Publication 225 |
2003 Tax Year |
Farm Income
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Important Change for 2003
Additions to small watershed programs. The following programs have been added to the list of small watershed programs.
-
The Soil and Water Conservation Assistance Program.
-
The Agricultural Management Assistance Program.
-
The Conservation Reserve Program.
You may be able to exclude cost-share payments you receive from these programs. For more information, see Cost-Sharing Exclusion
(Improvement).
Important Reminder
Peanut quota buyout program payments. For information about the tax treatment of payments to peanut quota holders, see Peanut Quota Buyout Program Payments under
Agricultural Program Payments, later.
Introduction
You may receive income from many sources. You must report the income on your tax return, unless it is excluded by law. Where
you report the income
depends on its source.
This chapter discusses farm income you report on Schedule F (Form 1040). For information on where to report other income,
see the instructions for
Form 1040.
Accounting method.
The rules discussed in this chapter assume you use the cash method of accounting. Under the cash method, you generally
include an item of income in
gross income when you receive it. See Cash Method in chapter 3.
If you use an accrual method of accounting, different rules may apply to your situation. See Accrual Method in chapter 3.
Topics - This chapter discusses:
-
Schedule F (Form 1040)
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Sales of farm products
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Rents (including crop shares)
-
Agricultural program payments
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Income from cooperatives
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Cancellation of debt
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Income from other sources
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Farm income averaging
Useful Items - You may want to see:
Publication
-
525
Taxable and Nontaxable Income
-
550
Investment Income and Expenses
-
908
Bankruptcy Tax Guide
-
925
Passive Activity and At-Risk Rules
Form (and Instructions)
-
Sch E (Form 1040)
Supplemental
Income and Loss
-
Sch F (Form 1040)
Profit or Loss From Farming
-
Sch J (Form 1040)
Farm Income Averaging
-
982
Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment)
-
1099–G
Certain Government Payments
-
1099–PATR
Taxable Distributions
Received From Cooperatives
-
4797
Sales of Business Property
-
4835
Farm Rental Income and
Expenses
See chapter 21 for information about getting publications and forms.
Schedule F
Report your farm income on Schedule F (Form 1040). Use this schedule to figure the net profit or loss from regular farming
operations.
Income from farming reported on Schedule F (Form 1040) includes amounts you receive from cultivating, operating, or managing
a farm for gain or
profit, either as owner or tenant. This includes income from operating a stock, dairy, poultry, fish, fruit, or truck farm
and income from operating a
plantation, ranch, range, or orchard. It also includes income from the sale of crop shares if you materially participate in
producing the crop. See
Rents (Including Crop Shares), later.
Income reported on Schedule F does not include gains or losses from sales or other dispositions of the following farm assets.
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Land.
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Depreciable farm equipment.
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Buildings and structures.
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Livestock held for draft, breeding, sport, or dairy purposes.
Gains and losses from most dispositions of farm assets are discussed in chapters 10 and 11. Gains and losses from casualties,
thefts, and
condemnations are discussed in chapter 13.
Sales of Farm Products
When you sell livestock, produce, grains, or other products you raised on your farm for sale or bought for resale, the entire
amount you receive is
reported on Schedule F. This includes money and the fair market value of any property or services you receive.
Where to report.
Table 4–1 shows where to report the sale of farm products on your tax return.
Schedule F.
When you sell farm products bought for resale, your profit or loss is the difference between your basis in the item
(usually your cost) and any
money plus the fair market value of any property you receive for it. See chapter 7 for information on the basis of assets.
You generally report these
amounts on Schedule F for the year you receive payment.
Example.
In 2002, you bought 20 feeder calves for $6,000 for resale. You sold them in 2003 for $11,000. You report the $11,000 sales
price, subtract your
$6,000 basis, and report the resulting $5,000 profit in Part 1 of your 2003 Schedule F.
Form 4797.
Sales of livestock held for draft, breeding, sport, or dairy purposes may result in ordinary or capital gains or losses,
depending on the
circumstances. In either case, you should always report these sales on Form 4797 instead of Schedule F. See Livestock under
Ordinary or Capital Gain or Loss in chapter 10. Animals you do not hold primarily for sale are considered business assets of your farm.
Table 4–1. Where To Report Sales of Farm Products
Item Sold |
Schedule F |
Form 4797 |
Farm products raised for sale |
X |
|
Farm products bought for resale |
X |
|
Farm products not held primarily for sale, such as livestock held for draft, breeding, sport, or dairy purposes (bought or
raised)
|
|
X |
Sale by agent.
If your agent sells your farm products, you must include the net proceeds from the sale in gross income for the year
the agent receives payment.
This applies even if your agent pays you in a later year. You have constructive receipt of the income when your agent receives
payment. For a
discussion on constructive receipt of income, see Cash Method under Accounting Methods in chapter 3.
Sales Caused by Weather-Related Conditions
If you sell more livestock, including poultry, than you normally would in a year because of a drought, flood, or other weather-related
condition,
you may be able to postpone reporting the gain from selling the additional animals until the next year. You must meet all
the following conditions to
qualify.
-
Your principal trade or business is farming.
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You use the cash method of accounting.
-
You can show that, under your usual business practices, you would not have sold the additional animals this year except for
the
weather-related condition.
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The weather-related condition caused an area to be designated as eligible for assistance by the federal government.
Sales made before an area became eligible for federal assistance qualify if the weather-related condition that caused the
sale also caused the area
to be designated as eligible for federal assistance. The designation can be made by the President, the Department of Agriculture
(or any of its
agencies), or by other federal departments or agencies.
A weather-related sale of livestock (other than poultry) held for draft, breeding, or dairy purposes may be an involuntary
conversion. See
Other Involuntary Conversions in chapter 13.
Usual business practice.
You must determine the number of animals you would have sold had you followed your usual business practice in the
absence of the weather-related
condition. Do this by considering all the facts and circumstances, but do not take into account your sales in any earlier
year for which you postponed
the gain. If you have not yet established a usual business practice, rely on the usual business practices of similarly situated
farmers in your
general region.
Connection with affected area.
The livestock does not have to be raised or sold in an area affected by a weather-related condition for the postponement
to apply. However, the
sale must occur solely because of a weather-related condition that affected the water, grazing, or other requirements of the
livestock. This
requirement generally will not be met if the costs of food, water, or other requirements of the livestock affected by the
weather-related condition
are not substantial in relation to the total costs of holding the livestock.
Classes of livestock.
You must figure the amount to be postponed separately for each generic class of animals—for example, hogs, sheep,
and cattle. Do not separate
animals into classes based on age, sex, or breed.
Amount to be postponed.
Follow these steps to figure the amount to be postponed for each class of animals.
-
Divide the total income realized from the sale of all livestock in the class during the tax year by the total number of such
livestock sold.
For this purpose, do not treat any postponed gain from the previous year as income received from the sale of livestock.
-
Multiply the result in (1) by the excess number of such livestock sold solely because of weather-related conditions.
Example.
You are a calendar year taxpayer and you normally sell 100 head of beef cattle a year. As a result of drought, you sold 135
head during 2003. You
realized $35,100 from the sale. On August 9, 2003, as a result of drought, the affected area was declared a disaster area
eligible for federal
assistance. The income you can postpone until 2004 is $9,100 [($35,100 ÷ 135) × 35].
How to postpone gain.
To postpone gain, attach a statement to your tax return for the year of the sale. The statement must include your
name and address and give the
following information for each class of livestock for which you are postponing gain.
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A statement that you are postponing gain under section 451(e) of the Internal Revenue Code.
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Evidence of the weather-related conditions that forced the early sale or exchange of the livestock and the date, if known,
on which an area
was designated as eligible for assistance by the federal government because of weather-related conditions.
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A statement explaining the relationship of the area affected by the weather-related condition to your early sale or exchange
of the
livestock.
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The number of animals sold in each of the 3 preceding years.
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The number of animals you would have sold in the tax year had you followed your normal business practice in the absence of
weather-related
conditions.
