11).
Minus: Adjusted basis for depletion ........ 160,000
Section 1231 gain .................................... $320,000
ted to pay the tax on your gain over the period
of years that the payments are received. See Example. You sell your farm, including
The FMV becomes your basis in the cut chapter 12. your main home, which you have owned
timber, and a later sale of the cut timber, in- When you sell your farm, the gain or loss since December 1993. You realize gain on
cluding any by-product or tree tops, will result on each asset is figured separately. The tax the sale as follows.
in ordinary business income or loss. treatment of gain or loss on the sale of each
asset is determined by the classification of the Farm Farm
Cutting contract. You must treat the dis- asset. Each of the assets sold must be clas- With Home Without
Home Only Home
posal of standing timber under a cutting con- sified as one of the following. Selling price .............. $182,000 $58,000 $124,000
tract as a section 1231 transaction if all of the Cost (or other basis) . 40,000 10,000 30,000
following apply. 1) Capital asset held 1 year or less. Gain ......................... $142,000 $48,000 $94,000
1) You are the owner of the timber. 2) Capital asset held more than 1 year. You must report the $94,000 gain from the
sale of the property used in your farm busi-
2) You held the timber for more than 1 year 3) Property (including real estate) used in ness. All or a part of that gain may have to
before its disposal. your business and held 1 year or less be reported as ordinary income from the re-
(include draft, breeding, dairy, and capture of depreciation or soil and water
3) You retained an economic interest in the sporting animals if held less than the conservation expenses. Treat the balance
timber. holding periods discussed earlier under as section 1231 gain.
Livestock). The $48,000 gain from the sale of your
The difference between the amount real-
ized from the disposal of the timber and its 4) Property (including real estate) used in home is not taxable as long as you meet the
adjusted basis for depletion is treated as gain your business and held more than 1 year requirements explained later under Gain on
or loss on its sale. Include this amount on (include draft, breeding, dairy, and sale of your main home.
Form 4797 along with your other section 1231 sporting animals only if held for the
holding periods discussed earlier). Partial sale. If you sell part of your farm,
gains and losses to figure whether it is treated
you must report any recognized gain or loss
as capital or ordinary gain or loss. 5) Property held primarily for sale or which on that part on your tax return for the year of
Date of disposal. The date of disposal is of the kind that would be included in the sale. You cannot wait until you have sold
is the date the timber is cut. However, if you inventory if on hand at the close of your enough of the farm to recover its entire cost
receive payment under the contract before tax year. before reporting gain or loss.
the timber is cut, you may elect to treat the
Adjusted basis of the part sold. This is
date of payment as the date of disposal. This
Allocation of consideration paid for a farm. the properly allocated part of your original
election is effective only to figure the holding
The sale of a farm for a lump sum is consid- cost or other basis of the entire farm, plus or
period of the timber. It has no effect on the
ered a sale of each individual asset rather minus necessary adjustments for improve-
time for reporting gain or loss. To make this
than a single asset. Except for assets ex- ments, depreciation, etc., on the part sold.
election, attach a statement to the tax return
filed by the due date (including extensions) for changed under the like-kind exchange rules
(discussed earlier), both the buyer and seller Example. You bought a 600-acre farm for
the year payment is received. The statement
of a farm must use the residual method to $700,000. The farm included land and
must identify the advance payments subject
allocate the consideration to each business buildings. The purchase contract designated
to the election and the contract under which
asset transferred. This method determines $600,000 of the purchase price to the land.
they were made.
gain or loss from the transfer of each asset. You later sold 60 acres of land on which you
Owner. An owner is any person who
It also determines the buyer's basis in the had installed a fence. Your adjusted basis for
owns an interest in the timber, including a
business assets. the part of your farm sold is $60,000 (60/600
sublessor and the holder of a contract to cut
Residual method. The residual method or 1/10 of $600,000), plus any unrecovered
the timber. You own an interest in timber if
provides for the consideration to be reduced cost (cost not depreciated) of the fence on the
you have the right to cut it for sale on your
first by the cash, demand deposits, and simi- 60 acres at the time of sale. Use this amount
own account or for use in your business.
lar accounts transferred by the seller. The to determine your gain or loss on the sale of
Economic interest. You have retained
consideration remaining after this reduction the 60 acres.
an economic interest in standing timber if,
under the cutting contract, the expected re- must be allocated among the various busi-
ness assets in a specified order. Assessed values for local property
turn on your investment is conditioned on the taxes. If you paid a flat sum for the entire
cutting of the timber. The allocation must be made among the
following assets in proportion to (but not in farm and no other facts are available for
excess of) their fair market value on the pur- properly allocating a part of your original cost
Tree stumps. Tree stumps are a capital as- chase date in the following order. or other basis to the part sold, you may use
set if they are on land held by an investor who assessed value for local property taxes for the
is not in the timber or stump business, either 1) Certificates of deposit, U.S. government year of purchase as evidence of value to al-
as a buyer, seller, or processor. Gain from the securities, readily marketable stock or locate the costs to basis.
sale of stumps sold in one lot by such a holder securities, and foreign currency.
is taxed as a capital gain. However, tree Example. Assume that in the preceding
stumps held by timber operators, after the 2) All other assets except section 197 in- example there was no breakdown of the
saleable standing timber was cut and re- tangibles. $700,000 purchase price between land and
moved from the land are considered by- buildings. However, in the year of purchase,
3) Section 197 intangibles (other than
products. Gain from the sale of stumps in lots local taxes on the entire property were based
goodwill and going concern value) (dis-
or tonnage by such operators is taxed as or- on assessed valuations of $420,000 for land
cussed in chapter 8).
dinary income. and $140,000 for improvements, or a total of
4) Section 197 intangibles in the nature of $560,000. The assessed valuation of the
goodwill and going concern value. land is 3/4 (75%) of the total assessed valu-
Sale of a Farm ation. You can multiply 75% by the $700,000
The sale of your farm usually will involve the For more information about the residual total purchase price to arrive at a basis of
sale of both nonbusiness property (your method and how to report the allocation of the $525,000 for the 600 acres of land. The un-
home) and business property (the land and sales price on Form 1040, see chapter 2 in adjusted basis of the 60 acres you sold would
buildings used in the farm operation and per- Publication 544. then be $52,500 (60/600 or 1/10 of
haps machinery and livestock). If you have a $525,000). If your home is on the farm, you
gain from the sale, you may be allowed to Property used in farm operation. The rules must properly adjust the basis to exclude
exclude the gain on your home. The gain on for excluding the gain on a voluntary sale, those costs from your farm asset costs, as
the sale of your business property is taxable. described later under Sale of your home, do discussed next.
Page 60 Chapter 10 Gains and Losses
Sale of your home. Your home is a capital even if the property is a capital asset. The
asset and not property used in the trade or loss is the amount of the property's adjusted
business of farming. If you sell a farm that
includes a house you and your family occupy,
basis when abandoned. This rule also applies
to leasehold improvements the lessor made 11.
you must determine the part of the selling for the lessee that were abandoned. How-
price and the part of the cost or other basis
that are allocable to your home. Your home
ever, if the property is later foreclosed on or
repossessed, gain or loss is figured as dis- Dispositions of
includes the immediate surroundings and cussed earlier under Foreclosures and Re-
outbuildings relating to it.
If you use a part of your home for busi-
possessions.
The abandonment loss is taken in the tax
Property Used in
ness, you must make an appropriate adjust-
ment to the basis for depreciation allowed or
year in which the loss is sustained. Report the
loss on Form 4797, Part II, line 10.
Farming
allowable. For more information on basis, see
Allocating the Basis in chapter 7. Example. Ann lost her contract with the
Gain on sale of your main home. If you local poultry processor and abandoned her
sell your main home at a gain, you may
qualify to exclude from income all or part of
poultry facilities that she built for $100,000.
At the time she abandoned the facilities, her
Introduction
any gain on the sale. To qualify, you must mortgage balance was $85,000. She has a When you dispose of property used in your
meet the ownership and use tests. deductible loss of $66,554 (the adjusted ba- farm business, your taxable gain or loss is
You can claim the exclusion if, during the sis). If the bank later forecloses on the loan usually a section 1231 gain or loss. Its treat-
5-year period ending on the date of the sale, or repossesses the facilities, she will have to ment as ordinary or capital is determined un-
you have: figure her gain or loss as discussed earlier der special rules for section 1231 trans-
under Foreclosures and Repossessions. actions.
1) Owned the home for at least 2 years (the When you dispose of depreciable property
ownership test), and (section 1245 property or section 1250 prop-
Personal-use property. You cannot deduct erty) at a gain, you may have to recognize
2) Lived in the home as your main home for any loss from abandonment of your home or all or part of the gain as ordinary income un-
at least 2 years (the use test). other property held for personal use. der the depreciation recapture rules. Any re-
maining gain is a section 1231 gain.
Gains and losses from property used in
You can exclude the gain on the sale of Canceled debt. If the abandoned property farming are reported on Form 4797. Table
your main home up to: secures a debt for which you are personally 11–1 shows examples of items reported on
liable and the debt is canceled, you will real- Form 4797 and refers to the part of that form
1) $250,000, or ize ordinary income equal to the amount of on which they first should be reported.
canceled debt. This income is separate from
2) $500,000, if all of the following are true. any loss realized from abandonment of the
property. Report income from cancellation of Topics
a) You are married and file a joint re- a debt related to a business or rental activity This chapter discusses:
turn for the year. as business or rental income. Report income
from cancellation of a nonbusiness debt as • Section 1231 gains and losses
b) Either you or your spouse meets miscellaneous income on line 21, Form 1040.
However, income from cancellation of
• Depreciation recapture on section 1245
the ownership test. property
debt is not taxed in the following circum-
c) Both you and your spouse meet the stances. • Depreciation recapture on section 1250
use test. property
1) The cancellation is intended as a gift. • Depreciation recapture on installment
d) Neither you nor your spouse is ex-
sales
cluding gain from the sale of an- 2) The debt is qualified farm debt (see
other home after May 6, 1997. chapter 4). • Section 1252 and section 1255 property
• How to use Form 4797
Gain from condemnation. If you have 3) The debt is qualified real property debt
a gain from a condemnation or sale under (see chapter 5 of Publication 334,Tax
threat of condemnation, you may use the Guide for Small Business).
preceding rules for excluding the gain, rather Useful Items
than the rules discussed under Postponing 4) You are insolvent or bankrupt (see Pub- You may want to see:
Gain in chapter 13. However, any gain that lication 908, Bankruptcy Tax Guide).
cannot be excluded (because it is more than Publication
the limit) may be postponed under the rules
discussed under Postponing Gain in chapter Forms 1099–A and 1099–C. If your aban- m 544 Sales and Other Dispositions
13. doned property secures a loan and the lender of Assets
A loss on your home. You cannot de- knows the property has been abandoned, the
duct a loss on your home from a voluntary lender should send you Form 1099–A show-
ing the information you need to figure your Form (and Instructions)
sale, condemnation, or a sale under threat of
condemnation. loss from the abandonment. However, if your
debt is canceled and the lender must file m 4797 Sales of Business Property
More information. For more information
on selling your home, see Publication 523. Form 1099–C, the lender may include the in- See chapter 21 for information about get-
formation about the abandonment on that ting this publication and form.
form instead of Form 1099–A. The lender
must file Form 1099–C and send you a copy
Abandonments if the amount of debt canceled is $600 or
more and the lender is a financial institution,
You abandon property when you voluntarily
give up possession of the property with the
credit union, or federal government agency. Section 1231 Gains
For abandonments of property and debt can-
intention of ending your ownership, but with-
out passing it on to anyone else.
cellations occurring in 1998, these forms and Losses
should be sent to you by February 1, 1999. Section 1231 gains and losses are the taxa-
ble gains and losses from section 1231
Business or investment property. Loss transactions. Their treatment as ordinary or
from abandonment of business or investment capital depends on whether you have a net
property is deductible as an ordinary loss, gain or a net loss from all your section 1231
transactions.
Chapter 11 Dispositions of Property Used in Farming Page 61
Table 11-1. Where To Report Items on Form 4797 • If you have a net section 1231 loss, it is
an ordinary loss.
Held one year Held more than
Type of property or less one year • If you have a net section 1231 gain, it is
ordinary income up to the amount of your
1 Depreciable trade or business property: nonrecaptured section 1231 losses from
a Sold or exchanged at a gain Part II Part III (1245, 1250) previous years, explained next. The rest,
b Sold or exchanged at a loss Part II Part I if any, is long-term capital gain.
2 Depreciable residential rental property:
a Sold or exchanged at a gain Part II Part III (1250) Nonrecaptured section 1231 losses.
b Sold or exchanged at a loss Part II Part I Your nonrecaptured section 1231 losses are
your net section 1231 losses for the previous
3 Farm land held less than 10 years upon which 5 years that have not been previously applied
soil, water, or land clearing expenses were against a net section 1231 gain by treating the
deducted: gain as ordinary income. These losses are
a Sold at a gain Part II Part III (1252) applied against your net section 1231 gain
b Sold at a loss Part II Part I beginning with the earliest loss in the 5-year
4 Disposition of cost-sharing payment property period.
described in section 126 Part II Part III (1255)
Example. In 1995, you had a net section
1231 loss of $2,500. For tax years 1997 and
5 Cattle and horses used in a trade or business Held less Held 24 mos.
1998, you had net section 1231 gains of
for draft, breeding, dairy, or sporting purposes: than 24 mos. or more $1,800 and $2,000, respectively. In 1993,
a Sold at a gain Part II Part III (1245) 1994, and 1996, you had no section 1231
b Sold at a loss Part II Part I gains or losses. In figuring taxable income for
c Raised livestock sold at a gain Part II Part I 1997, you treated your net section 1231 gain
of $1,800 as ordinary income by recapturing
6 Livestock other than cattle and horses used in $1,800 of your $2,500 net section 1231 loss.
a trade or business for draft, breeding, dairy, or Held less Held 12 mos. For 1998, you apply your remaining $700 net
sporting purposes: than 12 mos. or more section 1231 loss ($2,500 − $1,800) against
your net section 1231 gain of $2,000. For
a Sold at a gain Part II Part III (1245) 1998, you report $700 as ordinary income
b Sold at a loss Part II Part I and $1,300 ($2,000 − $700) as long-term
c Raised livestock sold at a gain Part II Part I capital gain.
If you have a gain from a section 1231 Distributive share of partnership gains
! transaction, first determine whether
CAUTION any of the gain is ordinary income
and losses. Your distributive share must be
from the sale or exchange of property listed
under the depreciation recapture rules (ex- above held more than 1 year, or for the re-
quired period for certain livestock.
Depreciation
plained later). Do not take that gain into ac-
count as section 1231 gain. Timber. The cutting or disposal of timber Recapture
must be treated as a sale, as described in
If you dispose of depreciable or amortizable
chapter 10 under Timber.
property at a gain, you may have to treat all
Section 1231 transactions. Transactions Condemnations. The condemned prop-
or part of the gain (even if it is otherwise
that result in gain or loss subject to section erty (described in chapter 13) must have been
nontaxable) as ordinary income.
1231 treatment are— held for more than 1 year. It must be business
Sales or exchanges of cattle and property or a capital asset held in connection
horses. The cattle and horses must be held with a trade or business or a transaction en-
for draft, breeding, dairy, or sporting purposes tered into for profit, such as investment prop-
Section 1245 Property
and held for 2 years or more. erty. It cannot be property held for personal A gain on the disposition of section 1245
Sales or exchanges of other livestock. use. property is treated as ordinary income to the
This livestock must be held for draft, breed- Casualties and thefts. These must have extent of depreciation allowed or allowable.
ing, dairy, or sporting purposes and held for been a casualty to or theft of business prop- See Gain Treated as Ordinary Income, later.
1 year or more. Other livestock includes hogs, erty, property held for the production of rents Any gain recognized that is more than the
mules, sheep, and goats, but does not include and royalties, or investment property (such part that is ordinary income because of de-
poultry. as notes and bonds). You must have held the preciation is a section 1231 gain. See Treat-
Sales or exchanges of depreciable property for more than 1 year. However, if ment as ordinary or capital under Section
personal property. This property must be your casualty or theft losses exceed your 1231 Gains and losses, earlier.
used in your business and held for more than casualty or theft gains, neither the gains nor
1 year. Generally, property held for the pro- losses are taken into account in the section Defined. Section 1245 property includes any
duction of rents or royalties is considered to 1231 computation. property that is or has been subject to an al-
be used in a trade or business. Examples are Section 1231 does not apply to personal lowance for depreciation or amortization and
farm machinery and trucks. Depreciable per- casualty gains and losses. See chapter 13 for is one of the following types of property.
sonal property also includes amortizable information on how to treat these gains and
section 197 intangibles. losses. 1) Personal property (either tangible or in-
Sales or exchanges of real estate. This tangible).
property must be used in your business and
held for more than 1 year. Examples are your Property held for sale to customers. A 2) Other tangible property (except buildings
farm or ranch (including barns and sheds). sale, exchange, or involuntary conversion of and their structural components) used
Sales or exchanges of unharvested property held mainly for sale to customers is as one of the following.
crops. The crop and land must be sold, ex- not a section 1231 transaction. If you will get a) An integral part of manufacturing,
changed, or involuntarily converted at the back all, or nearly all, of your investment in production, or extraction or of fur-
same time and to the same person and the the property by selling it rather than by using nishing transportation, communi-
land must be held for more than 1 year. it up in your business, it is property held cations, electricity, gas, water, or
Growing crops sold with a lease on the mainly for sale to customers. sewage disposal services.
land, though sold to the same person in a
single transaction, are not included. The b) A research facility in any of the ac-
taxpayer cannot keep any right or option to Treatment as ordinary or capital. To de- tivities in (a).
reacquire the land directly or indirectly (other termine the treatment of section 1231 gains
c) A facility in any of the activities in
than a right customarily incident to a mort- and losses, combine all your section 1231
(a) for the bulk storage of fungible
gage or other security transaction). gains and losses for the year.
commodities.
Page 62 Chapter 11 Dispositions of Property Used in Farming
3) That part of real property (not included you claimed on the section 1245 property but Depreciation allowed or allowable. The
in (2)) having an adjusted basis that was also the following depreciation and amorti- greater of the depreciation allowed or allow-
reduced by certain amortization de- zation amounts. able is generally the amount to use in figuring
ductions (including those for certified the part of gain to report as ordinary income.
pollution control facilities, child-care fa- 1) Amounts you claimed on property you If, in prior years, you have consistently taken
cilities, removal of architectural barriers exchanged for, or converted to, your proper deductions under one method, the
to persons with disabilities and the el- section 1245 property in a like-kind ex- amount allowed for your prior years will not
derly, or reforestation expenditures) or a change or involuntary conversion. be increased even though a greater amount
section 179 deduction. would have been allowed under another
2) Amounts a previous owner of the section
proper method. If you did not take any de-
4) Single purpose agricultural (livestock) or 1245 property claimed, if your basis is
duction at all for depreciation, your adjust-
horticultural structures. determined with reference to that per-
ments to basis for depreciation allowable are
son's adjusted basis (for example, the
figured by using the straight line method.
5) Storage facilities (except buildings and donor's depreciation deductions on
This treatment applies only when figuring
their structural components) used in dis- property you received as a gift).
what part of gain is treated as ordinary in-
tributing petroleum or any primary prod-
come under the rules for section 1245 de-
uct of petroleum. Depreciation and amortization. Depreci- preciation recapture.
ation and amortization deductions that must
Buildings and structural components. be recaptured as ordinary income include (but Disposition of plants and animals. If you
Section 1245 property does not include are not limited to) the following items. made the election not to apply the uniform
buildings and structural components. The capitalization rules, you must treat any plant
term “building” includes a house, barn, ware- 1) Ordinary depreciation deductions.
or animal (if the animals were produced in
house, or garage. The term “structural com- 1987 or 1988) that you produce as section
ponent” includes walls, floors, windows, 2) Amortization deductions for the follow-
ing. 1245 property. Further, you must recapture
doors, central air conditioning systems, light the preproductive expenses that you would
fixtures, etc. a) The cost of acquiring a lease. have capitalized if you had not made the
A structure that is essentially machinery election by treating these expenses as ordi-
or equipment is not considered a building or b) The cost of lessee improvements.
nary income when you determine your gain
structural component. Also, a structure that c) Pollution control facilities. on selling or disposing of the property. For
houses property used as an integral part of section 1231 transactions, show these ex-
an activity is not considered a building or d) Reforestation expenses.
penses as depreciation on line 22, Part III, of
structural component if the structure's use is Form 4797. For plant sales that are reported
so closely related to the property's use that e) Section 197 intangibles.
on Schedule F (Form 1040), this recapture
the structure can be expected to be replaced f) Child care facility expenditures rule does not change the reporting of income
when the property it initially houses is re- made before 1982. because the gain is already ordinary income.
placed. You may use the farm-price method or the
The fact that the structure is specially de- g) Franchises, trademarks, and trade
names acquired before August 11, unit-livestock-price method discussed in
signed to withstand the stress and other de- chapter 3 to figure the amount of these ex-
mands of the property and the fact that the 1993.
penses.
structure cannot be used economically for 3) The section 179 expense deduction.
other purposes indicate that it is closely re- Example. Janet Maple sold her apple
lated to the use of the property it houses. 4) Deductions for the following. orchard in 1998 for $80,000. Her adjusted
Thus, structures such as oil and gas storage basis at the time of sale was $60,000. She
a) The cost of removing barriers to the
tanks, grain storage bins, and silos are not purchased the orchard in 1991, but the trees
disabled and the elderly.
treated as buildings, but as section 1245 did not produce a crop until 1994. Her pre-
property. b) Tertiary injectant expenses. productive expenses were $6,000. She
Storage facility. This is a facility used elected not to apply the uniform capitalization
mainly for the bulk storage of fungible com- c) Depreciable clean-fuel vehicles and rules. Janet must treat the $6,000 prepro-
modities. Bulk storage means storage of a refueling property (minus any re- ductive expenses as ordinary income when
commodity in a large mass before it is used. captured deduction). figuring the gain on the sale.
