Publication 225

Publication 225

Contents

Farmer's
Tax Guide

Introduction . . . . . . . . . . . . . . . . . . 1

Cat. No. 11049L
Department
of the
Treasury
Internal
Revenue
Service

For use in preparing

2021 Returns

Acknowledgment: The valuable advice and assistance given us each
year by the National Farm Income Tax Extension Committee is
gratefully acknowledged.

What's New for 2021 . . . . . . . . . . . . . 2
What's New for 2022 . . . . . . . . . . . . . 3
Reminders . . . . . . . . . . . . . . . . . . . 3
Chapter 1. Importance of Records . . . . 3
Chapter 2. Accounting Methods . . . . . 5
Chapter 3. Farm Income . . . . . . . . . . 8
Chapter 4. Farm
Business Expenses

. . . . . . . . . 19

Chapter 5. Soil and Water
Conservation Expenses . . . . . . . 28
Chapter 6. Basis of Assets

. . . . . . . 31

Chapter 7. Depreciation, Depletion,
and Amortization . . . . . . . . . . . 36
Chapter 8. Gains and Losses . . . . . . 48
Chapter 9. Dispositions of
Property Used in Farming

. . . . . 56

Chapter 10. Installment Sales

. . . . . 60

Chapter 11. Casualties, Thefts, and
Condemnations . . . . . . . . . . . . 65
Chapter 12. Self-Employment Tax . . . 74
Chapter 13. Employment Taxes

. . . . 79

Chapter 14. Fuel Excise Tax
Credits and Refunds . . . . . . . . . 85
Chapter 15. Estimated Tax

. . . . . . . 87

Chapter 16. How To Get Tax Help . . . 89
Index

. . . . . . . . . . . . . . . . . . . . . 92

Introduction

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Oct 15, 2021

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You are in the business of farming if you cultivate, operate, or manage a farm for profit, either
as owner or tenant. A farm includes livestock,
dairy, poultry, fish, fruit, and truck farms. It also
includes plantations, ranches, ranges, and orchards and groves.
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 information 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 16 for information on ordering
these publications.
The explanations and examples in this publication reflect the IRS's interpretation of tax laws
enacted by Congress, Treasury regulations,
and court decisions. However, the information
given does not cover every situation and is not
intended to replace the law or change its

meaning. This publication covers subjects on
which a court may have rendered a decision
more favorable to taxpayers than the interpretation by the IRS. Until these differing interpretations are resolved by higher court decisions, or
in some other way, this publication will continue
to present the interpretation by the IRS.
The IRS Mission. Provide America's taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the tax law with integrity and fairness to
all.
Comments and suggestions. We welcome
your comments about this publication and suggestions for future editions.
You can send us comments through
IRS.gov/FormComments. Or you can write to:
Internal Revenue Service, Tax Forms and Publications, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224.
Although we can’t respond individually to
each comment received, we do appreciate your
feedback and will consider your comments and
suggestions as we revise our tax forms, instructions, and publications. Do not send tax questions, tax returns, or payments to the above address.
Getting answers to your tax questions.
If you have a tax question not answered by this
publication or the How To Get Tax Help section
at the end of this publication, go to the IRS Interactive Tax Assistant page at IRS.gov/
Help/ITA where you can find topics by using the
search feature or viewing the categories listed.
Getting tax forms, instructions, and publications. Visit IRS.gov/FormsPubs to download forms and publications. Otherwise, you
can go to IRS.gov/Forms to download current
and prior-year forms, instructions, and publications.
Comments on IRS enforcement actions.
The Small Business and Agricultural Regulatory
Enforcement Ombudsman and 10 Regional
Fairness Boards were established to receive
comments from small business about federal
agency enforcement actions. The Ombudsman
will annually evaluate the enforcement activities
of each agency and rate its responsiveness to
small business. If you wish to comment on the
enforcement actions of the IRS, you can:
• Call 888-734-3247;
• Fax your comments to 202-481-5719;
• Write to:
Office of the National Ombudsman
U.S. Small Business Administration
409 3rd Street SW
Washington, DC 20416;
• Send an email to [email protected];
or
• Complete and submit a Federal Agency
Comment Form online at
sba.gov/ombudsman/comment.
Treasury Inspector General for Tax Administration (TIGTA). If you want to confidentially
report misconduct, waste, fraud, or abuse by an
IRS employee, you can call 800-366-4484
(800-877-8339 for TTY/TDD users). You can remain anonymous.
Page 2

Farm tax classes. Many state Cooperative
Extension Services conduct farm tax workshops in conjunction with the IRS. Contact your
county or regional extension office for more information.
Rural Tax Education website. The Rural Tax
Education website is a source for information
concerning agriculturally related income and
deductions and self-employment tax. The website is available for farmers and ranchers, other
agricultural producers, Extension educators,
and anyone interested in learning about the tax
side of the agricultural community. Members of
the National Farm Income Tax Extension Committee are contributors for the website, and the
website is hosted by Utah State University Cooperative Extension. You can visit the website
at www.ruraltax.org.

Future Developments
The IRS has created a page on IRS.gov for
information about Pub. 225 at
IRS.gov/Pub225. Information about recent
developments affecting Pub. 225 will be posted
on that page.

What's New for 2021
The following items highlight a number of
administrative and tax law changes for 2021.
They are discussed in more detail throughout
this publication.
Coronavirus Food Assistance Program
(CFAP). The CFAP provides direct payments
to producers of eligible agricultural commodities
adversely affected by the coronavirus (COVID 19) pandemic to help offset sales losses and increased marketing costs associated with the
COVID-19 pandemic. CFAP payments will not
be available after September 30, 2021. CFAP
payments are agricultural program payments
that you must include in gross income. Report
the full amount of your CFAP payments on
Schedule F (Form 1040), lines 4a and 4b. Go to
www.usda.gov. See chapter 3.
Temporary meal expense deduction increase for 2021 and 2022. Section 210 of the
Taxpayer Certainty and Disaster Tax Relief Act
of 2020 provides for the temporary allowance of
a 100% business meal deduction for food or
beverages, if provided by a restaurant (including carry-out or delivery), and the expense is
paid or incurred after December 31, 2020, and
before January 1, 2023. See chapter 4.
Standard mileage rate. For 2021, the standard mileage rate for the cost of operating your
car, van, pickup, or panel truck for business use
is 56 cents a mile. See chapter 4.
Increased section 179 expense deduction
dollar limits. The maximum amount you can
elect to deduct for most section 179 property
you placed in service in 2021 is $1,050,000.
This limit is reduced by the amount by which the
cost of the property placed in service during the
tax year exceeds $2,620,000. Also, the maximum section 179 expense deduction for sport
utility vehicles placed in service in tax years beginning in 2021 is $26,200. See chapter 7.

Expiration of the treatment for certain race
horses. The 3-year recovery period for race
horses 2 years old or younger will not apply to
horses placed in service after December 31,
2021. See chapter 7.
Maximum net earnings. The maximum net
self-employment earnings subject to the social
security part (12.4%) of the self-employment tax
is $142,800 for 2021, up from $137,700 for
2020. There is no maximum limit on earnings
subject to the Medicare part (2.9%) or, if applicable, the Additional Medicare Tax (0.9%). See
chapter 12.
Credits for self-employed persons. Extended refundable credits are available to certain
self-employed persons impacted by the coronavirus. See the Instructions for Form 7202 for
more information.
The COVID-19 related credit for qualified
sick and family leave wages has been extended and amended. The Families First Coronavirus Response Act (FFCRA) was amended by recent legislation. The FFCRA
requirement that employers provide paid sick
and family leave for reasons related to COVID19 (the employer mandate) expired on December 31, 2020; however, the COVID-related Tax
Relief Act of 2020 extends the periods for which
employers providing leave that otherwise meets
the requirements of the FFCRA may continue to
claim tax credits for qualified sick and family
leave wages paid for leave taken before April 1,
2021.
The American Rescue Plan Act of 2021 (the
ARP) adds new sections 3131, 3132, and 3133
to the Internal Revenue Code to provide credits
for qualified sick and family leave wages similar
to the credits that were previously enacted under the FFCRA and amended and extended by
the COVID-related Tax Relief Act of 2020. The
credits under sections 3131 and 3132 are available for qualified leave wages paid for leave
taken after March 31, 2021, and before October
1, 2021. For more information about the credit
for qualified sick and family leave wages, including the dates for which the credit may be
claimed, see the Instructions for Form 943, and
go to IRS.gov/PLC.
The COVID-19 related employee retention
credit has been extended and amended.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was amended by recent
legislation. The Taxpayer Certainty and Disaster Tax Relief Act of 2020 modifies the calculation of the employee retention credit and extends the date through which the credit may be
claimed to qualified wages paid before July 1,
2021. The ARP adds new section 3134 to the
Internal Revenue Code to provide an employee
retention credit similar to the credit that was
previously enacted under the CARES Act and
amended and extended by the Taxpayer Certainty and Disaster Tax Relief Act of 2020. The
employee retention credit is available for qualified wages paid before January 1, 2022. For
more information about the employee retention
credit, including the dates for which the credit
may be claimed, see the Instructions for Form
943, and go to IRS.gov/ERC.
New credit for COBRA premium assistance
payments. Section 9501 of the ARP provides
for COBRA premium assistance in the form of a
full reduction in the premium otherwise payable
Publication 225 (2021)

by certain individuals and their families who
elect COBRA continuation coverage due to a
loss of coverage as the result of a reduction in
hours or an involuntary termination of employment (assistance eligible individuals). This COBRA premium assistance is available for periods of coverage beginning on or after April 1,
2021, through periods of coverage beginning
on or before September 30, 2021. For more information on COBRA premium assistance payments and the credit, see the Instructions for
Form 943 and Notice 2021-31, 2021-23 I.R.B.
1173,
available
at
IRS.gov/irb/
2021-23_IRB#NOT-2021-31.
Advance payment of COVID-19 credits extended. Based on the extensions of the credit
for qualified sick and family leave wages and
the employee retention credit, and the new
credit for COBRA premium assistance payments, discussed above, Form 7200, Advance
Payment of Employer Credits Due to
COVID-19, may be filed to request an advance
payment. For more information, including information on which employers are eligible to request an advance payment, the deadlines for
requesting an advance, and the amount that
can be advanced, see the Instructions for Form
7200.
Deferral of the employer share of social security tax expired. The CARES Act allowed
employers to defer the deposit and payment of
the employer share of social security tax. The
deferred amount of the employer share of social
security tax was only available for deposits due
on or after March 27, 2020, and before January
1, 2021, as well as deposits and payments due
after January 1, 2021, that are required for wages paid on or after March 27, 2020, and before
January 1, 2021. One-half of the employer
share of social security tax is due by December
31, 2021, and the remainder is due by December 31, 2022. For more information about the
deferral of the employer share of the social security tax, see the Instructions for Form 943 and
IRS.gov/ETD.
Deferral of the employee share of social security tax expired. The Presidential Memorandum on Deferring Payroll Tax Obligations in
Light of the Ongoing COVID-19 Disaster, issued on August 8, 2020, directed the Secretary
of the Treasury to defer the withholding, deposit, and payment of the employee share of
social security tax on wages paid during the period from September 1, 2020, through December 31, 2020. The deferral of the withholding
and payment of the employee share of social
security tax was available for employees whose
social security wages paid for a biweekly pay
period were less than $4,000, or the equivalent
threshold amount for other pay periods. The
COVID-related Tax Relief Act of 2020 defers
the due date for the withholding and payment of
the employee share of social security tax until
the period beginning on January 1, 2021, and
ending on December 31, 2021. For more information about the deferral of employee social
security tax, see the Instructions for Form 943;
Notice 2020-65, 2020-38 I.R.B. 567, available
at IRS.gov/irb/2020-38_IRB#NOT-2020-65; and
Notice 2021-11, 2021-06 I.R.B. 827, available
at IRS.gov/irb/2021-06_IRB#NOT-2021-11.
Social security and Medicare tax for 2021.
The social security tax rate is 6.2% each for the

employee and employer, unchanged from
2020. The social security wage base limit is
$142,800.
The Medicare tax rate is 1.45% each for the
employee and employer, unchanged from
2020. There is no wage base limit for Medicare
tax. See chapter 13.
2021 withholding tables. The federal income
tax withholding tables are now included in Pub.
15-T, Federal Income Tax Withholding Methods.

What's New for 2022
Social security and Medicare tax for 2022.
The employee and employer tax rates for social
security and the maximum amount of wages
subject to social security tax for 2022 will be
discussed in Pub. 51 (for use in 2022).
The Medicare tax rate for 2022 will also be
discussed in Pub. 51 (for use in 2022). There is
no limit on the amount of wages subject to Medicare tax. See chapter 13.