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The total number of animals sold and the number sold because of weather-related conditions during the tax year.
-
A computation, as described earlier, of the income to be postponed for each class of livestock.
You must file the statement and the return by the due date of the return, including extensions. If you timely filed
your return for the year
without postponing gain, you can still postpone gain by filing an amended return within 6 months of the due date of the return
(excluding extensions).
Attach the statement to the amended return and write “Filed pursuant to section 301.9100-2” at the top of the amended return. File the amended
return at the same address you filed the original return. Once you have filed the statement, you can cancel your postponement
of gain only with the
approval of the IRS.
Rents (Including Crop Shares)
The rent you receive for the use of your farmland is generally rental income, not farm income. However, if you materially
participate in farming
operations on the land, the rent is farm income. See Landlord Participation in Farming in chapter 15.
Pasture income and rental.
If you pasture someone else's cattle and take care of the livestock for a fee, the income is from your farming business.
You must enter it as
Other income on Schedule F. If you simply rent your pasture for a flat cash amount without providing services, report the income as rent
in
Part I of Schedule E (Form 1040).
Crop Shares
You must include rent you receive in the form of crop shares in income in the year you convert the shares to money or the
equivalent of money. It
does not matter whether you use the cash method of accounting or an accrual method of accounting.
If you materially participate in operating a farm from which you receive rent in the form of crop shares or livestock, the
rental income is
included in self-employment income. (See Landlord Participation in Farming in chapter 15.) Report the rental income on Schedule F.
If you do not materially participate in operating the farm, report this income on Form 4835 and carry the net income or loss
to Schedule E (Form
1040). The income is not included in self-employment income.
Crop shares you use to feed livestock.
Crop shares you receive as a landlord and feed to your livestock are considered converted to money when fed to the
livestock. You must include the
fair market value of the crop shares in income at that time. You are entitled to a business expense deduction for the livestock
feed in the same
amount and at the same time you include the fair market value of the crop share as rental income. Although these two transactions
cancel each other
for figuring adjusted gross income on Form 1040, they may be necessary to figure your self-employment tax. See chapter 15.
Crop shares you give to others (gift).
Crop shares you receive as a landlord and give to others are considered converted to money when you make the gift.
You must report the fair market
value of the crop share as income, even though someone else receives payment for the crop share.
Example.
A tenant farmed part of your land under a crop-share arrangement. The tenant harvested and delivered the crop in your name
to an elevator company.
Before selling any of the crop, you instructed the elevator company to cancel your warehouse receipt and make out new warehouse
receipts in equal
amounts of the crop in the names of your children. They sell their crop shares in the following year and the elevator company
makes payments directly
to your children.
In this situation, you are considered to have received rental income and then made a gift of that income. You must include
the fair market value of
the crop shares in your income for the tax year you gave the crop shares to your children.
Crop share loss.
If you are involved in a rental or crop-share lease arrangement, any loss from these activities may be subject to
the limits under the passive loss
rules. See Publication 925 for information on these rules.
Agricultural Program Payments
You must include in income most government payments, such as those for approved conservation practices, direct payments, and
counter-cyclical
payments, whether you receive them in cash, materials, services, or commodity certificates. However, you can exclude from
income some payments you
receive under certain cost-sharing conservation programs. See Cost-Sharing Exclusion (Improvements), later.
Report the agricultural program payment on the appropriate line of Part I of Schedule F. Report the full amount even if you
return a government
check for cancellation, refund any of the payment you receive, or the government collects all or part of the payment from
you by reducing the amount
of some other payment or Commodity Credit Corporation (CCC) loan. However, you can deduct the amount you refund or return
or that reduces some other
payment or loan to you. Claim the deduction on Schedule F for the year of repayment or reduction.
Commodity Credit Corporation (CCC) Loans
Normally, you do not report loans you receive as income, and you report income from a crop for the year you sell it. However,
if you pledge part or
all of your production to secure a CCC loan, you can treat the loan as if it were a sale of the crop and report the loan proceeds
as income for the
year you receive them. You do not need approval from the IRS to adopt this method of reporting CCC loans.
Once you report a CCC loan as income for the year received, you generally must report all CCC loans in that year and later
years in the same way.
However, you can obtain automatic consent to change your method of accounting for loans received from the CCC, from including
the loan amount in gross
income for the taxable year in which the loan is received to treating the loan amount as a loan. For more information, see
Automatic Change
Request Procedures under Change in Accounting Method in Publication 538, Accounting Periods and Methods.
You can request income tax withholding from CCC loan payments you receive. Use Form W–4V, Voluntary Withholding Request. See
chapter 21 for information about ordering the form.
To choose to report a CCC loan as income, include the loan as income on line 7a of Schedule F for the year you receive it.
Attach a statement to
your return showing the details of the loan.
You must file the statement and the return by the due date of the return, including extensions. If you timely filed your return
for the year
without making the choice, you can still make the choice by filing an amended return within 6 months of the due date of the
return (excluding
extensions). Attach the statement to the amended return and write “Filed pursuant to section 301.9100-2” at the top of the return. File the
amended return at the same address you filed the original return.
When you make this choice, the amount you report as income becomes your basis in the commodity. See chapter 7 for information
on the basis of
assets. If you later repay the loan, redeem the pledged commodity, and sell it, you report as income at the time of sale the
sale proceeds minus
your basis in the commodity. If the sale proceeds are less than your basis in the commodity, you can report the difference
as a loss on Schedule
F.
If you forfeit the pledged crops to the CCC in full payment of the loan, the forfeiture is treated for tax purposes as a sale
of the crops. If you
did not report the loan proceeds as income for the year you received them you must include them in your income for the year
of the forfeiture.
Form 1099–A.
If you forfeit pledged crops to the CCC in full payment of a loan, you may receive a Form 1099–A, Acquisition or Abandonment of Secured
Property. “CCC” should be shown in box 6. The amount of any CCC loan outstanding when you forfeited your commodity should also be indicated
on the form.
Market Gain
Under the CCC nonrecourse marketing assistance loan program, your repayment amount for a loan secured by your pledge of an
eligible commodity is
generally based on the lower of the loan rate or the prevailing world market price for the commodity on the date of repayment.
If you repay the loan
when the world price is lower, the difference between that repayment amount and the repayment amount based on the loan rate
is market gain. You will
receive a Form CCC–1099–G showing the market gain you realized. If you chose to include the CCC loan in income in the year
you received
it, do not include the amount shown on Form CCC–1099–G in income. The following examples show how to report market gain.
Example 1.
Mike Green is a cotton farmer. He uses the cash method of accounting and files his tax return on a calendar year basis. He
has deducted all
expenses incurred in producing the cotton and has a zero basis in the commodity. In 2002, Mike pledged 1,000 pounds of cotton
as collateral for a CCC
price support loan of $500 (a loan rate of $.50 per pound). In 2003, he repaid the loan and redeemed the cotton for $420 when
the world price was $.42
per pound. Later in 2003, he sold the cotton for $600.
The market gain on the redemption was $.08 ($.50 – $.42) per pound. Mike received a Form CCC–1099–G from the CCC showing market
gain of $80 ($.08 x 1,000 pounds). How he reports this market gain and figures his gain or loss from the sale of the cotton
depends on whether he
included CCC loans in income in 2002.
Included CCC loan.
Mike reported the $500 CCC loan as income for 2002, so he is treated as if he sold the cotton for $500 when he pledged
it and repurchased the
cotton for $420 when he redeemed it. The $80 market gain is not recognized on the redemption. He reports it for 2003 as an
Agricultural program
payment on line 6a of Schedule F, but does not include it as a taxable amount on line 6b.
Mike's basis in the cotton after he redeemed it was $420, which is the redemption (repurchase) price paid for the
cotton. His gain from the sale is
$180 ($600 – $420). He reports the $180 gain as income for 2003 on line 4 of Schedule F.
Excluded CCC loan.
Mike has income of $80 from market gain in 2003. He reports it on both line 6a and line 6b of Schedule F. His basis
in the cotton is zero, so his
gain from its sale is $600. He reports the $600 gain as income for 2003 on line 4 of Schedule F.