Thus, if a facility is used to store oranges that 5) Any basis reduction for the investment
have been sorted and boxed, it is not used for credit (minus any basis increase for any Livestock costs incurred before 1989.
bulk storage. To be fungible, a commodity credit recapture). For livestock costs incurred before 1989, the
must be such that one part may be used in IRS provided two safe-harbor elections.
place of another. 6) Any basis reduction for the qualified These safe-harbor elections were not avail-
electric vehicle credit (minus any basis able to corporations, partnerships, or tax
increase for credit recapture). shelters that were required to use an accrual
Gain Treated as Ordinary Income method of accounting. For information on
The gain treated as ordinary income on the Example. You file your returns on a cal- these elections, see Notice 88–24 in the
sale, exchange, or involuntary conversion of endar year basis. In February 1996, you pur- Internal Revenue Cumulative Bulletin 1988–1
section 1245 property, including a sale and chased and placed in service for 100% use on page 491 and Notice 88–113 modifying
leaseback transaction, is the lower of: in your farming business a light-duty truck Notice 88–24 in Cumulative Bulletin 1988–2
(5-year property) that cost $10,000. You used on page 448.
the half-year convention and your MACRS For information on the uniform capitaliza-
1) The depreciation and amortization al-
deductions for the truck were $1,500 in 1996 tion rules, see chapter 7.
lowed or allowable on the property, or
and $2,550 in 1997. You did not take the
2) The gain realized on the disposition (the section 179 deduction on it. You sold the truck
amount realized from the disposition mi- in May 1998 for $7,000. The MACRS de- Section 1250 Property
nus the adjusted basis of the property). duction in 1998, the year of sale, is $893 (1/2 A gain on the disposition of section 1250
of $1,785). Figure the gain treated as ordi- property is treated as ordinary income to the
For any other disposition of section 1245 nary income as follows. extent of additional depreciation allowed or
property, ordinary income is the lower of (1) allowable. To determine the additional de-
1) Amount realized .................................... $7,000 preciation on section 1250 property, see Ad-
above or the amount by which its fair market 2) Cost (Feb. 1996) .................... $10,000
value exceeds its adjusted basis. See chapter 3) Depreciation allowed or allow- ditional Depreciation, later.
3 of Publication 544. able (MACRS deductions: You will not have additional depreciation
Use Part III of Form 4797 to figure the $1,500 + $2,550 + $893) ........ 4,943 if any of the following apply.
ordinary income part of the gain. 4) Adjusted basis (subtract line 3
from line 2) ............................................ $5,057 1) You figured depreciation for the property
5) Gain realized (subtract line 4 using the straight line method or any
Depreciation on other property or taken from line 1) ............................................ 1,943 other method that does not result in de-
by other taxpayers. Depreciation and 6) Gain treated as ordinary income preciation that is more than the amount
(lower of line 3 or line 5) ...................... $1,943
amortization includes not only the amounts figured by the straight line method, and
Chapter 11 Dispositions of Property Used in Farming Page 63
you have held the property more than a also have additional depreciation if you elect For more information on installment sales,
year. amortization, other than amortization on real see chapter 12.
property that qualifies as section 1245 prop-
2) You chose the alternate ACRS (straight erty, discussed earlier.
line) method for the types of 15-, 18-, or Other Dispositions
19-year real property covered by the
Depreciation taken by other taxpayers or Chapter 3 of Publication 544 discusses the
section 1250 rules.
on other property. Additional depreciation tax treatment of the following transfers of
3) You dispose of residential rental property includes all depreciation adjustments to the depreciable property.
or nonresidential real property placed in basis of section 1250 property whether al-
service after 1986 (or after July 31, 1986, lowed to you or another person (as for carry- • By gift.
if the election to use MACRS was made). over basis property). • At death.
These properties are depreciated using
the straight line method. Depreciation allowed or allowable. The • In like-kind exchanges.
greater of depreciation allowed or allowable • In involuntary conversions.
Defined. Section 1250 property includes all (to any person who held the property if the
real property subject to an allowance for de- depreciation was used in figuring its adjusted Publication 544 also explains how to handle
preciation that is not and never has been basis in your hands) is generally the amount a single transaction involving multiple prop-
section 1245 property. It includes a leasehold to use in figuring the part of the gain to be erties.
of land or section 1250 property subject to an reported as ordinary income. If you can show
allowance for depreciation. A fee simple in- that the deduction allowed for any tax year
terest in land is not section 1250 property was less than the amount allowable, the
because it is not depreciable. smaller figure will be the depreciation adjust-
ment for figuring additional depreciation.
Other Farm Property
This section discusses gain on the disposition
Gain Treated as Ordinary Income of farm land for which you were allowed:
To find what part of the gain from the dispo- Applicable Percentage
sition of section 1250 property is treated as The applicable percentage used to figure the 1) Deductions for soil and water conserva-
ordinary income, follow these steps. ordinary income because of additional de- tion expenditures (section 1252 prop-
preciation depends on whether the real prop- erty), or
1) In a sale, exchange, or involuntary con- erty you disposed of is nonresidential real 2) Exclusions from income for certain cost
version of the property, figure the excess property, residential rental property, or low- sharing payments (section 1255 prop-
of the amount realized over the adjusted income housing. The applicable percentages erty).
basis of the property (in any other dis- for nonresidential real property and residential
position of the property, figure the ex- rental property are explained next. The appli- Section 1252 property. If you disposed of
cess of fair market value over adjusted cable percentage for low-income housing is farm land you held less than 10 years at a
basis). explained in chapter 3 of Publication 544. gain and you were allowed deductions for soil
2) Figure the additional depreciation for the and water conservation expenditures dis-
periods after 1975. Nonresidential real property. For real cussed in chapter 6, you must treat part of the
property that is not residential rental property, gain as ordinary income and treat the balance
3) Multiply the smaller of (1) or (2) by the the applicable percentage for periods after as section 1231 gain.
applicable percentage, discussed later. 1969 is 100%. For periods before 1970, the Amount to report as ordinary income.
Stop here if this is residential rental applicable percentage is zero and no ordinary You report as ordinary income the lesser of:
property, or if (2) is equal to or more than income will result on its disposition because
(1). This is the gain that is treated as of additional depreciation before 1970. 1) The total deductions allowed for soil and
ordinary income because of additional water conservation expenditures multi-
depreciation. Residential rental property. For residential plied by the applicable percentage, dis-
4) Subtract (2) from (1). rental property (80% or more of the gross in- cussed next, or
come is from dwelling units) other than low-
2) Your gain (determined by subtracting the
5) Figure the additional depreciation for income housing, the applicable percentage
adjusted basis from the amount realized
periods after 1969 but before 1976. for periods after 1975 is 100%. The applica-
from a sale, exchange, or involuntary
ble percentage for periods before 1976 is
6) Add the smaller of (4) or (5) to the result conversion, or the fair market value for
zero. Therefore, no ordinary income will re-
in (3). This is the gain treated as ordinary all other dispositions).
sult from a disposition of residential rental
income because of additional depreci- property because of additional depreciation
ation. Applicable percentage. The applicable
before 1976. percentage is based on the length of time you
Use Part III, Form 4797, to figure the ordinary held the land. If you dispose of your farm land
income part of the gain. More information. For more information within 5 years after the date you got it, the
about depreciation recapture on section 1250 applicable percentage is 100%. If you dispose
property, see chapter 3 of Publication 544. of the land within 6 to 9 years after you got
Additional Depreciation it, the applicable percentage is reduced by
If you hold section 1250 property longer than 20% a year for each year you hold the land
1 year, the additional depreciation is the ex- Installment Sales after the 5th year. If you dispose of the land
cess of actual depreciation adjustments over If you report the sale of property under the 10 years or more after you got it, the appli-
the depreciation figured using the straight line installment method, any depreciation recap- cable percentage is zero (0), and the entire
method. For a list of items treated as depre- ture under section 1245 or 1250 is taxable gain is a section 1231 gain.
ciation adjustments, see Depreciation and as ordinary income in the year of sale. This
amortization under Section 1245 Property, applies even if no payments are received in Example. You acquired farm land on
earlier. that year. If the gain is more than the de- January 19, 1991. On October 3, 1998, you
Figure straight line depreciation for ACRS preciation recapture income, report the rest sold the land at a $30,000 gain. Between
real property by using its 15-, 18-, or 19-year of the gain using the rules of the installment January 1 and October 3, 1998, you make soil
recovery period as the property's useful life. method. For this purpose, add the recapture and water conservation expenditures of
The straight line method is applied without income to the property's adjusted basis. $15,000 that are fully deductible in 1998. The
any basis reduction for the investment credit. If you dispose of more than one asset in applicable percentage is 40% since you sold
If you hold section 1250 property for 1 a single transaction, you must separately fig- the land within the 8th year after you got it.
year or less, all of the depreciation is addi- ure the gain on each asset so that it may be Thus, you treat $6,000 (40% of $15,000) of
tional depreciation. properly reported. To do this, allocate the the $30,000 gain as ordinary income and the
You will have additional depreciation if you selling price and the payments you receive in $24,000 balance as a section 1231 gain.
use the regular ACRS method, the declining the year of sale to each asset. Report any
balance method, the sum-of-the-years-digits depreciation recapture income in the year of Section 1255 property. If you receive cer-
method, the units-of-production method, or sale before using the installment method for tain cost-sharing payments on property and
any other method of rapid depreciation. You any remaining gain. you exclude those payments from income
Page 64 Chapter 11 Dispositions of Property Used in Farming
(discussed in chapter 4), you may have to Useful Items Cancellation. If an installment obligation
treat part of any gain as ordinary income and You may want to see: is canceled or otherwise becomes unen-
treat the balance as a section 1231 gain. If forceable, it is treated as a disposition other
you elected not to exclude these payments, than a sale or exchange. Your gain or loss is
Publication
you will not have to recognize ordinary in- the difference between your basis in the obli-
come under this provision. m 523 Selling Your Home gation and its fair market value at the time you
Amount to report as ordinary income. cancel it. Fair market value (FMV) is dis-
You report as ordinary income the lesser of: m 537 Installment Sales cussed later under Payment of property. (A
reduction in the selling price changes the
1) The applicable percentage of the total Form (and Instructions) gross profit and gross profit percentage.)
excluded cost-sharing payments, or Transfer due to death. The transfer of
m 6252 Installment Sale Income an installment obligation (other than to a
2) The gain on the disposition of the prop-
erty. See chapter 21 for information about get- buyer) as a result of the death of the seller (or
ting these publications and the form. other holder of the obligation) is not a dispo-
You do not report ordinary income under this sition. Any unreported gain from the install-
rule to the extent the gain is recognized as ment obligation is not treated as gross income
ordinary income under sections 1231 through to the decedent. No income is reported on the
decedent's return due to the transfer. This
1254, 1256, and 1257 of the Internal Revenue
Code. However, you do report as ordinary
Installment Method means whoever receives the obligation as a
income under this rule a gain or a part of a An installment sale is a sale of property, ex- result of the seller's death is taxed on the in-
gain regardless of any contrary provisions cept for inventory, where you receive at least stallment payments the same as the seller
(including nonrecognition provisions) under one payment after the close of the tax year would have been if the seller had lived to re-
any other Code section. of the sale. A cash basis farmer who is not ceive the payments.
Applicable percentage. The applicable required to maintain an inventory can use the However, if the installment obligation is
percentage of the excluded cost-sharing installment method to report gain from the canceled, becomes unenforceable, or is
payments to be reported as ordinary income sale of property used or produced in farming. transferred to the buyer, it is a disposition.
is based on the length of time you hold the The estate must figure gain or loss on the
property after receiving the payments. If the If you finance the buyer's purchase disposition.
property is held less than 10 years, the per- TIP of your property, instead of having the More information. For more information
centage is 100%. After 10 years, the per- buyer get a loan or mortgage from a on the disposition of an installment obligation,
centage is reduced by 10% a year or part of third party, you probably have an installment see Publication 537.
a year until the rate is 0%. sale. It is not an installment sale if the buyer
borrows the money from a third party and
then pays you the total selling price. Inventory. The sale of farm inventory items
Form 4797, Part III. Use Form 4797, Part III
cannot be reported on the installment method.
to figure the ordinary income portion of a gain
You generally report your gain on an in- All gain or loss on their sale must be reported
from the sale, exchange, or involuntary con-
stallment sale as you actually receive pay- in the year of sale, even if you are paid in later
version of section 1252 property and section
ment. Each payment consists of the following years. However, if you are a cash basis
1255 property.
three parts. farmer and are not required to maintain an
inventory, you may be able to use the install-
1) Interest income. ment method to report the sale of property
2) Return of your adjusted basis in the you use or produce in your farming business.
property. For a definition of farm inventory, see Farm
Inventory in chapter 3.
12. 3) Gain on the sale. If inventory items are included in an in-
stallment sale, you may have an agreement
You are taxed only on the part of each stating which payments are for inventory and
Installment payment that represents interest and your
gain on the sale. In this way, the installment
which are for the other assets being sold. If
you do not, each payment must be allocated
method of reporting income relieves you of
Sales paying tax on income you have not yet col-
between the inventory and the other assets
sold.
lected. However, when reporting a sale of
depreciable property, you must include in in-
come for the year of the sale, any depreci- Electing out. You must use the installment
ation or amortization recapture income (up to method to report an installment sale unless
Introduction the amount of gain). Report any remaining you elect not to use that method. If you make
gain on the installment method. the election, you generally report the entire
An installment sale is a sale of property where
you receive at least one payment after the gain in the year of sale, even though you will
close of the tax year of the sale. If you dis- Sale at a loss. If your sale results in a loss, not be paid all of the selling price in that year.
pose of property in an installment sale, you you cannot use the installment method. If the You then do not report any gain from the
report part of your gain or profit when you loss is on an installment sale of business as- payments you receive in later years.
receive each installment payment. You can- sets, you can deduct it only in the tax year To make this election, do not report your
not use the installment method to report a of sale. You cannot deduct a loss on the sale sale on Form 6252. Instead, report it on
loss. of property owned for personal use. Schedule D (Form 1040) or Form 4797,
The buyer's “installment obligation” to whichever applies.
make future payments to you can be in the Form 6252. Each year, including the year When to elect out. Make this election
form of a deed of trust, note, land contract, of sale, report your income from an install- by the due date, including extensions, for fil-
mortgage, or other evidence of the buyer's ment sale on Form 6252. Attach this form to ing your tax return for the year the sale takes
debt to you. The rules discussed in this your tax return. place. Once made, the election generally
chapter generally apply regardless of the form cannot be revoked.
of the installment obligation. Disposition of installment obligation. If You may qualify for an automatic exten-
you sell or discount an installment obligation, sion of six months from the due date of the
you generally have a gain or loss to report. It return, excluding extensions, to make this
Topics is considered gain or loss on the sale of the election. See Regulations sections
This chapter discusses: property for which you received the install- 301.9100–2(b) and 301.9100–2(d) for more
ment obligation. If this takes place during the information.
• Installment method year of sale, report your entire gain on your More information. See Electing Out of
• Figuring installment income return for that year. You do not have an in- Installment Method in Publication 537 for
stallment sale. If it takes place in a later year, more information on electing out of the in-
• Payments received
you may have a disposition of an installment stallment method.
• Installment sale of a farm obligation.
Chapter 12 Installment Sales Page 65
You must continue to report the in- its cost. The basis of property you inherited, capture income in Part II of Form 4797 as
!
CAUTION
terest income on payments you re-
ceive for subsequent years.
received as a gift, built yourself, or received
in a tax-free exchange is figured differently.
ordinary income in the year of sale.
For more information on the section 179
See chapter 7 for information on determining deduction, see Section 179 Deduction in
basis. chapter 8. For more information on the sec-
While you own personal-use property, tion 179A deductions, see chapter 15 in
various events may change your original ba- Publication 535. For more information on de-
sis in the property. Some events, such as preciation recapture, see Depreciation Re-
Figuring adding rooms or making permanent improve- capture in chapter 11.
ments, increase basis. Others, such as Selling price reduced. If the selling price
Installment Income deductible casualty losses or depreciation is reduced at a later date, the gross profit on
Each payment on an installment sale usually previously allowed or allowable, decrease the sale will also change. You must then re-
consists of the following three parts. basis. The result is adjusted basis. figure your gross profit percentage for the re-
Selling expenses. Selling expenses are maining payments. Refigure your gross profit
1) Interest income. any expenses that relate to the sale of the using the reduced sale price and then sub-
property. They include commissions, attorney tract the gain already reported. Spread the
2) Return of your adjusted basis in the fees, and any other expenses paid on the remaining gain over the remaining install-
property. sale. Selling expenses are added to the basis ments. You cannot go back and refigure the
of the sold property. gain you reported in earlier years.
3) Gain on the sale. Depreciation recapture. If you took de-
preciation deductions on the asset, part of the Example. In 1996, you sold land with a
In each year you receive a payment, you in- gain on the sale of the asset may be recap- basis of $40,000 for $100,000. Your gross
clude the interest part in income, as well as tured as ordinary income. See Sale of profit was $60,000. You received a $20,000
the part that is your gain on the sale. You do depreciable property, later. down payment and the buyer's note for
not include in income the part that is the re- Gross profit. For an installment sale, $80,000. The note provides for four annual
turn of your adjusted basis in the property. gross profit is the total gain you report on the payments of $20,000 each, plus 12% interest,
installment method. beginning in 1997. Your gross profit percent-
Interest income. You must report interest To figure your gross profit, subtract your age is 60%. You reported a gain of $12,000
as ordinary income. Interest is generally not installment sale basis from the selling price. on each payment received in 1996 and 1997.
included in a down payment. However, you If the property you sold was your home, sub- In 1998, you and the buyer agreed to reduce
may have to treat part of each later payment tract from the gross profit any gain you can the purchase price to $85,000 and the pay-
as interest, even if it is not called interest in exclude. ments for 1998, 1999, and 2000 are reduced
your agreement with the buyer. See Unstated Contract price. The contract price is the to $15,000 for each year.
interest, later. total of all principal payments you are to re- The new gross profit percentage, 46.67%,
ceive on the installment sale. It includes pay- is figured as follows. You will report a gain of
Return of basis and gain on sale. The rest ments you are considered to receive, even $7,000 (46.67% of $15,000) on each of the
of each payment is treated as if it were made though you are not paid anything directly. See $15,000 installments due in 1998, 1999, and
up of two parts. One part is a tax-free return Payments Received, later. 2000.
of your adjusted basis in the property. The If part of the selling price is paid in cash
and you hold a mortgage payable from the 1) Reduced selling price ........................... $85,000
other part is your gain. 2) Minus: Basis .......................................... 40,000
buyer to you for the remainder, then the con-
3) Adjusted gross profit ............................. $45,000
Figuring gain part of payment. To tract price equals the selling price. 4) Minus: Gain reported in 1996 & 1997 .. 24,000
figure what part of any payment is Gross profit percentage. A certain per- 5) Gain to be reported ............................... $21,000
gain, multiply the payment (less in- centage of each payment (after subtracting 6) Selling price to be received:
terest) by the gross profit percentage. Com- interest) is reported as gain from the sale. It Reduced selling price ......... $85,000
pleting the following worksheet gives you the is called the “gross profit percentage” and is Minus: Payments received
gross profit percentage. figured by dividing your gross profit from the in 1996 and 1997 ............... 40,000 $45,000
sale by the contract price. 7) New gross profit percentage
1) Selling price ........................................... (line 5 ÷ line 6) ...................................... 46.67%
The gross profit percentage generally re-
2) Installment sale basis: mains the same for each payment you re-
Adjusted basis of property ...
Selling expenses ..................
ceive. However, see Selling price reduced, Sale to related person. Special rules apply
Depreciation recapture ......... later, for an example of changing the gross to an installment sale between related per-
3) Gross profit (line 1 − line 2) ................... profit percentage. sons. Spouses, children, grandchildren,
4) Contract price ......................................... brothers, sisters, and parents are all consid-
5) Gross profit percentage (line 3 ÷ line 4) .
Example. You sell property at a contract ered related persons. A partnership or cor-
price of $200,000. The property has an ad- poration in which you have an interest, or an
justed basis of $150,000. Your gross profit is estate or trust with which you have a con-
$50,000. Your gross profit percentage is 25% nection, can also be considered a related
($50,000 ÷ $200,000). After subtracting in- person.
Selling price. The selling price is the total terest, you report 25% of each payment, in- For information on these rules, see Sale
cost of the property to the buyer. It includes cluding the down payment, as gain from the to Related Person in Publication 537.
any money and the FMV of any property you sale for the tax year you receive the payment.
are to receive. It also includes any debt the
Trading property for like-kind property. If
buyer pays, assumes, or takes, to which the
you trade business or investment property for
property is subject. The debt could be a note, Amount to include in income. Each year the same kind of property, you can postpone
mortgage, or any other liability, such as a lien, you receive a payment on the installment reporting part of the gain. See Nontaxable
accrued interest, or taxes you owe on the sale, multiply the payment (less interest) by Like-Kind Exchanges in chapter 10 for a dis-
property. If the buyer pays any of your selling the gross profit percentage to determine the cussion of like-kind property.
expenses for you, that amount is also in- amount you must include in income for the tax If the trade includes an installment obli-
cluded in the selling price. The selling price year. gation, the following rules apply.
does not include interest, whether stated or Sale of depreciable property. You can-
unstated. not use the installment method to report any
Installment sale basis. This chapter re- 1) The contract price is reduced by the
depreciation recapture income up to the gain
fers to the adjusted basis plus selling ex- FMV of the like-kind property received in
on the sale. Report any remaining gain on the
penses and depreciation recapture income the trade.
installment method.
as the installment sale basis. Figure your depreciation recapture income 2) The gross profit is reduced by any gain
Adjusted basis. Basis is a way of (including the section 179 deduction and the on the trade that can be postponed.
measuring your investment in the property section 179A deduction recapture) in Part III
you are selling. The way you figure basis de- of Form 4797. Report the depreciation re- 3) Like-kind property received in the trade
pends on how you first acquired the property. is not considered payment on the in-
The basis of property you bought is generally stallment obligation.