Reminders
The following reminders and other items may
help you file your tax return.
Principal agricultural activity codes. You
must enter on line B of Schedule F (Form 1040)
a code that identifies your principal agricultural
activity. It is important to use the correct code
because this information will identify market
segments of the public for IRS Taxpayer Education programs. The U.S. Census Bureau also
uses this information for its economic census.
See the list of Principal Agricultural Activity Codes on page 2 of Schedule F (Form 1040).
Publication on employer identification numbers (EINs). Pub. 1635, Understanding Your
Employer Identification Number, provides general information on EINs. Topics include how to
apply for an EIN and how to complete Form
SS-4.
Change of address. If you change your home
address, you should use Form 8822, Change of
Address, to notify the IRS. If you change your
business address, you should use Form
8822-B, Change of Address or Responsible
Party—Business, to notify the IRS. Be sure to
include your suite, room, or other unit number.
Reportable transactions. You must file Form
8886, Reportable Transaction Disclosure Statement, to report certain transactions. You may
have to pay a penalty if you are required to file
Form 8886 but do not do so. Reportable transactions include (1) transactions the same as, or
substantially similar to, tax avoidance transactions identified by the IRS; (2) transactions offered to you under conditions of confidentiality
and for which you paid an advisor a minimum
fee; (3) transactions for which you have, or a related party has, a right to a full or partial refund
of fees if all or part of the intended tax consequences from the transaction are not sustained;
(4) transactions that result in losses of at least
$2 million in any single year or $4 million in any
combination of years; and (5) transactions with
asset holding periods of 45 days or less and

that result in a tax credit of more than $250,000.
For more information, see the Instructions for
Form 8886.
Form W-4 for 2021. You should make new
Forms W-4 available to your employees and encourage them to check their income tax withholding for 2021. Those employees who owed
a large amount of tax or received a large refund
for 2020 may need to submit a new Form W-4.
Form 1099-MISC. Generally, file Form
1099-MISC if you pay at least $600 in rents,
services, and other miscellaneous payments in
your farming business to an individual (for example, an accountant, an attorney, or a veterinarian) who is not your employee. Payments
made to corporations for medical and health
care payments, including payments made to
veterinarians, must generally be reported on
Form 1099.
Limited liability company (LLC). For purposes of this publication, an LLC is a business entity organized in the United States under state
law. Unlike a partnership, all of the members of
an LLC have limited personal liability for its
debts. An LLC may be classified for federal income tax purposes as a partnership, a corporation, or an entity disregarded as separate from
its owner by applying the rules in Regulations
section 301.7701-3. See Pub. 3402 for more
details.
Photographs of missing children. The IRS is
a proud partner with the National Center for
Missing & Exploited Children® (NCMEC). Photographs of missing children selected by the
Center may appear in this publication on pages
that would otherwise be blank. You can help
bring these children home by looking at the
photographs and calling 1-800-THE-LOST
(1-800-843-5678) (24 hours a day, 7 days a
week) if you recognize a child.

1.
Importance of
Records
Introduction
A farmer, like other taxpayers, must keep records to prepare an accurate income tax return
and determine the correct amount of tax. This
chapter explains the benefits of keeping records, what kinds of records you must keep,
and how long you must keep them for federal
tax purposes.
While this publication only discusses tax records, the records you keep as a farm business
owner should allow you to accurately measure
your farm’s financial performance, create financial statements, and help you make management decisions in addition to calculating taxable
farm income.
Records that provide information beyond
your tax return require additional information
Chapter 1

Importance of Records

Page 3

and effort on the part of the record keeper. To
assist you in developing or improving your recordkeeping system, the Farm Financial Standards Council produces publications that provide
recommendations for financial reporting and
analysis. You can download the Implementation
Guidelines at https://ffsc.org. For more information, contact the Farm Financial Standards
Council in the following manner.
• Call 262-253-6902.
• Send a fax to 262-253-6903.
• Write to:
Farm Financial Standards Council
N78 W14573 Appleton Ave., #287
Menomonee Falls, WI 53051.

Topics

This chapter discusses:

• Benefits of recordkeeping
• Kinds of records to keep
• How long to keep records

Useful Items

You may want to see:
Publication
51

(Circular A), Agricultural Employer's
Tax Guide
51

463 Travel, Gift, and Car Expenses
463

535 Business Expenses
535

544 Sales and Other Dispositions of
Assets

arate farm from nonfarm receipts and taxable
from nontaxable income. See chapter 3 for
more information.
Keep track of deductible expenses. You
may forget expenses when you prepare your
tax return unless you record them when they
occur. Your records can identify the purpose
and timing of expenses. You need this information to separate farm business expenses from
nonfarm payments and other expenses. See
chapter 4 for more information.
Prepare your tax returns. You need records
to prepare your tax return. These records must
accurately support the income, expenses, and
credits you report. Generally, these are the
same records you use to monitor your farming
business and prepare your financial statements.
You will also need records to prepare information returns such as a Form 1099-MISC or Form
1099-NEC provided to a vendor or a Form W-2
provided to an employee.
Support items reported on tax returns. You
must keep your business records available at all
times for inspection by the IRS. If the IRS examines any of your tax returns, you may be asked
to explain the items reported. A complete set of
records will assist in the examination.

Kinds of Records
To Keep

544

946 How To Depreciate Property
946

See chapter 16 for information about getting
publications.

Benefits of
Recordkeeping
Everyone in business, including farmers, must
keep appropriate records. Recordkeeping will
help you do the following.
Monitor the progress of your farming business. You need records to monitor the progress of your business. In addition to measuring
overall profitability, detailed records can help
you identify which crop or livestock enterprises
are most profitable or indicate where management changes may be needed to improve profitability. Records that help you make better decisions should also increase the likelihood of
business success.
Prepare your financial statements. You will
need records to prepare accurate financial
statements. These include income (profit and
loss) statements, cash flow statements, balance sheets, and statements of owner’s equity.
These statements will be required and helpful
when working with your bank or creditors and
may also help you manage your farm business.
Identify source of receipts. You will receive
money, property, and/or services from many
sources. Your records can identify the source of
your receipts. You need this information to sepPage 4

Chapter 1

Importance of Records

Except in a few cases, the law does not require
any specific kind of records. You can choose
any recordkeeping system suited to your farming business that clearly shows, for example,
your income and expenses.
You should set up your recordkeeping system using an accounting method that clearly
shows your income for your tax year. If you are
in more than one business, you should keep a
complete and separate set of records for each
business. A corporation’s recordkeeping system should include board of directors meeting
minutes. See chapter 2 for more information.
Your recordkeeping system should include a
summary of your business transactions, which
shows your gross income, as well as any expenses, deductions, and credits you are reporting. In addition, you must keep supporting
documents, such as invoices and receipts, for
purchases, sales, payroll, and other business
transactions.
It is important to keep these documents because they support the entries in your journals
and ledgers and on your tax return. Keep them
in an orderly fashion and in a safe place. For instance, organize them by year and type of income or expense.
Electronic records. All requirements that apply to hard copy books and records also apply
to electronic storage systems that maintain tax
books and records. When you replace hard
copy books and records, you must maintain the
electronic storage systems for as long as they
are material to the administration of tax law.
An electronic storage system is any system
for preparing or keeping your records either by

electronic imaging or by transfer to electronic
storage media. The electronic storage system
must index, store, preserve, retrieve, and reproduce the electronically stored books and records in legible format. All electronic storage
systems must provide a complete and accurate
record of your data that is accessible to the IRS.
Electronic storage systems are also subject
to the same controls and retention guidelines as
those imposed on your original hard copy
books and records. The original hard copy
books and records may be destroyed, provided
that the electronic storage system has been
tested to establish that the hard copy books and
records are being reproduced in compliance
with IRS requirements for an electronic storage
system and procedures are established to ensure continued compliance with all applicable
rules and regulations. You still have the responsibility of retaining any other books and records
that are required to be retained.
The IRS may test your electronic storage
system, including the equipment used, indexing
methodology, software, and retrieval capabilities. This test is not considered an examination
and the results must be shared with you. If your
electronic storage system meets the requirements mentioned earlier, you will be in compliance. If not, you may be subject to penalties for
noncompliance, unless you continue to maintain your original hard copy books and records
in a manner that allows you and the IRS to determine your correct tax. For details on electronic storage system requirements, see Revenue Procedure 97-22. You can find Revenue
Procedure 97-22 on page 9 of Internal Revenue
Bulletin 1997-13 at
IRS.gov/pub/irs-irbs/irb97-13.pdf.
Travel, transportation, entertainment, and
gift expenses. Specific recordkeeping rules
apply to these expenses. For more information,
see Pub. 463.
Employment taxes. There are specific employment tax records you must keep. For a list,
see Pub. 51 (Circular A).
Excise taxes. See How To Claim a Credit or
Refund in chapter 14 for the specific records
you must keep to verify your claim for credit or
refund of excise taxes on certain fuels.
Assets. Assets are the property, such as machinery and equipment, you own and use in
your business. You must keep records to verify
certain information about your business assets.
You need records to figure your annual depreciation deduction and the gain or (loss) when you
sell the assets. Your records should show all
the following.
• When and how you acquired the asset
(whether the asset was new or used).
• Full purchase cost of the asset.
• Cost of any improvements.
• Section 179 deduction taken.
• Deductions taken for depreciation.
• Deductions taken for casualty losses, such
as losses resulting from fires or storms.
• How you used the asset.
• When and how you disposed of the asset.
• Fair market value of property when traded.
• Selling price.
• Expenses of sale.

The following are examples of records that
may show this information.
• Purchase and sales invoices.
• Real estate closing statements.
• Canceled checks.
• Bank statements.
Financial account statements as proof of
payment. If you do not have a canceled check,
you may be able to prove payment with certain
financial account statements prepared by financial institutions. These include account statements prepared for the financial institution by a
third party. These account statements must be
legible. The following table lists acceptable account statements.

IF payment is by...

THEN the statement must
show the...

•
•
•
•

Check number.
Amount.
Payee's name.
Date the check amount
was posted to the
account by the financial
institution.

Electronic funds
transfer

•
•
•

Amount transferred.
Payee's name.
Date the transfer was
posted to the account by
the financial institution.

Credit card

•
•
•

Amount charged.
Payee's name.
Transaction date.

Check

Proof of payment of an amount, by itself, does not establish you are entitled
CAUTION to a tax deduction. You should also
keep other documents, such as credit card
sales slips and invoices, to show that you also
incurred the cost.

!

Tax returns. Keep copies of your filed tax returns. They help in preparing future tax returns
and making computations if you file an amended return. Keep copies of your information returns such as Form 1099, Schedule K-1, and
Form W-2.

How Long To Keep
Records
You must keep your records as long as they
may be needed for the administration of any
provision of the Internal Revenue Code. Keep
records that support an item of income or a deduction appearing on a return until the period of
limitations for the return runs out. A period of
limitations is the period of time after which no legal action can be brought. Generally, that
means you must keep your records for at least
3 years from when your tax return was due or
filed or within 2 years of the date the tax was
paid, whichever is later. However, certain records must be kept for a longer period of time,
as discussed below.
Employment taxes. If you have employees,
you must keep all employment tax records for at
least 4 years after the date the tax becomes
due or is paid, whichever is later.

Assets. Keep records relating to property until
the period of limitations expires for the year in
which you dispose of the property in a taxable
disposition. You must keep these records to figure any depreciation, amortization, or depletion
deduction and to figure your basis for computing gain or (loss) when you sell or otherwise dispose of the property.
You may need to keep records relating to
the basis of property longer than the period of
limitation. Keep those records as long as they
are important in figuring the basis of the original
or replacement property. Generally, this means
as long as you own the property and, after you
dispose of it, for the period of limitations that applies to you. For example, if you received property in a nontaxable exchange, you must keep
the records for the old property, as well as for
the new property, until the period of limitations
expires for the year in which you dispose of the
new property in a taxable disposition. For more
information on basis, see chapter 6.
Records for nontax purposes. When your
records are no longer needed for tax purposes,
do not discard them until you check to see if
you have to keep them longer for other purposes. For example, your insurance company or
creditors may require you to keep them longer
than the IRS does.

2.
Accounting
Methods
Introduction
You must use an accounting method that
clearly shows the income and expenses used to
figure your taxable income. You must also file
an income tax return for an annual accounting
period called a “tax year.”
This chapter discusses accounting methods. For information on accounting periods, see
Pub. 538, Accounting Periods and Methods,
and the Instructions for Form 1128, Application
To Adopt, Change, or Retain a Tax Year.

Topics

This chapter discusses:

•
•
•
•
•

Cash method
Accrual method
Farm inventory
Special methods of accounting
Changes in methods of accounting

Useful Items

You may want to see:
Publication
538 Accounting Periods and Methods
538

535 Business Expenses
535

Form (and Instructions)
1128 Application To Adopt, Change, or
Retain a Tax Year
1128

3115 Application for Change in
Accounting Method
3115

See chapter 16 for information about getting
publications and forms.

Accounting Methods
An accounting method is a set of rules used to
determine when and how your income and expenses are reported on your tax return. Your
accounting method includes not only your overall method of accounting, but also the accounting treatment you use for any material item.
Facts and circumstances affect whether an
item is material. Factors to consider in determining the materiality of an item include the size
of the item (both in absolute terms and in relation to income and other expenses) and the
treatment of the item on your financial statements. Generally, an item considered material
for financial statement purposes is also considered material for income tax purposes. See
Pub. 538 for more information.
You generally choose an accounting
method for your farm business when you file
your first income tax return that includes a
Schedule F (Form 1040), Profit or Loss From
Farming. If you later want to change your accounting method, you must generally get IRS
approval. How to obtain IRS approval is discussed later under Changes in Methods of Accounting.
Types of accounting methods. Generally,
you can use any of the following accounting
methods. Each method is discussed in detail
below.
• Cash method.
• Accrual method.
• Special methods of accounting for certain
items of income and expenses.
• Combination (hybrid) method using elements of two or more of the above methods.
Business and other items. You can account
for business and personal items using different
accounting methods. For example, you can figure your business income under an accrual
method, even if you use the cash method to figure personal items.
Two or more businesses. If you operate two
or more separate and distinct businesses, you
can use a different accounting method for each
business. Generally, no business is separate
and distinct unless a complete and separate set
of books and records is maintained for each
business.
Chapter 2

Accounting Methods

Page 5

Cash Method
Most farmers use the cash method because
they find it easier to keep records using the
cash method. Certain farm corporations and
partnerships and all tax shelters are generally
required to use an accrual method of accounting. However, for tax years beginning in 2021,
farm corporations or partnerships that have
average annual gross receipts of $26 million or
less for the 3 preceding tax years and are not
tax shelters can use the cash method instead of
the accrual method. See Accrual Method Required, later. Also, see Inventory, later.