Example 2.
The facts are the same as in Example 1 except that, instead of selling the cotton for $600 after redeeming it, Mike entered into an
option-to-purchase contract with Tom Merchant before redeeming the cotton. Under that contract, Mike authorized Tom to pay
the CCC loan on Mike's
behalf. In 2003, Tom repaid the loan for $420 and immediately exercised his option, buying the cotton for $420. How Mike reports
the $80 market gain
on the redemption of the cotton and figures his gain or loss from its sale depends on whether he included CCC loans in income
in 2002.
Included CCC loan.
As in Example 1, Mike is treated as though he sold the cotton for $500 when he pledged it and repurchased the cotton for $420 when Tom
redeemed it for him. The $80 market gain is not recognized on the redemption. Mike reports it for 2003 as an Agricultural
program payment on line 6a
of Schedule F, but does not include it as a taxable amount on line 6b.
Also, as in Example 1, Mike's basis in the cotton when Tom redeemed it for him was $420. Mike has no gain or loss on its sale to Tom for
that amount.
Excluded CCC loan.
As in Example 1, Mike has income of $80 from market gain in 2003. He reports it on both line 6a and line 6b of Schedule F. His basis in
the cotton is zero, so his gain from its sale is $420. He reports the $420 gain as income for 2003 on line 4 of Schedule F.
Conservation Reserve
Program (CRP)
Under the Conservation Reserve Program (CRP), if you own or operate highly erodible or other specified cropland, you may enter
into a long-term
contract with the USDA, agreeing to convert to a less intensive use of that cropland. You must include the annual rental payments
and any one-time
incentive payment you receive under the program on lines 6a and 6b of Schedule F. Cost-share payments you receive may qualify
for the cost-sharing
exclusion (see Cost-Sharing Exclusion, later). CRP payments are reported to you on Form CCC–1099–G.
Crop Insurance and Crop Disaster Payments
You must include in income any crop insurance proceeds you receive as the result of crop damage. You generally include them
in the year you receive
them. Treat as crop insurance proceeds the crop disaster payments you receive from the federal government as the result of
destruction or damage to
crops, or the inability to plant crops, because of drought, flood, or any other natural disaster.
You can request income tax withholding from crop disaster payments you receive from the federal government. Use Form W–4V,
Voluntary
Withholding Request. See chapter 21 for information about ordering the form.
Choice to postpone reporting until the following year.
You can postpone reporting crop insurance proceeds as income until the year following the year the damage occurred
if you meet all the following
conditions.
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You use the cash method of accounting.
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You receive the crop insurance proceeds in the same tax year the crops are damaged.
-
You can show that under your normal business practice you would have included income from the damaged crops in any tax year
following the
year the damage occurred.
To postpone reporting crop insurance proceeds received in 2003, report the amount you received on line 8a of Schedule
F, but do not include it as a
taxable amount on line 8b. Check the box on line 8c and attach a statement to your tax return. The statement must include
your name and address and
contain the following information.
-
A statement that you are making a choice under section 451(d) of the Internal Revenue Code and section 1.451-6 of the
regulations.
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The specific crop or crops destroyed or damaged.
-
A statement that under your normal business practice you would have included income from the destroyed or damaged crops in
gross income for
a tax year following the year the crops were destroyed or damaged.
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The cause of the destruction or damage and the date or dates it occurred.
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The total payments you received from insurance carriers, itemized for each specific crop, and the date you received each
payment.
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The name of each insurance carrier from whom you received payments.
One choice covers all crops representing a single trade or business. If you have more than one farming business, make
a separate choice for each
one. For example, if you operate two separate farms on which you grow different crops and you keep separate books for each
farm, you should make two
separate choices to postpone reporting insurance proceeds you receive for crops grown on each of your farms.
A choice is binding for the year unless the IRS approves your request to change it. To request IRS approval to change
your choice, write to the IRS
at the following address giving your name, address, identification number, the year you made the choice, and your reasons
for wanting to change it.
Ogden Submission Processing Center
P. O. Box 9941
Ogden, UT 84409
Feed Assistance and Payments
The Disaster Assistance Act of 1988 authorizes programs to provide feed assistance, reimbursement payments, and other benefits
to qualifying
livestock producers if the Secretary of Agriculture determines that, because of a natural disaster, a livestock emergency
exists. These programs
include partial reimbursement for the cost of purchased feed and for certain transportation expenses. They also include the
donation or sale at a
below-market price of feed owned by the Commodity Credit Corporation.
Include in income:
-
The market value of donated feed,
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The difference between the market value and the price you paid for feed you buy at below market prices, and
-
Any cost reimbursement you receive.
You must include these benefits in income in the year you receive them. You cannot postpone reporting them under the rules
explained earlier for
weather-related sales of livestock or crop insurance proceeds. Report the benefits in Part I, Schedule F, as agricultural
program payments. You can
usually take a current deduction for the same amount as a feed expense.
Cost-Sharing Exclusion (Improvements)
You can exclude from your income part or all of a payment you receive under certain federal or state cost-sharing conservation,
reclamation, and
restoration programs. A payment is any economic benefit you get as a result of an improvement. However, this exclusion applies
only to that part of a
payment that meets all three of the following tests.
-
It was for a capital expense. You cannot exclude any part of a payment for an expense you can deduct in the year you pay or
incur it. You
must include the payment for a deductible expense in income, and you can take any offsetting deduction. (See chapter 6 for
information on deducting
soil and water conservation expenses.)
-
It does not substantially increase your annual income from the property for which it is made. An increase in annual income
is substantial if
it is more than the greater of the following amounts.
-
10% of the average annual income derived from the affected property before receiving the improvement.
-
$2.50 times the number of affected acres.
-
The Secretary of Agriculture certified that the payment was primarily made for conserving soil and water resources, protecting
or restoring
the environment, improving forests, or providing a habitat for wildlife.
Qualifying programs.
If the three tests listed above are met, you can exclude payments from the following programs.
-
The rural clean water program authorized by the Federal Water Pollution Control Act.
-
The rural abandoned mine program authorized by the Surface Mining Control and Reclamation Act of 1977.
-
The water bank program authorized by the Water Bank Act.
-
The emergency conservation measures program authorized by title IV of the Agricultural Credit Act of 1978.
-
The agricultural conservation program authorized by the Soil Conservation and Domestic Allotment Act.
-
The great plains conservation program authorized by the Soil Conservation and Domestic Policy Act.
-
The resource conservation and development program authorized by the Bankhead-Jones Farm Tenant Act and by the Soil Conservation
and Domestic
Allotment Act.
-
The forestry incentives program authorized by the Cooperative Forestry Assistance Act of 1978.
-
Certain small watershed programs, listed later.
-
Any program of a state, possession of the United States, a political subdivision of any of these, or of the District of Columbia
under which
payments are made to individuals primarily for conserving soil, protecting or restoring the environment, improving forests,
or providing a habitat for
wildlife. Several state programs have been approved. For information about the status of those programs, contact the state
offices of the Farm Service
Agency (FSA) and the Natural Resources and Conservation Service (NRCS).
Small watershed programs.
If the three tests listed earlier are met, you can exclude payments you receive under the following programs for improvements
made in connection
with a watershed.
-
The Stewardship Incentive Program authorized by the Food, Agriculture, Conservation, and Trade Act of 1990.
-
The programs under the Watershed Protection and Flood Prevention Act.
-
The flood prevention projects under the Flood Control Act of 1944.
-
The Emergency Watershed Protection Program under the Flood Control Act of 1950.
-
Certain programs under the Colorado River Basin Salinity Control Act.
-
The Wetlands Reserve Program authorized by the Food Security Act of 1985, the Federal Agriculture Improvement and Reform Act
of 1996 and the
Farm Security and Rural Investment Act of 2002.
-
The Environmental Quality Incentives Program (EQIP) authorized by the Federal Agriculture Improvement and Reform Act of 1996.