Page 66 Chapter 12 Installment Sales
gage of $6,000. Your basis in the property is Third-party note. If the property the
$4,400. You have selling expenses of $600, buyer gives you is a third-party note (or other
Payments Received for a total installment sale basis of $5,000. obligation of a third party), you are considered
The part of the mortgage that is more than to have received a payment equal to the
Including Payments your installment sale basis is $1,000 ($6,000 note's FMV. Because the note is itself a pay-
Considered Received − $5,000). This amount is included in the ment on your installment sale, any payments
You must figure your gain each year on the contract price and treated as a payment re- you later receive from the third party are not
payments you receive, or are treated as re- ceived in the year of sale. The contract price considered payments on your sale.
ceiving, from an installment sale. These pay- is $4,000:
Example. You sold real estate in an in-
ments include the down payment and each Selling price ............................................... $9,000 stallment sale. As part of the down payment,
later payment of principal on the buyer's debt Minus: Mortgage ........................................ (6,000) the buyer assigned to you a $5,000, 8% note
to you. Amount actually received .......................... $3,000 of a third party. The FMV of the third-party
In certain situations, you are considered Add difference:
Mortgage ................................... $6,000 note at the time of your sale was $3,000. This
to have received a payment, even though the
Minus: Installment sale basis ... 5,000 1,000 amount, not $5,000, is a payment to you in
buyer does not pay you directly. These situ-
Contract price ............................................ $4,000 the year of sale. Because the third-party note
ations arise if the buyer assumes or pays any
had an FMV equal to 60% of its face value
of your debts, such as a loan, or pays any of Your gross profit on the sale is also
($3,000 ÷ $5,000), 60% of each payment of
your expenses, such as a sales commission. $4,000:
principal you receive on this note is a return
Selling price ................................................. $9,000 of capital. The remaining 40% is ordinary in-
Buyer pays seller's expenses. If the buyer come. Report the interest you receive in full
Minus: Installment sale basis ...................... (5,000)
pays any of your expenses related to the sale Gross profit .................................................. $4,000 as ordinary income.
of your property, it is considered a payment
to you in the year of sale. Include these ex- Bond. A bond or other evidence of debt
penses in the selling and contract prices Your gross profit percentage is 100%.
Report 100% of each payment as gain from you receive from the buyer that is payable on
when figuring the gross profit percentage. demand is treated as a payment in the year
the sale. You also treat the $1,000 difference
between the mortgage and your installment you receive it. If you receive a government
Buyer assumes mortgage. If the buyer as- sale basis as a payment and report 100% of or corporate bond that has interest coupons
sumes or pays off your mortgage, or other- it as gain in the year of sale. attached or that can be readily traded in an
wise takes the property subject to the mort- established securities market, you are con-
gage, the following rules apply. sidered to have received payment equal to
Mortgage less than basis. If the buyer Buyer assumes other debts. If the buyer the bond's FMV. Accrual basis taxpayers
assumes a mortgage that is less than your assumes your other debts, such as a loan or should see Regulations section
installment sale basis in the property, it is not back taxes, it may be considered a payment 15A.453–1(e)(2).
considered a payment to you. The contract to you in the year of sale. Buyer's note. The buyer's note (unless
price equals the selling price minus the mort- If the buyer assumes the debt instead of payable on demand) is not considered pay-
gage. This difference is all you will directly paying it off, only part of it may have to be ment on the sale. Its full face value is included
collect from the buyer. treated as a payment. Compare the debt to when figuring the selling price and the con-
your installment sale basis in the property tract price. Payments you receive on the note
Example. You sell property with an ad- being sold. If the debt is less than your in- are used to figure your gain in the year you
justed basis of $19,000. You have selling ex- stallment sale basis, none of it is treated as receive them.
penses of $1,000. The buyer assumes your a payment. If it is more, only the difference is
existing mortgage of $15,000 and agrees to treated as a payment. If the buyer assumes
more than one debt, any part of the total that Guarantee. If a third party or government
pay you $10,000 (a cash down payment of agency guarantees the buyer's payments to
$2,000 and $2,000 (plus 12% interest) in is more than your installment sale basis is
considered a payment. These rules are the you on an installment obligation, the guaran-
each of the next 4 years). tee itself is not considered payment.
The selling price is $25,000 ($15,000 + same as the rules discussed earlier under
$10,000). Your gross profit is $5,000 ($25,000 Buyer assumes mortgage. However, they
− $20,000 installment sale basis). The con- apply to only the following two types of debts Unstated interest. An installment sale con-
tract price is $10,000 ($25,000 − $15,000 the buyer assumes. tract generally provides that each deferred
mortgage). Your gross profit percentage is payment on the sale will include interest or
50% ($5,000 ÷ $10,000). You report half of 1) Those acquired from ownership of the that there will be an interest payment in ad-
each $2,000 payment received as gain from property you are selling, such as a dition to the principal payment. Interest pro-
the sale. You also report all interest you re- mortgage, lien, overdue interest, or back vided in the contract is called stated interest.
ceive as ordinary income. taxes. If an installment sale contract with some
or all payments due more than one year after
Mortgage more than basis. If the buyer 2) Those acquired in the ordinary course the date of sale does not provide for interest,
assumes a mortgage that is more than your of your business, such as a balance due part of each payment due more than 6
installment sale basis in the property, you re- for inventory you purchased. months after the date of sale may be treated
cover your entire basis. You are also relieved as interest. The amount treated as interest is
of the obligation to repay the amount bor- If the buyer assumes any other type of referred to as unstated interest.
rowed. The part of the mortgage greater than debt, such as a personal loan, it is treated as When the stated interest rate in the con-
your basis is treated as a payment received if the buyer had paid off the debt at the time tract is lower than the applicable federal rate,
in the year of sale. This is in addition to the of the sale. The value of the assumed debt is unstated interest is the difference between
buyer's other payments. considered a payment to you in the year of interest figured at the federal rate and any
To figure the contract price, subtract the sale. interest figured at the rate specified in the
mortgage from the selling price. This is the sales contract.
total you will actually receive from the buyer. Payment of property. If you receive prop- The applicable federal rates are published
Add to this amount the “payment” you are erty rather than money from the buyer, it is monthly in the Internal Revenue Bulletin. You
considered to receive (the difference between still considered a payment. However, see can get this information by contacting an IRS
the mortgage and your installment sale ba- Trading property for like-kind property, dis- office.
sis). The contract price is then the same as cussed earlier. The value of the payment is Generally, the unstated interest rules do
your gross profit from the sale. the property's FMV on the date you receive not apply to a debt given in consideration for
If the mortgage the buyer assumes is it. a sale or exchange of personal-use property.
equal to or more than your installment sale Fair market value (FMV). This is the Personal-use property is any property in
basis, the gross profit percentage will always price at which property would change hands which substantially all of its use by the buyer
be 100%. between a buyer and a seller, neither being is not in connection with a trade or business
required to buy or sell, and both having rea- or an investment activity.
Example. The selling price for your sonable knowledge of all the necessary facts. Unstated interest reduces the stated sell-
property is $9,000. The buyer will pay you If your installment sale fits this description, the ing price of the property and the buyer's basis
$1,000 annually (plus 8% interest) over the value assigned to property in your agreement in the property. It increases the seller's inter-
next 3 years and assumes an existing mort- with the buyer is good evidence of its FMV. est income and the buyer's interest expense.
Chapter 12 Installment Sales Page 67
More information. For more information, ticipation of selling the farm. There was no Install-
see Unstated Interest in Publication 537. section 179 deduction claimed on any asset. ment
Selling Sale Gross
Price Basis Profit
Ad-
Selling Selling justed Farm land ................ $125,000 $67,500 $57,500
Price Expense Basis Gain Buildings ................. 55,000 31,250 23,750
Truck ....................... 5,000 4,750 250
Installment Sale Home*
Land
$50,000
125,000
$2,500 $30,000 $17,500
6,250 61,250 57,500
Cattle* ..................... 5,000 4,250 750
$190,000 $107,750 $82,250
of a Farm Buildings
Truck
55,000
5,000
2,750
250
28,500
1,499
23,750
3,251 * Held less than 2 years
Equip. 17,000 850 9,189 6,961
The installment sale of a farm for one overall
Tractor 23,000 1,150 9,189 12,661 Section 1231 gains. Since the ordinary in-
price under a single contract is not the sale Cattle** 5,000 250 2,023 2,727
of a single asset. It generally includes the sale Cattle*** 20,000 1,000 833 18,167 come part of the gain on the truck is reported
of real and personal property that can be re- $300,000 $15,000 $142,483 $142,517 in the year of sale, the remaining gain ($250)
ported on the installment method. It may also and the gain on the land and buildings are
* Owned and used as main home for at least 2
include the sale of farm inventory, which of the 5 years prior to the sale
reported as section 1231 gains. The cattle
cannot be reported on the installment sale ** Held less than 2 years held for less than 2 years do not qualify for
method. See Inventory, earlier. The selling ***Held 2 years or more section 1231 treatment. The $750 gain on
price must be allocated to determine the their sale is reported as ordinary income as
amount received for each class of asset. payments are received. See Section 1231
The tax treatment of the gain or loss on Gains and Losses in chapter 11.
Depreciation recapture. The buildings are
the sale of each class of assets is determined section 1250 property. There is no depreci-
by its classification as capital asset or prop- Contract price and gross profit percent-
ation recapture income for them because they
erty used in the business, and by the length age. The contract price is $140,000 for the
were depreciated using the straight line
of time held. Separate computations must be part of the sale reported on the installment
method. See chapter 11 for more information
made to figure the gain or loss for each class method. This is the selling price ($300,000)
on depreciation recapture.
of asset sold. See Sale of a Farm in chapter minus the mortgage assumed ($50,000) mi-
The truck used for hauling is section 1245
10. nus the selling price of the assets with gains
property. The entire depreciation of $3,001 is
If you report the sale of property on the fully reported in the year of sale or excluded
recapture income because it is less than the
installment method, any depreciation recap- from income ($110,000).
gain on the truck. The remaining gain of $250
ture under section 1245 or 1250 of the Inter- Gross profit percentage for the sale is
is reported on the installment method.
nal Revenue Code is taxable as ordinary in- 58.75% ($82,250 gross profit ÷ $140,000
The equipment and tractor are section
come in the year of sale. This applies even if contract price). The gross profit percentage
1245 property. The entire gain on each
no payments are received in that year. for each asset is figured as follows:
($6,961 and $12,661, respectively) is depre-
ciation recapture income. Percent
The cattle used for breeding and held for Farm land ($57,500 ÷ $140,000) ............. 41.0714
less than 2 years are section 1245 property. Buildings ($23,750 ÷ $140,000) ............... 16.9643
Example The gain of $2,727 is depreciation recapture Truck ($250 ÷ $140,000) .......................... 0.1786
On January 3, 1998, you sold your farm, in- income to the extent of the depreciation Cattle* ($750 ÷ $140,000) ........................ 0.5357
cluding the equipment and livestock (cattle claimed ($1,977). The remaining gain of $750 Total .......................................................... 58.75
used for breeding). You received $50,000 is reported on the installment method. * Held less than 2 years
down and the buyer's note for $200,000. In The cattle used for breeding and held for
addition, the buyer assumed an outstanding more than 2 years are also section 1245
$50,000 mortgage on the farm land. The total property. Since the gain on the cattle of Figuring the gain to report on the install-
selling price was $300,000. The note pay- $18,167 is less than the depreciation claimed ment method. Only 56% of each payment
ments of $25,000 each, plus adequate inter- ($19,167), the total gain is depreciation re- is reported on the installment method
est, are due every July 1 and January 1, be- capture income. [$140,000 contract price ÷ $250,000 to be
ginning in July 1998. Your selling expenses The total depreciation recapture income received on the sale ($300,000 selling price
were $15,000. reported in Part II of Form 4797 is $42,767. − $50,000 mortgage assumed)]. The total
(This is the sum of: $3,001 + $6,961 + amount received on the installment sale in
$12,661 + $1,977 + $18,167.) Depreciation 1998 is $75,000 ($50,000 down payment +
Adjusted basis and depreciation. The ad- recapture income is reported as ordinary in- $25,000 payment on July 1). The installment
justed basis and depreciation claimed on come in the year of sale. sale part of the total 1998 payments is
each asset sold are as follows: The part of the gains reported as depre- $42,000 ($75,000 × .56). Figure the gain to
ciation recapture income on the truck and the report for each asset by multiplying its gross
cattle held less than 2 years ($3,001 and profit percentage times $42,000.
Depreciation Adjusted
Asset Claimed Basis $1,977) is added to their adjusted basis when Income
making the installment sale computations.
Home* ........................... -0- $30,000 Farm land—41.0714% × $42,000 ............. $17,250
Land .............................. -0- 61,250 Buildings—16.9643% × $42,000 ............... 7,125
Buildings ........................ $31,500 28,500 Truck—0.1786% × $42,000 ....................... 75
Truck ............................. 3,001 1,499 Assets not reported on installment Cattle*—0.5357% × $42,000 ..................... 225
Equipment ..................... 15,811 9,189 method. In the year of sale, the gain on the Total installment income for 1998 ............. $24,675
Tractor ........................... 15,811 9,189 cattle held 2 years or more, the equipment,
Cattle** .......................... 1,977 2,023 * Held less than 2 years
Cattle*** ......................... 19,167 833
and the tractor is reported in full. Because the
entire gain on the home can be excluded from
* Owned and used as main home for at least 2 income, the installment method does not ap- Reporting the sale. Report the installment
of the 5 years prior to the sale sale on Form 6252. Then report the amounts
** Held less than 2 years
ply to the sale of the home. See Sale of your
home in chapter 10. The selling price of these from Form 6252 on Form 4797 and Schedule
***Held 2 years or more D (Form 1040). Attach a separate page to
assets ($110,000) is subtracted from the total
selling price ($300,000). The selling price for Form 6252 that shows the computations in
the assets included in the installment sale is the example.
Gain on each asset. The following schedule $190,000. Section 1231 gains. The gains on the
shows the assets included in the sale, each land, buildings, and truck are section 1231
asset's selling price based on its respective gain and may be reported as capital or ordi-
value, the selling expense allocated to each Installment sale basis and gross profit. nary gain when combined with certain other
asset, the adjusted basis of each asset, and The following table shows each asset re- gains and losses.
the gain on each asset. The selling expense ported on the installment method, its selling Depreciation recapture and gain on
for each asset is 5% of the selling price price, “installment sale basis,” and gross pro- cattle. In the year of sale, you must report
($15,000 selling expense ÷ $300,000 selling fit. the total depreciation recapture income on
price). The livestock and produce held for Form 4797. The $225 gain on the cattle held
sale were sold before the end of 1997 in an- less than 2 years is ordinary income reported
Page 68 Chapter 12 Installment Sales
in Part II of Form 4797. See Table 11–1 in tax for tax years beginning after 1997. See Casualty. A casualty is the damage, de-
chapter 11. Disaster Area Losses, later. struction, or loss of property resulting from an
identifiable event that is sudden, unexpected,
Installment income for years after 1998. or unusual.
You figure installment income for the years Events that may cause casualty damage,
after 1998 by applying the same gross profit Introduction destruction, or loss include the following.
percentages to the payments you receive A casualty occurs when property is dam-
each year. If you receive $50,000 during the aged, destroyed, or lost due to a sudden, • Airplane crashes.
year, $28,000 is considered received on the unexpected, or unusual event. A theft occurs • Car or truck accidents not resulting from
installment sale (56% × $50,000). You realize when property is stolen. A condemnation your willful act or willful negligence.
income as follows: occurs when private property is legally taken
for public use without the owner's consent. A • Earthquakes.
Income
casualty, theft, or condemnation may result in • Fires.
Farm land—41.0714% × $28,000 ............. $11,500 a deductible loss or taxable gain on your
Buildings—16.9643% × $28,000 ............... 4,750 federal income tax return. • Floods.
Truck—0.1786% × $28,000 ....................... 50
Cattle*—0.5357% × $28,000 ..................... 150
An involuntary conversion occurs when • Freezing.
Total installment income ............................ $16,450 you receive money or other property, as re-
imbursement for a casualty, theft, condem- • Hurricanes.
* Held less than 2 years
nation, disposition of property under threat of • Lightning.
For each year you receive payments on condemnation, or certain other events dis-
the sale, you can exclude the gain on the sale cussed in this chapter. • Shipwrecks.
of your home from your income. You will re- If an involuntary conversion results in a • Storms.
port the gain on cattle held less than 2 years gain, you can postpone recognition of the
as ordinary income. You will combine your gain on your income tax return if you buy Progressive deterioration. Loss of
section 1231 gains with certain other gains qualified replacement property within the property due to progressive deterioration is
and losses in each of the later years to de- specified replacement period. For more infor- not deductible as a casualty loss. This is be-
termine whether to report them as ordinary mation, see Postponing Gain, later. cause the damage results from a steadily
or capital gains. The interest received with operating cause or a normal process, rather
each payment will be included in full as ordi-
nary income.
Topics than from a sudden event. Examples of
This chapter discusses: damage due to progressive deterioration in-
Summary. The installment income clude damage from rust, corrosion, or
(rounded to the nearest dollar) from the sale • Casualties and thefts termites. However, weather-related condi-
of the farm is reported as follows: tions or disease may cause another type of
• How to figure gain or loss
Selling price ............................................. $190,000 involuntary conversion. See Other Involuntary
Minus: Installment basis .......................... 107,750 • Other involuntary conversions Conversions, later.
Gross profit .............................................. $82,250 • Postponing gain
Gain reported in 1998 (year of sale) ....... $24,675 Theft. A theft is the taking and removing of
Gain reported in 1999: • Reporting gains and losses
money or property with the intent to deprive
$28,000 × 58.75% ............................... 16,450 the owner of it. The taking of your property
Gain reported in 2000: must be illegal under the law of the state
$28,000 × 58.75% ............................... 16,450 Useful Items
Gain reported in 2001: where it occurred and it must have been done
You may want to see: with criminal intent.
$28,000 × 58.75% ............................... 16,450
Gain reported in 2002: Theft includes the taking of money or
$14,000 × 58.75% ............................... 8,225 Publication property by blackmail, burglary, embezzle-
Total gain reported .................................. $82,250 ment, extortion, kidnapping for ransom, lar-
m 536 Net Operating Losses ceny, robbery, and threats.
m 544 Sales and Other Dispositions of The taking of money or property through
Assets fraud or misrepresentation is theft if it is illegal
under state or local law.
m 547 Casualties, Disasters, and Thefts
(Business and Nonbusiness) Mislaid or lost property. The simple disap-
13. m 584 Nonbusiness Disaster, Casualty, pearance of money or property is not a theft.
However, an accidental loss or disappear-
and Theft Loss Workbook
ance of property can qualify as a casualty if
Casualties, Form (and Instructions) it results from an identifiable event that is
sudden, unexpected, or unusual.
Thefts, and m Sch A (Form 1040) Itemized
Deductions Example. A car door is accidentally
Condemnations m Sch D (Form 1040) Capital Gains and
slammed on your hand, breaking the setting
of your diamond ring. The diamond falls from
Losses the ring and is never found. The loss of the
m Sch F (Form 1040) Profit or Loss From
diamond is a casualty.
Farming
Yes
Ä No
Ä
Are your net nonfarm profits
No Report two-thirds of your
less than 72.189% of your ©
gross nonfarm income? gross farm income as your
net earnings from farm
Yes self-employment.*
Ä
Were your actual net earnings Ä
from self-employment $400 or No No Are your actual net farm
©
more in at least 2 of the 3 tax profits less than $1,733?
years before 1998?
Yes
Yes Ä
Ä Report $1,600 as your net
Have you previously used this earnings from farm self-
method less than 5 years? No employment.*
©
(Note: There is a 5-year
lifetime limit.)
Ä
Yes © You cannot use the optional method.
Ä
Is your gross income from
No
all nonfarm businesses © Report $1,600 as your net earnings
$2,400 or less? from self-employment.*
Yes
Ä
Report two-thirds of gross
income from nonfarm self-
employment as net earnings
from self-employment.*
*If you use both optional methods, see Using Both Optional Methods for limits on the amount to report.
earned income, which could increase earnings, you can still use the farm optional Gross income from farming. Farming in-
your credit.) method. For example, your actual net come includes what you receive from culti-
earnings from self-employment are $425 and vating the soil or raising or harvesting any
• You are entitled to the earned income your net earnings figured under the farm op- agricultural commodities. It also includes in-
credit. (This method will increase your tional method are $390. You owe no SE tax come from the operation of a livestock, dairy,
earned income, which could increase if you use the optional method, because your poultry, bee, fish, fruit, or truck farm, or plan-
your credit.) net earnings under the farm optional method tation, ranch, nursery, orchard, or oyster bed.
are below $400. This includes income you receive in the form
of crop shares if you materially participate in
Regular Method production or management of production.
Gross income of $2,400 or less. If your Your gross income will not include any
Multiply your net SE income by 92.35%
gross income from farming is $2,400 or less, item listed earlier under Income that is not
(.9235) to get your net earnings under the
you may report two-thirds of this gross in- SE income. If you receive government com-
regular method. See Short Schedule SE, line
come as your net earnings from farm self- modity program payments on land you rent
4, or Long Schedule SE, line 4a.
employment. out, do not include these payments unless
You must use the regular method unless
you are eligible to use one or both of the op- you meet one of the four material participation
tional methods. Gross income of more than $2,400. If your tests, explained earlier. Also, do not include
gross income from farming is more than any income from a nonfarm business.