Income
Under the cash method, include in your gross
income all items of income you actually or constructively received during the tax year. Items of
income include money received as well as
property or services received. If you receive
property or services, you must include the fair
market value (FMV) of the property or services
received in income. See chapter 3 for information on how to report farm income on your income tax return.
Constructive receipt. Income is constructively received when an amount is credited to
your account or made available to you without
restriction. You do not need to have possession
of the income for it to be treated as income for
the tax year. You need to have the ability to receive the income. If you authorize someone to
be your agent and receive income for you, you
are considered to have received the income
when your agent receives it. Income is not constructively received if your receipt of the income
is subject to substantial restrictions or limitations.
Delaying receipt of income. You cannot
hold checks or postpone taking possession of
similar property from one tax year to another to
avoid paying tax on the income. You must report the income in the year the money or property is received or made available to you without restriction.
Example. Frances Jones, a farmer who
uses the cash method of accounting, was entitled to receive a $10,000 payment on a grain
contract in December 2021. She was told in December that her payment was available. She requested not to be paid until January 2022. Frances must include this payment in her 2021
income because it was made available to her in
2021.
Debts paid by another person or canceled. If your debts are paid by another person
or are canceled by your creditors, you may
have to report part or all of this debt relief as income. If you receive income in this way, you
constructively receive the income when the
debt is canceled or paid. See Cancellation of
Debt in chapter 3 for more information.
Deferred payment contract. If you sell an
item under a deferred payment contract that
calls for payment in a future year, there is no
constructive receipt in the year of sale. However, if the sales contract states that you have
the right to the proceeds of the sale from the
Page 6

Chapter 2

Accounting Methods

buyer at any time after delivery of the item, then
you must include the sales price in income in
the year of the sale, regardless of when you actually receive payment.
Example. You are a farmer who uses the
cash method and a calendar tax year. You sell
grain in December 2021 under a bona fide
arm's-length contract that calls for payment in
2022. You include the proceeds from the sale in
your 2022 gross income since that is the year
payment is received. However, if the contract
states that you have the right to the proceeds
from the buyer at any time after the grain is delivered, you must include the sales price in your
2021 income, even if payment is received in the
following year.
Repayment of income. If you include an
amount in income and in a later year you have
to repay all or part of it, then you can usually deduct the repayment in the year repaid. The type
of deduction you are allowed in the year of repayment depends on the type of income you included in the earlier year. See Repayments in
chapter 11 of Pub. 535, Business Expenses.

Expenses
Under the cash method, you generally deduct
expenses in the tax year you pay them. This includes business expenses for which you contest liability. However, you may not be able to
deduct an expense paid in advance or you may
be required to capitalize certain costs, as explained under Uniform Capitalization Rules in
chapter 6. See chapter 4 for information on how
to deduct farm business expenses on your income tax return.
Prepayment. Generally, you cannot deduct
expenses paid in advance. This rule applies to
any expense paid far enough in advance to, in
effect, create an asset with a useful life extending substantially beyond the end of the current
tax year.
Example. On November 1, 2021, you
signed and paid $3,600 for a 3-year (36-month)
insurance contract for equipment. In 2021, you
are allowed to deduct only $200 (2/36 x $3,600)
of the cost of the policy that is attributable to
2021. In 2022, you'll be able to deduct $1,200
(12/36 x $3,600); in 2023, you'll be able to deduct $1,200 (12/36 x $3,600); and in 2024,
you'll be able to deduct the remaining balance
of $1,000.
An exception applies if the expense qualifies
for the 12-month rule. Under the 12-month rule,
a taxpayer is not required to capitalize amounts
paid to create certain rights or benefits for the
earlier of the following:
• 12 months after the right or benefit begins,
or
• The end of the tax year after the tax year in
which payment is made.
See Pub. 538 for more information and examples.
See chapter 4 for special rules for prepaid
farm supplies and prepaid livestock feed.

Accrual Method
Under an accrual method of accounting, you
generally report income in the year earned and
deduct or capitalize expenses in the year incurred. The purpose of an accrual method of accounting is to correctly match income and expenses in the correct tax year. Certain large
farm businesses must use an accrual method of
accounting for its farm activities and for sales
and purchases of inventory items. See Accrual
Method Required and Farm Inventory, later.

Income
Generally, you include an amount in income for
the tax year in which all events that fix your right
to receive the income have occurred, and you
can determine the amount with reasonable accuracy. Under this rule, include an amount in income on the earliest of the following dates.
• When you receive payment.
• When the income amount is due to you.
• When you earn the income.
• When title passes.
• When taken into account in an applicable
financial statement (or such other statement the IRS may specify).
If you use an accrual method of accounting,
complete Part III of Schedule F (Form 1040) to
report your income.

Inventory
Generally, if you keep an inventory, you must
use an accrual method of accounting to determine your gross income. However, see Exception below. An inventory is necessary to clearly
show income when the production, purchase,
or sale of merchandise is an income-producing
factor. See Pub. 538 for more information. Also,
see Farm Inventory, later, for more information
on items that must be included in inventory by
farmers, and inventory valuation methods for
farmers.
Exception. For tax years beginning in 2021,
you are not required to maintain an inventory if
the average annual gross receipts for the 3 preceding tax years for the farm is $26 million or
less and the farm is not a tax shelter. In this
case, the farm can use a method of accounting
that (1) treats inventory as nonincidental materials and supplies, or (2) accounts for the inventory in the same manner as the applicable financial statements, or books and records if there
are no financial statements.

Expenses
Under an accrual method of accounting, you
generally deduct or capitalize a business expense when both of the following apply.
1. The all-events test has been met. This test
is met when:
a. All events have occurred that fix the
fact that you have a liability, and
b. The amount of the liability can be determined with reasonable accuracy.
2. Economic performance has occurred.

Economic performance. Generally, you cannot deduct or capitalize a business expense until economic performance occurs. If your expense is for property or services provided to
you, or for your use of property, economic performance occurs as the property or services are
provided or as the property is used. If your expense is for property or services you provide to
others, economic performance occurs as you
provide the property or services.
Example. Jane, who is a farmer, uses a
calendar tax year and an accrual method of accounting. To take advantage of early payment
discounts, she paid for seed in October 2020.
The seed was delivered to her in March 2021.
Economic performance did not occur until the
seed was delivered and planted. Jane incurs
the expense in 2021.
An exception to the economic performance
rule allows certain recurring items to be treated
as incurred during a tax year even though economic performance has not occurred. For more
information, see Economic Performance in Pub.
538.
Special rule for related persons. Business
expenses and interest owed to a related person
who uses the cash method of accounting are
not deductible until you make the payment and
the corresponding amount is includible in the
related person's gross income. Determine the
relationship for this rule as of the end of the tax
year for which the expense or interest would
otherwise be deductible.

Accrual Method Required
Generally, the following businesses, if engaged
in farming, are required to use an accrual
method of accounting.
1. A corporation that has gross receipts of
more than $26 million.
2. A partnership with a corporation as a partner, if that corporation meets the requirements of (1) above.
3. A tax shelter (discussed below).
Note. Items (1) and (2) above do not apply
to an S corporation or a business operating a
nursery or sod farm, or the raising or harvesting
of trees (other than fruit and nut trees).
Tax shelter. A tax shelter is a partnership,
noncorporate enterprise, or S corporation that
meets either of the following tests.
1. Its principal purpose is the avoidance or
evasion of federal income tax.
2. It is a farming syndicate. A farming syndicate is an entity that meets either of the
following tests.
a. Interests in the activity have been offered for sale in an offering required to
be registered with a federal or state
agency with the authority to regulate
the offering of securities for sale.
b. More than 35% of the losses during
the tax year are allocable to limited
partners or limited entrepreneurs.

A “limited partner” is one whose personal liability for partnership debts is limited to the
money or other property the partner contributed
or is required to contribute to the partnership.
A “limited entrepreneur” is one who has an
interest in an enterprise other than as a limited
partner and does not actively participate in the
management of the enterprise.
Note. If a farming business has average annual gross receipts of $26 million or less for the
3 preceding tax years and is not a tax shelter,
the farm is not subject to the uniform capitalization rules. See Uniform capitalization rules,
later. Also, see Uniform Capitalization Rules in
chapter 6.

Farm Inventory
If you are required to keep an inventory, you
should keep a complete record of your inventory as part of your farm records. This record
should show the actual count or measurement
of the inventory. It should also show all factors
that enter into its valuation, including quality and
weight, if applicable. Below are some items that
could be included in inventory.
Hatchery business. If you are in the hatchery
business, and use an accrual method of accounting, you must include in inventory eggs in
the process of incubation.
Products held for sale. All harvested and purchased farm products held for sale or for feed
or seed, such as grain, hay, silage, concentrates, cotton, tobacco, etc., must be included in
inventory.
Supplies. Supplies acquired for sale or that
become a physical part of items held for sale
must be included in inventory. Deduct the cost
of supplies in the year used or consumed in operations. Do not include incidental supplies in
inventory as these are deductible in the year of
purchase.
Livestock. Livestock held primarily for sale
must be included in inventory. Livestock held
for draft, breeding, or dairy purposes can either
be depreciated or included in inventory. Also,
see Unit-livestock-price method, later. If you are
in the business of breeding and raising chinchillas, mink, foxes, or other fur-bearing animals,
these animals are livestock for inventory purposes.
Growing crops. Generally, growing crops are
not required to be included in inventory. However, if the crop has a preproductive period of
more than 2 years, you may have to capitalize
(or include in inventory) costs associated with
the crop.
Uniform capitalization rules. The following applies if you are required to use an accrual
method of accounting.
• The uniform capitalization rules apply to all
costs of raising a plant, even if the preproductive period of raising a plant is 2 years
or less.
• The costs of animals are subject to the uniform capitalization rules.

Note. If a farming business has average annual gross receipts of $26 million or less for the
3 preceding tax years and is not a tax shelter,
the farm is not subject to the uniform capitalization rules. See Uniform Capitalization Rules in
chapter 6.
Items to include in inventory. Your inventory
should include all items held for sale, or for use
as feed, seed, etc., whether raised or purchased, that are unsold at the end of the year.

Inventory valuation methods. The following
methods, described below, are those generally
available for valuing inventory. The method you
use must conform to generally accepted accounting principles for similar businesses and
must clearly reflect income.
• Cost.
• Lower of cost or market.
• Farm-price method.
• Unit-livestock-price method.
Cost and lower of cost or market methods. See Pub. 538 for information on these valuation methods.
If you value your livestock inventory at

TIP cost or the lower of cost or market, you

do not need IRS approval to change to
the unit-livestock-price method. However, if you
value your livestock inventory using the
farm-price method, then you must obtain permission from the IRS to change to the unit-livestock-price method.
Farm-price method. Under this method,
each item, whether raised or purchased, is valued at its market price less the direct cost of
disposition. Market price is the current price at
the nearest market in the quantities you usually
sell. Cost of disposition includes broker's commissions, freight, hauling to market, and other
marketing costs. If you use this method, you
must use it for your entire inventory, except that
livestock can be inventoried under the unit-livestock-price method.
Unit-livestock-price method. This method
recognizes the difficulty of establishing the exact costs of producing and raising each animal.
You group or classify livestock according to
type and age and use a standard unit price for
each animal within a class or group. The unit
price you assign should reasonably approximate the normal costs incurred in producing the
animals in such classes. Unit prices and classifications are subject to approval by the IRS on
examination of your return. You must annually
reevaluate your unit livestock prices and adjust
the prices upward or downward to reflect increases or decreases in the costs of raising
livestock. IRS approval is not required for these
adjustments. Any other changes in unit prices
or classifications do require IRS approval.
If you use this method, include all raised
livestock in inventory, regardless of whether
they are held for sale or for draft, breeding,
sport, or dairy purposes. This method accounts
only for the increase in cost of raising an animal
to maturity. It does not provide for any decrease

Chapter 2

Accounting Methods

Page 7

in the animal's market value after it reaches maturity. Also, if you raise cattle, you are not required to inventory hay you grow to feed your
herd.
Do not include animals that were sold or lost
in the year-end inventory. If your records do not
show which animals were sold or lost, treat the
first animals acquired as sold or lost. The animals on hand at the end of the year are considered those most recently acquired.
You must include in inventory all livestock
purchased primarily for sale. You can choose
either to include in inventory or depreciate livestock purchased for draft, breeding, sport, or
dairy purposes. However, you must be consistent from year to year, regardless of the method
you have chosen. You cannot change your
method without obtaining approval from the
IRS.
You must include in inventory animals purchased after maturity or capitalize them at their
purchase price. If the animals are not mature at
purchase, increase the cost at the end of each
tax year according to the established unit price.
However, in the year of purchase, do not increase the cost of any animal purchased during
the last 6 months of the year. This “no increase”
rule does not apply to tax shelters, which must
make an adjustment for any animal purchased
during the year. It also does not apply to taxpayers that must make an adjustment to reasonably reflect the particular period in the year in
which animals are purchased, if necessary to
avoid significant distortions in income.
Note. A farmer can determine costs required to be allocated under the uniform capitalization rules by using the farm-price or unit-livestock-price inventory method. This applies to
any plant or animal, even if the farmer does not
hold or treat the plant or animal as inventory
property.