-
The Wildlife Habitat Incentives Program (WHIP) authorized by the Federal Agriculture Improvement and Reform Act of 1996.
-
The Soil and Water Conservation Assistance Program authorized by the Agricultural Risk Protection Act of 2000.
-
The Agricultural Management Assistance Program authorized by the Agricultural Risk Protection Act of 2000.
-
The Conservation Reserve Program authorized by the Food Security Act of 1985 and the Federal Agriculture Improvement and Reform
Act of 1996.
Income realized.
The gross income you realize upon getting an improvement under these cost-sharing programs is the value of the improvement
reduced by the sum of
the excludable portion and your share of the cost of the improvement (if any).
Value of the improvement.
You determine the value of the improvement by multiplying its fair market value (defined in chapter 12) by a fraction.
The numerator of the
fraction is the total cost of the improvement (all amounts paid either by you or by the government for the improvement) reduced
by the sum of the
following items.
-
Any government payments under a program not listed earlier.
-
Any part of a government payment under a program listed earlier that the Secretary of Agriculture has not certified as primarily
for
conservation.
-
Any government payment to you for rent or for your services.
The denominator of the fraction is the total cost of the improvement.
Excludable portion.
The excludable portion is the present fair market value of the right to receive annual income from the affected acreage
of the greater of the
following amounts.
-
10% of the prior average annual income from the affected acreage. The prior average annual income is the average of the gross
receipts from the affected acreage for the last 3 tax years before the tax year in which you started to install the improvement.
-
$2.50 times the number of affected acres.
The calculation of present fair market value of the right to receive annual income is too complex to discuss in this publication. You
may need to consult your tax advisor for assistance.
Example.
One hundred acres of your land was reclaimed under a rural abandoned mine program contract with the Natural Resources Conservation
Service of the
USDA. The total cost of the improvement was $500,000. The USDA paid $490,000. You paid $10,000. The value of the cost-sharing
improvement is $15,000.
The present fair market value of the right to receive the annual income described in (1) above is $1,380, and the present
fair market value of the
right to receive the annual income described in (2) is $1,550. The excludable portion is the greater amount, $1,550.
You figure the amount to include in gross income as follows:
Value of cost-sharing improvement |
$15,000 |
Minus: |
Your share |
$10,000 |
|
|
Excludable portion |
1,550 |
11,550 |
Amount included in income |
$ 3,450 |
Effects of the exclusion.
When you figure the basis of property you acquire or improve using cost-sharing payments excluded from income, subtract
the excluded payments from
your capital costs. Any payment excluded from income is not part of your basis.
In addition, you cannot take depreciation, amortization, or depletion deductions for the part of the cost of the property
for which you receive
cost-sharing payments you exclude from income.
How to report the exclusion.
Attach a statement to your tax return (or amended return) for the tax year you receive the last government payment
for the improvement. The
statement must include the following information.
-
The dollar amount of the cost funded by the government payment.
-
The value of the improvement.
-
The amount you are excluding.
Report the total cost-sharing payments you receive on line 6a of Schedule F and the taxable amount on line 6b.
Recapture.
If you dispose of the property within 20 years after you received the excluded payments, you must treat as ordinary
income part or all of the
cost-sharing payments you excluded. You must report the recapture on Form 4797. See Section 1255 property under Other Gains in
chapter 11.
Choosing not to exclude payments.
You can choose not to exclude all or part of any payments you receive under these programs. If you make this choice
for all of these payments, none
of the above restrictions and rules apply. You must make this choice by the due date, including extensions, for filing your
return. If you timely
filed your return for the year without making the choice, you can still make the choice by filing an amended return within
6 months of the due date of
the return (excluding extensions). Write “Filed pursuant to section 301.9100-2” at the top of the amended return and file it at the same address
you filed the original return.
Payments under the Farm Security and Rural Investment Act of 2002
The Farm Security and Rural Investment Act of 2002 created two new types of payments—direct and counter-cyclical payments.
You must include
these payments on lines 6a and 6b of Schedule F.
Peanut Quota Buyout Program Payments
The Farm Security and Rural Investment Act of 2002 repealed the marketing quota program for peanuts effective May 13, 2002.
As a result, USDA will
offer to enter into contracts with eligible peanut quota holders to provide compensation for the lost value of the quotas
resulting from the repeal.
If you are an eligible peanut quota holder, your contract entitles you to receive one of the following payment options.
-
Five equal annual payments of 11 cents per pound of peanut quota during the period 2002 through 2006.
-
A single lump sum payment in any one of the five years.
Tax treatment.
Your taxable gain or loss is the total amount received for your quota reduced by any amount treated as interest (discussed
later), over your
adjusted basis. The gain or loss is capital or ordinary depending on how you used the quota. See Capital or ordinary gain or loss, later.
You should have reported the entire gain on your income tax return for the taxable year that includes May 13, 2002,
if you:
-
Received a lump sum payment in the taxable year that included May 13, 2002, or
-
Chose not to use the installment method.
Adjusted basis.
The adjusted basis of your quota is determined differently depending on how you obtained the quota.
-
The basis of a quota derived from an original grant by the federal government of an acreage allotment is zero.
-
The basis of a purchased quota is the purchase price.
-
The basis of a quota derived from a purchased acreage allotment is the purchase price.
-
The basis of an inherited quota is generally the fair market value of the quota at the time of the decedent's death.
If not previously allocated, the total basis of a quota (or acreage allotment) and land obtained at the same time
must be properly allocated
between the two assets.
Reduction of basis.
You are required to reduce the basis of your peanut quota by the following amounts.
-
Deductions you took for amortization, depletion, or depreciation.
-
Amounts you previously deducted as a loss because of a reduction in the number of pounds of peanuts allowable under the quota.
-
The entire cost of a purchased quota or acreage allotment you deducted in an earlier year (which reduces your basis to zero).
Amount treated as interest.
You must reduce your peanut quota buyout program payment by the amount treated as interest, which is reportable as
ordinary income. If any of the
following conditions are met, your total quota buyout program payment does not include any amount treated as interest and
you are not required to
reduce the total payment you receive.
-
The payments total $3,000 or less,
-
All payments were made on or before November 13, 2002, or
-
The payments total $250,000 or less and all payments were made on or before May 13, 2003.
In all other cases, a portion of each payment may be treated as interest for federal tax purposes. You may be required
to reduce your total quota
buyout program payment before you calculate your gain or loss. For more information, see Notice 2002-67 in Internal Revenue
Bulletin 2002-42.
Installment method.
You may use the installment method to report a gain if you receive at least one payment after the close of your taxable
year that includes May 13,
2002. Under the installment method, a portion of the gain is taken into account in each year in which a payment is received.
See chapter 12 for more
information.
Capital or ordinary gain or loss.
Whether your gain or loss is ordinary or capital depends on how you used the quota.
Quota used in the trade or business of farming.
If you used the quota in the trade or business of farming and you held it for more than one year, you report the transaction
as a section 1231
transaction on Form 4797. See Section 1231 transactions under Ordinary or Capital Gain or Loss in chapter 10 for a definition of
section 1231 transactions.
See the instructions for Form 4797 for detailed information on reporting section 1231 transactions.
Quota held for investment.
If you held the quota for investment purposes, any gain or loss is capital gain or loss. The same result also applies
if you held the quota for the
production of income, though not connected with a trade or business.
Gain treated as ordinary income.
If you previously deducted any of the following items, some or all of the capital gain must be recharacterized and
reported as ordinary income. Any
resulting capital gain is taxed as ordinary income up to the amount previously deducted.
-
The cost of acquiring a quota.
-
Amounts for amortization, depletion, or depreciation.
-
Amounts to reflect a reduction in the quota pounds.
You should have included the ordinary income on your return for the taxable year that included May 13, 2002, even
if you use the installment method
to report the remainder of the gain.
Self-employment income.
The peanut quota buyout payments are not self-employment income.
Farm income averaging.
The gain or loss resulting from the quota payments does not qualify for farm income averaging. A peanut quota is considered
an interest in land.
Farm income averaging is not available for gain or loss arising from the sale or other disposition of land.