$2,400, and your net farm profits as shown Cash method of accounting. If you file
your return using the cash method and are
Farm Optional Method on line 36 of Schedule F (Form 1040) or line
not a member of a farming partnership, your
15a of Schedule K–1 (Form 1065), are less
As an individual farmer or as a partner in a gross income from farming will ordinarily be
than $1,733, you may report $1,600 as your
farming business, you may be able to use the the amount shown on line 11 of Schedule F.
net earnings from farm self-employment. But
farm optional method to figure your net Accrual method of accounting. If you
if your gross income from farming is more
earnings from farm self-employment. This file your return using an accrual method and
than $2,400 and your net farm profits are
method allows you to continue paying SE tax you are not a member of a farming partner-
$1,733 or more, you cannot use the optional
for your social security coverage when your ship, your gross income from farming will or-
method.
net profit for the year is small or you have a dinarily be the amount shown on line 51 of
Since two-thirds of $2,400 is $1,600, this
loss. Schedule F.
counts for two credits ($1,600 divided by
$700) under social security. You cannot use Gross income from a farm partnership.
Optional earnings less than actual the full amount of your gross income to de- Your gross income under the farm optional
earnings. If your net earnings under the farm termine credits when you are figuring the SE method includes your distributive share of a
optional method are less than your actual net tax on only two-thirds of that amount. partnership's gross income from farming.
Federal income tax. If the crew leader is 1) Form W–2, which contains the notifica- Introduction
considered the employer for social security tion on the back of Copy B. Retirement plans are savings plans that offer
and Medicare tax purposes, the crew leader you tax advantages to set aside money for
is considered the employer for federal income 2) A substitute Form W–2 with the exact your own and your employees' retirement.
tax purposes. EIC wording shown on the back of copy In general, a sole proprietor or a partner
B of Form W–2. also is considered an employee for purposes
Federal unemployment tax. For federal of participating in a retirement plan.
unemployment tax purposes, the crew leader 3) Notice 797, Possible Federal Tax Re-
is considered the employer of the workers if, fund Due to the Earned Income Credit Funding the plan. A retirement plan you
in addition to the earlier requirements, (EIC). establish as an employer can be funded en-
tirely by your contributions, or by a mix of your
1) The crew leader is registered under the 4) Your own written statement with the ex- contributions and employee contributions.
Migrant and Seasonal Agricultural act wording of Notice 797. Employee contributions do not have to satisfy
Worker Protection Act, or the minimum funding requirements for your
For more information about notification plan. For example, a retirement plan can re-
2) Substantially all crew members operate requirements and claiming the EIC, see No- quire after-tax employee contributions that by
or maintain mechanized equipment pro- tice 1015, Have You Told Your Employees themselves do not meet the minimum funding
vided by the crew leader as part of the About the Earned Income Credit (EIC)? requirements. Employee contributions can be
service to the farmer. voluntary or mandatory.
Chapter 17 Retirement Plans Page 83
Elective deferrals. Your plan can allow Pension–Individual Retirement
your employees to make elective deferrals, Accounts Contribution Agreement
Kinds of Qualified Plans
although they are considered employer con- There are two basic kinds of qualified retire-
tributions. This allows employees to elect to m 5305A–SEP Salary Reduction and Other ment plans: defined contribution plans and
have you contribute part of their current Elective Simplified Employee defined benefit plans.
compensation (pay) to a retirement plan. Pension–Individual Retirement
Only the remaining portion of their pay is Accounts Contribution Agreement Defined Contribution Plans
currently taxable. The income tax on the These are plans that provide for a separate
m 5304–SIMPLE Savings Incentive Match
contributed pay (and earnings on it) is de- account for each person covered by the plan.
Plan for Employees of Small Em-
ferred. Benefits are based only on amounts contrib-
ployers (SIMPLE) (Not subject to
the Designated Financial Institu- uted to or allocated to each account.
Employer contributions. Your contributions tion Rules) There are three types of defined contri-
to an employer-sponsored retirement plan bution plans: profit-sharing plans, stock bonus
generally are deductible as discussed later m 5305–SIMPLE Savings Incentive Match plans, and money purchase pension plans.
under Deduction Limits. Plan for Employees of Small Em-
Employer contributions that must be ployers (SIMPLE) (for Use With a Profit-sharing plan. This is a plan that lets
capitalized. You cannot currently deduct Designated Financial Institution) your employees or their beneficiaries share
your employer contributions to a retirement in the profits of your business. The plan must
plan (or any other expenses) if the uniform m 5500–EZ Annual Return of One- have a definite formula for allocating the
capitalization rules apply to you. If you are Participant (Owners and Their contributions made to the plan among the
subject to these rules, you must capitalize Spouses) Retirement Plan participating employees and for distributing
(include in the basis of certain property or in See chapter 21 for information about get- the funds in the plan.
inventory costs) your contributions as dis- ting these publications and forms.
cussed in chapter 7 of this publication. Stock bonus plan. This type of plan is sim-
ilar to a profit-sharing plan, but it can only be
Kinds of plans. Retirement plans are either: set up by a corporation. Benefits are payable
in stock of the employer.
• Qualified plans. This includes retirement
plans for small businesses, including the
Qualified Plans
Money purchase pension plan. Under this
self-employed (such as HR–10 (Keogh) A qualified retirement plan is a written plan plan, your contributions are a stated amount,
plans, SIMPLE plans, and simplified em- that you can establish for the exclusive ben- or are based on a stated formula that is not
ployee pensions (SEPs)), or efit of your employees and their beneficiaries. subject to your discretion. For example, your
Contributions to the plan may be made by formula could be 10% of each participating
• Nonqualified plans. you, or by both you and your employees. If employee's compensation. Your contributions
your plan meets the qualification require- to the plan are not based on your profits.
Also, in general, individuals who are em- ments, you generally can deduct your contri-
ployed can set up and contribute to individual butions to the plan when you make them,
retirement arrangements (IRAs). except for any amount capitalized. For more Defined Benefit Plans
information, see Publication 560. These are any plans that are not defined
Topics Your employees generally are not taxed contribution plans. In general, a qualified
This chapter discusses: on your contributions or increases in the defined benefit plan must provide for set
plan's assets until they are distributed to benefits. Your contributions to the plan are
• Qualified plans them. However, certain loans made from based on actuarial assumptions. Generally,
qualified employer plans are treated as taxa- you will need continuing professional help to
• Kinds of qualified plans
have a defined benefit plan.
ble distributions. For more information, see
• Plans for the self-employed Publication 575.
• Keogh plans Plan Approval
• Simplified employee pensions (SEPs) Qualification requirements. To be a qual- The Internal Revenue Service (IRS) will issue
ified plan, the plan must meet many require- a determination or opinion letter regarding a
• Salary reduction arrangements ments. Among these are rules concerning: plan's qualification. The determination or
• SIMPLE retirement plans opinion of the IRS will be based on how the
• Nonqualified plans
• Who must be covered by the plan, plan is written, not on how it operates.
• How contributions to the plan are to be You are not required to request a deter-
• Individual retirement arrangements mination or opinion letter to get all the tax
(IRAs) invested,
benefits of a plan. But, if your plan does not
• How contributions to the plan and bene- have a determination letter, you may want to
fits under the plan are to be determined, request one to ensure that your plan meets
Useful Items and the requirements for tax benefits.
You may want to see: A request for a determination, opinion, or
• How much of an employee's interest in ruling letter can be complex; therefore, you
the plan must be guaranteed (vested). may need professional help. Also, the IRS
Publication
charges a fee for issuing these letters. Attach
For more information, see Publication 560. Form 8717, User Fee for Employee Plan De-
m 533 Self-Employment Tax
termination Letter Request, to your determi-
m 560 Retirement Plans for Small Busi- nation letter application.
More than one job. If you are self-employed
ness (SEP, SIMPLE, and Keogh and also work for someone else, you can
Plans) participate in retirement plans for both jobs. Master and prototype plans. It may be
m 575 Pension and Annuity Income Generally, your participation in a retirement easier for you to adopt an IRS-approved ex-
plan for one job does not affect your partic- isting master or prototype retirement plan
m 590 Individual Retirement Arrange- ipation in a plan for the other job. However, than to set up your own original plan. Master
ments (IRAs) (Including Roth if you have an IRA, you might not be permit- and prototype plans can be provided by the
IRAs and Education IRAs) ted to deduct some or all of your IRA contri- following sponsoring organizations:
m 15 Employer's Tax Guide butions.
Your deduction for IRA contributions might • Trade or professional organizations,
(Circular E)
be limited if you also participate in a SEP-IRA. • Banks (including some savings and loan
See Publication 560. In addition, your IRA associations and federally insured credit
Form (and Instructions) deduction might be limited because you are unions),
m W–2 Wage and Tax Statement covered by an employer's retirement plan and
your income is above a certain amount. See • Insurance companies, or
m 5305–SEP Simplified Employee Publication 590. • Mutual funds.
Page 84 Chapter 17 Retirement Plans
Adoption of a master or prototype plan does ceed the limits discussed under Limits on For employees in a collective bar-
not mean that your plan is automatically Contributions and Benefits in Publication 560. TIP gaining unit covered by a plan for
qualified. It must still meet all of the quali- which the $160,000 limit does not
fication requirements stated in the tax law. apply, the compensation limit is $250,000.
The deduction limit for contributions to a
defined benefit plan may be greater than the
defined contribution plan limits just described, Figuring your deduction. Use the following
but actuarial calculations are needed to de- worksheet to find the reduced contribution
Retirement Plans for termine the amount. For more information rate for yourself. Make no reduction to the
contribution rate for any common-law em-
about these plans, see Kinds of Plans in
Small Businesses Publication 560. ployees.
If you are the owner of a small business (in- Rate Worksheet for Self-Employed
cluding a self-employed person), you can set Deduction of contributions for yourself. 1) Plan contribution rate as a decimal (for
up certain qualified retirement plans. See To take a deduction for contributions you example, 101/2% would be 0.105) .......
Qualified Plans, earlier. These plans gener- make for yourself to a plan, you must have 2) Rate in line 1 plus 1 (for example,
ally are called Keogh or HR–10 plans. You 0.105 plus 1 would be 1.105) .............
net earnings from the trade or business for 3) Self-employed rate as a decimal (di-
also can set up a less complicated tax- which the plan was established. vide line 1 by line 2) ...........................
advantaged retirement plan. See Simplified Limit on deduction. If the Keogh plan is
Employee Pension (SEP) later. a profit-sharing plan, your deduction for Now that you have your self-employed
A small employer can also set up a SIM- yourself is limited to the smaller of $30,000 rate, you can figure your maximum deduction
PLE retirement plan. See SIMPLE Retire- or 13.0435% (15% reduced as discussed for contributions for yourself by completing
ment Plans, after the Simplified Employee below) of your net earnings from the trade or the following steps:
Pension (SEP) discussion. business that has the plan. If the plan is a Deduction Worksheet for Self-Employed
money purchase plan, the deduction is limited
to the smaller of $30,000 or 20% (25% re- Step 1:
Keogh Plans duced as discussed below) of your net
Enter the contribution rate shown in line
3 above ................................................
Only a sole proprietor or a partnership (not a earnings. Step 2:
partner) can set up a Keogh plan. For plan Net earnings. Your net earnings must Enter your net earnings (net profit)
purposes, a self-employed person is both an be from self-employment in a trade or busi- from: line 31, Schedule C (Form 1040);
employer and an employee. It is not neces- ness in which your personal services are a line 3, Schedule C–EZ (Form 1040);
sary to have employees besides yourself to material income-producing factor. If you are line 36, Schedule F (Form 1040); or
set up a Keogh plan. The plan must be for a partner who only contributed capital, and line 15a, Schedule K–1 (Form 1065) .. $
Step 3:
the exclusive benefit of employees or their who did not perform personal services, you Enter your deduction for self-
beneficiaries. You generally can deduct con- cannot participate in the partnership's plan. employment tax from line 27, Form
tributions to the plan. Contributions are not Your net earnings do not take into account 1040 ..................................................... $
taxed to your employees until plan benefits tax-exempt income (or deductions related to Step 4:
are distributed to them. that income) other than foreign earned in- Subtract step 3 from step 2 and enter
come and foreign housing cost amounts. the result .............................................. $
See Publication 560 for the definition Your net earnings are your business gross Step 5:
TIP of employer, employee, and com- Multiply step 4 by step 1 and enter the
income minus allowable deductions from that result .................................................... $
mon-law employee. business. Allowable deductions include con- Step 6:
tributions to the plan for your common-law Multiply $160,000 by your plan contri-
employees along with your other business bution rate. Enter the result, but not
expenses. more than $30,000 .............................. $
Deduction Limits If you are a partner other than a limited Step 7:
The limit on your deduction for your contribu- partner, your net earnings include your dis- Enter the smaller of step 5 or step 6.
tions to a Keogh plan depends on the kind This is your maximum deductible
tributive share of the partnership income or contribution. Enter your deduction on
of plan you have. loss (other than separately computed items line 29, Form 1040 .............................. $
such as capital gains and losses) and any
Defined contribution plans. The deduction guaranteed payments you receive from the Example. You are a self-employed
limit for a defined contribution plan depends partnership. If you are a limited partner, your farmer and have employees. The terms of
on whether it is a profit-sharing plan or a net earnings include only guaranteed pay- your plan provide that you contribute 101/2%
money purchase pension plan. ments you receive for services rendered to (.105) of your compensation (defined earlier)
Profit-sharing plan. Your deduction for or for the partnership. For more information, and 101/2% of your common-law employees'
contributions to a profit-sharing plan cannot see Partners under Who Must Pay Self- compensation. Your net earnings from line
be more than 15% of the compensation from Employment Tax in Publication 533. 36, Schedule F (Form 1040) are $200,000. In
the business paid (or accrued) during the year Net earnings do not include income figuring this amount, you deducted your
to the common-law employees participating passed through to shareholders of S corpo- common-law employees' pay of $100,000 and
in the plan. You must reduce this 15% limit in rations. contributions for them of $10,500 (101/2% x
figuring the deduction for contributions you Adjustments. You must reduce your net $100,000). You figure your self-employed rate
make for your own account. See Deduction earnings by the income tax deduction for and maximum deduction for employer contri-
of contributions for yourself, later. one-half of your self-employment tax. Also, butions on behalf of yourself as follows:
Money purchase pension plan. Your net earnings must be reduced by the de-
deduction for contributions to a money pur- duction for contributions you make for your- Rate Worksheet for Self-Employed
chase pension plan is generally limited to self. This reduction is made indirectly, as ex- 1) Plan contribution rate as a decimal (for
25% of the compensation from the business plained next. example, 101/2% would be 0.105) ....... 0.105
paid during the year to a participating com- Net earnings reduced by adjusting 2) Rate in line 1 plus 1 (for example,
mon-law employee. You must reduce this contribution rate. You must reduce net 0.105 plus 1 would be 1.105) ............. 1.105
25% limit in figuring the deduction for contri- earnings by your deduction for contributions 3) Self-employed rate as a decimal (di-
butions you make for yourself, as discussed for yourself. The deduction and the net vide line 1 by line 2) ........................... 0.0950
later. earnings depend on each other. You can
make the adjustment to your net earnings in- Deduction Worksheet for Self-Employed
Defined benefit plans. The deduction for directly by reducing the contribution rate Step 1:
contributions to a defined benefit plan is called for in the plan and using the reduced Enter the contribution rate shown in line
rate to figure your maximum deduction for 3 above ................................................ 0.0950
based on actuarial assumptions and compu-
contributions for yourself. Step 2:
tations. Consequently, an actuary must figure Enter your net earnings (net profit)
your deduction limit. Annual compensation limit. You gen-
from: line 31, Schedule C (Form 1040);
erally cannot take into account more than line 3, Schedule C–EZ (Form 1040);
In figuring the deduction for contribu- $160,000 of your compensation in figuring line 36, Schedule F (Form 1040); or
!
CAUTION
tions, you cannot take into account
any contributions or benefits that ex-
your contribution to a defined contribution
plan.
line 15a, Schedule K–1 (Form 1065) .. $200,000
Contribution limits. Contributions you make Employee contributions. Participants can Example. Jim's salary reduction ar-
for a year to a common-law employee's also make contributions of up to $2,000 to rangement calls for a deferral contribution
SEP-IRA cannot exceed the smaller of 15% their SEP-IRAs independent of employer's rate of 10% of his salary to be contributed by
of the employee's compensation or $30,000. SEP contributions. The portion of the IRA his employer as an elective deferral to Jim's
Compensation, for this purpose, generally contributions that is deductible may be re- SEP-IRA. Jim's salary for the year is $30,000
does not include employer contributions to the duced or eliminated because the participant (before reduction for the deferral). The em-
SEP. is covered by an employer retirement plan ployer did not elect to treat deferrals as com-
Annual compensation limit. You gen- (the SEP plan). See Publication 590 for de- pensation under the arrangement. To figure
erally cannot consider the part of compen- tails. the deferral amount, the employer multiplies
sation of an employee that is over $160,000 Jim's salary of $30,000 by 9.0909%, the re-
when you figure your contributions limit for Salary Reduction Arrangement duced rate equivalent of 10%, to get the
that employee. deferral amount of $2,727.27. (This method
An employer is no longer allowed to is the same one that you, as a self-employed
For employees in a collective bar-
TIP gaining unit for which the $160,000
! establish a SARSEP. However, par-
CAUTION ticipants in a SARSEP established
person, use to figure the contributions you
make on your own behalf.) See Rate Work-
limit does not apply, the compen- before 1997 (including employees hired after sheet for Self-Employed, earlier in the chap-
sation limit is $250,000. 1996) can continue to elect to have their em- ter.
ployer contribute part of their pay to the plan. On Jim's Form W–2, the employer shows
More than one plan. If you also contrib- total wages of $27,272.73 ($30,000 minus
ute to a defined contribution retirement plan, A SEP can include a salary reduction $2,727.27), social security wages of $30,000,
annual additions to an account are limited to (elective deferral) arrangement. Under the and Medicare wages of $30,000. Jim reports
the lesser of (1) $30,000 or (2) 25% of the arrangement, employees can elect to have $27,272.73 as wages on his individual income
participant's compensation. When you figure you contribute part of their pay to their tax return.
Page 86 Chapter 17 Retirement Plans
If the employer elects to treat deferrals as Definitions Dollar-for-dollar employer matching con-
compensation under the salary reduction ar- tributions. The employer is required to
rangement, Jim's deferral amount would be match all eligible employees' elective contri-
$3,000 ($30,000 x 10%) because, in this SIMPLE retirement account. The SIMPLE butions, on a dollar-for-dollar basis, up to 3%
case, the employer uses the rate called for retirement account of an eligible employee is of the employee's compensation.
under the arrangement (not the reduced rate) an individual retirement plan that can be ei-
to figure the deferral and the ADP test. On ther an individual retirement account or an If the employer elects a matching
Jim's Form W–2, the employer shows total individual retirement annuity, as described in
Publication 590. Employees' rights to the
! contribution that is less than 3%, the
CAUTION percentage must not be less than 1%.
wages of $27,000 ($30,000 minus $3,000),
social security wages of $30,000, and Medi- contributions cannot be forfeited. The employer must notify the employees of
care wages of $30,000. Jim reports $27,000 A SIMPLE plan can also be set up as a the lower match within a reasonable time be-
as wages on his return. 401(k) plan. See Publication 560 for informa- fore the employee's 60-day election period for
In either case, the maximum deductible tion on how to adopt a SIMPLE plan as part the calendar year. A percentage less than 3%
contribution would be $3,913.05 ($30,000 x of a 401(k) plan. cannot be elected for more than two years
13.0435%). during a five-year period.
For more information on employer with- Qualified salary reduction arrangement.
holding requirements, see Publication 15. An employee eligible to participate in the Nonelective contributions. In lieu of the
For more information on SEPs, see Pub- SIMPLE plan may elect (during the 60-day dollar-for-dollar matching contributions, the
lication 560. period before the beginning of any year) to employer may elect to make nonelective
have the employer make contributions (called contributions of 2% of compensation on be-
elective deferrals) to the SIMPLE retirement half of each eligible employee. Only
account on his or her behalf. An employee $160,000 of the employee's compensation
who so elects may also stop making elective can be taken into account to figure the con-
deferrals at any time during the year. The tribution limit.
employer is required to match the employee's If the employer elects this 2% contri-
SIMPLE Retirement contributions or to make nonelective contri-
! bution formula, he or she must notify
butions. No other types of contributions are CAUTION the employees timely (within the em-
Plans allowed under the qualified salary reduction ployee's 60-day election period described
arrangement. earlier).
A SIMPLE plan is a written salary reduction
arrangement that allows a small business (an
employer with 100 or fewer employees) to Eligible employer. Any employer who has Time limits for contributing funds. The
make elective contributions to a SIMPLE re- 100 or fewer eligible employees in any year employer is required to contribute the em-
tirement account on behalf of each eligible can establish a SIMPLE plan provided the ployee's deferral to the SIMPLE account
employee. An eligible employer is not al- employer does not maintain another within 30 days after the end of the month for
lowed to maintain another retirement plan. employer-sponsored retirement plan. which the payments to the employee were
deferred. The employer's matching contribu-
Eligible employee. Any employee who re- tions to the SIMPLE plan, however, are re-
ceives at least $5,000 in compensation during quired to be made by the tax return filing
Setting Up a SIMPLE Plan any 2 years preceding the plan year can elect deadline, including extensions, for the tax
If an employer has 100 or fewer employees to have his or her employer make contribu- year that begins with or within the calendar
(who received at least $5,000 of compen- tions to a SIMPLE retirement account under year for which the contributions are made.
sation from the employer for the preceding a qualified salary reduction arrangement. The
year), the employer may be able to set up a employee must be expected to earn at least Distributions (Withdrawals)
SIMPLE retirement plan on behalf of eligible $5,000 during the calendar year.
Distributions from a SIMPLE retirement ac-
employees. The plan can be either:
count are subject to IRA rules and are
Compensation. Compensation for employ- includible in income when withdrawn. Tax-
• An IRA for each eligible employee, or ees is the total amount of wages required to free rollovers can be made from one SIMPLE
be reported on Form W–2, plus elective account into another SIMPLE account or into
• Part of a qualified cash or deferred ar- deferrals. For the self-employed individual, an IRA. Early withdrawals generally are sub-
rangement (a 401(k) plan). compensation is the net earnings from self- ject to a 10% (or 25%) additional tax.
employment (without regard to any contribu- See Publication 590 for information about
The SIMPLE plan must be the only retirement tion made to the SIMPLE plan for the self- IRA rules, including those on the tax treat-
plan of the employer to which contributions employed individual). ment of distributions, rollovers, required dis-
are made, or benefits are accrued, for service tributions, and income tax withholding.