Cash Versus Accrual Method
The following examples compare the cash and
accrual methods of accounting.
Example 1, Accrual Method. You are a
farmer who uses an accrual method of accounting. You keep your books on the calendar year
basis. You sell grain in December 2021 but you
are not paid until January 2022. Because you
use the accrual method, you report the grain
sale in 2021 because that is when the income
was earned, even though you did not receive
the income until 2022.
Example 2, Cash Method. Assume the
same facts as in Example 1 except that you use
the cash method and there was no constructive
receipt of the sales proceeds in 2021. Under
the cash method, you include the sales proceeds in income in 2022, the year you receive
payment. Deduct the costs of producing the
grain in the year you pay for them.

Special Methods
of Accounting

Crop method. If you do not harvest and dispose of your crop in the same tax year that you
plant it, you can, with IRS approval, use the
crop method of accounting. You cannot use the
crop method for any tax return, including your
first tax return, unless you receive approval
from the IRS. Under this method, you deduct
the entire cost of producing the crop, including
the expense of seed or young plants, in the year
you realize income from the crop.
See chapter 4 for details on deducting the
costs of operating a farm. Also, see Regulations
section 1.162-12.
Other special methods. Other special methods of accounting apply to the following items.
• Amortization, see chapter 7.
• Casualties, see chapter 11.
• Condemnations, see chapter 11.
• Depletion, see chapter 7.
• Depreciation, see chapter 7.
• Farm business expenses, see chapter 4.
• Farm income, see chapter 3.
• Installment sales, see chapter 10.
• Soil and water conservation expenses, see
chapter 5.
• Thefts, see chapter 11.

Combination Method
Generally, you can use any combination of
cash, accrual, and special methods of accounting if the combination clearly shows your income and expenses and you use it consistently.
However, the following restrictions apply.
• If you use the cash method for figuring
your income, you must use the cash
method for reporting your expenses.
• If you use an accrual method for reporting
your expenses, you must use an accrual
method for figuring your income.

Changes in Methods of
Accounting
A change in your method of accounting includes a change in:
• Your overall method, such as from the
cash method to an accrual method, and
• Your treatment of any material item, such
as a change in your method of valuing inventory (for example, a change from the
farm-price method to the unit-livestock-price method, discussed earlier).
Generally, once you have set up your accounting method, you must receive approval from the
IRS before you can change either an overall
method of accounting or the accounting treatment of any material item. A user fee may be required for any non-automatic change requests.
To obtain approval, you must generally file
Form 3115. However, there are instances when
you can obtain automatic consent to change
certain methods of accounting. For more information, see the Instructions for Form 3115.
Also, see Pub. 538.

3.
Farm Income
What’s New for 2021
Coronavirus Food Assistance Program
(CFAP). The CFAP provides direct payments
to producers of eligible agricultural commodities
adversely affected by the coronavirus (COVID–
19) pandemic to help offset sales losses and increased marketing costs associated with the
COVID-19 pandemic. CFAP payments will not
be available after September 30, 2021.
CFAP payments are agricultural program
payments that you must include in gross income. Report the full amount of your CFAP payments on Schedule F (Form 1040), lines 4a and
4b. Go to USDA.gov for more information.

Introduction
You may receive income from many sources.
You must report the income from all the different sources on your tax return, unless it is excluded by law. Where you report the income on
your tax return depends on its source.
This chapter discusses farm income you report on Schedule F (Form 1040), Profit or Loss
From Farming. For information on where to report other income, see the Instructions for
Forms 1040 and 1040-SR, U.S. Individual Income Tax Return.
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 in the year you receive it. See Cash
Method in chapter 2.
If you use an accrual method of accounting,
different rules may apply to your situation. See
Accrual Method in chapter 2.

Topics

This chapter discusses:

•
•
•
•
•
•
•
•

Schedule F (Form 1040)
Sales of farm products
Rents (including crop shares)
Agricultural program payments
Income from cooperatives
Cancellation of debt
Income from other sources
Income averaging for farmers

Useful Items

You may want to see:
Publication
525 Taxable and Nontaxable Income
525

There are special methods of accounting for
certain items of income and expense.

544 Sales and Other Dispositions of
Assets
544

550 Investment Income and Expenses
550

Page 8

Chapter 3

Farm Income

908 Bankruptcy Tax Guide
908

925 Passive Activity and At-Risk Rules
925

4681 Canceled Debts, Foreclosures,
Repossessions, and Abandonments
4681

Form (and Instructions)

Table 3-1. Where To Report Sales of Farm Products
Item Sold

Schedule F*

Farm products raised for sale

X

Farm products bought for resale

X

982 Reduction of Tax Attributes Due to
Discharge of Indebtedness

Farm assets not held primarily for sale, such as
livestock held for draft, breeding, sport, or dairy
purposes (bought or raised), and equipment

Sch E (Form 1040) Supplemental
Income and Loss

* See the Instructions for Schedule F for more information.
** See the Instructions for Form 4797 for more information.

982

Sch E (Form 1040)

Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)

Sch J (Form 1040) Income Averaging for
Farmers and Fishermen
Sch J (Form 1040)

1099-G Certain Government Payments
1099-G

1099–MISC Sale of Consumer Products

Sales of Farm Products
Where to report. Table 3-1 shows where to
report the sale of farm products on your tax return.

1099–MISC

1099–NEC Sale of Consumer Products
1099–NEC

1099-PATR Taxable Distributions
Received From Cooperatives
1099-PATR

4797 Sales of Business Property
4797

4835 Farm Rental Income and
Expenses
4835

See chapter 16 for information about getting
publications and forms.

Schedule F (Form 1040)
Individuals, trusts, partnerships, S corporations,
LLCs taxed as partnerships, and sole members
of a domestic LLC engaged in the business of
farming report farm income on Schedule F
(Form 1040). Use this schedule to figure the net
profit or loss from regular farming operations.

TIP

Corporations use Form 1120 to report
the income or loss from regular farming
operations.

Income from farming reported on Schedule F 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, orchard, or
grove. 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 received from operating a nursery,
which specializes in growing ornamental plants,
is considered to be income from farming.
Income reported on Schedule F doesn't include gains or losses from sales or other dispositions of the following farm assets.
• Land.
• Depreciable farm equipment.
• Buildings and structures.
• Livestock held for draft, breeding, sport, or
dairy purposes.
Gains and losses from most dispositions of
farm assets are discussed in chapters 8 and 9.
Gains and losses from casualties, thefts, and
condemnations are discussed in chapter 11.

Schedule F. Amounts received from the
sales of products you raised on your farm for
sale (or bought for resale), such as livestock,
produce, or grains, are reported on Schedule F.
This includes money and the fair market value
of any property or services you receive. When
you sell farm products bought for resale, your
profit or loss is the difference between your selling price (money plus the fair market value of
any property) and your basis in the item (usually
the cost). See chapter 6 for information on the
basis of assets. You generally report these
amounts on Schedule F for the year you receive
payment.
Example. In 2020, you bought 20 feeder
calves for $20,000 for resale. You sold them in
2021 for $25,000. You report the $25,000 sales
price on Schedule F, line 1a, subtract your
$20,000 basis on line 1b, and report the resulting $5,000 profit on line 1c.
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 not report these sales on Schedule F. Instead, report these sales on Form 4797.
See Livestock under Ordinary or Capital Gain or
Loss in chapter 8. Animals that you don't hold
primarily for sale are considered business assets of your farm.
Sale by agent. If your agent sells your farm
products, you have constructive receipt of the
income when your agent receives payment and
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. For a discussion on constructive receipt of income, see Cash Method
under Accounting Methods in chapter 2.

Sales Caused by
Weather-Related Conditions
If you sell or exchange 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 the additional animals until
the next year. This applies to livestock that are

Form 4797**

X

held for sale (either raised or purchased) as
well as livestock held for draft, breeding, sport,
or dairy purposes. You must meet all the following conditions to qualify.
• Your principal trade or business is farming.
• You use the cash method of accounting.
• You can show that, under your usual business practices, you wouldn't have sold or
exchanged the additional animals this year
except for the weather-related condition.
• The weather-related condition caused an
area to be designated as eligible for assistance by the federal government.
Disaster assistance and emergency

TIP relief for individuals and busi-

nesses. Special tax law provisions
may help taxpayers and businesses recover financially from the impact of a disaster, especially when the federal government declares
their location to be a major disaster area. Get
the latest tax relief guidance in disaster situations at IRS.gov/uac/Tax-Relief-in-DisasterSituations and in disaster area losses-agriculture tax tips at IRS.gov/businesses/SmallBusinesses-Self-Employed/DisasterAssistance-and-Emergency-Relief-forIndividuals-and-Businesses.
Sales or exchanges made before an area
became eligible for federal assistance qualify if
the weather-related condition that caused the
sale or exchange 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 or exchange of

TIP livestock (other than poultry) held for

draft, breeding, or dairy purposes may
be an involuntary conversion. See Other Involuntary Conversions in chapter 11.
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 don't take into account
your sales in any earlier year for which you
postponed the gain. If you haven't 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
doesn't have to be raised or sold in an area affected by a weather-related condition for the
postponement to apply. However, the sale must
Chapter 3

Farm Income

Page 9

occur solely because of a weather-related condition that affected the water, grazing, or other
requirements of the livestock. This requirement
generally won't be met if the costs of feed, water, or other requirements of the livestock affected by the weather-related condition aren't 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. Don’t separate animals into
classes based on age, sex, or breed.
Amount to be postponed. Follow these steps
to figure the amount of gain to be postponed for
each class of animals.
1. 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, don't treat
any postponed gain from the previous
year as income received from the sale of
livestock.
2. Multiply the result in (1) by the excess
number of such livestock sold solely because of weather-related conditions.
Example. You're a calendar year taxpayer
and you normally wean 100 beef calves in the
fall and feed them through the winter, selling in
January or February. As a result of drought, you
decide you don't have enough feed for all of
your calves, so you sell 35 head in the fall at
weaning and plan to sell the remaining 65
calves in January. As a result, you sold 135
head during 2020. You realized $121,500 from
the sale ($121,500 ÷ 135 = $900 per head). On
August 10, 2020, as a result of drought, the affected area was declared a disaster area eligible for federal assistance. The income you can
postpone until 2021 is $31,500 [($121,500 ÷
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're postponing gain.
• A statement that you're postponing gain
under section 451(e).
• 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.
• A statement explaining the relationship of
the area affected by the weather-related
condition to your early sale or exchange of
the livestock.
• The number of animals sold in each of the
3 preceding years.
• 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.
• The total number of animals sold and the
number sold because of weather-related
conditions during the tax year.

Page 10

Chapter 3

Farm Income

• A computation, as described above, of the
income to be postponed for each class of
livestock.

Generally, you must file the statement and
the return by the due date of the return, including extensions. However, for sales or exchanges treated as an involuntary conversion
from weather-related sales of livestock in an
area eligible for federal assistance (discussed
in chapter 11), you can file this statement at any
time during the replacement period. For other
sales or exchanges, 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 by another person or entity is generally
rental income, not farm income. However, the
rent is farm income if:
1. Your arrangement with your tenant provides that the you will materially participate in the production or management of
production of the farm products on the
land, and
2. You materially participate.
See Landlord Participation in Farming in chapter 12.
Pasture income and rental. If you pasture
someone else's livestock and take care of them
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 or
other farm real estate for a flat cash amount
without providing services, report the income as
rent on Schedule E (Form 1040), Part I.

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 doesn't matter whether you use the
cash method of accounting or an accrual
method of accounting.
If you receive rent in the form of crop shares
or livestock, the rental income is included in
self-employment income if:
1. Your arrangement with your tenant provides that the you will materially participate in the production or management of
production of the farm products on the
land, and
2. You materially participate.
See Landlord Participation in Farming in chapter 12. Report the rental income on Schedule F.

Report this income on Form 4835 and carry
the net income or loss to Schedule E (Form
1040), page 2, if:
1. Your arrangement with your tenant doesn’t
provide that you will materially participate
in the production or management of production of the farm products on the land,
or
2. You don't materially participate in operating the farm.
The income isn't 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're 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 or 1040-SR, they
may be necessary to figure your self-employment tax. See Landlord Participation in Farming
and Farm Optional Method in chapter 12.
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. This applies even if the gift is made
to a qualified charitable organization.
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're 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're 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 Pub. 925 for information on these rules.

Agricultural Program
Payments
You must include in income most government
payments, such as those for approved conservation practices, livestock indemnity payments,
or livestock forage disaster 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 if there is a corresponding reduction
in basis of a related improvement. See
Cost-Sharing Exclusion (Improvements), later.
Report the agricultural program payment on
the appropriate line of Schedule F, Part I. 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, Part II, for the year of repayment or
reduction.