Involuntary conversion.
The buyout of the peanut quota is not an involuntary conversion.
Form 1099–S.
A peanut quota is considered an interest in land, so the USDA will generally report the total amount you receive under
a contract on Form
1099–S if the amount is $600 or more. The USDA will generally report any portion of a payment treated as interest of $600
or more to you on Form
1099–INT for the year in which the payment is made.
More information.
For more information on the taxation of peanut quota buyout program payments, see Notice 2002-67.
Other Payments
You must include most other government program payments in income.
Fertilizer and Lime
Include in income the value of fertilizer or lime you receive under a government program. How to claim the offsetting deduction
is explained under
Fertilizer and Lime in chapter 5.
Improvements
If government payments are based on improvements, such as a pollution control facility, you must include them in income. You
must also capitalize
the full cost of the improvement. Since you have included the payments in income, they do not reduce your basis. However,
see Cost-Sharing
Exclusion (Improvements), earlier, for additional information.
National Tobacco Growers' Settlement Trust Fund Payments
If you are a producer, landowner, or tobacco quota owner who receives money from the National Tobacco Growers' Settlement
Trust Fund, you must
report those payments as income. You should receive a Form 1099–MISC that shows the payment amount.
If you produce a tobacco crop, report the payments as income from farming on your Schedule F. If you are a landowner or tobacco
quota owner who
leases tobacco-related property but you do not produce the crop, report the payments as farm rental income on Form 4835.
Payment to More Than One Person
The USDA reports program payments to the IRS. It reports a program payment intended for more than one person as having been
paid to the person
whose identification number is on record for that payment (payee of record). If you, as the payee of record, receive a program
payment belonging to
someone else, such as your landlord, the amount belonging to the other person is a nominee distribution. You should file Form
1099–G to report
the identity of the actual recipient to the IRS. You should also give this information to the recipient. You can avoid the
inconvenience of
unnecessary inquiries about the identity of the recipient if you file this form.
Report the total amount reported to you as the payee of record on line 6a or 8a of your Schedule F. However, do not report
as a taxable amount on
line 6b or 8b any amount belonging to someone else.
See chapter 21 for information about ordering Form 1099–G.
Income From Cooperatives
If you buy farm supplies through a cooperative, you may receive income from the cooperative in the form of patronage dividends
(refunds). If you
sell your farm products through a cooperative, you may receive either patronage dividends or a per-unit retain certificate,
explained later, from the
cooperative.
Form 1099–PATR.
The cooperative will report the income to you on Form 1099–PATR or a similar form and send a copy to the IRS. Form
1099–PATR may also
show an alternative minimum tax adjustment that you must include on Form 6251, Alternative Minimum Tax—Individuals, if you are
required to file the form. For information on the alternative minimum tax, see chapter 14.
Patronage Dividends
You generally report patronage dividends as income on lines 5a and 5b of Schedule F for the tax year you receive them. They
include the following
items.
-
Money paid as a patronage dividend.
-
The stated dollar value of qualified written notices of allocation.
-
The fair market value of other property.
Do not report as income on line 5b any patronage dividend that is a nonqualified notice of allocation, that is for purchasing or
selling capital assets or depreciable property, or that is for purchasing personal items. Personal items include fuel purchased
for personal use,
basic local telephone service, and personal long distance calls.
If you cannot determine what the dividend is for, report it as income on lines 5a and 5b.
Qualified written notice of allocation.
If you receive a qualified written notice of allocation as part of a patronage dividend, you must generally include
its stated dollar value in your
income in the year you receive it. A written notice of allocation is qualified if at least 20% of the patronage dividend is
paid in money or by
qualified check and either of the following conditions is met.
-
The notice must be redeemable in cash for at least 90 days after it is issued, and you must have received a written notice
of your right of
redemption at the same time as the written notice of allocation.
-
You must have agreed to include the stated dollar value in income in the year you receive the notice by doing one of the following.
-
Signing and giving a written agreement to the cooperative.
-
Getting or keeping membership in the cooperative after it adopted a bylaw providing that membership constitutes agreement.
The cooperative
must notify you in writing of this bylaw and give you a copy.
-
Endorsing and cashing a qualified check paid as part of the same patronage dividend. You must cash the check by the 90th day
after the close
of the payment period for the cooperative's tax year for which the patronage dividend was paid.
Qualified check.
A qualified check is any instrument that is redeemable in money and meets both of the following requirements.
-
It is part of a patronage dividend that also includes a qualified written notice of allocation for which you met condition
(2)(c),
above.
-
It is imprinted with a statement that endorsing and cashing it constitutes the payee's consent to include in income the stated
dollar value
of any written notices of allocation paid as part of the same patronage dividend.
Loss on redemption.
You can deduct in Part II of Schedule F any loss incurred on the redemption of a qualified written notice of allocation
you received in the
ordinary course of your farming business. The loss is the difference between the stated dollar amount of the qualified written
notice you included in
income and the amount you received when you redeemed it.
Nonqualified notice of allocation.
Do not include the stated dollar value of any nonqualified notice of allocation in income when you receive it. Your
basis in the notice is zero.
You must include in income for the tax year of disposition any amount you receive from its sale, redemption, or other disposition.
Report that amount,
up to the stated dollar value of the notice, as ordinary income in Part I of Schedule F. However, do not include that amount in your income
if the notice resulted from purchasing or selling capital assets or depreciable property or from purchasing personal items,
as explained in the
following discussions.
If the amount you receive is more than the stated dollar value of the notice, report the excess as the type of income
it represents. For example,
if it represents interest income, report it on your return as interest.
Purchasing or selling capital assets or depreciable property.
Do not include in income patronage dividends from the purchase of capital assets or depreciable property used in your
business. You must, however,
reduce the basis of these assets by the dividends. This reduction is taken into account as of the first day of the tax year
in which the dividends are
received. If the dividends are more than your unrecovered basis, include the difference as ordinary income on Schedule F for
the tax year you receive
them. Include all these dividends on line 5a of Schedule F, but include only the taxable part on line 5b.
This rule and the exceptions explained later also apply to amounts you receive from the sale, redemption, or other
disposition of a nonqualified
notice of allocation that resulted from purchasing or selling capital assets or depreciable property.
Example.
On July 1, 2002, Mr. Brown, a patron of a cooperative association, bought a machine for his dairy farm business from the association
for $2,900.
The machine has a life of 7 years under MACRS (as provided in the Table of Class Lives and Recovery Periods in Appendix B of
Publication 946). Mr. Brown files his return on a calendar year basis. For 2002, he claimed a depreciation deduction of $311,
using the 10.71%
depreciation rate from the 150% declining balance, half-year convention table (shown in Table A–14 in Appendix A of Publication 946).
On July 1, 2003, the cooperative association paid Mr. Brown a $300 cash patronage dividend for his purchase of the machine.
Mr. Brown adjusts the
basis of the machine and figures his depreciation deduction for 2003 (and later years) as follows.
Exceptions.
If the dividends are for purchasing or selling capital assets or depreciable property you did not own at any time
during the year you received the
dividends, you must include them as ordinary income on Schedule F unless one of the following rules applies.
-
If the dividends relate to a capital asset you held for more than 1 year for which a loss was or would have been deductible,
treat them as
gain from the sale or exchange of a capital asset held for more than 1 year.
-
If the dividends relate to a capital asset for which a loss was not or would not have been deductible, do not report them
as income
(ordinary or capital gain).
If the dividends are for selling capital assets or depreciable property during the year you received the dividends,
treat them as an additional
amount received on the sale.
Personal purchases.
Omit from the taxable amount of patronage dividends on line 5b of Schedule F any dividends from buying personal, living,
or family items, such as
supplies, equipment, or services not related to the production of farm income. This rule also applies to amounts you receive
from the sale,
redemption, or other disposition of a nonqualified written notice of allocation resulting from these purchases.