Any SIMPLE elective deferrals relat- Exceptions. A rollover to an IRA can be
in any year beginning with the year the SIM-
TIP ing to an employee's wages under a made tax free only after a 2-year participation
PLE plan becomes effective.
salary reduction arrangement are in- in the SIMPLE plan. A 25% additional tax for
Under the qualified salary reduction ar-
cluded in the Form W–2 wages for social se- early withdrawal applies if funds are with-
rangement the employer's contributions on curity and Medicare tax purposes only.
behalf of the employee (elective deferrals) are drawn within 2 years of beginning partic-
stated as a percentage of the employee's ipation.
compensation and are limited to $6,000. The Contribution Limits
dollar limit is indexed for inflation in $500 in- Employee notification. The employer who
crements. Contributions are made up of employee sets up a SIMPLE plan must notify each eli-
Under the qualified salary reduction ar- elective deferrals and employer contributions. gible employee of his or her opportunity to
rangement the employer is also required to The employer is required to satisfy one of two make contributions under the plan. The em-
make either a matching contribution to the contribution formulas: the matching contribu- ployer must also notify all eligible employees
SIMPLE retirement account on behalf of each tion formula or a 2% nonelective contribution. of the contribution alternative that was cho-
employee who elects to make elective defer- No other contributions can be made to the sen. This information must be provided be-
rals, or a nonelective contribution to the SIM- SIMPLE plan. These contributions, which are fore the beginning of the employee's 60-day
PLE retirement account on behalf of each el- deductible by the employer, must be made election period.
igible employee. These two methods for timely.
determining the employer contribution formula More information. This chapter does not
are explained under Dollar-for-dollar em- Employee elective deferral limit. The contain all the rules and exceptions that apply
ployer matching contributions and 2% none- amount that the employee elects to have the to a SIMPLE IRA or a SIMPLE 401(k) plan.
lective contributions. employer contribute to a SIMPLE retirement See Publication 560 for additional informa-
Contributions to a SIMPLE plan are account on his or her behalf (elective defer- tion, including excludable employees and re-
deductible by the employer and are excluded rals) must not exceed $6,000 for any year and porting and disclosure requirements. You
from the gross income of the employee. must be expressed as a percentage of the may also get Form 5304–SIMPLE or Form
employee's compensation. 5305–SIMPLE and their instructions.
Chapter 17 Retirement Plans Page 87
Kerosene for household use. You may See chapter 21 for information about get-
claim a credit or refund for the excise tax you ting publications and forms.
Nonqualified Plans paid on undyed kerosene you bought after
You can deduct contributions made to a June 30, 1998, and used in your home for
nonexempt trust or premiums paid under a heating, lighting, or cooking. See the form
nonqualified annuity plan. Your employees instructions for how to make the claim (Form
4136 for credits and Form 8849 for refunds).
Fuels Used in Farming
generally must include the contributions or You may be eligible to claim a credit or refund
premiums in their gross income. of excise taxes included in the price of fuel
Deduct your contributions to the plan in Simplified refund rules. The rules for
claiming refunds of certain fuel taxes have used on a farm for farming purposes. This
the tax year in which any of your employees applies if you are the owner, tenant, or oper-
must include an amount of the contributions been changed. See How To Claim a Credit
or Refund. ator of a farm. You may claim only a credit for
in their gross income. You can deduct contri- the tax on gasoline, special motor fuels, and
butions only if you maintain separate ac- compressed natural gas used on a farm for
counts for each participating employee. farming purposes. You may claim either a
credit or refund for the tax on aviation fuel
Transferable interest. When an employee's Important Reminders used on a farm for farming purposes. You
interest in your contributions or premiums for cannot claim a credit or refund for the tax on
that employee is transferable, the employee Dyed diesel fuel and dyed kerosene. Dyed undyed diesel fuel or undyed kerosene used
must include those amounts in gross income diesel fuel and dyed kerosene that are used on a farm for farming purposes or for any use
for the tax year in which you make them. This for a nontaxable purpose (such as farm use) of dyed diesel fuel or dyed kerosene.
rule also applies if the employee's interest is are not taxed. However, the excise tax and a The term special motor fuels includes
not subject to a substantial risk of forfeiture penalty will be imposed on users of dyed such products as benzol, benzene, naphtha,
(that is, there is not much of a risk that the diesel fuel or dyed kerosene who know or liquid petroleum gas, casing head and natural
employee will lose his or her interest) when have reason to know that they used the fuel gasoline. It also includes any other liquid
you make contributions or pay premiums for for a taxable purpose. You cannot use dyed other than gasoline, diesel fuel, kerosene, gas
that employee. diesel fuel or dyed kerosene in a registered oil, and fuel oil. Treat as special motor fuels
highway vehicle. For information about regis- products called kerosene, gas oil, or fuel oil
tered highway vehicles, see How To Buy that do not fall within certain specifications.
Nontransferable interest. If, when you Diesel Fuel and Kerosene Tax Free, later. For more information, see Publication 510.
make the contributions, the employee's inter-
est in the trust or in the value of the annuity Undyed diesel fuel and undyed kerosene. Farm. A farm includes livestock, dairy, fish,
contract is not transferable and is subject to A registered vendor that sells undyed diesel poultry, fruit, fur-bearing animals, and truck
a substantial risk of forfeiture, the employee fuel or undyed kerosene for use on a farm for farms, orchards, plantations, ranches, nurs-
does not include that interest in gross income farming purposes is allowed to claim a refund eries, ranges, and feed yards for fattening
until the tax year in which the interest be- or credit of the excise tax on that fuel. cattle. It also includes structures such as
comes transferable or is no longer subject to Farmers cannot claim a refund or credit for greenhouses used primarily for raising agri-
a substantial risk of forfeiture. the excise tax paid on that fuel. See How To cultural or horticultural commodities. A fish
Buy Diesel Fuel and Kerosene Tax Free, farm is an area where fish are grown or raised
later. — not merely caught or harvested. You must
operate the farm for profit. It must be located
Individual Retirement in any of the 50 states or the District of
Columbia.
Arrangements (IRAs) Introduction
You may be eligible to claim a credit on your Farming purposes. You use fuel on a farm
An individual retirement arrangement (IRA) is for farming purposes if you use it in any of the
income tax return for federal excise tax paid
a personal savings plan that allows you to set following ways.
on certain fuels. You may also be eligible to
aside money for your retirement or for certain
claim a quarterly refund of the fuel taxes
education expenses. You may be able to de- 1) To cultivate the soil or to raise or harvest
during the year, instead of waiting to claim a
duct your contributions in whole or in part, any agricultural or horticultural commod-
credit on your income tax return.
depending on the kind of IRA and your cir- ity.
See Publication 378 for information about
cumstances. Generally, amounts in your IRA,
credits and refunds for fuels used for nontax- 2) To raise, shear, feed, care for, train, or
including earnings and gains, are not taxed
able purposes not discussed in this chapter. manage livestock, bees, poultry, fur-
until they are distributed. They may not be
taxed at all if they are distributed according bearing animals, or wildlife.
to the rules. For more information on IRAs, Topics 3) To operate, manage, conserve, improve,
see Publication 590. This chapter discusses: or maintain your farm, tools, or equip-
ment.
• Fuels used in farming
4) To handle, dry, pack, grade, or store any
• How to buy diesel fuel and kerosene tax raw agricultural or horticultural commod-
free ity. For this use to qualify, you must have
• Fuels used in off-highway business use produced more than half the commodity
that was so treated during the tax year.
18. • How to claim a credit or refund Commodity means a single raw product.
• Including the credit or refund in income For example, apples and peaches are
two separate commodities. The more-
Excise Taxes than-one-half test applies separately to
Useful Items each commodity.
You may want to see: 5) To plant, cultivate, care for, or cut trees,
or to prepare (other than sawing into
Publication lumber, chipping, or other milling) trees
Important Changes m 378 Fuel Tax Credits and Refunds
for market, but only if the planting, etc.,
is incidental to your farming operations.
m 510 Excise Taxes For 1999 Your tree operations are incidental only
Excise tax on kerosene. Effective July 1, if they are minor in nature when com-
1998, the excise tax rules that apply to diesel pared to the total farming operations.
fuel generally apply to kerosene. This in- Form (and Instructions)
cludes the rule that only registered ultimate m 4136 Credit for Federal Tax Paid on
If another person, such as a neighbor or
vendors can claim a credit or refund for excise custom operator, performs a service for any
Fuels
taxes paid on diesel fuel or kerosene used of the purposes included in (1) or (2) for you
on a farm for farming purposes. m 8849 Claim for Refund of Excise Taxes on your farm, you can claim the credit or re-
Page 88 Chapter 18 Excise Taxes
fund for the fuel (other than diesel fuel or
kerosene) so used. If the other person per-
Table 18-1. Sample Waiver
forms any other services for you on your farm
for purposes not included in (1) or (2), no one WAIVER OF RIGHT TO CREDIT OR REFUND
can claim the credit or refund for fuel used
on your farm for those other services. I hereby waive my right as owner, tenant, or operator of a farm located at:
Example. Farm owner Nancy Blue hired
custom operator Harry Steele to prepare the Address
soil on the her farm for planting. Under the
contract, she paid for 200 gallons of gasoline to receive credit or refund for fuel used by:
to be used by Harry in cultivating the soil on
her farm. In addition, she hired Contractor
Brown to pack and store her apple crop. Name of Applicator
Brown bought 25 gallons of gasoline to use
in packing the apples and was not reimbursed
by Nancy. She can claim the credit for the 200 on the farm in connection with cultivating the soil, or the raising or harvesting of any
gallons of gasoline used by Harry on her farm agricultural or horticultural commodity. This waiver applies to fuel used during the
because it qualifies as fuel used on the farm period:
for farming purposes. No one can claim a
credit for the 25 gallons because they were
not used for a farming purpose listed in (1) Both Dates Inclusive
or (2) earlier.
I understand that by signing this waiver, I give up my right to claim any credit or
Buyer of fuel. If doubt exists whether the refund for fuel used by the aerial applicator or other applicator of fertilizer or other
owner, tenant, or the operator of the farm substances during the period indicated, and I acknowledge that I have not previously
bought the fuel, determine who actually bore claimed any credit for that fuel.
the cost of the fuel. Also, if you sell fuel to a
neighbor who uses it on a farm for farming
purposes, your neighbor may be able to claim Signature
the credit on the fuel. Your neighbor (not you)
bore the cost of the fuel.
Date
Example. An owner of a farm and his
tenant share the cost of gasoline used on the
farm 50–50. Each can claim a credit for the authorize an agent, such as a cooper- ing maple sap into maple syrup or maple
tax on half the fuel used for farming purposes. ative, to sign the waiver for you. sugar.
4) Keep a copy of the waiver for your rec-
Diesel fuel and kerosene. If undyed diesel ords and give a copy of the signed All-terrain vehicles (ATVs). Fuel used in
fuel or undyed kerosene is used for any of the waiver to the applicator. Do not send this ATVs on a farm for farming purposes, dis-
previously listed farming purposes, the fuel waiver to the Internal Revenue Service cussed earlier, is eligible for a credit or refund
cannot be considered as being used for any unless requested to do so. of excise taxes included in the price of the
other nontaxable purpose. The credit or re- fuel. Fuel used in ATVs for nonfarming pur-
fund is allowed only to the registered ultimate The waiver may be a separate document poses is not eligible for a credit or refund of
vendor. Farmers cannot claim a refund or or it may appear on an invoice or another the taxes.
credit for this fuel if it is used for farming document from the applicator. If the waiver
purposes. See How To Buy Diesel Fuel and appears on an invoice or other document, it
Kerosene Tax Free, later. must be printed in a section clearly set off
A registered ultimate vendor is a seller from all other material, and it must be printed
registered by the IRS who sells undyed diesel in type large enough to put you on notice that How To Buy
fuel or undyed kerosene to the user of the fuel you are waiving your right to the credit or re-
(the ultimate purchaser). fund. If the waiver appears as part of an in- Diesel Fuel and
Custom application of fertilizer and pesti-
voice or other document, it must be signed
separately from any other item that requires
Kerosene Tax Free
cide. Fuel used on a farm for farming pur- your signature. You buy dyed diesel fuel and dyed kerosene
poses includes fuel used in the aerial or other Sign a separate waiver for each tax year excise tax free. You must use them only for
application of fertilizers, pesticides, or other or part of a tax year in which the fuel was a nontaxable purpose, including use on a
substances. You as the owner, tenant, or used. When the period covered by the waiver farm for farming purposes. If you use the dyed
operator may claim the credit or refund (other extends beyond the applicator's tax year, the fuel for a taxable purpose, such as in a reg-
than on diesel fuel or kerosene). You may applicator must wait until the next tax year to istered highway vehicle, you could be sub-
waive your right to the claim and allow the claim the portion for that period. ject to the excise tax and a penalty. See
applicator to make the claim. If you waive Sample form of waiver. While no spe- Registered highway vehicle, later.
your right, the applicator is then treated as cific form is required, an acceptable statement You may buy undyed diesel fuel and un-
having used the fuel on a farm for farming waiving your right to claim a credit or refund dyed kerosene tax free for use on a farm for
purposes. See How To Claim a Credit or is shown in Table 18–1. farming purposes from a registered ultimate
Refund, later. vendor. This applies to fuel bought by any of
Waiver. To waive your right to the credit Fuel not used for farming. You do not use the following persons.
or refund, you must take all the following fuel for farming purposes when you use it in
actions. any of the following ways. • The owner, tenant, or operator of a farm
for use on a farm for any of the purposes
1) Sign an irrevocable statement that you listed earlier under Farming purposes.
knowingly give up your right to the credit • Off the farm, such as on the highway or
or refund. in noncommercial aviation, even if the • Any other person for use on a farm for
fuel is used in transporting livestock, any of the purposes in items (1) and (2)
2) Identify clearly the period that the waiver feed, crops, or equipment. listed earlier under Farming purposes.
covers. The effective period of your
waiver cannot extend beyond the last
• For personal use, such as mowing the
lawn. You must give the vendor a signed certif-
day of your tax year in which the fuel was
icate, which should be substantially the same
used. • In processing, packaging, freezing, or as the sample certificate shown in Table
canning operations.
3) Sign the waiver before the applicator 18–2. You may include the certificate as part
files his or her claim. Once you sign the • In processing crude gum into gum spirits of any business records you normally keep to
waiver, you cannot revoke it. You may of turpentine or gum resin or in process- document a sale and purchase.
Chapter 18 Excise Taxes Page 89
Table 18-2. Sample Exemption Certificate tural modification, be used as part
of a vehicle designed to carry any
EXEMPTION CERTIFICATE other load.
(To support vendor’s claim for credit or payment under section 6427 of the Internal Revenue Code) 2) Vehicles designed for off-highway trans-
portation. A self-propelled vehicle is not
a highway vehicle if it meets the follow-
Name, Address, and Employer Identification Number of Seller ing conditions.
The undersigned buyer (“Buyer”) hereby certifies the following under penalties of a) The vehicle is designed primarily to
perjury: carry a specific kind of load other
than over the public highway for
A. Buyer will use the diesel fuel to which this certificate relates either — (check one): certain operations (construction,
manufacturing, mining, processing,
1. On a farm for farming purposes (as defined in §48.6420-4 of the farming, drilling, timbering, or simi-
Manufacturers and Retailers Excise Tax Regulations)(and Buyer is the lar operations).
owner, tenant, or operator of the farm on which the fuel will be used).
b) The vehicle's use in carrying this
2. On a farm (as defined in §48.6420-4(c)) for any of the purposes described in load over public highways is sub-
¶ (d) of that section (relating to cultivating, raising, or harvesting)(and Buyer stantially limited or impaired be-
is not the owner, tenant, or operator of the farm on which the fuel will be cause of its design. To determine
used). if the use is substantially limited or
B. This certificate applies to the following (complete as applicable): impaired, you can take into account
whether the vehicle may travel at
1. If this is a single purchase certificate, check here and enter: regular highway speeds, requires a
a. Invoice or delivery ticket number special permit for highway use, or
is overweight, overheight, or over-
b. Number of gallons width for regular highway use.
2. If this is a certificate covering all purchases under a specified account or order Registered. A vehicle is considered reg-
number, check here and enter: istered if it is registered or required to be
a. Effective date registered for highway use under the law of
any state, the District of Columbia, or any
b. Expiration date foreign country in which it is operated or sit-
(period not to exceed 1 year after effective date) uated. Any highway vehicle operated under
a dealer's tag, license, or permit is considered
c. Buyer account or order number
registered. A highway vehicle is not consid-
■ Buyer will provide a new certificate to the seller if any information in this certificate ered registered solely because a specific
changes. permit allows the vehicle to be operated at
particular times and under specified condi-
■ If Buyer uses the diesel fuel to which this certificate relates for a purpose other tions.
than stated in the certificate Buyer will be liable for any tax.
■ Buyer understands that the fraudulent use of this certificate may subject Buyer
and all parties making such fraudulent use of this certificate to a fine or
imprisonment, or both, together with the costs of prosecution. Fuels Used In
Signature and Date Signed
Off-Highway
Business Use
Printed or Typed Name and Title of Person Signing You may be eligible to claim a credit or refund
for fuels used in an off-highway business use.
Name, Address, and Employer Identification Number of Buyer Off-highway business use. Off-highway
business use is any use of fuel in a trade or
You cannot claim a credit or refund for the Vehicles not considered highway vehi- business or in any income-producing activity.
excise tax on diesel fuel or kerosene used on cles. Generally, the following kinds of vehi- The use must not be in a highway vehicle
a farm for farming purposes. cles are not considered highway vehicles. registered for use on public highways. Off-
highway business use generally does not in-
1) Specially designed mobile machinery for clude any use in a motorboat.
Registered highway vehicle. A highway
vehicle is any self-propelled vehicle designed nontransportation functions. A self-
Note. If undyed diesel fuel or undyed
to carry a load over public highways, whether propelled vehicle is not a highway vehi-
kerosene is used on a farm for farming pur-
or not also designed to perform other func- cle if it consists of a chassis that meets
poses (discussed earlier), the fuel cannot be
tions. Examples of vehicles designed to carry all of the following conditions.
considered as being used in an off-highway
a load over public highways are passenger business use. Farmers cannot claim a credit
a) It has permanently mounted to it
automobiles, motorcycles, buses, and or refund for the tax on diesel fuel or kerosene
machinery or equipment used to
highway-type trucks and truck tractors. A ve- used on a farm for farming purposes. See
perform certain operations (con-
hicle is a highway vehicle even though the How To Buy Diesel Fuel and Kerosene Tax
struction, manufacturing, drilling,
vehicle's design allows it to perform a high- Free, earlier.
mining, timbering, processing,
way transportation function for only one of the
farming, or similar operations) if the
following purposes.
operation of the machinery or Examples. Off-highway business use in a
• A particular type of load, such as pas- equipment is unrelated to transpor- trade or business or income-producing activ-
sengers, furnishings, and personal ef- tation on or off the public highways. ity includes fuels used in any of the following
fects (as in a house, office, or utility ways.
b) It has been specially designed to
trailer). serve only as a mobile carriage and 1) In stationary machines such as genera-
• A special kind of cargo, goods, supplies, mount for the machinery or equip- tors, compressors, power saws, and
or materials. ment, whether or not the machinery similar equipment.
or equipment is in operation.
• Some off-highway task unrelated to 2) For cleaning purposes.
highway transportation, except as dis- c) Because of its special design, it
cussed next. could not, without substantial struc- 3) In forklift trucks and bulldozers.
Page 90 Chapter 18 Excise Taxes
4) In vehicles operating off the highway in Claims on Form 4136 (other than for
construction, mining, or timbering activ-
Claiming a Credit gasohol blending, line 8) are separated into
ities if the vehicles are neither registered You file a claim for credit (including the fuel seven claim groups based on the type of fuel
nor required to be registered. tax credit) on Form 4136 and attach it to your and the use of that fuel. Once you file Form
income tax return. Do not claim a credit on 4136 with a claim for a group, you cannot file
Form 4136 for any excise tax for which you an amended return with another claim for that
Generally, it does not include nonbusi- have already filed a refund claim on Form
ness, off-highway use of fuel, such as use by group. However, you can file an amended
8849. return with a claim for another group.
minibikes, snowmobiles, power lawn mowers, You must claim a credit for excise tax you
chain saws, and other yard equipment. The following table shows what claims are
paid on any of the following. in each group. The numbers in the second
For more information about the credit or
refund for fuels used in an off-highway busi- column refer to the line numbers on Form
• Gasoline, special motor fuels, and com- 4136. The numbers in the third column are
ness use, see Publication 378.
pressed natural gas you use on your farm from Type of Use Table in the Form 4136 in-
for farming purposes. structions.
• Fuels used for nontaxable purposes if the Group Line No. Type of Use
total for the tax year is less than $750.