Commodity Credit
Corporation (CCC) Loans
Generally, you don't report loans you receive as
income. 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 in the year
you receive them. You don't 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 must generally report all
CCC loans in that year and later years in the
same way. However, you can obtain for your
tax year an automatic consent to change your
method of accounting for loans received from
the CCC, from including the loan amount in
gross income for the tax year in which the loan
is received to treating the loan amount as a
loan. For more information, see Part I of the Instructions for Form 3115 and Revenue Procedure 2008-52. Revenue Procedure 2008-52,
2008-36 I.R.B. 587, is available at
IRS.gov/irb/2008-36_IRB#NOT-2008-52.
You can request income tax withholdTIP ing from CCC loan payments you receive. Use Form W-4V. See chapter 16
for information about ordering the form.
To elect to report a CCC loan as income, include the loan proceeds as income on 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 election, you can still make
the election 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 election, the amount
you report as income becomes your basis in the
commodity. See chapter 6 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
didn't 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. “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 original loan amount is market
gain. Whether you use cash or CCC certificates
to repay the loan, you will receive a Form
1099-G showing the market gain you realized.
Market gain should be reported as follows.
• If you elected to include the CCC loan in
income in the year you received it, don’t include the market gain in income. However,
reduce (adjust) the basis of the commodity
for the amount of the market gain.
• If you didn’t include the CCC loan in income in the year received, include the
market gain in your 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 2020, Mike pledged 1,000 pounds of
cotton as collateral for a CCC loan of $2,000 (a
loan rate of $2.00 per pound). In 2021, he repaid the loan and redeemed the cotton for
$1,500 when the world price was $1.50 per
pound (lower than the loan amount). Later in
2021, he sold the cotton for $2,500.
The market gain on the redemption was
$0.50 ($2.00 – $1.50) per pound. Mike realized
total market gain of $500 ($0.50 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 2020.
Included CCC loan. Mike reported the
$2,000 CCC loan as income for 2020 on
Schedule F, line 5a, so he is treated as if he
sold the cotton for $2,000 when he pledged it
and repurchased the cotton for $1,500 when he
redeemed it. The $500 market gain isn’t recognized on the redemption. He reports it for 2021
as an agricultural program payment on

Schedule F, line 4a, but doesn't include it as a
taxable amount on line 4b.
Mike's basis in the cotton after he redeemed
it was $1,500, which is the redemption (repurchase) price paid for the cotton. His gain
from the sale is $1,000 ($2,500 – $1,500). He
reports the $2,500 sale on line 1a and the
$1,500 basis on line 1b. After subtracting his
basis from the sale, Mike will have a $1,000
gain for 2021 on Schedule F, line 1c.
Excluded CCC loan. Mike didn’t elect to
report the $2,000 CCC loan as income and
therefore didn’t include it on his 2020 Schedule F. When he paid $1,500 to pay off the loan
in 2021, he must recognize $500 of income
from market gain.
Example 2. The facts are the same as in
Example 1, except that, instead of selling the
cotton for $2,500 after redeeming it, Mike entered into an option-to-purchase contract with a
cotton buyer before redeeming the cotton. Under that contract, Mike authorized the cotton
buyer to pay the CCC loan on Mike's behalf. In
2021, the cotton buyer repaid the loan for
$1,500 and immediately exercised his option,
buying the cotton for $1,500. How Mike reports
the $500 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 2020.
Included CCC loan. As in Example 1, Mike
is treated as though he sold the cotton for
$2,000 when he pledged it and repurchased the
cotton for $1,500 when the cotton buyer redeemed it for him. The $500 market gain isn’t
recognized on the redemption. Mike reports it
for 2021 as an agricultural program payment on
Schedule F, line 4a, but doesn't include it as a
taxable amount on line 4b.
Also, as in Example 1, Mike's basis in the
cotton when the cotton buyer redeemed it for
him was $1,500. Mike has no gain or loss on its
sale to the cotton buyer for that amount.
Excluded CCC loan. As in Example 1,
Mike didn't report the $2,000 loan as income in
2020 and must recognize $500 of income from
market gain in 2021.

Conservation Reserve
Program (CRP)
Under the 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 the
appropriate lines of Schedule F. Cost-share
payments you receive may qualify for the
cost-sharing exclusion. See Cost-Sharing Exclusion (Improvements), later. CRP payments
are reported to you on Form 1099-G.
Individuals who are receiving social se-

TIP curity retirement or disability benefits

may exclude CRP payments when calculating self-employment tax. See the Instructions for Schedule SE (Form 1040).

Chapter 3

Farm Income

Page 11

Crop Insurance and Crop
Disaster Payments
You must include in income any crop insurance
proceeds you receive as the result of physical
crop damage or reduction of crop revenue, or
both. 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 withhold-

TIP ing from crop disaster payments you

receive from the federal government.
Use Form W-4V. See chapter 16 for information
about ordering the form.

Election to postpone reporting until the following year. You can postpone reporting
some or all crop insurance proceeds as income
until the year following the year the physical
damage occurred if you meet all the following
conditions.
• You use the cash method of accounting.
• 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.
Proceeds received from revenue insurance
policies may be the result of either yield loss
due to physical damage or to decline in price
from planting to harvest. For these policies, only
the amount of the proceeds received as a result
of yield loss can be deferred. Proceeds received from weather insurance policies cannot
be deferred if the payment is based on rainfall
amounts and is not a result of physical damage
to a crop.
To postpone reporting some or all crop insurance proceeds received in 2021, report the
amount you received on Schedule F, line 6a,
but don't include it as a taxable amount on
line 6b. Check the box on line 6c 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're making an election
under section 451(f) and Regulations section 1.451-6.
• The specific crop or crops physically destroyed or damaged.
• A statement that under your normal business practice you would have included income from some or all of the destroyed or
damaged crops in gross income for a tax
year following the year the crops were destroyed or damaged.
• The cause of the physical destruction or
damage and the date or dates it occurred.
• The total payments you received from insurance carriers, itemized for each specific
crop, and the date you received each payment.
• The name of each insurance carrier from
whom you received payments.

Page 12

Chapter 3

Farm Income

One election covers all crops representing a
single trade or business. If you have more than
one farming business, make a separate election
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 elections
to postpone reporting insurance proceeds you
receive for crops grown on each of your farms.
An election is binding for the year unless the
IRS approves your request to change it. To request IRS approval to change your election,
write to the IRS at the following address, giving
your name, address, identification number, the
year you made the election, 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 CCC.
Include in income:

• The market value of donated feed received,

• 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 can't postpone reporting them under the rules explained
earlier for weather-related sales of livestock or
crop insurance proceeds. Report the benefits
on Schedule F, Part I, 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. However, see Effects
of the exclusion, later. 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.
1. It was for a capital expense. You can't 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 5 for information on deducting soil
and water conservation expenses.
2. It doesn't substantially increase your annual income from the property for which
it's made. An increase in annual income is
substantial if it's more than the greater of
the following amounts.
a. 10% of the average annual income
derived from the affected property before receiving the improvement.
b. $2.50 times the number of affected
acres.
3. 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 part or all of
the 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.
• 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 part
or all of the payments you receive under the following programs for improvements made in
connection with a watershed.
• 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 author-

•

•
•
•
•

•
•
•

ized 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.
The Forest Land Enhancement Program
authorized under the Farm Security and
Rural Investment Act of 2002.
The Conservation Security Program authorized by the Food Security Act of 1985.
The Forest Health Protection Program
(FHPP) authorized by the Cooperative Forestry Assistance Act of 1978.

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 6) 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 hasn't 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.
1. 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. $2.50 times the number of affected acres.

The calculation of present fair market
value of the right to receive annual inCAUTION come 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 NRCS 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 was calculated to be $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
1,550 11,550
portion . . . . . . . .
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
isn't part of your basis. In the example above,
the increase in basis is $500,000 – $490,000 +
$3,450 = $13,450.
In addition, you can't 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're excluding.
Report the total cost-sharing payments you
receive on Schedule F, line 4a, and the taxable
amount on line 4b.
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. In the above example, if the 100 acres
were sold within 20 years of the exclusion for a
gain of $2,000, $1,550 of that amount would be
included in ordinary income. You must report
the recapture on Form 4797. See Section 1255
property under Other Gains in chapter 9.
Electing not to exclude payments. You can
elect not to exclude all or part of any payments
you receive under these programs. If you make

this election for all of these payments, none of
the above restrictions and rules apply. You
must make this election by the due date, including extensions, for filing your return. In the example above, an election not to exclude payments results in $5,000 included in income and
a $15,000 increase in basis. If you timely filed
your return for the year without making the election, you can still make the election 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.

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 4.

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 don't reduce your basis. However,
see Cost-Sharing Exclusion (Improvements),
earlier, for additional information.

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 Schedule F. However,
don't report as a taxable amount any amount
belonging to someone else.
See chapter 16 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
Chapter 3

Farm Income

Page 13

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 if you're required to file the form. For
information on the alternative minimum tax, see
the Instructions for Form 6251.

Patronage Dividends
You generally report patronage dividends as income on Schedule F for the tax year you receive them. They include the following items.
• Money paid as a patronage dividend, including cash advances received (for example, from a marketing cooperative).
• The stated dollar value of qualified written
notices of allocation.
• The fair market value of other property.
Don’t report as income any patronage dividends you receive from expenditures that
weren't deductible, such as buying personal or
family items, capital assets, or depreciable
property. You must reduce the cost or other basis of these items by the amount of such patronage dividends received. Personal items include
fuel purchased for personal use and basic local
telephone service.
If you can't determine what the dividend is
for, report it as income on Schedule F, lines 3a
and 3b.
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 on Schedule F 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.
1. The notice must be redeemable in cash
for at least 90 days after it's issued, and
you must have received a written notice of
your right of redemption at the same time
as the written notice of allocation.
2. 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.
a. Signing and giving a written agreement to the cooperative.
b. 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.
c. 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.
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Chapter 3

Farm Income

Qualified check. A qualified check is any
instrument that's redeemable in money and
meets both of the following requirements.
• It's part of a patronage dividend that also
includes a qualified written notice of allocation for which you met condition 2c above.
• It's 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 on
Schedule F, Part II, 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. Don’t 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, on
Schedule F. However, don't include that
amount in your income if the notice resulted
from buying or selling capital assets or depreciable property or from buying 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.
Buying or selling capital assets or depreciable property. Patronage dividends from buying capital assets or depreciable property used
in your business are not included in income.
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,
reduce the unrecovered basis to zero and include the difference on Schedule F for the tax
year you receive them.
This rule and the exceptions explained below also apply to amounts you receive from the
sale, redemption, or other disposition of a nonqualified notice of allocation that resulted from
buying or selling capital assets or depreciable
property.
Example. On July 1, 2020, Mr. Brown, a
patron of a cooperative association, bought a
used machine for his dairy farm business from
the association for $2,900. The machine has a
life of 7 years under MACRS. Mr. Brown files
his return on a calendar year basis. For 2020,
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
Pub. 946). On July 2, 2021, the cooperative association paid Mr. Brown a $300 cash patronage dividend for buying the machine. Mr. Brown
adjusts the basis of the machine and figures his

depreciation deduction for 2020 (and later
years) as follows.
Cost of machine on July 1, 2020
Minus: 2020 depreciation . . .
2021 cash dividend . .
Adjusted basis for
depreciation for 2021:

. . . . . . . . . .
. . . . .
. . . . .

$311
$300

. . . . . . . . . . .

$2,900
$611
$2,289

Depreciation rate: 1.0 ÷ 61/2 (remaining recovery period
as of 1/1/2021) = (0.1538) × 1.5 = 23.07%
Depreciation deduction for 2021
($2,289 × 0.2307) . . . . . . . . .

. . . . .

$528

Exceptions. If the dividends are for buying
or selling capital assets or depreciable property
you didn't own at any time during the year you
received the dividends, you must include them
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 wasn't or wouldn't have been
deductible, don't 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. Because you can't deduct the cost of personal, living, or family items,
such as supplies, equipment, or services not related to the production of farm income, you can
omit from the taxable amount of patronage dividends on Schedule F any dividends from buying those items (and you must reduce the cost
or other basis of those items by the amount of
the dividends). 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's 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 on Schedule F, for the tax year you receive them.
Nonqualified certificates. Don't 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 on Schedule F, lines 3a
and 3b, 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. For more information on
canceled debt, see Pub. 4681.
Under section 1106 of the CARES Act,

TIP an eligible recipient of a Paycheck Pro-

tection Program loan is eligible for forgiveness of indebtedness for all or a portion of
the stated principal amount of a covered loan if
certain conditions are satisfied (qualifying forgiveness); in addition, the forgiven debt isn’t
taxable. See Announcement 2020-12.

Deductible debt. You don't 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 and the
bankruptcy and insolvency exclusions discussed next.
Example. You get accounting services for
your farm on credit. Later, you have trouble paying your farm debts, but you aren't 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 don't 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
Don't include canceled debt in income in the following situations.
1. The cancellation takes place in a bankruptcy case under title 11 of the U.S.
Code.

General Rule

2. The cancellation takes place when you're
insolvent.

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 Schedule F if you incurred the debt in your
farming business. If the debt is a nonbusiness
debt, report the canceled amount as “Other income” on Schedule 1 (Form 1040), line 8.

3. The canceled debt is a qualified farm debt.

Special rules apply to C and S corporations
and partnerships. See section 108(i), Regulations sections 1.108(i)-0 and 1.108(i)-2, and
Pub. 4681 for details.
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 may 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 your purchase of property was financed by the seller
and the seller reduces the amount of the debt at
a time when you aren't insolvent and the reduction doesn't occur in a chapter 11 bankruptcy
case, the amount of the debt reduction will be
treated as a reduction in the purchase price of
the property. Reduce your basis in the property
by the amount of the reduction in the debt. The
rules that apply to bankruptcy and insolvency
are explained below under Exclusions.