Per-Unit Retain Certificates
A per-unit retain certificate is any written notice that shows the stated dollar amount of a per-unit retain allocation made
to you by the
cooperative. A per-unit retain allocation is an amount paid to patrons for products sold for them that is fixed without regard
to the net earnings of
the cooperative. These allocations can be paid in money, other property, or qualified certificates.
Per-unit retain certificates issued by a cooperative generally receive the same tax treatment as patronage dividends, discussed
earlier.
Qualified certificates.
Qualified per-unit retain certificates are those issued to patrons who have agreed to include the stated dollar amount
of these certificates in
income in the year of receipt. The agreement may be made in writing or by getting or keeping membership in a cooperative whose
bylaws or charter
states that membership constitutes agreement. If you receive qualified per-unit retain certificates, include the stated dollar
amount of the
certificates in income in Part I of Schedule F for the tax year you receive them.
Nonqualified certificates.
Do not include the stated dollar value of a nonqualified per-unit retain certificate in income when you receive it.
Your basis in the certificate
is zero. You must include in income any amount you receive from its sale, redemption, or other disposition. Report the amount
you receive from the
disposition as ordinary income in Part I of Schedule F for the tax year of disposition.
Cancellation of Debt
This section explains the general rule for including canceled debt in income and the exceptions to the general rule.
General Rule
Generally, if your debt is canceled or forgiven, other than as a gift or bequest to you, you must include the canceled amount
in gross income for
tax purposes. Report the canceled amount on line 10 of Schedule F if you incurred the debt in your farming business. If the
debt is a nonbusiness
debt, report the canceled amount on line 21 of Form 1040.
Form 1099–C.
If a federal agency, financial institution, credit union, finance company, or credit card company cancels or forgives
your debt of $600 or more,
you will receive a Form 1099–C, Cancellation of Debt. The amount of debt canceled is shown in box 2.
Exceptions
The following discussion covers some exceptions to the general rule for canceled debt. These exceptions apply before the exclusions
discussed
below.
Price reduced after purchase.
If you owe a debt to the seller for property you bought and the seller reduces the amount you owe, you generally do
not have income from the
reduction. Unless you are in bankruptcy or are insolvent, treat the amount of the reduction as a purchase price adjustment
and reduce your basis in
the property. The rules that apply to bankruptcy and insolvency are explained under Exclusions, later.
Deductible debt.
You do not realize income from a canceled debt to the extent the payment of the debt would have been a deductible
expense. This exception applies
before the price reduction exception discussed above.
Example.
You get accounting services for your farm on credit. Later, you have trouble paying your farm debts, but you are not bankrupt
or insolvent. Your
accountant forgives part of the amount you owe for the accounting services. How you treat the canceled debt depends on your
method of accounting.
-
Cash method — You do not include the canceled debt in income because payment of the debt would have been deductible as a business
expense.
-
Accrual method — You include the canceled debt in income because the expense was deductible when you incurred the debt.
Exclusions
Do not include canceled debt in income in the following situations.
-
The cancellation takes place in a bankruptcy case under title 11 of the U.S. Code.
-
The cancellation takes place when you are insolvent.
-
The canceled debt is a qualified farm debt.
-
The canceled debt is a qualified real property business debt (in the case of a taxpayer other than a C corporation). See chapter
5 in
Publication 334.
If a canceled debt is excluded from income because it takes place in a bankruptcy case, the exclusions in situations (2),
(3), and (4) do not
apply. If it takes place when you are insolvent, the exclusions in situations (3) and (4) do not apply to the extent you are
insolvent.
See Form 982, later, for information on how to claim an exclusion for a canceled debt.
Debt.
For this discussion, debt includes any debt for which you are liable or that attaches to property you hold.
Bankruptcy and Insolvency
You can exclude a canceled debt from income if you are bankrupt or to the extent you are insolvent.
Bankruptcy.
A bankruptcy case is a case under title 11 of the U.S. Code if you are under the jurisdiction of the court and the
cancellation of the debt is
granted by the court or is the result of a plan approved by the court.
Do not include debt canceled in a bankruptcy case in your income in the year it is canceled. Instead, you must use
the amount canceled to reduce
your tax benefits, explained later under Reduction of tax benefits.
Insolvency.
You are insolvent to the extent your liabilities are more than the fair market value of your assets immediately before
the cancellation of debt.
You can exclude canceled debt from gross income up to the amount by which you are insolvent. If the canceled debt
is more than this amount and the
debt qualifies, you can apply the rules for qualified farm debt or qualified real property business debt to the difference.
Otherwise, you include the
difference in gross income. Use the amount excluded because of insolvency to reduce any tax benefits, as explained later under
Reduction of tax
benefits. You must reduce the tax benefits under the insolvency rules before applying the rules for qualified farm debt or for qualified
real
property business debt.
Example.
You had a $15,000 debt canceled outside of bankruptcy. Immediately before the cancellation, your liabilities totaled $80,000
and your assets
totaled $75,000. Since your liabilities were more than your assets, you were insolvent to the extent of $5,000 ($80,000 -
$75,000). You can
exclude this amount from income. The remaining canceled debt ($10,000) may be subject to the qualified farm debt or qualified
real property business
debt rules. If not, you must include it in income.
Reduction of tax benefits.
If you exclude canceled debt from income in a bankruptcy case or during insolvency, you must use the excluded debt
to reduce certain tax benefits.
Order of reduction.
You must use the excluded canceled debt to reduce the following tax benefits in the order listed unless you choose
to reduce the basis of
depreciable property first, as explained later.
-
Net operating loss (NOL). Reduce any NOL for the tax year of the debt cancellation, and then any NOL carryover to that year.
Reduce the NOL or NOL carryover one dollar for each dollar of excluded canceled debt.
-
General business credit carryover. Reduce the credit carryover to or from the tax year of the debt cancellation. Reduce the
carryover 33⅓ cents for each dollar of excluded canceled debt.
-
Minimum tax credit. Reduce the minimum tax credit available at the beginning of the tax year following the tax year of the debt
cancellation. Reduce the credit 33⅓ cents for each dollar of excluded canceled debt.
-
Capital loss. Reduce any net capital loss for the tax year of the debt cancellation, and then any capital loss carryover to that
year. Reduce the capital loss or loss carryover one dollar for each dollar of excluded canceled debt.
-
Basis. Reduce the basis of the property you hold at the beginning of the tax year following the tax year of the debt cancellation
in the following order.
-
Real property (except inventory) used in your trade or business or held for investment that secured the canceled debt.
-
Personal property (except inventory and accounts and notes receivable) used in your trade or business or held for investment
that secured
the canceled debt.
-
Other property (except inventory and accounts and notes receivable) used in your trade or business or held for investment.
-
Inventory and accounts and notes receivable.
-
Other property.
Reduce the basis one dollar for each dollar of excluded canceled debt. However, the reduction cannot be more than the total
bases of property and
the amount of money you hold immediately after the debt cancellation minus your total liabilities immediately after the cancellation.
For allocation rules that apply to basis reductions for multiple canceled debts, see section 1.1017-1(b)(2) of the regulations.
Also see
Choosing to reduce the basis of depreciable property first, later.
-
Passive activity loss and credit carryovers. Reduce the passive activity loss and credit carryovers from the tax year of the debt
cancellation. Reduce the loss carryover one dollar for each dollar of excluded canceled debt. Reduce the credit carryover
33⅓ cents for
each dollar of excluded canceled debt.
-
Foreign and possession tax credits. Reduce the credit carryover to or from the tax year of the debt cancellation. Reduce the
carryover 33⅓ cents for each dollar of excluded canceled debt.
How to make tax benefit reductions.
Always make the required reductions in tax benefits after figuring your tax for the year of the debt cancellation.
In making the reductions in (1)
and (4) above, first reduce the loss for the tax year of the debt cancellation. Then reduce any loss carryovers to that year
in the order of the tax
years from which the carryovers arose, starting with the earliest year. In making the reductions in (2) and (7) above, reduce
the credit carryovers to
the tax year of the debt cancellation in the order in which they are taken into account for that year.
Choosing to reduce the basis of depreciable property first.