How To Claim a • Fuel that was not included in any claim I 1b, 1d-f, 2b 1
for refund filed for the tax year. II 1a, 1d-f, 2a 2
Credit or Refund III 1c-f 5, 7
You may be able to claim a credit or refund How to claim a credit. How you claim a IV 1c-f, 2b 3, 4, 9
of the excise taxes included in the price of credit depends on whether you are an indi- V 3c, 7 5, 7
fuels you use for nontaxable purposes. You vidual, partnership, corporation, S corpo-
ration, trust, or farmers' cooperative associ- VI 3a-b, 4a-b, 5, 6 See line instructions
can claim only a credit for gasoline, special
motor fuel, and compressed natural gas used ation. VII 2b 10
for farming purposes. You can claim either a Individuals. You claim the credit on line For each tax year, you can make only one
credit or a refund for aviation fuel used for 63 and check box b of your 1998 Form 1040. claim for each group.
farming purposes. If you may not otherwise have to file an in-
No credit or refund is allowed to anyone come tax return, you must do so to get a fuel Example. You file your income tax return
for any fuel, such as dyed diesel fuel or dyed tax credit. See the instructions for Form 1040. and claim a fuel tax credit. Your Form 4136
kerosene, bought tax free. Partnerships. A partnership cannot claim shows an amount on line 1b for use of gaso-
the credit on Form 1065, U.S. Partnership line on a farm for farming purposes. This is
Return of Income. The partnership must at- a Group I claim. You cannot amend your re-
Undyed diesel fuel and undyed kerosene. tach a statement to Form 1065, showing the turn to claim a credit for an amount on line
You cannot claim a credit or refund for un- number of gallons of each fuel allocated to 2b for use of aviation gasoline on a farm for
dyed diesel fuel or undyed kerosene used on each partner and the rate that applies. Each farming purposes (Type of Use 1), since that
a farm for farming purposes. Only the regis- partner claims the credit on his or her income is also a Group I claim. However, if you used
tered vendor that sells the fuel to you can tax return for the partner's share of the fuel the aviation gasoline in a helicopter for a
make this claim. However, you can claim a used by the partnership. qualifying purpose (Type of Use 10), you can
credit or refund for undyed diesel fuel or un- An electing large partnership can claim the amend your return to claim the credit for that
dyed kerosene used for other nontaxable credit on line 27 of Form 1065–B, U.S. Return fuel tax because that would be a Group VII
purposes, such as off-highway business use. of Income for Electing Large Partnerships. claim.
If undyed diesel fuel or undyed kerosene is Corporations. To claim the credit, cor-
used on a farm for farming purposes, you porations either use line 32g of Form 1120,
cannot consider it as being used for any other U.S. Corporation Income Tax Return, or line Claiming a Refund
nontaxable purpose. 28g of Form 1120–A, U.S. Corporation You can file a claim for refund for any quarter
Short-Form Income Tax Return. of your tax year for which you can claim $750
S corporations. To claim the credit, S or more. This amount includes the excise tax
Taxpayer identification number. To file a corporations use line 23c of Form 1120S, paid on all fuels used for any qualifying pur-
claim for credit or refund, you MUST have a U.S. Income Tax Return for an S Corpo- pose during that quarter or any prior quarter
taxpayer identification number. See Identifi- ration. (for which no other claim has been filed) dur-
cation Number in chapter 2. Farmers' cooperative associations. If ing the tax year. File a claim for refund on
the cooperative must file Form 990–C, Farm- Form 8849.
Keep at your principal place of busi- ers' Cooperative Association Income Tax
ness all records needed to enable the Return, it uses line 32g to claim the credit. You cannot claim a refund for excise
RECORDS IRS to verify the amount you claimed.
Sample Return Line items. He then fills in all applicable Line items. He then fills in all applicable
items of farm income. items of farm expense deductions.
This sample return uses actual forms to Line 12. He uses his trucks 100% for his
show you how to prepare your income tax Line 1. In 1998, he sold steers he had
bought for resale. He enters sales of $37,942. farming business and the actual cost (not in-
return. However, the information shown on cluding depreciation) of operating the trucks
the filled-in forms is not from any actual Line 2. He enters the cost of the steers,
$6,523. He has kept a record of the cost of in 1998 was $2,659. He uses his family car
farming operation. 60% for business. It cost $2,307 to operate
Walter Brown is a dairy farmer and his the livestock he bought and is careful to de-
duct the cost of an animal in the year of its the car in 1998. He can deduct $1,384 for the
wife, Jane, is a substitute teacher for the car ($2,307 × .60). He enters a total of $4,043
county school system. They have three chil- sale.
Line 3. He subtracts his cost on line 2 on line 12. (Depreciation is reported on line
dren. Their return has been prepared using 16.)
the cash method of accounting. See chapter from the sales on line 1 and reports the dif-
ference, $31,419, as his profit on line 3. Had Line 13. The $2,701 on this line is the
3 for an explanation of the cash method and amount he paid for pesticides and herbicides
other methods of accounting. he sold any other items he bought for resale
he would combine the sales and costs of purchased during the year.
these items with the sales and costs of the Line 14. He deducts the $1,040 spent on
Rounding off cents. You may round off steers and report only the totals on lines 1, diversion channels in 1998. The amount
cents to the nearest whole dollar on your re- 2, and 3. He does not report here sales of listed here includes the full cost of the gov-
turn and schedules. This will make it easier animals held for draft, dairy, breeding, or ernment cost-sharing project (line 6). He
to complete your return. To do so, drop sport. He reports those sales on Form 4797. continues the policy elected in previous years
amounts under 50 cents and increase Line 4. He enters the income he received of deducting annual soil and water conserva-
amounts from 50 to 99 cents to the next dol- during 1998 from sales of items he raised or tion expenses. The expenses are consistent
lar. For example, $129.49 becomes $129 and produced on his farm. His principal source of with a plan approved by the Natural Re-
$235.50 becomes $236. farm income is dairy farming. The amount sources Conservation Service of the USDA.
If you do round off, do so for all amounts. reported on this line, $145,720, includes sales Because the amount was not more than 25%
However, if you have to add two or more of all of the following. of Mr. Brown's gross income from farming, the
amounts to figure the total to enter on a line, entire amount is deductible. See chapter 6 for
include cents when adding the amounts and Milk ........................................................... $116,576 more information on soil and water conser-
round off only the total. Raised steers and calves ........................ 2,914 vation expenses.
Vegetables he grew ................................. 1,457 Line 15. The $1,575 on this line is the
Corn ($7,286), hay ($8,944), and wheat amount he paid a company for spraying his
Losses from operating a farm. The sample ($8,543) he raised ................................... 24,773 crops. The payment was made to a corpo-
Total reported on line 4 ........................... $145,720
return shows a gain from the operation of the ration, so he does not file a Form 1099–MISC
farm. However, if your deductible farm ex- Lines 5a and 5b. He reports the $33 of to report the payment.
penses are more than your farm income for patronage dividends received from cooper- Line 16. He enters the $37,532 depreci-
the year, you have a loss from the operation atives on line 5a. Since it was a qualified ation from Form 4562, discussed later.
of your farm. If your loss is more than your written notice of allocation he enters $33 as Line 18. He enters the cost of feed
other income for the year, you may have a the taxable amount on line 5b. bought for livestock, $18,019. He did not in-
net operating loss (NOL). You may also have Lines 6a and 6b. He received FSA (Farm clude the cost of feed bought for livestock he
an NOL if you had a casualty or theft loss that Service Agency) cost sharing of $438 on a and his family intend to consume.
was more than your income. soil conservation project (diversion channels) Line 19. He enters $6,544. This is the
If you have an NOL this year, you may be completed in 1998. The income was received amount paid for fertilizer and lime.
able to reduce your income (and tax) in other as materials and services paid for by the Line 20. He deducts the $5,105 he paid
years by carrying the NOL to those years and government and is reported on both line 6a for trucking and milk marketing expenses. He
deducting it from income. and line 6b. This amount is reported to the chose to itemize the $807 government milk
To determine if you have an NOL, com- Internal Revenue Service (IRS), generally on assessment and lists it separately on line 34a.
plete your tax return for the year. You may Form 1099–G, by the Department of Agricul- Line 21. He deducts the $3,521 cost of
have an NOL if a negative figure appears on ture (USDA). The entire $438 has been in- gasoline, fuel, and oil bought for farm use,
line 37 of Form 1040. If this is the case, see cluded on line 14 of Schedule F as a con- other than amounts he included on line 12 for
Losses From Operating a Farm in chapter 5. servation expense. He did not receive any car and truck expenses. He did not deduct the
Chapter 20 Sample Return Page 93
cost of fuel used for heating, lighting, or Line 33. He enters $3,217, the total paid Depreciable property. One of his purchased
cooking in his home. during 1998 for veterinary fees ($1,821), dairy cows was killed by lightning in July
Line 22. He deducts the $1,070 cost of livestock medicines ($650), and breeding fees 1998. Two other purchased cows (#52 and
insurance on his farm buildings (not his ($746). He does not prepare Form #60) were sold in 1998. The cows were de-
home), equipment, livestock, and crops. He 1099–MISC for the veterinarian and breeder preciated under MACRS (ADS), using a half-
did not deduct the entire premiums on 3-year fees because both are incorporated. year convention. Therefore, he can claim a
and 5-year insurance policies in the year of Line 34. He enters other farm business half-year's depreciation for each cow in 1998.
payment, but deducts each year only the part expenses. These include: $807 government He has other breeding and dairy cows that
that applies to that year. For more informa- milk assessment; $347 for commissions, he raised. He did not claim depreciation on
tion, see Insurance in chapter 5. dues, and fees; $287 for financial records and them because his basis in the cows is zero
Lines 23a and 23b. He deducts on line office supplies; and $534 for farm business for income tax purposes.
23a the $3,175 interest paid on the farm travel. Farm business travel includes ex- During 1998 the Browns owned two family
mortgage for the land and buildings used in penses for the State Beef Tour and for at- cars. One of them was not used for farm
farming. He deducts on line 23b $1,043 in- tending the farm management conference at business. Mr. Brown cannot deduct the de-
terest paid on obligations incurred to buy State University. He included only 50% of the preciation on it. He determined that his other
livestock and other personal property used in cost of meals in the deduction. car was used 60% for his farm business and
farming or held for sale. Interest on his home Line 36—Net farm profit. To arrive at 40% for personal driving.
is deducted on Schedule A (Form 1040), his net farm profit, he subtracts the amount The Depreciation Worksheet contains an
which is not shown. on line 35 ($126,937) from the amount on line itemized list of Mr. Brown's assets for which
Line 24. He enters the $16,416 in wages 11 ($180,100). His net farm profit, entered on he is deducting depreciation in 1998. He must
he paid during the year for labor hired to op- line 36, is $53,163. He also enters that list each item separately to keep track of its
erate his farm, including wages paid to his amount on line 18 of Form 1040, and on line basis. The pickup truck and car purchased
wife and children. He has no employment 1 of Section A, Schedule SE (Form 1040). in 1995 are listed property in the 5-year
credits. Not all the wages paid were subject Because he shows a net profit on line 36, he property class.
to social security tax, but for those that were, skips line 37. New assets. Mr. Brown added three as-
he included the full amount of the wages be- sets to the business in 1998.
fore reduction for the employee's part of that
tax, or other amounts withheld. His part of the Form 4562 — Depreciation 1) In January, he completed and placed in
social security tax is included in the total taxes service a hog facility. Since the new
deducted on line 31. See chapter 16 for in-
and Amortization structure is designed specifically to
formation on employment taxes. Mr. Brown follows the instructions and lists house, feed, and care for hogs, it is a
Line 26b. He enters only cash rent paid, the information called for in Parts I through IV. single purpose livestock structure. The
$2,400, for the use of land he rented from a He also completes Part V on page 2 to pro- building is depreciated separately from
neighbor, Mr. Green. He did not deduct rent vide information on listed property used in his the equipment it houses. The cost of the
paid in crop shares. He completed a Form farming business. The three vehicles used in building is $56,500 and it is 10-year
1099–MISC for the rent paid to Mr. Green and his business are listed property. The truck, property under MACRS. The cost of the
sent Copy A to the IRS with Form 1096. He sold in July and shown on Form 4797, was equipment is $72,000 and it is 7-year
gave Mr. Green Copy B of the Form placed in service in 1989 and fully depreci- property under MACRS.
1099–MISC. ated in 1994. No depreciation is allowed for
1998. 2) In February, he made improvements to
Line 27. The $5,424 he enters includes
his machine shed for a total cost of
$4,902 for repairs to farm machinery and
Depreciation record. He records his depre- $1,300. The improvements are depreci-
$522 for repairs to farm buildings. He did not
ciable property in a book that he can use to ated as if they were a separate building
include the value of his own labor. He pre-
figure his depreciation allowance for several with a 20-year recovery period.
pared Form 1099–MISC for the farm ma-
chinery repairs because the repair shop is not years. He uses the Depreciation Worksheet 3) In March, he acquired tractor #5 by
incorporated. He sent Copy A to the IRS with from the Form 4562 instructions to figure his trading tractor #2 and paying $23,729
Form 1096 and gave Copy B to the repair 1998 deduction. cash. The adjusted basis of tractor #2
shop. was $1,378 when it was traded (Mr.
Line 28. He enters the cost of seeds and Basis for depreciation. He bought his farm Brown claimed half a year of depreci-
plants used in farming, $2,132. He did not on January 8, 1978. Timber on the farm was ation). The new tractor has a basis of
include the cost of plants and seeds pur- immature and had no fair market value. He $25,107 ($23,729 + $1,378). Form 8824,
chased for the family garden. immediately divided the total purchase price Like-Kind Exchanges, (not shown) was
Line 30. He enters the $2,807 paid for of the farm among the land, house, barn, and filed to report the trade. He elected to
livestock supplies and other supplies, includ- fences (no other capital improvements were expense part of the cost of the tractor in
ing bedding. included in the price of the farm). The fences 1998 and take depreciation deductions
Line 31. He enters $3,201 for taxes paid were fully depreciated in 1987. He made the for the rest of the basis (cost + basis of
during 1998, including state and local taxes division based on the respective fair market trade-in).
on the real estate and personal property used values of the items on the date the farm was
in farming. He did not include the sales tax bought. See the example under Allocating the Line items. Form 4562 is completed by re-
paid on farm supplies, or 60% of the gasoline Basis in chapter 7. ferring to the Depreciation Worksheet.
tax for gasoline used in the family car for farm He entered in his depreciation record the Line 2. Mr. Brown enters $152,229 on
business, because these taxes were included part of the purchase price for the depreciable line 2. This is the total cost of all section 179
in the deductions for supplies and gasoline. barn and fences, giving him the basis for fig- property placed in service in 1998. In figuring
He included his share of social security and uring his depreciation allowance. Because he his cost, he does not include the basis of the
Medicare tax paid for agricultural employees. cannot depreciate the house and land, he traded tractor ($1,378). The hog facility and
He filed Form 943 (not shown) in January keeps a separate record showing their bases. equipment qualify as section 179 property.
1999 reporting these taxes for calendar year However, the machine shed improvement
1998. Methods of depreciation. He depreciates does not qualify. It is not a single purpose
He does not deduct his state income tax all his property placed in service before 1981 agricultural (livestock) structure.
or the taxes on his home on Schedule F. He using the straight-line method. He chose the Line 6. He enters the description of the
deducts these taxes on Schedule A (Form alternate ACRS method for his machine shed property (tractor) he is electing to expense
1040), which is not shown. He does not de- placed in service in 1986. Using MACRS and under section 179. His cost basis for the
duct any federal income tax paid during the the half-year convention, he chose the fol- section 179 deduction is limited to the cash
year. lowing systems for all of his assets placed in he paid for the tractor. He enters his cost
Line 32. He enters $3,997 for the cost service in the year indicated. basis of $23,729 in column (b). He then en-
of water, electricity, and telephone used only ters the tentative deduction, $18,500, in col-
in farming. He cannot deduct the cost of basic • 1994—straight line ADS. umn (c). However, this amount is subject to
local telephone service (including any taxes) the business income limit on line 11. (He did
for the first telephone line to his home. • 1995—150% declining balance ADS. not exceed the investment limit, $200,000,
• 1996 & 1998—150% declining balance and is subject to the maximum dollar limit,
GDS. $18,500.)
Page 94 Chapter 20 Sample Return
Lines 11 and 12. His taxable income chapter 15). Consequently, he did not have lines to the corresponding columns. He
from his farming business (without including to adjust his net profit to determine his self- completes lines 20 through 25(b) for each
the section 179 deduction and the self- employment net earnings from farming. disposition of property.
employment tax deduction) exceeds the Line 3. If he were engaged in any other Gain from dispositions. The gain on
maximum dollar limit on line 5. He enters business in addition to farming, he would each item is shown on line 24. His gain on the
$18,500 on lines 11 and 12. See chapter 8 for combine his net earnings from self- sale of the truck is $700 (column (A)). His
information on the section 179 deduction. employment from all his trades or businesses gain on the sale of the mower is $70 (column
Line 15. All property placed in service in on line 3 of this schedule. However, because (B)). His gain on the sale of cow #60 is $82
1998 in each class is combined and entered farming was his only business, he enters his (column (C)). The gain on each item is en-
in Part II, line 15. The abbreviation HY used net earnings from self-employment from tered in the appropriate column on line 25(b).
in column (e) stands for the half-year con- farming (the amount shown on line 1). Summary of Part III gains. On line 30,
vention. The 150 DB in column (f) stands for Line 4. He multiplies line 3 by .9235 and he enters $852, the total of columns (A)
the 150% declining balance method under enters $49,096 on line 4. through (C), line 24. On line 31, he enters
MACRS. Lines 5 and 6. He multiplies line 4 by $852, the total of columns (A) through (C),
Line 17. He enters $2,708, his MACRS 15.3% and enters $7,512 on line 5. This is line 25(b). This amount is the gain that is or-
depreciation deduction for assets placed in his self-employment tax for 1998. He also dinary income. He also enters this amount on
service from 1994 through 1996, on line 17 enters $7,512 on line 50 of Form 1040. He line 13, Part II.
of Part III. None of the assets included are enters $3,756 on line 6 and also on line 27 He subtracts line 31 from line 30 and en-
listed property. Listed property is entered in of Form 1040 (deduction for one-half of his ters -0- on line 32. He has no long-term cap-
Part V as explained under Line 20. self-employment tax). ital gain on the dispositions. All of his gain is
Line 19. On line 19, he enters $1,374 for ordinary income.
assets placed in service before 1981 and
those depreciated under ACRS that are not Form 4684—Casualties Part I. All of the animals in Part I met the
listed property. and Thefts required holding period.
Line 20. He enters his depreciation de- Mr. Brown sold at a gain cows he had
Mr. Brown's only business casualty was a
duction for listed property, $2,244, on line 20. raised and used for dairy purposes. His sell-
purchased dairy cow that was killed by light-
This is the total shown on line 26, Part V, ing expense was $325 for these cows. He
ning on July 7. He shows the loss from the
page 2 of the form. He has two depreciable enters the gain from the sale on line 2. He
casualty on page 2 of Form 4684. Only page
assets that are listed property—the car used also enters on line 2 the gain from the sale
2 is shown, since page 1 is for nonbusiness
60% for business and the pickup truck pur- of a raised dairy heifer and the loss from the
casualties.
chased in 1995. His deduction for the car sale of purchased dairy cow #52. Because
He prints his name, his wife's name, and
cannot be more than 60% of the limit for purchased dairy cow #52 was sold at a loss,
identifying number at the top of page 2.
passenger automobiles for the year he pur- it was entered in Part I instead of Part III. See
chased the car. The other truck, that was sold Table 11–1 in chapter 11 for where to report
this year, was fully depreciated. Part I. He shows the kind of property, “Dairy
cow #42,” its location, and the date of pur- items on Form 4797.
Line 21. He enters the total depreciation He combines the gains and loss on line
on line 21 and carries the total, $37,532, to chase on line 19. He enters his adjusted basis
in the cow, $257, on line 20 and the $109 2(g) and enters $14,770 on line 7(g). Since
line 16 of Schedule F. he has no nonrecaptured net section 1231
Other items. He completes Sections A insurance payment he received for the cow
on line 21. Since line 20 is more than line 21, losses from prior years, he does not fill in
and B of Part V to provide the information lines 8, 9, and 12. If he had nonrecaptured
required for listed property. He does not he skips line 22. On lines 23 and 24, he en-
ters the fair market value before, $500, and section 1231 losses, part or all of the gain on
complete Section C because he does not line 7 would be ordinary income and entered
provide vehicles for his employees' use. after, -0-, the casualty, and he shows the dif-
ference, $500, on line 25. He enters the on line 12. Following the instructions for line
He has a practice of writing down the 7, he enters $14,770 as a long-term capital
odometer readings on his vehicles at the end amount from line 20 on line 26, subtracts line
21 from line 26, and enters $148 on lines 27 gain on line 11(f) of Schedule D.
of each year and when he acquires and dis-
poses of the vehicles. In addition, because and 28.
he used his car only partly for business, he Part II. Mr. Brown enters the $250 gain from
writes down the number of business miles it Part II. On line 34, he identifies the casualty the sale of a raised dairy calf held for breed-
is driven any day that it is used for business. and enters $148 on lines 34(b)(i), 35(b)(i), 37, ing purposes that is less than 24 months old
He uses these records to answer the and 38a, and on Form 4797, Part II, line 14. on line 10. He had previously entered the
questions on lines 23a and 23b of Section A $852 gain from line 31, Part III, on line 13 and
and lines 28 through 34 of Section B. the $148 loss from Form 4684 on line 14. He
He has no amortization, so he does not
Form 4797—Sales of totals lines 10 through 17 and enters $954
use Part VI of Form 4562. Business Property on line 18. He carries the gain from line 18
After completing Schedule F and Section B to line 18b(2) and shows it as ordinary income
of Form 4684, Mr. Brown fills in Form 4797 on line 14 of Form 1040.
Schedule SE (Form 1040) to report the sales of business property. See
Self-Employment Tax Table 11–1 in chapter 11 for examples of
items reported on Form 4797. Schedule D (Form 1040)
After figuring his net farm profit on page 1 of He prints his name, his wife's name, and
Schedule F, Mr. Brown figures his self- identifying number at the top of Form 4797.
Capital Gains and Losses
employment tax. To do this, he figures his net Before he can complete Parts I and II, he After completing Form 4797, Mr. Brown fills
earnings from farm self-employment on Short must complete Part III to report the sale of in Schedule D to report gains and losses on
Schedule SE (Section A). He is not required certain depreciable property. capital assets. He prints his name, his wife's
to use Long Schedule SE (Section B). First name, and his social security number at the
he prints his name (as shown on his Form Part III. Mr. Brown sold three depreciable top of Schedule D.