4. The canceled debt is a qualified real property business debt (in the case of a taxpayer other than a C corporation). See
chapter 5 of Pub. 334.
5. The canceled debt is qualified principal
residence indebtedness which is:
a. Discharged before 2021, or
b. Subject to an arrangement that is entered into and evidenced in writing before January 1, 2026.
The exclusions don't apply in the following
situations.
• If a canceled debt is excluded from income
because it takes place in a bankruptcy
case, the exclusions in situations (2), (3),
(4), and (5) don't apply.
• If a canceled debt is excluded from income
because it takes place when you're insolvent, the exclusions in situations (3) and
(4) don't apply to the extent you're insolvent.
• If a canceled debt is excluded from income
because it’s qualified principal residence
indebtedness, the exclusion in situation (2)
doesn't apply unless you elect to apply situation (2) instead of the exclusion for qualified principal residence indebtedness.
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're liable or that attaches to
property you hold.

Bankruptcy and Insolvency
You can exclude a canceled debt from income
if you're bankrupt or to the extent you're insolvent.
Bankruptcy. A bankruptcy case is a case under title 11 of the U.S. Code if you're 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.
Don't include debt canceled in a bankruptcy
case in your income in the year it's canceled. Instead, you must use the amount canceled to reduce your tax attributes, explained below under
Reduction of tax attributes.
Insolvency. You're 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're 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 attributes, as
explained below under Reduction of tax attributes. You must reduce the tax attributes 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 that
wasn't qualified principal residence 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 attributes. If you exclude
canceled debt from income in a bankruptcy
case or during insolvency, you must use the excluded debt to reduce certain tax attributes.
Order of reduction. You must use the excluded canceled debt to reduce the following
tax attributes in the order listed unless you elect
to reduce the basis of depreciable property first,
as explained later.
1. 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.
2. General business credit carryover. Reduce the credit carryover to or from the tax
year of the debt cancellation. Reduce the
carryover 331/3 cents for each dollar of excluded canceled debt.
3. Minimum tax credit. Reduce the minimum tax credit available at the beginning
of the tax year following the tax year of the
Chapter 3

Farm Income

Page 15

debt cancellation. Reduce the credit 331/3
cents for each dollar of excluded canceled
debt.
4. 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.
5. 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.
a. Real property (except inventory) used
in your trade or business or held for
investment that secured the canceled
debt.
b. Personal property (except inventory
and accounts and notes receivable)
used in your trade or business or held
for investment that secured the canceled debt.
c. Other property (except inventory and
accounts and notes receivable) used
in your trade or business or held for
investment.
d. Inventory and accounts and notes receivable.
e. Other property.
Reduce the basis one dollar for each
dollar of excluded canceled debt. However, the reduction can't be more than the
total basis 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 Regulations section 1.1017-1(b)(2).
Also see Electing to reduce the basis of
depreciable property first, later.
6. 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 331/3 cents for each dollar of excluded canceled debt.
7. Foreign tax credit. Reduce the credit
carryover to or from the tax year of the
debt cancellation. Reduce the carryover
331/3 cents for each dollar of excluded
canceled debt.
How to make tax attribute reductions.
Always make the required reductions in tax attributes after figuring your tax for the year of the
debt cancellation. In making the reductions in
(1) and (4) earlier, 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) earlier, 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.

Page 16

Chapter 3

Farm Income

Electing to reduce the basis of depreciable
property first. You can elect 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.
1. Depreciable real property used in your
trade or business or held for investment
that secured the canceled debt.
2. Depreciable personal property used in
your trade or business or held for investment that secured the canceled debt.
3. Other depreciable property used in your
trade or business or held for investment.
4. Real property held as inventory if you elect
to treat it as depreciable property on Form
982.
The amount you apply can't be more than
the total adjusted basis of all the depreciable
properties. 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 attributes listed earlier. If the excluded
canceled debt is more than the depreciable basis you elect to reduce first, use the difference
to reduce the other tax attributes. In figuring the
limit on the basis reduction in (5) under Order of
reduction, earlier, use the remaining adjusted
basis of your properties after making this election.
See Form 982, later, for information on how
to make this election. If you make this election,
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 (either the election to reduce basis first or the basis reduction without that election) 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 isn't 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 9.
More information. For more information on
debt cancellation in bankruptcy proceedings or
during insolvency, see Pub. 908.

Qualified Farm Debt
You can exclude from income a canceled debt
that's 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 doesn't apply to

a canceled debt excluded from income because it relates to your principal residence or 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.
For more information, see Pub. 4681.
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 doesn't include any of the following.
• A person related to you.
• A person from whom you acquired 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 Pub.
925.
Exclusion limit. The amount of canceled
qualified farm debt you can exclude from income is limited. It can't be more than the sum of
your adjusted tax attributes and the total adjusted basis 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 attributes because of the exclusion of canceled
debt from gross income during insolvency.
If the canceled debt is more than this limit,
you must include the difference in gross income.
Adjusted tax attributes. Adjusted tax attributes means the sum of the following items.
1. Any NOL for the tax year of the debt cancellation and any NOL carryover to that
year.
2. Any general business credit carryover to
or from the year of the debt cancellation,
multiplied by 3.
3. Any minimum tax credit available at the
beginning of the tax year following the tax
year of the debt cancellation, multiplied by
3.
4. Any net capital loss for the tax year of the
debt cancellation and any capital loss carryover to that year.
5. Any passive activity loss and credit carryovers from the tax year of the debt cancellation. Any credit carryover is multiplied by
3.
6. Any foreign 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 attributes. If you exclude
canceled debt from income under the qualified
farm debt rules, you must use the excluded
debt to reduce tax attributes. (If you also excluded canceled debt under the insolvency rules,
you reduce the amount of the tax attributes remaining after reduction for the exclusion allowed under the insolvency rules.) You must
generally follow the reduction rules previously
explained under Bankruptcy and Insolvency.
However, don't follow the rules in (5) under Order of reduction, earlier. 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.
1. Depreciable qualified property. You may
elect on Form 982 to treat real property
held as inventory as depreciable property.
2. Land that's qualified property and is used
or held for use in your farming business.
3. Other qualified property.

Form 982
Use Form 982 to show the amounts of canceled
debt excluded from income and the reduction of
tax attributes in the order listed on the form.
Also use it if you're electing to apply the excluded canceled debt to reduce the basis of depreciable property before reducing tax attributes.
You make this election by showing the amount
you elect 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 electing to apply the excluded canceled debt to reduce the basis of depreciable property first, you can still make the election 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're 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 4.
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 Pub.
550 for more information on below-market
loans.
Commodity futures and options. See Hedging in chapter 8 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 Schedule F. If you perform
custom work activities that are more than incidental to your farming business, include the income and expenses from the custom work on
Schedule C.
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.
Income you received for granting a temporary construction easement is rental income.
Report the income as rent on Part I of Schedule E (Form 1040).
Example. You granted a permanent
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.
1. 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.
2. 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 9.
The contract also contained a provision for a
temporary workspace (temporary easement) to
allow for the collection of topsoil and for equipment movement. This temporary easement is
only for the construction period (usually a period of months). The gain is reported on Schedule E and does not affect the basis of the land.

Easement contracts usually describe

TIP the affected land using square feet.

Your basis may be figured per acre.
One acre equals 43,560 square feet.
If construction of the pipeline damaged
growing crops and you later receive a settlement of $250 for this damage, the $250 is income and is included on Schedule F. It doesn't
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 (including excise tax) as an expense that
reduced your income tax. See chapter 14 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 Schedule F,
line 8. You can't 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, line 8. 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.
See chapter 12 for information about prizes
related to 4-H Club or FFA projects. See Pub.
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 8 through
11.
Recapture of section 179 expense deduction. If you took a section 179 expense deduction for property used in your farming business
and at any time during the property's recovery
period you don't use it more than 50% in your
business, you must include part of the deduction in income. See chapter 7 for information on
the section 179 expense deduction and when to
recapture that deduction.
In addition, if the percentage of business
use of listed property (see chapter 7) falls to
50% or less in any tax year during the recovery
period, you must include in income any excess
section 179 expense deduction you took on the
property.

Chapter 3

Farm Income

Page 17

Both of these amounts are farm income.
Use Form 4797, Part IV, to figure how much to
include in income.
Refund or reimbursement. You must generally 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 didn't decrease your income
tax, you don't have to include that part of the reimbursement, refund, or recovery.
Example. A tenant farmer purchased fertilizer for $1,000 in April 2020. He deducted
$1,000 on his 2020 Schedule F and the entire
deduction reduced his tax. The landowner reimbursed him $500 of the cost of the fertilizer in
February 2021. The tenant farmer must include
$500 in income on his 2021 tax return because
the entire deduction decreased his 2020 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 7.
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're 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's ordinary income subject to an allowance for depletion. See chapter 7 for information on depletion
and chapter 8 for the tax treatment of capital
gains.
Timber sales. Timber sales, including sales of
logs, firewood, and pulpwood, are discussed in
chapter 8.
Tree farmers, in the business of tree

TIP farming, may use section 631(a) to

capture favorable income tax treatment
of timber sales and then report the actual cash
sale of timber on Schedule F. Section 2032A
defines sale of trees as farm income (under the
special use valuation for estate tax purposes).
However, land owners who make frequent
sales (for example, two to three within 5 years,
per case law) may use Schedule F to report this
business income.

Page 18

Chapter 3

Farm Income

Income Averaging for
Farmers
If you're engaged in a farming business, you
may be able to average all or some of your farm
income by using income tax rates from the 3
prior years (base years) to calculate the tax on
that income. Income averaging may lower your
income tax liability in a year where farm income
and taxable income are higher compared to one
or more of the 3 prior years. See the Instructions for Schedule J (Form 1040) for the definition of the term “farming business.”
Farmers electing farm income averag-

TIP ing may want to include taxable income

from the fair market value (trade value)
of traded farm assets as electable farm income.
Under the Tax Cuts and Jobs Act, personal
property, such as tractors and equipment, no
longer qualifies for a like-kind exchange and is
now subject to depreciation recapture on the
fair market value of the trade as if cash was exchanged.
Who can use income averaging? You can
use 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, if
you're a shareholder of an S corporation engaged in a farming business, you may treat
compensation received from the corporation
that's attributable to the farming business as
farm income. You don't need to have been engaged in a farming business in any base year.
Corporations, partnerships, S corporations,
estates, and trusts can't use income averaging.

Elected Farm Income (EFI)
EFI is the amount of income from your farming
business that you elect to have taxed at base
year rates. You can designate as EFI any type
of income attributable to your farming business.
However, your EFI can't be more than your taxable income, and any EFI from a net capital
gain attributable to your farming business can't
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
doesn't include gain or loss from the sale or
other disposition of land, or from the sale of development rights, grazing rights, and other similar rights.
Gains or losses from the sale or other disposition of farm property. Gains or losses
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 or losses 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 use tax rates from each base year to compute tax on an equal portion of each type of income. For example, you can't tax all of the capital gains at the rate for capital gains from 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 aren't prohibited from using
income averaging solely because your filing
status isn't the same as your filing status in the
base years. For example, if you're 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 doesn't 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 NOL 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 NOL
in a base year.

Tax for Certain Children Who
Have Unearned Income
If your child was under age 19 (24 if a full-time
student) at the end of the tax year and had unearned income of more than $2,650, this income will be taxed at the same rates as trusts
and estates. For more information, see the Instructions for Form 8615.

Alternative Minimum Tax
(AMT)
You can elect to use income averaging to compute your regular tax liability. However, income
averaging isn't used to determine your regular
tax or tentative minimum tax when figuring your
AMT. Using income averaging may reduce your
total tax even if you owe AMT.
Credit for prior year minimum tax. You may
be able to claim a nonrefundable tax credit if
you owed AMT in a prior year. See the Instructions for Form 8801.

Schedule J
You can use income averaging by filing Schedule J (Form 1040) with your timely filed (including extensions) return for the year. You can also
use 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 hasn't expired
for that election year. You must generally 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.

Instructions for Form 8990, Limitation on Business Interest Expense Under Section 163(j).
Payroll Protection Program (PPP) Loan and
Forgiven Debt Reversal. Generally, you can
deduct expenses that are allocable to a PPP
loan you received that’s later forgiven. For more
information, see Notice 2021-2 available at
https://www.irs.gov/irb/
2021-20_IRB#NOT-2021-2.

Topics

This chapter discusses:

•
•
•
•
•
•

Deductible expenses
Domestic production activities deduction
Capital expenses
Nondeductible expenses
Losses from operating a farm
Not-for-profit farming

Useful Items

You may want to see:

include the reimbursement amount in income.
See Refund or reimbursement under Income
From Other Sources in chapter 3.
Personal and business expenses. Some expenses you pay during the tax year may be part
personal and part business. These may include
expenses for gasoline, oil, fuel, water, rent,
electricity, telephone, automobile upkeep, repairs, insurance, interest, and taxes.
You must allocate these mixed expenses
between their business and personal parts.
Generally, the personal part of these expenses
isn't deductible. The business portion of the expenses is deductible on Schedule F.
Example. You paid $3,600 for electricity
during the tax year. You used 1/3 of the electricity for personal purposes and 2/3 for farming.
Under these circumstances, you can deduct
$2,400 (2/3 of $3,600) of your electricity expense as a farm business expense.
Reasonable allocation. It isn't always
easy to determine the business and nonbusiness parts of an expense. There is no method
of allocation that applies to all mixed expenses.
Any reasonable allocation is acceptable. What
is reasonable depends on the circumstances in
each case.

Publication
463 Travel, Gift, and Car Expenses
463

535 Business Expenses
535

587 Business Use of Your Home
587

925 Passive Activity and At-Risk Rules
925

936 Home Mortgage Interest Deduction

Prepaid Farm Supplies

936

4.