You can choose to apply any portion of the excluded canceled debt first to reduce the basis of depreciable property
you hold at the beginning of
the tax year following the tax year of the debt cancellation, in the following order.
-
Depreciable real property used in your trade or business or held for investment that secured the canceled debt.
-
Depreciable personal property used in your trade or business or held for investment that secured the canceled debt.
-
Other depreciable property used in your trade or business or held for investment.
-
Real property held as inventory if you choose to treat it as depreciable property on Form 982.
The amount you apply cannot be more than the total adjusted bases of all the depreciable property. Depreciable property
for this purpose means any
property subject to depreciation, but only if a reduction of basis will reduce the depreciation or amortization otherwise
allowable for the period
immediately following the basis reduction.
You make this reduction before reducing the other tax benefits listed earlier. If the excluded canceled debt is more
than the depreciable basis you
choose to reduce first, use the difference to reduce the other tax benefits. In figuring the limit on the basis reduction
in (5), Basis,
use the remaining adjusted bases of your property after making this choice.
See Form 982, later, for information on how to make this choice. If you make this choice, you can revoke it only with the consent of the
IRS.
Recapture of basis reductions.
If you reduce the basis of property under these provisions and later sell or otherwise dispose of the property at
a gain, the part of the gain due
to this basis reduction is taxable as ordinary income under the depreciation recapture provisions. Treat any property that
is not section 1245 or
section 1250 property as section 1245 property. For section 1250 property, determine the straight-line depreciation adjustments
as though there were
no basis reduction for debt cancellation. Sections 1245 and 1250 property and the recapture of gain as ordinary income are
explained in chapter 11.
More information.
For more information on debt cancellation in bankruptcy proceedings or during insolvency, see Publication 908.
Qualified Farm Debt
You can exclude from income a canceled debt that is qualified farm debt owed to a qualified person. This exclusion applies
only if you were solvent
when the debt was canceled or, if you were insolvent, only to the extent the canceled debt is more than the amount by which
you were insolvent. This
exclusion does not apply to a canceled debt excluded from income because it takes place in a bankruptcy case.
Your debt is qualified farm debt if both the following requirements are met.
-
You incurred it directly in operating a farming business.
-
At least 50% of your total gross receipts for the 3 tax years preceding the year of debt cancellation were from your farming
business.
Qualified person.
This is a person who is actively and regularly engaged in the business of lending money. A qualified person includes
any federal, state, or local
government, or any of their agencies or subdivisions. The USDA is a qualified person. A qualified person does not include
any of the following.
-
A person related to you.
-
A person from whom you got the property (or a person related to this person).
-
A person who receives a fee from your investment in the property (or a person related to this person).
For the definition of a related person, see Related persons under At-Risk Amounts in Publication 925.
Exclusion limit.
The amount of canceled qualified farm debt you can exclude from income is limited. It cannot be more than the sum
of your adjusted tax benefits and
the total adjusted bases of the qualified property you hold at the beginning of the tax year following the tax year of the
debt cancellation. Figure
this limit after taking into account any reduction of tax benefits because of debt canceled during insolvency.
If the canceled debt is more than this limit, you must include the difference in gross income.
Adjusted tax benefits.
Adjusted tax benefits means the sum of the following items.
-
Any net operating loss (NOL) for the tax year of the debt cancellation and any NOL carryover to that year.
-
Any general business credit carryover to or from the year of the debt cancellation, multiplied by 3.
-
Any minimum tax credit available at the beginning of the tax year following the tax year of the debt cancellation, multiplied
by
3.
-
Any net capital loss for the tax year of the debt cancellation and any capital loss carryover to that year.
-
Any passive activity loss and credit carryovers from the tax year of the debt cancellation. Any credit carryover is multiplied
by
3.
-
Any foreign and possession tax credit carryovers to or from the tax year of the debt cancellation, multiplied by 3.
Qualified property.
This is any property you use or hold for use in your trade or business or for the production of income.
Reduction of tax benefits.
If you exclude canceled debt from income under the qualified farm debt rules, you must use the excluded debt to reduce
tax benefits. (If you also
excluded canceled debt under the insolvency rules, you reduce the amount of the tax benefits remaining after reduction for
the exclusion allowed under
the insolvency rules.) You generally must follow the reduction rules previously explained under Bankruptcy and Insolvency. However, do not
follow the rules in item (5), Basis. Instead, follow the special rules explained next.
Special rules for reducing the basis of property.
You must use special rules to reduce the basis of property for excluded canceled qualified farm debt. Under these
special rules, you only reduce
the basis of qualified property (defined earlier). Reduce it in the following order.
-
Depreciable qualified property. You may choose on Form 982 to treat real property held as inventory as depreciable property.
-
Land that is qualified property and is used or held for use in your farming business.
-
Other qualified property.
Form 982
Use Form 982 to show the amounts of canceled debt excluded from income and the reduction of tax benefits in the order listed
on the form. Also use
it if you are choosing to apply the excluded canceled debt to reduce the basis of depreciable property before reducing tax
benefits. You make this
choice by showing the amount you choose to apply on line 5 of the form.
When to file.
You must file Form 982 with your timely filed income tax return (including extensions) for the tax year in which the
cancellation of debt occurred.
If you timely filed your return for the year without choosing to apply the excluded canceled debt to reduce the basis of depreciable
property first,
you can still make the choice by filing an amended return within 6 months of the due date of the return (excluding extensions).
For more information,
see When to file in the Form 982 instructions.
Income From Other Sources
This section discusses other types of income you may receive.
Barter income.
If you are paid for your work in farm products, other property, or services, you must report as income the fair market
value of what you receive.
The same rule applies if you trade farm products for other farm products, property, or someone else's labor. This is called
barter income. For
example, if you help a neighbor build a barn and receive a cow for your work, you must report the fair market value of the
cow as ordinary income.
Your basis for property you receive in a barter transaction is usually the fair market value that you include in income. If
you pay someone with
property, see Property for services under Labor Hired in chapter 5.
Below-market loans.
A below-market loan is a loan on which either no interest is charged or interest is charged at a rate below the applicable
federal rate. If you
make a below-market loan, you may have to report income from the loan in addition to any stated interest you receive from
the borrower. See chapter 1
of Publication 550 for more information on below-market loans.
Commodity futures and options.
See Hedging (Commodity Futures) in chapter 10 for information on gains and losses from commodity futures and options transactions.
Custom hire (machine work).
Pay you receive for contract work or custom work that you or your hired help perform off your farm for others, or
for the use of your property or
machines, is income to you whether or not income tax was withheld. This rule applies whether you receive the pay in cash,
services, or merchandise.
Report this income on line 9, Part I, of Schedule F.
Easements and rights-of-way.
Income you receive for granting easements or rights-of-way on your farm or ranch for flooding land, laying pipelines,
constructing electric or
telephone lines, etc., may result in income, a reduction in the basis of all or part of your farmland, or both.
Example.
You granted a right-of-way for a gas pipeline through your property for $10,000. Only a specific part of your farmland was
affected. You reserved
the right to continue farming the surface land after the pipe was laid. Treat the payment for the right-of-way in one of the
following ways.
-
If the payment is less than the basis properly allocated to the part of your land affected by the right-of-way, reduce the
basis by
$10,000.
-
If the payment is equal to or more than the basis of the affected part of your land, reduce the basis to zero and the rest,
if any, is gain
from a sale. The gain is reported on Form 4797 and is treated as section 1231 gain if you held the land for more than 1 year.
See chapter
11.
Easement contracts usually describe the affected land using square feet. Your basis may be figured per acre. One acre equals
43,560 square feet.
If construction of the line damaged growing crops and you later receive a settlement of $250 for this damage, the $250 is
income and is included on
line 10 of Schedule F. It does not affect the basis of your land.
Fuel tax credit and refund.
Include any credit or refund of federal excise taxes on fuels in your gross income if you deducted the cost of the
fuel as an expense that reduced
your income tax. See chapter 18 for more information about fuel tax credits and refunds.
Illegal federal irrigation subsidy.