1040) and his social security number at the assets in 1998 at a gain. He has information
top of Schedule SE. Only his name and social about their cost and depreciation in his rec- Entries. He enters the required information
security number go on Schedule SE. His wife ords. Only dairy cow #60 appears on the in the appropriate columns.
does not have self-employment income. If she Depreciation Worksheet. The truck and Lines 1 and 3. He reports as a short-term
had self-employment income, she would file mower are fully depreciated. loss on line 1 his $50 loss on the sale of H.
her own Schedule SE. He sold a truck on July 9 and a mower on T. Corporation stock held one year or less.
August 12. He also sold one purchased dairy He includes the gross sales price of the stock
Line items. He figures his self-employment cow, #60, on October 28. Since the gains on in column (d) on lines 1 and 3. He also shows
tax on the following lines. these items were gains from dispositions of as a short-term capital loss on line 1 an
Line 1. He enters his net farm profit, depreciable personal property, as explained amount he had lent to a friend. During 1998
$53,163. He did not list on Schedule F any in chapter 11, he must determine the part of this $50 loan became uncollectable. He en-
income, losses, or deductions that are not each gain that was ordinary income. ters the name of the debtor and attaches a
included in determining net earnings from He enters the description of each item on statement with the required information (not
farm self-employment (see the items listed in lines 19(A) through 19(C) and relates those shown).
Chapter 20 Sample Return Page 95
Line 7. He completes Part I of Schedule Line items. He fills in the lines on Schedule
D by totaling the losses in column 1(f) and
Form 1040, Page 2 J.
entering the result on line 7. Mr. Brown fills in the following lines on page Line 1. He enters $54,321, his taxable
Lines 8 and 10. He enters on line 8 his 2 of Form 1040. income from line 39 of Form 1040.
$745 long-term gain on the sale of H. T. Line 36. He enters $7,500 from his Line 2. He enters the part of his farm
Corporation stock held more than one year Schedule A (Form 1040), which is not shown, income he is electing to average, $35,321.
and also enters the gross sales price on line because the total of his itemized deductions This amount of farm income allows him to
10. is larger than the standard deduction for his take advantage of the lowest tax brackets for
Line 11. Mr. Brown had previously en- filing status. this year and the 3 previous years.
tered on line 11 the gain from line 7 of Form Lines 37, 38 and 39. He subtracts the Line 3. He subtracts the amount on line
4797. $7,500 on line 36 from the $75,321 on line 2 from the amount on line 1 and enters
Line 16. He combines lines 8 and 11 and 34 and enters the result, $67,821 on line 37. $19,000 on line 3.
enters the result on line 16. He enters $13,500 (5 × $2,700) on line 38 and Line 4. Because he has capital gains and
Line 17. In Part III, he combines lines 7 subtracts this amount from the amount on line losses this year, he computes the tax on
and 16 and enters his net gain on line 17. 37 to get taxable income on line 39. $19,000 using Part IV of Schedule D (not
He also enters this amount on Form 1040, Line 40. He enters $7,371 from Schedule shown) and enters the result on line 4.
line 13. J, line 22. For information on how he figured Lines 5, 9, and 13. He enters his taxable
After he completes his Form 1040 through his tax using farm income averaging, see income from 1995, 1996, and 1997 on the
line 39, he will use Part IV to figure his tax Schedule J (Form 1040), later. appropriate lines.
without regard to farm income averaging. Line 43. The Browns qualify for the child Lines 6, 10, and 14. He divides the
See Schedule J (Form 1040) Farm Income tax credit. He figures his credit by completing amount on line 2 by 3.0 and enters the result
Averaging, later. the Child Tax Credit Worksheet (not shown) on lines 6, 10, and 14.
He does not have a capital loss carryover in the instructions for Form 1040. He enters Lines 7, 11, and 15. He figures his ad-
this year, so he does not complete the Capital his credit, $1,200, on line 43. justed taxable income for the 3 previous years
Loss Carryover Worksheet in the instructions. Lines 48 and 49. He enters the amount by adding the amounts on lines 6, 10, and 14
of the child tax credit from line 43 on line 48. to the amounts on lines 5, 9, and 13 respec-
He subtracts that amount from the tax on line tively.
Form 1040, Page 1 40 and enters $6,171 on line 49. Lines 8, 12, and 16. He figures the tax
Mr. Brown is filing a joint return with his wife. Line 50. He has already entered the on the amounts on lines 7, 11, and 15 and
He uses the form he received from the IRS. $7,512 self-employment tax he figured on enters the results on lines 8, 12, and 16 re-
Schedule SE. spectively. His income is taxed at the 15%
Line items. He fills in all applicable items on Line 56. He enters $13,683, which is the rate for each year.
page 1 of Form 1040. total tax for 1998. Line 17. He adds the amounts on lines
Line 7. Mrs. Brown worked part time as Line 57. He enters the income tax with- 4, 8, 12, and 16 and enters the total, $8,014,
a substitute teacher for the county school held from Mrs. Brown's wages, $435, as on line 17.
system during 1998. She also works for Mr. shown on the Forms W–2 she received. He Lines 18, 19, and 20. He enters his tax
Brown on the farm. He enters her total wages, attaches Copy B of her Forms W–2 to the from his 1995, 1996, and 1997 returns on the
$8,950 ($7,750 from the school system and front of Form 1040. appropriate lines.
$1,200 from the farm), as shown on the Line 58. He did not make estimated tax Line 21. He adds the amounts on lines
Forms W–2 that he and the school system payments since two-thirds of his gross in- 18, 19, and 20 and enters the total, $643, on
gave her, on line 7 of Form 1040. come for 1997 was from farming. He was sure line 21.
Lines 8a and 9. He did not actually re- that at least two-thirds of his gross income for Line 22. He subtracts the amount on line
ceive cash payment for the interest he listed 1998 would be from farming and he would file 21 from the amount on line 17 and enters
on line 8a ($375). It was credited to his ac- his Form 1040 and pay any tax due no later $7,371 on line 22. The tax on this line is less
count so that he could have withdrawn it in than March 1, 1999. Farmers who meet these than the tax he figured using Schedule D.
1998. Therefore, he constructively received it conditions do not have to make estimated tax Therefore, he enters the amount from this line
and correctly included it in his income for payments. If he pays the tax due, he will not on line 40 of his 1040.
1998. He enters the $220 in dividends he re- be penalized for failure to pay estimated
ceived from the H. T. Corporation on line 9. taxes. He makes no entry on line 58.
Patronage dividends from farmers' coop- Line 59a. The Browns are not entitled to
eratives were received based on business claim the earned income credit on line 59a, Completing the Return
done with these cooperatives. He does not list because their modified adjusted gross income The Browns sign their names and enter the
these dividends here, but properly included is more than $30,095. date signed, their occupations and their tele-
them on lines 5a and 5b, Part I of Schedule Line 63. Mr. Brown enters his federal phone number on the bottom of page 2 of
F. excise tax credit for gasoline used in 1998. Form 1040. (If they had not prepared their
Since he did not receive more than $400 He checks box “b” and attaches Form 4136 own tax return, the preparer would also sign
in interest or $400 in dividends and none of (not shown) to his return, showing how he the return and provide the information re-
the other conditions listed at the beginning of figured the credit. The credit must be reported quested at the bottom of the page.) Mr. Brown
the Schedule B instructions applied, he is not as income on Schedule F on his 1999 return. transfers the address label from the in-
required to complete Schedule B. Lines 64 and 68. He adds the amounts structions to the return after verifying the ac-
Lines 13, 14, and 18. He previously en- on lines 57 and 63 and enters the total on line curacy of the label. He writes his and his
tered the following items. 64. He subtracts that figure from the amount wife's social security numbers in the boxes
on line 56. The balance, $12,898, is entered next to the address label. He writes a check
• His gain from Schedule D, line 17, on line on line 68. payable to the U.S. Treasury for the full
13.
amount on line 68 of Form 1040. On the
• His gain from Form 4797, line 18b(2), on check, he writes his social security number,
line 14. their telephone number, and “1998 Form
• His net farm profit from Schedule F, line Schedule J (Form 1040) 1040.” His name and address are printed on
36, on line 18. Farm Income Averaging the check.
After making a copy of their complete re-
Line 22. He adds the amounts on lines In 1998, his taxable income is substantially turn for his records, he assembles his original
7 through 21 and enters the total, $79,077. higher than the 3 previous years. He elects Form 1040, Schedules A, D, F, and SE, and
Line 27. He has already entered one-half to use the new farm income averaging, Forms 4136, 4684, 4797, and Schedule J,
of his self-employment tax, $3,756. He enters Schedule J, to figure his tax. and Forms 4562 and 8824 in that order (see
this amount again on line 32, as it is the only First, he uses Part IV of Schedule D to “Attachment Sequence Number” in the upper
amount entered on lines 23 through 31a. figure his tax without regard to farm income right corner of each schedule or form).
Lines 33 and 34. He subtracts line 32 averaging. Next, he uses Schedule J to figure He completes Form 1040–V, Payment
from line 22 and enters the result, “adjusted his tax using farm income averaging. Voucher, which was included in his tax pack-
gross income,” on line 33 and also on line 34 age. He carefully follows the instructions for
of page 2. mailing his return and paying the tax.
1 Single
Filing Status 2 X Married filing joint return (even if only one had income)
3 Married filing separate return. Enter spouse’s social security no. above and full name here. ©
Check only 4 Head of household (with qualifying person). (See page 18.) If the qualifying person is a child but not your dependent,
one box. enter this child’s name here. ©
5 Qualifying widow(er) with dependent child (year spouse died © 19 ). (See page 18.)
%
6a X Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax No. of boxes
Exemptions return, do not check box 6a checked on
6a and 6b 2
b X Spouse
f 8
No. of your
c Dependents: (3) Dependent’s (4) if qualifying children on 6c
(2) Dependent’s
(1) First name
MICHAEL
s
BROWN o
Last name
9
social security number
579 00 9999
relationship to
Son
you
child for child tax
credit (see page 19)
u
who:
● lived with you
● did not live with
3
If more than six
dependents,
see page 19.
MATTHEW
SARAH
f a ,1 )
BROWN
BROWN 9 579
579
00
00
9998
9997
Son
Daughter
u
u
you due to divorce
or separation
(see page 19)
o o 0 g e
Dependents on 6c
not entered above
Pr er 2 chan
Add numbers
entered on 5
d Total number of exemptions claimed lines above ©
t o b o
8a Taxable interest. Attach Schedule B if required
t
b Tax-exempt interest. DO NOT include on line 8a
t
8b
8a 375
220
–
–
c 9
Oc ubje
Copy B of your 9 Ordinary dividends. Attach Schedule B if required
Forms W-2, 10
10 Taxable refunds, credits, or offsets of state and local income taxes (see page 21)
W-2G, and
1099-R here. 11 Alimony received 11
(s
12 Business income or (loss). Attach Schedule C or C-EZ 12
If you did not 13 Capital gain or (loss). Attach Schedule D 13 15,415 –
get a W-2, 14 954 –
see page 20. 14 Other gains or (losses). Attach Form 4797
15a Total IRA distributions 15a b Taxable amount (see page 22) 15b
Enclose, but do 16a Total pensions and annuities 16a b Taxable amount (see page 22) 16b
not staple, any 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E 17
payment. Also, 53,163 –
18 Farm income or (loss). Attach Schedule F 18
please use
Form 1040-V. 19 Unemployment compensation 19
20a Social security benefits 20a b Taxable amount (see page 24) 20b
21 Other income. List type and amount—see page 24 21
22 Add the amounts in the far right column for lines 7 through 21. This is your total income © 22 79,077 –
23 IRA deduction (see page 25) 23
Adjusted 24 Student loan interest deduction (see page 27) 24
Gross 25 Medical savings account deduction. Attach Form 8853 25
Income 26 Moving expenses. Attach Form 3903 26
27 One-half of self-employment tax. Attach Schedule SE 27 3,756 –
If line 33 is under
$30,095 (under 28 Self-employed health insurance deduction (see page 28) 28
$10,030 if a child 29 Keogh and self-employed SEP and SIMPLE plans 29
did not live with 30
30 Penalty on early withdrawal of savings
you), see EIC
inst. on page 36. 31a Alimony paid b Recipient’s SSN © 31a
32 Add lines 23 through 31a 32 3,756 –
33 Subtract line 32 from line 22. This is your adjusted gross income © 33 75,321 –
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 51. Cat. No. 11320B Form 1040 (1998)
f 8
filing 44 Education credits. Attach Form 8863 44
o
separately: 45
$3,550 45 Adoption credit. Attach Form 8839
46
47 Other. Check if from a
c Form 8801 d s
Form 3800
a ,1 ) 9 9
Foreign tax credit. Attach Form 1116 if required
Form (specify)
b Form 8396
47
46
48
49 f
Add lines 41 through 47. These are your total credits
o
Subtract line 48 from line 40. If line 48 is more than line 40, enter -0-
0 e
©
48
49
1,200
6,171
–
–
Other
Taxes
50
51
52
o
Pr er 2 chan
Self-employment tax. Attach Schedule SE
g
Alternative minimum tax. Attach Form 6251
Social security and Medicare tax on tip income not reported to employer. Attach Form 4137
50
51
52
7,512 –
53
b
53 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required
54
o t o
Advance earned income credit payments from Form(s) W-2 54
55
t t
Household employment taxes. Attach Schedule H
c
55
Oc ubj
56 Add lines 49 through 55. This is your total tax © 56 13,683 –
Payments 57
58
e
Federal income tax withheld from Forms W-2 and 1099
1998 estimated tax payments and amount applied from 1997 return
57
58
435 –
Attach
Forms W-2
and W-2G
on the front.
59a
(s
Earned income credit. Attach Schedule EIC if you have a qualifying
child b Nontaxable earned income: amount ©
and type © 59a
Also attach 60
Form 1099-R 60 Additional child tax credit. Attach Form 8812
if tax was 61 Amount paid with Form 4868 (request for extension) 61
withheld. 62
62 Excess social security and RRTA tax withheld (see page 43)
63 Other payments. Check if from a Form 2439 b X Form 4136 63 350 –
64 Add lines 57, 58, 59a, and 60 through 63. These are your total payments © 64 785 –
65
Refund 65 If line 64 is more than line 56, subtract line 56 from line 64. This is the amount you OVERPAID
66a Amount of line 65 you want REFUNDED TO YOU © 66a
Have it
directly
deposited! © b Routing number © c Type: Checking Savings
See page 43
© d Account number
and fill in 66b,
66c, and 66d. 67 Amount of line 65 you want APPLIED TO YOUR 1999 ESTIMATED TAX © 67
Amount 68 If line 56 is more than line 64, subtract line 64 from line 56. This is the AMOUNT YOU OWE.
For details on how to pay, see page 44 © 68 12,898 –
You Owe 69 Estimated tax penalty. Also include on line 68 69
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and
Sign belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Here
©
Your signature Date Your occupation Daytime telephone
Joint return? number (optional)
See page 18. WALTER A. BROWN 2-23-99 FARMER
Keep a copy Spouse’s signature. If a joint return, BOTH must sign. Date Spouse’s occupation
for your
records. JANE W. BROWN 2-23-99 TEACHER ( 555 ) 735-0001
Paid Preparer’s
signature © Date
Check if
self-employed
Preparer’s social security no.
Preparer’s
Use Only
Firm’s name (or yours
if self-employed) and
address
© EIN
ZIP code
1
25 shares HT Corp 12-3-97 3-6-98 400 – 450 – ( 50 –)
4
Add column (d) of lines 1 and 2 3
of 8 400 –
Short-term gain from Form 6252 and short-term gain or (loss) from Forms
5
4684, 6781, and 8824
s
a ,1 ) 9 9
Net short-term gain or (loss) from partnerships, S corporations, estates, and
4
f
trusts from Schedule(s) K-1
6
1997 Capital Loss Carryover Worksheet
o o
Short-term capital loss carryover. Enter the amount, if any, from line 8 of your
0 g e 6 ( )
Pr er 2 chan
7 Net short-term capital gain or (loss). Combine lines 1 through 6 in
column (f) 7 ©
( 100 –)
Part II Long-Term Capital Gains and Losses—Assets Held More Than One Year
b
(a) Description of property (b) Date (c) Date sold (d) Sales price (e) Cost or (f) GAIN or (LOSS) (g) 28% RATE GAIN
to
acquired other basis or (LOSS)
*
o
(Example: 100 sh. XYZ Co.) (Mo., day, yr.) (Mo., day, yr.) (see page D-6) (see page D-6) Subtract (e) from (d) (see instr. below)
8
40 shares HT Corp
c
1979
t jec t 6-5-98 1,000 – 255 – 745 –
O ub (s
9 Enter your long-term totals, if any, from
Schedule D-1, line 9 9
10 Total long-term sales price amounts.
Add column (d) of lines 8 and 9 10 1,000 –
11 Gain from Form 4797, Part I; long-term gain from Forms 2439 and 6252; and
long-term gain or (loss) from Forms 4684, 6781, and 8824 11 14,770 –
12 Net long-term gain or (loss) from partnerships, S corporations, estates, and
trusts from Schedule(s) K-1 12
18 If line 17 is a loss, enter here and as a (loss) on Form 1040, line 13, the smaller of these losses:
● The loss on line 17; or
● ($3,000) or, if married filing separately, ($1,500) 18 ( )
Next: Complete Form 1040 through line 37. Then, complete the Capital Loss Carryover
Worksheet on page D-6 if:
● The loss on line 17 exceeds the loss on line 18, or
● Form 1040, line 37, is a loss.
Part IV Tax Computation Using Maximum Capital Gains Rates
19 Enter your taxable income from Form 1040, line 39 19 54,321 –
20 Enter the smaller of line 16 or line 17 of Schedule D 20 15,415 –
21
22
o f 8
If you are filing Form 4952, enter the amount from Form 4952, line 4e
Subtract line 21 from line 20. If zero or less, enter -0-
21
22
–0–
15,415 –
23
24
s
Combine lines 7 and 15. If zero or less, enter -0-
a ,1 ) 9 9
Enter the smaller of line 15 or line 23, but not less than zero
23
24
–0–
–0–
f
25 Enter your unrecaptured section 1250 gain, if any (see page D-7) 25 –0–
o
26 Add lines 24 and 25 26 –0–
27
o 0 e
Subtract line 26 from line 22. If zero or less, enter -0-
r g
27 15,415 –
P er 2 ch% a
38,906 –
28
29 n
Subtract line 27 from line 19. If zero or less, enter -0-
Enter the smaller of:
● The amount on line 19, or
28
o b
● $25,350 if single; $42,350 if married filing jointly or qualifying widow(er);
t o
$21,175 if married filing separately; or $33,950 if head of household
t t
29
30
42,350
38,906
–
–
30
c
Enter the smaller of line 28 or line 29
Oc ubj e
31 Subtract line 22 from line 19. If zero or less, enter -0- 31 38.906 –
32 Enter the larger of line 30 or line 31 32 38,906 –
(s
33 Figure the tax on the amount on line 32. Use the Tax Table or Tax Rate Schedules, whichever
applies © 33 5,839 –
34 Enter the amount from line 29 34 42,350
35 Enter the amount from line 28 35 38,906
36 Subtract line 35 from line 34. If zero or less, enter -0- 36 3,444
E Did you “materially participate” in the operation of this business during 1998? If “No,” see page F-2 for limit on passive losses. X Yes No
Part I Farm Income—Cash Method. Complete Parts I and II (Accrual method taxpayers complete Parts II and III, and line 11 of Part I.)
Do not include sales of livestock held for draft, breeding, sport, or dairy purposes; report these sales on Form 4797.
1 Sales of livestock and other items you bought for resale 1 37,942 –
2 Cost or other basis of livestock and other items reported on line 1 2 6,523 –
3 Subtract line 2 from line 1 3 31,419 –
145,720 –
f 8
4 Sales of livestock, produce, grains, and other products you raised 4
o
5a Total cooperative distributions (Form(s) 1099-PATR) 5a 33 – 5b Taxable amount 5b 33 –
9
6a Agricultural program payments (see page F-3) 6a 438 – 6b Taxable amount 6b 438 –
7
a CCC loans reported under election s 1 9
Commodity Credit Corporation (CCC) loans (see page F-3):
a 7a 665 –
8
b CCC loans forfeited
o f 0 , e )
7b
Crop insurance proceeds and certain disaster payments (see page F-3):
7c Taxable amount 7c
9
a Amount received in 1998
b
10 Other income, including Federal and state gasoline or fuel tax credit or refund (see page F-3)
11
o to
Gross income. Add amounts in the right column for lines 3 through 10. If accrual method taxpayer, enter
t jec
©
180,100 –
the amount from page 2, line 51
t 11
Part II
O ub
–
(s
F-4—also attach Form 4562) 12 4,043 – plans 25
13 Chemicals 13 2,701 – 26 Rent or lease (see page F-6):
14 Conservation expenses (see a Vehicles, machinery, and equip-
page F-4) 14 1,040 – ment 26a
15 Custom hire (machine work) 15 1,575 – b Other (land, animals, etc.) 26b 2,400 –
27 Repairs and maintenance 27 5,424 –
16 Depreciation and section 179
expense deduction not claimed 28 Seeds and plants purchased 28 2,132 –
elsewhere (see page F-5) 16 37,532 – 29 Storage and warehousing 29
17 Employee benefit programs 30 Supplies purchased 30 2,807 –
other than on line 25 17 31 Taxes 31 3,201 –
18 Feed purchased 18 18,019 – 32 Utilities 32 3,997 –
19 Fertilizers and lime 19 6,544 – 33 Veterinary, breeding, and medicine 33 3,217 –
20 Freight and trucking 20 5,105 – 34 Other expenses (specify):
21 Gasoline, fuel, and oil 21 3,521 – a Milk assessment 34a 807 –
22 Insurance (other than health) 22 1,070 – b Commissions, dues & fees 34b 347 –
23 Interest: c Records/Office supplies 34c 287 –
a Mortgage (paid to banks, etc.) 23a 3,175 – d Travel 34d 534 –
b Other 23b 1,043 – e 34e
24 Labor hired (less employment credits) 24 16,416 – f 34f
%
37 If you have a loss, you MUST check the box that describes your investment in this activity (see page F-6). 37a All investment is at risk.