Form (and Instructions)
Sch A (Form 1040) Itemized
Deductions
Sch A (Form 1040)

Farm Business
Expenses

Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)

461 Limitation on Business Losses
461

1045 Application for Tentative Refund
1045

What's New
Temporary meal expense deduction increase for 2021 and 2022. Section 210 of the
Taxpayer Certainty and Disaster Tax Relief Act
of 2020 provides for the temporary allowance of
a 100% business meal deduction for food or
beverages, if provided by a restaurant (including carry-out or delivery), and the expense is
paid or incurred after December 31, 2020, and
before January 1, 2023.
Standard mileage rate. For 2021, the standard mileage rate for the cost of operating your
car, van, pickup, or panel truck for each mile of
business use is 56 cents. See Truck and Car
Expenses, later.

Reminders
Increased business interest expense. The
Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) retroactively increases the
amount of business interest expense that may
be deducted for tax years beginning in 2019
and 2020 by computing the section 163(j) limitation using 50% (instead of 30%) of your adjusted taxable income. The limitation doesn’t apply
to most farms, but for more information, see the

5213 Election To Postpone
Determination as To Whether the
Presumption Applies That an
Activity Is Engaged in for Profit
5213

8903 Domestic Production Activities
Deduction
8903

8990 Limitation on Business Interest
Expense IRC 163(j)
8990

See chapter 16 for information about getting
publications and forms.

Deductible Expenses
The ordinary and necessary costs of operating
a farm for profit are deductible business expenses. “Ordinary” means what most farmers do,
and “necessary” means what is useful and helpful in farming. Schedule F, Part II, lists some
common farm expenses that are typically deductible. This chapter discusses many of these
expenses, as well as others not listed on
Schedule F.
Reimbursed expenses. If the reimbursement
is received in the same year that the expense is
claimed, reduce the expense by the amount of
the reimbursement. If the reimbursement is received in a year after the expense is claimed,

Prepaid farm supplies include the following
items if paid for during the year.
• Feed, seed, fertilizer, and similar farm supplies not used or consumed during the
year, but not including farm supplies that
you would have consumed during the year
if not for a fire, storm, flood, other casualty,
disease, or drought.
• Poultry (including egg-laying hens and
baby chicks) bought for use (or for both
use and resale) in your farm business.
However, include only the amount that
would be deductible in the following year if
you had capitalized the cost and deducted
it ratably over the lesser of 12 months or
the useful life of the poultry.
• Poultry bought for resale and not resold
during the year.
Deduction limit. If you use the cash method of
accounting to report your income and expenses, your deduction for prepaid farm supplies in
the year you pay for them may be limited to
50% of your other deductible farm expenses for
the year (all Schedule F deductions except prepaid farm supplies). This limit doesn't apply if
you meet one of the exceptions described later.
See chapter 2 for a discussion of the Cash
Method of accounting.
If the limit applies, you can deduct the excess cost of farm supplies other than poultry in
the year you use or consume the supplies. The
excess cost of poultry bought for use (or for
both use and resale) in your farm business is
deductible in the year following the year you
pay for it. The excess cost of poultry bought for
resale is deductible in the year you sell or otherwise dispose of that poultry.
Example. During 2021, you bought fertilizer
($40,000), feed ($10,000), and seed ($5,000)

Chapter 4

Farm Business Expenses

Page 19

for use on your farm in the following year. Your
total prepaid farm supplies expense for 2021 is
$55,000. Your other deductible farm expenses
totaled $100,000 for 2021. Therefore, your deduction for prepaid farm supplies can't be more
than $50,000 (50% of $100,000) for 2021. The
excess prepaid farm supplies expense of
$5,000 ($55,000 − $50,000) is deductible in a
later tax year when you use or consume the
supplies. However, the deduction limit doesn't
apply if you qualify for the exceptions listed
next.
Exceptions. This limit on the deduction for
prepaid farm supplies expense doesn't apply if
you are a farm-related taxpayer and either of
the following apply.
1. Your prepaid farm supplies expense is
more than 50% of your other deductible
farm expenses because of a change in
business operations caused by unusual
circumstances.
2. Your total prepaid farm supplies expense
for the preceding 3 tax years is less than
50% of your total other deductible farm expenses for those 3 tax years.
You are a farm-related taxpayer if any of the
following tests apply.
1. Your main home is on a farm.
2. Your principal business is farming.
3. A member of your family meets (1) or (2).
For this purpose, your family includes your
brothers and sisters, half brothers and half sisters, spouse, parents, grandparents, children,
grandchildren, and aunts and uncles and their
children.
Whether or not the deduction limit for
prepaid farm supplies applies, your exCAUTION penses for prepaid livestock feed may
be subject to the rules for advance payment of
livestock feed, discussed next.

!

Prepaid Livestock Feed
If you report your income and expenses under
the cash method of accounting, you can't deduct in the year paid the cost of feed your livestock will consume in a later year unless you
meet all the following tests.
1. The payment is for the purchase of feed
rather than a deposit.
2. The prepayment has a business purpose
and isn't merely for tax avoidance.
3. Deducting the prepayment doesn't result
in a material distortion of your income.
If you meet all three tests, you can deduct
the prepaid feed, subject to the limit on prepaid
farm supplies discussed earlier.
If you fail any of these tests, you can deduct
the prepaid feed only in the year it is consumed.

!

This rule doesn't apply to the purchase
of commodity futures contracts.

CAUTION

Payment for the purchase of feed. Whether
a payment is for the purchase of feed or a dePage 20

Chapter 4

posit depends on the facts and circumstances
in each case. It is for the purchase of feed if you
can show you made it under a binding commitment to accept delivery of a specific quantity of
feed at a fixed price and you aren't entitled, by
contract or business custom, to a refund or repurchase.
The following are some factors that show a
payment is a deposit rather than for the purchase of feed.
• The absence of specific quantity terms.
• The right to a refund of any unapplied payment credit at the end of the contract.
• The seller's treatment of the payment as a
deposit.
• The right to substitute other goods or products for those specified in the contract.
A provision permitting substitution of ingredients to vary the particular feed mix to meet your
livestock's current diet requirements won't suggest a deposit. Further, a price adjustment to
reflect market value at the date of delivery isn't,
by itself, proof of a deposit.
Business purpose. The prepayment has a
business purpose only if you have a reasonable
expectation of receiving some business benefit
from prepaying the cost of livestock feed. The
following are some examples of business benefits.
• Fixing maximum prices and securing an
assured feed supply.
• Securing preferential treatment in anticipation of a feed shortage.
Other factors considered in determining the
existence of a business purpose are whether
the prepayment was a condition imposed by the
seller and whether that condition was meaningful.

Property for services. If you transfer property
to an employee in payment for services, you
can deduct as wages paid the fair market value
of the property on the date of transfer. If the employee pays you anything for the property, deduct as wages the fair market value of the property minus the payment by the employee for the
property.
Treat the wages deducted as an amount received for the property. You may have a gain or
loss to report if the property's adjusted basis on
the date of transfer is different from its fair market value. Any gain or loss has the same character the exchanged property had in your
hands. For more information, see chapter 8.
Child as an employee. You can deduct reasonable wages or other compensation you pay
to your child for doing farmwork if a true employer-employee relationship exists between
you and your child. Include these wages in the
child's income. The child may have to file an income tax return. These wages may also be
subject to social security and Medicare taxes if
your child is age 18 or older. Wages paid to minor children become subject to social security
and Medicare taxes in the month the dependent
child turns 18 years of age. For more information, see Family Employees in chapter 13.
A Form W-2 should be issued to the

TIP child employee.

The fact that your child spends the wages to
buy clothes or other necessities you normally
furnish doesn't prevent you from deducting your
child's wages as a farm expense.
The amount of wages paid to the child
could cause a loss of the dependency
CAUTION exemption depending on how the child
uses the money.

!

No material distortion of income. The following are some factors considered in determining whether deducting prepaid livestock
feed materially distorts income.
• Your customary business practice in conducting your livestock operations.
• The expense in relation to past purchases.
• The time of year you made the purchase.
• The expense in relation to your income for
the year.

Spouse as an employee. You can deduct
reasonable wages or other compensation you
pay to your spouse if a true employer-employee
relationship exists between you and your
spouse. Wages you pay to your spouse are
subject to social security and Medicare taxes.
For more information, see Family Employees in
chapter 13.

Labor Hired

Nondeductible Pay

You can deduct reasonable wages paid for regular farm labor, piecework, contract labor, and
other forms of labor hired to perform your farming operations. You can pay wages in cash or in
noncash items such as inventory, capital assets, or assets used in your business. The cost
of boarding farm labor is a deductible labor
cost. Other deductible costs you incur for farm
labor include health insurance, workers' compensation insurance, and other benefits.
If you must withhold social security, Medicare, and income taxes from your employees'
cash wages, you can still deduct the full amount
of wages before withholding. See chapter 13 for
more information on Employment Taxes. Also,
deduct the employer's share of the social security and Medicare taxes you must pay on your
employees' wages as a farm business expense
on Schedule F, line 29. See Taxes, later.

Farm Business Expenses

You can't deduct wages paid for certain household work, construction work, and maintenance
of your home. However, those wages may be
subject to the employment taxes discussed in
chapter 13.
Household workers. Do not deduct amounts
paid to persons engaged in household work,
except to the extent their services are used in
boarding or otherwise caring for farm laborers.
Construction labor. Do not deduct wages
paid to hired help for the construction of new
buildings or other improvements. These wages
are part of the cost of the building or other improvement. You must capitalize them.
Maintaining your home. If your farm employee spends time maintaining or repairing
your home, the wages and employment taxes

you pay for that work are nondeductible personal expenses. For example, assume you
have a farm employee for the entire tax year
and the employee spends 5% of the time maintaining your home. The employee devotes the
remaining time to work on your farm. You can't
deduct 5% of the wages and employment taxes
you pay for that employee.

Employment Credits
Reduce your deduction for wages by the
amount of any employment credits you claim
such as the work opportunity credit (Form 5884)
and the employee retention credit (Form 943).

Repairs and Maintenance
You can deduct most expenses for the repair
and maintenance of your farm property. Common items of repair and maintenance are repainting, sealing cracks or replacing broken
windows on a farm building, and routine maintenance of trucks, tractors, and other farm machinery. However, expenses for improvements to
depreciable property are generally capital expenditures. Amounts are paid for improvements
if they are for the betterment of your property,
are for a restoration of your property, such as
the replacement of major components and substantial structural parts, or if your expenditures
adapt your property to a new or different use.
For example, if you replace a few shingles on
the barn roof, these expenses are generally deductible as repairs and maintenance. If you replace (not repair) the entire barn roof with a new
roof, then this expense is generally a capital expenditure. For more information, see Capital
Expenses, later.
Under certain conditions, you can elect to
capitalize amounts paid for repair and maintenance. See Regulations section 1.263(a)-3(n)
for more information.

Interest
There may be a limit on the amount you can deduct as farming business interest paid or accrued during the tax year related to your farming
business, such as for farm mortgages and other
farm obligations. However, a small business
taxpayer is not subject to the business interest
expense limitation and is not required to file
Form 8990. A small business taxpayer is a taxpayer that is not a tax shelter (as defined in section 448(d)(3)) and has average annual gross
receipts of $26 million or less for the 3 prior tax
years under the gross receipts test of section
448(c). Gross receipts include the aggregate
gross receipts from all persons treated as a single employer, such as a controlled group of corporations, commonly controlled partnerships or
proprietorships, and affiliated service groups.
The gross receipts test of section 448(c) applies only to corporations and partnerships, but
for purposes of the business interest limitation
the gross receipts test applies to individuals as
if they were corporations or partnerships. Thus,
any individual with a farming trade or business
operating as a sole proprietorship is subject to
the gross receipts test.

Certain businesses subject to the business
interest expense limitation may elect out of the
limitation. Certain farming businesses and
specified agricultural or horticultural cooperatives (as defined in section 199A(g)(4)) qualify
to make an election not to limit business interest
expenses. This is an irrevocable election. If you
make this election, you are required to use the
alternative depreciation system (ADS), discussed later in chapter 7, to depreciate any
farming property with a recovery period of 10
years or more. Also, you are not entitled to the
special depreciation allowance for that property. For an individual with more than one qualifying business, the election is made with respect to each business. If you are required to
limit your business interest expense, the
amount you cannot deduct for the tax year is
generally carried forward to the next tax year.
However, there are special rules for partnership
treatment of disallowed business interest. See
the Instructions for Form 8990 for more information.
Subject to the preceding rules, and assuming other limitations do not apply, you can deduct as a farm business expense interest paid
or accrued during the tax year related to your
farming business, such as for farm mortgages
and other farm obligations.
Cash method. If you use the cash method of
accounting, you can generally deduct interest
paid during the tax year. You can't deduct interest paid with funds received from the original
lender through another loan, advance, or other
arrangement similar to a loan. You can, however, deduct the interest when you start making
payments on the new loan. For more information, see Cash Method in chapter 2.
Prepaid interest. Under the cash method,
you generally can't deduct any interest paid before the year it is due. Interest paid in advance
may be deducted only in the tax year in which it
is due.
Accrual method. If you use an accrual method
of accounting, you can deduct only interest that
has accrued during the tax year. However, you
can't deduct interest owed to a related person
who uses the cash method until payment is
made and the interest is includible in the gross
income of that person. For more information,
see Accrual Method in chapter 2.
Allocation of interest. If you use the proceeds
of a loan for more than one purpose, you must
allocate the interest on that loan to each use.
Allocate the interest to the following categories.
• Trade or business interest.
• Passive activity interest.
• Investment interest.
• Portfolio interest.
• Personal interest.
You generally allocate interest on a loan the
same way you allocate the loan proceeds. You
allocate loan proceeds by tracing disbursements to specific uses.
The easiest way to trace disburse-

TIP ments to specific uses is to keep the

proceeds of a particular loan separate
from any other funds.