The federal government, operating through the Bureau of Reclamation, has made irrigation water from certain reclamation
and irrigation projects
available for agricultural purposes. The excess of the amount required to be paid for water from these projects over the amount
you actually paid is
an illegal subsidy.
For example, if the amount required to be paid is full cost and you paid less than full cost, the difference is an
illegal subsidy and you must
include it in income. Report this on line 10 of Schedule F. You cannot take a deduction for the amount you must include in
income.
For more information on reclamation and irrigation projects, contact your local Bureau of Reclamation.
Prizes.
Report prizes you win on farm livestock or products at contests, exhibitions, fairs, etc., on Schedule F as Other income. If you receive
a prize in cash, include the full amount in income. If you receive a prize in produce or other property, include the fair
market value of the
property. For prizes of $600 or more, you should receive a Form 1099–MISC, Miscellaneous Income.
See chapter 15 for information about prizes related to 4–H Club or FFA projects. See Publication 525 for information
about other prizes.
Property sold, destroyed, stolen, or condemned.
You may have an ordinary or capital gain if property you own is sold or exchanged, stolen, destroyed by fire, flood,
or other casualty, or
condemned by a public authority. In some situations, you can postpone the tax on the gain to a later year. See chapters 10
through 13.
Recapture of certain depreciation.
If you took a section 179 deduction for property used in your farming business and at any time during the property's
recovery period you do not use
it more than 50% in your business, you must include part of the deduction in income. See chapter 8 for information on the
section 179 deduction and
when to recapture that deduction.
In addition, if the percentage of business use of listed property (see chapter 8) falls to 50% or less in any tax
year during the recovery period,
you must include in income any excess depreciation you took on the property.
Both of these amounts are farm income. Use Part IV of Form 4797 to figure how much to include in income.
Refund or reimbursement.
You generally must include in income a reimbursement, refund, or recovery of an item for which you took a deduction
in an earlier year. Include it
for the tax year you receive it. However, if any part of the earlier deduction did not decrease your income tax, you do not
have to include that part
of the reimbursement, refund, or recovery.
Example.
A tenant farmer purchased fertilizer for $1,000 in April 2002. He deducted $1,000 on his 2002 Schedule F and the entire deduction
reduced his tax.
The landowner reimbursed him $500 of the cost of the fertilizer in February 2003. The tenant farmer must include $500 in income
on his 2003 tax return
because the entire deduction decreased his 2002 tax.
Sale of soil and other natural deposits.
If you remove and sell topsoil, loam, fill dirt, sand, gravel, or other natural deposits from your property, the proceeds
are ordinary income. A
reasonable allowance for depletion of the natural deposit sold may be claimed as a deduction. See Depletion in chapter 8.
Sod.
Report proceeds from the sale of sod on Schedule F. A deduction for cost depletion is allowed, but only for the topsoil
removed with the sod.
Granting the right to remove deposits.
If you enter into a legal relationship granting someone else the right to excavate and remove natural deposits from
your property, you must
determine whether the transaction is a sale or another type of transaction (for example, a lease).
If you receive a specified sum or an amount fixed without regard to the quantity produced and sold from the deposit
and you retain no economic
interest in the deposit, your transaction is a sale. You are considered to retain an economic interest if, under the terms
of the legal relationship,
you depend on the income derived from extraction of the deposit for a return of your capital investment in the deposit.
Your income from the deposit is capital gain if the transaction is a sale. Otherwise, it is ordinary income subject
to an allowance for depletion.
See chapter 8 for information on depletion and chapter 10 for the tax treatment of capital gains.
Timber sales.
Timber sales, including sales of logs, firewood, and pulpwood, are discussed in chapter 10.
Farm Income Averaging
If you are engaged in a farming business, you may be able to average all or some of your farm income by allocating it to the
3 prior years (base
years). This may give you a lower tax if your income from farming is high and your taxable income from one or more of the
3 prior years was low. The
term farming business is defined in the instructions for Schedule J (Form 1040).
Who can use farm income averaging?
You can use farm income averaging to figure your tax for any year in which you were engaged in a farming business
as an individual, a partner in a
partnership, or a shareholder in an S corporation. Services performed as an employee are disregarded in determining whether
an individual is engaged
in a farming business. However, a shareholder of an S corporation engaged in a farming business may treat compensation received
from the corporation
that is attributable to the farming business as farm income. You do not need to have been engaged in a farming business in
any base year.
Corporations, partnerships, S corporations, estates, and trusts cannot use farm income averaging.
Elected Farm Income (EFI)
EFI is the amount of income from your farming business that you choose to have taxed at base year rates. You can designate
as EFI any type of
income attributable to your farming business. However, your EFI cannot be more than your taxable income, and any EFI from
a net capital gain
attributable to your farming business cannot be more than your total net capital gain.
Income from your farming business is the sum of any farm income or gain minus any farm expenses or losses allowed as deductions
in figuring your
taxable income. However, it does not include gain from the sale or other disposition of land.
Gains from the sale or other disposition of farm property.
Gains from the sale or other disposition of farm property other than land can be designated as EFI if you (or your
partnership or S corporation)
used the property regularly for a substantial period in a farming business. Whether the property has been regularly used for
a substantial period
depends on all the facts and circumstances.
Liquidation of a farming business.
If you (or your partnership or S corporation) liquidate your farming business, gains on property sold within a reasonable
time after operations
stop can be designated as EFI. A period of 1 year after stopping operations is a reasonable time. After that, what is a reasonable
time depends on the
facts and circumstances.
EFI and base year rates.
If your EFI includes both ordinary income and capital gains, you must allocate an equal portion of each type of income
to each base year to figure
the tax on EFI. For example, you cannot allocate all of the capital gains to a single base year.
How To Figure the Tax
If you average your farm income, you will figure your tax on Schedule J (Form 1040).
Negative taxable income for base year.
If your taxable income for any base year was zero because your deductions were more than your income, you may have
negative taxable income for that
year to combine with your EFI on Schedule J.
Filing status.
You are not prohibited from using farm income averaging solely because your filing status is not the same as your
filing status in the base years.
For example, if you are married and file jointly, but filed as single in all of the base years, you may still average farm
income.
Effect on Other Tax Determinations
You subtract your EFI from your taxable income and add one-third of it to the taxable income of each of the base years to
determine the tax rate to
use for income averaging. The allocation of your EFI to the base years does not affect other tax determinations. For example,
you make the following
determinations before subtracting your EFI (or adding it to income in the base years).
-
The amount of your self-employment tax.
-
Whether, in the aggregate, sales and other dispositions of business property (section 1231 transactions) produce long-term
capital gain or
ordinary loss.
-
The amount of any net operating loss carryover or net capital loss carryover applied and the amount of any carryover to another
year.
-
The limit on itemized deductions based on your adjusted gross income.
-
The amount of any net capital loss or net operating loss in a base year.
Tax on Investment Income of Child Under 14
If your child's investment income is more than $1,500, part of that income may be taxed at your tax rate instead of your child's
tax rate.
If you use farm income averaging, figure your child's tax on investment income using your rate after allocating EFI. You cannot use any
of your child's investment income as your EFI, even if it is attributable to a farming business. For information on figuring
the tax on your child's
investment income, see Publication 929, Tax Rules for Children and Dependents.
Alternative Minimum Tax (AMT)
You cannot use income averaging to determine your tentative minimum tax. When figuring your AMT, the regular tax you subtract
from your
tentative minimum tax is the tax you computed using farm income averaging. This may cause you to owe AMT or increase your AMT but,
generally, it will not increase your total tax.
Credit for prior year minimum tax.
You may be able to claim a tax credit if you owed AMT in a prior year. See chapter 14.
Schedule J
You can use farm income averaging by filing Schedule J (Form 1040) with your timely filed (including extensions) return for
the year. You can also
use farm income averaging on a late return, or use, change, or cancel it on an amended return, if the time for filing a claim
for refund has not
expired for that election year. You generally must file the claim for refund within 3 years from the date you filed your original
return or 2 years
from the date you paid the tax, whichever is later.
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