● If you checked 37a, enter the loss on Form 1040, line 18, and ALSO on Schedule SE, line 1.
● If you checked 37b, you MUST attach Form 6198. 37b Some investment is not at risk.
For Paperwork Reduction Act Notice, see Form 1040 instructions. Cat. No. 11346H Schedule F (Form 1040) 1998
(Form 1040)
Department of the Treasury
© See Instructions for Schedule SE (Form 1040). 1998
Attachment
Internal Revenue Service © Attach to Form 1040. Sequence No. 17
Name of person with self-employment income (as shown on Form 1040) Social security number of person
WALTER A. BROWN with self-employment income © 543 00 2111
Who Must File Schedule SE
You must file Schedule SE if:
● You had net earnings from self-employment from other than church employee income (line 4 of Short Schedule SE or line 4c of
Long Schedule SE) of $400 or more, OR
● You had church employee income of $108.28 or more. Income from services you performed as a minister or a member of a
religious order is not church employee income. See page SE-1.
Note: Even if you had a loss or a small amount of income from self-employment, it may be to your benefit to file Schedule SE and
use either “optional method” in Part II of Long Schedule SE. See page SE-3.
Exception. If your only self-employment income was from earnings as a minister, member of a religious order, or Christian Science
practitioner and you filed Form 4361 and received IRS approval not to be taxed on those earnings, do not file Schedule SE. Instead,
write “Exempt–Form 4361” on Form 1040, line 50.
o f 8
s
a ,1 ) 9
DID YOU RECEIVE WAGES OR TIPS IN 1998?
9
f
No Yes
Ä Ä Ä
r o o 0
Are you a minister, member of a religious order, or Christian
Science practitioner who received IRS approval not to be taxed
g e
Yes Was the total of your wages and tips subject to social security Yes
2
Ä
Ä
or railroad retirement tax plus your net earnings from
on earnings from these sources, but you owe self-employment
tax on other earnings?
No
Ä
t o b t t o
Are you using one of the optional methods to figure your net Yes No
Ä
c
Oc ubje
No Did you receive tips subject to social security or Medicare tax Yes
Ä
Ä
No that you did not report to your employer?
Ä
(s
Did you receive church employee income reported on Form Yes
Ä
No
Ä Ä
Ä
YOU MAY USE SHORT SCHEDULE SE BELOW YOU MUST USE LONG SCHEDULE SE ON THE BACK
Section A—Short Schedule SE. Caution: Read above to see if you can use Short Schedule SE.
1 Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form
1065), line 15a 1 53,163 –
2 Net profit or (loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065),
line 15a (other than farming); and Schedule K-1, (Form 1065-B), box 9. Ministers and members
of religious orders, see page SE-1 for amounts to report on this line. See page SE-2 for other
income to report 2
3 Combine lines 1 and 2 3 53,163 –
4 Net earnings from self-employment. Multiply line 3 by 92.35% (.9235). If less than $400,
do not file this schedule; you do not owe self-employment tax © 4 49,096 –
5 Self-employment tax. If the amount on line 4 is:
%
● $68,400 or less, multiply line 4 by 15.3% (.153). Enter the result here and on
Form 1040, line 50. 5 7,512 –
● More than $68,400, multiply line 4 by 2.9% (.029). Then, add $8,481.60 to the
result. Enter the total here and on Form 1040, line 50.
o f 8
Gain from casualty or theft. If line 21 is more than line
20, enter the difference here and on line 29 or line 34,
9
column (c), except as provided in the instructions for
s
line 33. Also, skip lines 23 through 27 for that column.
a ,1 )
See the instructions for line 4 if line 21 includes
9
insurance or other reimbursement you did not claim, or
23
f
you received payment for your loss in a later tax year
o
Fair market value before casualty or theft
0 e
22
23 500 –
24
25
26
Subtract line 24 from line 23
o
Fair market value after casualty or theft
Pr er 2 chan
Enter the smaller of line 20 or line 25
g
24
25
26
–0–
500 –
257 –
Note: If the property was totally destroyed by
27
the amount from line 20.
t o b t t o
casualty or lost from theft, enter on line 26
Subtract line 21 from line 26. If zero or less, enter -0- 27 148 –
c
Oc ubje
28 Casualty or theft loss. Add the amounts on line 27. Enter the total here and on line 29 or line 34 (see instructions) 28 148 –
Part II Summary of Gains and Losses (from separate Parts l) (b) Losses from casualties or thefts
(c) Gains from
(i) Trade, business, (ii) Income- casualties or thefts
(s
(a) Identify casualty or theft rental or royalty producing includible in income
property property
Casualty or Theft of Property Held One Year or Less
29 ( ) ( )
( ) ( )
30 Totals. Add the amounts on line 29 30 ( ) ( )
31 Combine line 30, columns (b)(i) and (c). Enter the net gain or (loss) here and on Form 4797, line 14. If Form 4797
is not otherwise required, see instructions 31
32 Enter the amount from line 30, column (b)(ii) here and on Schedule A (Form 1040), line 22. Partnerships,
S corporations, estates and trusts, see instructions 32
Casualty or Theft of Property Held More Than One Year
33 Casualty or theft gains from Form 4797, line 32 33
34 Cow killed by lightning ( 148 – ) ( )
( ) ( )
35 Total losses. Add amounts on line 34, columns (b)(i) and (b)(ii) 35 ( 148 – ) ( )
36 Total gains. Add lines 33 and 34, column (c) 36 –0–
37 Add amounts on line 35, columns (b)(i) and (b)(ii) 37 (148 –)
38 If the loss on line 37 is more than the gain on line 36:
a Combine line 35, column (b)(i) and line 36, and enter the net gain or (loss) here. Partnerships (except electing
large partnerships) and S corporations see the note below. All others enter this amount on Form 4797, line 14.
If Form 4797 is not otherwise required, see instructions 38a (148 –)
b Enter the amount from line 35, column (b)(ii) here. Partnerships (except electing large partnerships) and S corporations
see the note below. Individuals enter this amount on Schedule A (Form 1040), line 22. Estates and trusts, enter on the
“Other deductions” line of your tax return. Electing large partnerships, enter on Form 1065-B, Part II, line 11 38b
39 If the loss on line 37 is equal to or less than the gain on line 36, combine these lines and enter here. Partnerships
(except electing large partnerships), see the note below. All others, enter this amount on Form 4797, line 3,
column (g) and the net 28% rate gain or (loss), if applicable, in column (h) 39
Note: Partnerships, enter the amount from line 38a, 38b, or line 39 on Form 1065, Schedule K, line 7.
S corporations, enter the amount from line 38a or 38b on Form 1120S, Schedule K, line 6.
2
Raised cows before 1990 1998 14,110. – –0– 325. – 13,785. –
Dairy cow #52 7-15-94 2-3-98 303. – 514. – 912. – (95. –)
3
Raised heifer 6-2-94
Gain, if any, from Form 4684, line 39
8-3-98
4
5
s
a ,1 ) 9 9
Section 1231 gain from installment sales from Form 6252, line 26 or 37
Section 1231 gain or (loss) from like-kind exchanges from Form 8824
4
5
6
7
f
Gain, if any, from line 32, from other than casualty or theft
o
Combine lines 2 through 6 in columns (g) and (h). Enter gain or (loss) here, and on the appropriate line as follows:
0 e
6
7 14,770. –
o
Partnerships—Report the gain or (loss) following the instructions for Form 1065, Schedule K,
Pr er 2 chan
line 6. Skip lines 8, 9, 11, and 12 below.
g
S corporations—Report the gain or (loss) following the instructions for Form 1120S, Schedule
K, lines 5 and 6. Skip lines 8, 9, 11, and 12 below, unless line 7, column (g) is a gain and the S
corporation is subject to the capital gains tax.
b to
All others—If line 7, column (g) is zero or a loss, enter that amount on line 11 below and skip
o
lines 8 and 9. If line 7, column (g) is a gain and you did not have any prior year section 1231
t jec t
losses, or they were recaptured in an earlier year, enter the gain or (loss) in each column as a
8
9 c
long-term capital gain or (loss) on Schedule D and skip lines 8, 9, and 12 below.
Nonrecaptured net section 1231 losses from prior years (see instructions)
O ub
Subtract line 8 from line 7. For column (g) only, if the result is zero or less, enter -0-. Enter here
9
8
(s
and on the appropriate line(s) as follows (see instructions):
S corporations—Enter only the gain in column (g) on Schedule D (Form 1120S), line 14, and skip lines 11 and 12 below.
All others—If line 9, column (g) is zero, enter the gain from line 7, column (g) on line 12 below. If line 9, column (g) is more than zero, enter the amount
from line 8, column (g) on line 12 below, and enter the gain or (loss) in each column of line 9 as a long-term capital gain or (loss) on Schedule D.
* Corporations (other than S corporations) should not complete column (h). Partnerships and S corporations must complete column (h). All
others must complete column (h) only if line 7, column (g), is a gain. Use column (h) only to report pre-1998 28% rate gain (or loss) from a
1997-98 fiscal year partnership or S corporation.
Part II Ordinary Gains and Losses
10 Ordinary gains and losses not included on lines 11 through 17 (include property held 1 year or less):
Raised dairy calf 10-2-97 3-3-98 255. – –0– 5. – 250. –
These columns relate to the properties on lines 19A through 19D. © Property A Property B Property C Property D
20 Gross sales price (Note: See line 1 before completing.) 20 700. – 70. – 670. –
21 Cost or other basis plus expense of sale 21 4,390. – 1,200. – 1,200. –
22 Depreciation (or depletion) allowed or allowable 22 4,390. – 1,200. – 612. –
23 Adjusted basis. Subtract line 22 from line 21 23 –0 – –0 – 588. –
f
b Enter the smaller of line 24 or 25a 25b 700. – 70. – 82. –
26
o o
If section 1250 property: If straight line depreciation was used, enter
0 e
-0- on line 26g, except for a corporation subject to section 291.
g
Pr er 2 cha n
a Additional depreciation after 1975 (see instructions) 26a
b Applicable percentage multiplied by the smaller of line 24
or line 26a (see instructions) 26b
b o
c Subtract line 26a from line 24. If residential rental property
o t
or line 24 is not more than line 26a, skip lines 26d and 26e
t t
26c
26d
e Enter the smaller of line 26c or 26d
c
d Additional depreciation after 1969 and before 1976
j e c 26e
27
f Section 291 amount (corporations only)
g Add lines 26b, 26e, and 26f O u b
(s
If section 1252 property: Skip this section if you did not
26f
26g
30 Total gains for all properties. Add property columns A through D, line 24 30 852. –
31 Add property columns A through D, lines 25b, 26g, 27c, 28b, and 29b. Enter here and on line 13 31 852. –
32 Subtract line 31 from line 30. Enter the portion from casualty or theft on Form 4684, line 33. Enter the portion
from other than casualty or theft on Form 4797, line 6 32 –0 –
Part IV Recapture Amounts Under Sections 179 and 280F(b)(2) When Business Use Drops to 50% or Less
See instructions.
(a) Section (b) Section
179 280F(b)(2)
4
Schedule D, whichever applies
f 8
Figure the tax on the amount on line 3. Use the 1998 Tax Table, Tax Rate Schedules, or
o 4 2,078 –
5
s
a ,1 ) 9 9
Enter the taxable income from your 1995 Form 1040, line 37; Form
1040A, line 22; Form 1040EZ, line 6; or Form 1040-T, line 25 5 700 –
6 Divide the amount on line 2 by 3.0
o f 0 e
6 11,774 –
8
Add lines 5 and 6
o
Pr er 2 chan
g 7
Figure the tax on the amount on line 7. Use the 1995 Tax Rate Schedules or Capital Gain Tax
12,474 –
8 1,871 –
b
Worksheet, whichever applies (see page J-2)
o t o
9
t t
Enter the taxable income from your 1996 Form 1040, line 37; Form
c
Oc ubje
1040A, line 22; or Form 1040EZ, line 6 9 1,050 –
10 Enter the amount from line 6 10 11,774 –
(s
11 Add lines 9 and 10 11 12,824 –
12 Figure the tax on the amount on line 11. Use the 1996 Tax Rate Schedules or Capital Gain
Tax Worksheet, whichever applies (see page J-3) 12 1,924 –
13 Enter the taxable income from your 1997 Form 1040, line 38; Form
1040A, line 22; or Form 1040EZ, line 6 13 2,500 –
14 Enter the amount from line 6 14 11,774 –
16 Figure the tax on the amount on line 15. Use the 1997 Tax Rate Schedules or Schedule D,
whichever applies (see page J-4) 16 2,141 –
18 Enter the tax from your 1995 Form 1040, line 38; Form 1040A, line
23; Form 1040EZ, line 10; or Form 1040-T, line 26 18 107 –
19 Enter the tax from your 1996 Form 1040, line 38*; Form 1040A, line
23; or Form 1040EZ, line 10 19 159 –
20 Enter the tax from your 1997 Form 1040, line 39*; Form 1040A, line
23; or Form 1040EZ, line 10 20 377 –
*Caution: Do not include any amount from For m 4972 or 8814.
22 Subtract line 21 from line 17. If the result is less than the tax figured on the taxable income
on line 1 above using the 1998 Tax Table, Tax Rate Schedules, or Schedule D, also include
on Form 1040, line 40 22 7,371 –
For Paperwork Reduction Act Notice, see Form 1040 instructions. Cat. No. 25513Y Schedule J (Form 1040) 1998
Date Cost or Business/ Section Depreciation Prior Basis for Method/ Recovery Rate or Depreciation
Description of Property Placed in Other Investment 179 Years Depreciation Convention Period Table Deduction
Service Basis Use % Deduction %
STRAIGHT LINE
BARN 1-8-78 6,400 100% 5,120 1,280 SL 25 256
SILO 1-2-80 16,000 " 14,400 1,600 SL 20 800
ALTERNATE ACRS
MACHINE SHED 1-2-86 6,000 100% 3,798 2,202 Mod SL 19 5.3 318
MACRS
TRACTOR #2 (traded 3/98) 1-8-94 7,297 100% 5,000 804 2,297 SL/HY 10 10.0 114.85*
DAIRY COW #42 (killed 7/98) 6-22-94 600 " 300 600 SL/HY 7 14.29 42.87*
DAIRY COW #52 (sold 2/98) 7-15-94 900 " 450 900 SL/HY 7 14.29 64.31*
DAIRY COW #54 9-9-94 1,200 " 600 1,200 SL/HY 7 14.29 171.48
CAR (listed property) 1-6-95 12,350 60% 4,334 7,410 150DB/HY 5 16.66 1,065.–**
DAIRY COW #60 (sold 10/98) 2-21-95 1,200 100% 538 1,200 150DB/HY 7 12.25 73.50*
PLOW 4-6-95 4,821 100% 1,599 4,821 150DB/HY 10 10.02 483.06
PICKUP TRUCK (listed prop) 5-18-95 7,076 " 4,129 7,076 150DB/HY 5 16.66 1,178.86
DAIRY COW #61 9-1-95 1,400 " 628 1,400 150DB/HY 7 12.25 171.50
TRACTOR #4 10-12-95 13,483 " 5,000 2,814 8,483 150DB/HY 10 10.02 849.99
MILK TANK 1-4-96 11,500 100% 10,000 448 1,500 150DB/HY 7 15.03 225.45
MANURE SPREADER 5-3-96 3,400 " 1,015 3,400 150DB/HY 7 15.03 511.02
HOG FACILITY BUILDING 1-9-98 56,500 100% –0 – 56,500 150DB/HY 10 7.50 4,237.50
HOG FACILITY EQUIPMENT 1-9-98 72,000 " –0 – 72,000 150DB/HY 7 10.71 7,711.20
Chapter 20
MACHINE SHED IMPROVEMENT 2-20-98 1,300 " –0 – 1,300 150DB/HY 20 3.75 48.75
TRACTOR #5 3-10-98 25,107 " 18,500 –0 – 6,607 150DB/HY 7 10.71 707.61
TOTAL 19,030.95
Sample Return
Page 109
Page 111
Casualty and theft losses ..... 69 IRAs ...................................... 88 Soil:
Crop shares .......................... 16 P Keogh ................................... 85 Conservation ........................ 31
Depreciation ................... 38, 41 Partnership .................................. 9 Money purchase ................... 84 Contamination ...................... 72
Diseased .............................. 72 Passenger automobile ............... 48 Nonqualified ......................... 88 Spouse, property transferred
Feed ..................................... 23 Pasture income ......................... 15 Profit-sharing ........................ 84 from ...................................... 37
Feed assistance ................... 18 Patronage dividends .................. 19 Qualified ............................... 84 Start-up costs for businesses .... 50
Immature .............................. 44 Penalties: Salary reduction ................... 86 Stock bonus plan ....................... 84
Losses ............................ 28, 58 Estimated tax ......................... 8 SEP ...................................... 86 Subscriptions ............................. 28
Purchased ............................ 59 Information returns ................. 9 SIMPLE ................................ 87
Raised .................................. 59 Trust fund recovery .............. 82 Small business owners ........ 85
Sale of ............................ 14, 58 Per-unit retain certificates ......... 20 Stock bonus ......................... 84
Unit-livestock-price, inventory Personal expenses .................... 28 Returns:
T
Placed in service ....................... 39 Tax help (See More information) 110
valuation .......................... 13 Corporation ........................... 10 Tax preparation fees ................. 24
Used in a farm business ...... 58 Pollution control facilities ........... 50 Dependent's ........................... 6
Postponing gain ......................... 72 Tax problems, unresolved ........... 3
Weather-related sales .... 15, 72 Forms used by farmers .......... 8 Tax shelters:
Loans ................................... 16, 25 Principal agricultural activity codes, Information ............................. 9
Schedule F ............................. 3 At-risk limits .......................... 29
Losses: Partnership ............................. 9 Defined ................................. 12
At-risk limits .......................... 29 Prizes ......................................... 22 Penalties ............................. 8, 9
Problem Resolution Program 3, 92 Tax-free exchanges ................... 53
Casualty ............................... 69 Qualified farmer due dates .... 7 Taxes:
Disaster areas ...................... 73 Produce ..................................... 14 Sample ................................. 93
Profit-sharing plans ................... 84 Excise ................................... 88
Farming ................................ 69 Self-employed ........................ 6 Federal use .......................... 25
Growing crops ...................... 28 Property: Right-of-way income .................. 21
Changed to business use .... 35 General ................................. 25
Hobby farming ...................... 30 Self-employment .................. 75
Livestock ........................ 58, 72 Received for services ........... 35
Section 1245 ........................ 62 State and federal .................. 25
Nondeductible ...................... 28
Theft ..................................... 69 Section 1250 ........................ 64 S State or local general sales . 25
Taxpayer Advocate ..................... 3
Lost property ............................. 69 Section 1252 ........................ 64 S corporation ............................. 10
Section 1255 ........................ 64 Sale of home ............................. 61 Taxpayer rights .......................... 92
Publications (See More Section 179 deduction: Telephone expense ................... 24
information) .......................... 110 Carryover .............................. 42 Tenant house expenses ............ 27
M How to elect ......................... 42 Theft losses ............................... 69
MACRS ...................................... 43 How to figure ........................ 42 Timber ........................... 28, 49, 59
Market gain, reporting ............... 17 Limits .................................... 42 Trade-in ..................................... 36
Marketing quota penalties ......... 27 Q Listed property ..................... 47 Travel expenses ........................ 26
Material participation ................. 77 Qualified farm debt .................... 21 Truck expenses ......................... 26
Qualifying:
Meals ......................................... 27 Quotas and allotments .............. 34 Trust fund recovery penalty ...... 82
Costs ............................... 40
Methods of accounting .............. 11 Property ........................... 41 TTY/TDD information .............. 110
Minimum tax credit .................... 75 Recapture ............................. 43
Modified ACRS (MACRS): R Self-employed health insurance 25
ADS method ......................... 46 Recordkeeping ................ 4, 27, 75 Self-employment income ........... 76 U
Conventions ......................... 45 Reforestation expenses ............. 50 Self-employment tax: Uniform capitalization rules:
Declining balance method .... 46 Refund: Community income .............. 80 Basis of assets ..................... 37
Depreciable property ............ 43 Deduction taken ................... 22 Gross income from farming . 78 Inventory ............................... 13
Depreciation methods .......... 46 Fuel tax ................................ 22 Landlord participation ........... 77 Unstated interest ....................... 67
Excluded property ................ 43 Reimbursements: Material participation ............ 77
Figuring the deduction ......... 44 Casualties and thefts 35, 69, 71 Net income, defined ............. 76
Percentage tables ................ 46 Deduction taken ................... 22 Optional method ................... 78
Property classes ................... 44 Expenses .............................. 23 Partnership ........................... 78
W
Recovery periods ................. 44 Water conservation ................... 31
Feed assistance ................... 18 Regular method .................... 78 Water well ............................ 31, 45
Money purchase pension plan .. 84 Real estate taxes ................. 33 Rental income ...................... 77
More information ..................... 110 Weather-related sales, live-
Reforestation expenses ....... 50 Share farming ....................... 76 stock ............................... 15, 72
To employees ....................... 27 Who must pay ...................... 76 Wetlands .................................... 31
Rent expense ............................ 26 SEP plans .................................. 86 Withholding:
N Rental income ........................... 15 Settlement costs (fees) ............. 33 Income tax ............................ 81
Net operating loss ..................... 29 Repairs ...................................... 24 Share farmers ............................ 76 Social security and Medicare
Noncapital asset ........................ 57 Replacement: SIMPLE plans ............................ 87 tax ................................... 81
Nontaxable exchanges .............. 53 Period ................................... 73 Social security and Medicare
Not-for-profit farming ................. 30 Property ................................ 72 tax:
Repossessions .......................... 55 Depositing tax ...................... 82
Retirement plans: Withholding of tax ................ 81 Y
Defined benefit ..................... 84 Withholding statement ............ 8 Year 2000 costs ........................ 39
O Defined contribution ............. 84 Social security number .............. 75
Overdue tax bill ........................... 3 HR–10 .................................. 85 Software, computer ................... 39
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