Secured loan. The allocation of loan proceeds and the related interest is generally not
affected by the use of property that secures the
loan.
Example. You secure a loan with property
used in your farming business. You use the loan
proceeds to buy a car for personal use. You
must allocate interest expense on the loan to
personal use (purchase of the car) even though
the loan is secured by farm business property.
Allocation period. The period for which a
loan is allocated to a particular use begins on
the date the proceeds are used and ends on the
earlier of the following dates.
• The date the loan is repaid.
• The date the loan is reallocated to another
use.
More information. For more information on interest, see chapter 4 of Pub. 535.

Breeding Fees
You can generally deduct breeding fees as a
farm business expense. However, if the breeder
guarantees live offspring as a result of the
breeding or other veterinary procedure, you
must capitalize these costs as the cost basis of
the offspring. Also, if you use an accrual
method of accounting, you must capitalize
breeding fees and allocate them to the cost basis of the calf, foal, etc. For more information on
who must use an accrual method of accounting,
see Accrual Method Required under Accounting Methods in chapter 2.

Fertilizer and Lime
You can deduct in the year paid or incurred the
cost of fertilizer, lime, and other materials applied to farmland to enrich, neutralize, or condition it if the benefits last a year or less. You can
also deduct the cost of applying these materials
in the year you pay or incur it. However, see
Prepaid Farm Supplies, earlier, for a rule that
may limit your deduction for these materials.
If the benefits of the fertilizer, lime, or other
materials last substantially more than 1 year,
you generally capitalize their cost and deduct a
part each year the benefits last. However, you
can choose to deduct these expenses in the
year paid or incurred. If you make this choice,
you will need IRS approval if you later decide to
capitalize the cost of previously deducted items.
If you sell farmland on which fertilizer or lime
has been applied and if the selling price of the
land includes part or all of the cost of the fertilizer or lime, you report the sale amount attributable to the fertilizer or lime as ordinary income.
See section 180 for more information.
Farmland, for these purposes, is land used
for producing crops, fruits, or other agricultural
products or for sustaining livestock. It doesn't
include land you have never used previously for
producing crops or sustaining livestock. You
can't deduct initial land preparation costs. (See
Capital Expenses, later.)
Include government payments you receive
for lime or fertilizer in income. See Fertilizer and

Chapter 4

Farm Business Expenses

Page 21

Lime under Agricultural Program Payments in
chapter 3.

Taxes
You can deduct as a farm business expense
the real estate and personal property taxes on
farm business assets, such as farm equipment,
animals, farmland, and farm buildings. You can
also deduct the social security and Medicare
taxes you pay to match the amount withheld
from the wages of farm employees and any federal unemployment tax you pay. For information
on employment taxes, see chapter 13.
Allocation of taxes. The taxes on the part of
your farm you use as your home (including the
furnishings and surrounding land not used for
farming) are nonbusiness taxes. You may be
able to deduct these nonbusiness taxes as
itemized deductions on Schedule A (Form
1040). To determine the nonbusiness part, allocate the taxes between the farm assets and
nonbusiness assets. The allocation can be
done from the assessed valuations. If your tax
statement doesn't show the assessed valuations, you can usually get them from the tax assessor.
State and local general sales taxes. State
and local general sales taxes on nondepreciable farm business expense items are deductible
as part of the cost of those items. Include state
and local general sales taxes imposed on the
purchase of assets for use in your farm business as part of the cost you depreciate. Also
treat the taxes as part of your cost if they are imposed on the seller and passed on to you.
State and federal income taxes. Individuals
can't deduct state and federal income taxes as
farm business expenses. Individuals can deduct state and local income taxes only as an
itemized deduction on Schedule A (Form 1040).
For tax years after 2017 and before 2026, the
Schedule A (Form 1040) deduction for combined state and local income and property
taxes is limited to $10,000 ($5,000 if married filing separately). However, you can't deduct federal income tax.
Highway use tax. You can deduct the federal
use tax on highway motor vehicles paid on a
truck or truck tractor used in your farm business. For information on the tax itself, including
information on vehicles subject to the tax, see
the Instructions for Form 2290.
Self-employment tax. You cannot deduct the
self-employment tax you pay as a farm business expense. However, you can deduct as an
adjustment to income on Schedule 1 (Form
1040), line 15, one-half of your self-employment
tax in figuring your adjusted gross income. For
more information, see chapter 12.

Insurance
You can generally deduct the ordinary and necessary cost of insurance for your farm business

Page 22

Chapter 4

as a business expense. This includes premiums
you pay for the following types of insurance.
• Fire, storm, crop, theft, liability, and other
insurance on farm business assets.
• Health and accident insurance on your
farm employees.
• Workers' compensation insurance set by
state law that covers any claims for job-related bodily injuries or diseases suffered
by employees on your farm, regardless of
fault.
• Business interruption insurance.
• State unemployment insurance on your
farm employees (deductible as taxes if
they are considered taxes under state
law).
Insurance to secure a loan. If you take out a
policy on your life or on the life of another person with a financial interest in your farm business to get or protect a business loan, you can't
deduct the premiums as a business expense. In
the event of death, the proceeds of the policy
aren't taxed as income even if they are used to
liquidate the debt.
Advance premiums. Deduct advance payments of insurance premiums only in the year to
which they apply, regardless of your accounting
method.
Example. On June 29, 2021, you paid a
premium of $3,000 for fire insurance on your
barn. The policy will cover a period of 3 years
beginning on July 1, 2021. Only the cost for the
6 months in 2021 is deductible as an insurance
expense on your 2021 calendar year tax return.
Deduct $500, which is the premium for 6
months of the 36-month premium period, or 6/36
of $3,000. In both 2022 and 2023, deduct
$1,000 (12/36 of $3,000). Deduct the remaining
$500 in 2023. Had the policy been effective on
January 1, 2021, the deductible expense would
have been $1,000 for each of the years 2021,
2022, and 2023, based on one-third of the premium used each year.
Business interruption insurance. Use and
occupancy and business interruption insurance
premiums are deductible as a business expense. This insurance pays for lost profits if
your business is shut down due to a fire or other
cause. Report any proceeds in full on Schedule F, Part I.
Self-employed health insurance deduction.
If you are self-employed, you can deduct as an
adjustment to income on Schedule 1 (Form
1040) your payments for medical, dental, and
qualified long-term care insurance coverage for
yourself (including Medicare premiums), your
spouse, and your dependents when figuring
your adjusted gross income on your Schedule 1
(Form 1040). The insurance can also cover any
child of yours under age 27 at the end of 2021,
even if the child was not your dependent. Generally, this deduction can't be more than the net
profit from the business under which the plan
was established.
If you or your spouse is also an employee of
another person, you can't take the deduction for
any month in which you are eligible to participate in a subsidized health plan maintained by
your employer or your spouse's employer.

Farm Business Expenses

Generally, use the Self-Employed Health Insurance Deduction Worksheet in the Instructions for Schedule 1 (Form 1040) to figure your
deduction. Include the remaining part of the insurance payment in your medical expenses on
Schedule A (Form 1040) if you itemize your deductions.
For more information, see Deductible Premiums in chapter 6 of Pub. 535.

Rent and Leasing
If you lease property for use in your farm business, you can generally deduct the rent you pay
on Schedule F. However, you can't deduct rent
you pay in crop shares if you deduct the cost of
raising the crops as farm expenses.
Advance payments. Deduct advance payments of rent only in the year to which they apply, regardless of your accounting method.
Farm home. If you rent a farm, don't deduct
the part of the rental expense that represents
the fair rental value of the farm home in which
you live.

Lease or Purchase
If you lease a farm building or equipment, you
must determine whether or not the agreement
must be treated as a conditional sales contract
rather than a lease. If the agreement is treated
as a conditional sales contract, the payments
under the agreement (so far as they don't represent interest or other charges) are payments for
the purchase of the property. Do not deduct
these payments as rent, but capitalize the cost
of the property and recover this cost through
depreciation.
Conditional sales contract. Whether an
agreement is a conditional sales contract depends on the intent of the parties. Determine
intent based on the provisions of the agreement
and the facts and circumstances that exist
when you make the agreement. No single test,
or special combination of tests, always applies.
However, in general, an agreement may be
considered a conditional sales contract rather
than a lease if any of the following is true.
• The agreement applies part of each payment toward an equity interest you will receive.
• You get title to the property after you make
a stated amount of required payments.
• The amount you must pay to use the property for a short time is a large part of the
amount you would pay to get title to the
property.
• You pay much more than the current fair
rental value of the property.
• You have an option to buy the property at a
nominal price compared to the value of the
property when you may exercise the option. Determine this value when you make
the agreement.
• You have an option to buy the property at a
nominal price compared to the total
amount you have to pay under the agreement.

• The agreement designates part of the payments as interest, or part of the payments
can be easily recognized as interest.

Example. You lease new farm equipment
from a dealer who both sells and leases. The
agreement includes an option to purchase the
equipment for a specified price. The lease payments and the specified option price equal the
sales price of the equipment plus interest. Under the agreement, you are responsible for
maintenance, repairs, and the risk of loss. For
federal income tax purposes, the agreement is
a conditional sales contract. You can't deduct
any of the lease payments as rent. You can deduct interest, repairs, insurance, depreciation,
and other expenses related to the equipment.
Motor vehicle leases. Special rules apply to
lease agreements that have a terminal rental
adjustment clause. In general, this is a clause
that provides for a rental price adjustment
based on the amount the lessor is able to sell
the vehicle for at the end of the lease. If your
rental agreement contains a terminal rental adjustment clause, treat the agreement as a lease
if the agreement otherwise qualifies as a lease.
For more information, see section 7701(h).
Leveraged leases. Special rules apply to
leveraged leases of equipment (arrangements
in which the equipment is financed by a nonrecourse loan from a third party). For more information, see chapter 3 of Pub. 535, and Revenue Procedure 2001-28, which begins on
page 1156 of Internal Revenue Bulletin 2001-19
at IRS.gov/pub/irs-irbs/irb01-19.pdf.

Depreciation
If property you acquire to use in your farm business is expected to last more than 1 year, you
generally can't deduct the entire cost in the year
you acquire it. You must recover the cost over
more than 1 year and deduct part of it each year
on Schedule F as depreciation or amortization.
However, you can choose to deduct part or all
of the cost of certain qualifying property, up to a
limit, as a section 179 deduction or special depreciation in the year you place it in service.
Depreciation, amortization, and the section
179 deduction are discussed in chapter 7.

Business Use of Your Home
You can deduct expenses for the business use
of your home if you use part of your home exclusively and regularly:
• As the principal place of business for any
trade or business in which you engage;
• As a place to meet or deal with patients,
clients, or customers in the normal course
of your trade or business; or
• In connection with your trade or business,
if you are using a separate structure that
isn't attached to your home.
Your home office will qualify as your principal place of business for deducting expenses
for its use if you meet both of the following requirements.
• You use it exclusively and regularly for the
administrative or management activities of
your trade or business.

• You have no other fixed location where

you conduct substantial administrative or
management activities of your trade or
business.

If you use part of your home for business,
you must divide the expenses of operating your
home between personal and business use.
The IRS now provides a simplified method
to determine your expenses for business use of
your home. For more information, see Pub. 587.
Deduction limit. If your gross income from
farming equals or exceeds your total farm expenses (including expenses for the business
use of your home), you can deduct all your farm
expenses. But if your gross income from farming is less than your total farm expenses, your
deduction for certain expenses for the use of
your home in your farming business is limited.
Your deduction for otherwise nondeductible
expenses, such as utilities, insurance, and depreciation (with depreciation taken last), can't
be more than the gross income from farming
minus the following expenses.
• The business part of expenses you could
deduct even if you didn't use your home for
business (such as deductible mortgage interest, real estate taxes, and casualty and
theft losses).
• Farm expenses other than expenses that
relate to the use of your home. If you are
self-employed, don't include your deduction for half of your self-employment tax.
Deductions over the current year's limit can
be carried over to your next tax year. They are
subject to the deduction limit for the next tax
year.
More information. See Pub. 587 for more information on deducting expenses for the business use of your home.
Telephone expense. You can't deduct the
cost of basic local telephone service (including
any taxes) for the first telephone line you have
in your home, even if you have an office in your
home. However, charges for business long-distance phone calls on that line, as well as the
cost of a second line into your home used exclusively for your farm business, are deductible
business expenses. Cell phone charges for
calls relating to your farm business are deductible. If the cell phone you use for your farm business is part of a family cell phone plan, you
must allocate and deduct only the portion of the
charges attributable to farm business calls.

Truck and Car Expenses
You can deduct the actual cost of operating a
truck or car in your farm business. Only expenses for business use are deductible. These include such items as gasoline, oil, repairs, license tags, insurance, and depreciation
(subject to certain limits).
Standard mileage rate. Instead of using actual costs, under certain conditions you can use
the standard mileage rate. The standard mileage rate for each mile of business use is 56
cents in 2021. You can use the standard mileage rate for a car or a light truck, such as a van,
pickup, or SUV, you own or lease.

You can't use the standard mileage rate if
you operate five or more cars or light trucks at
the same time. You aren't using five or more vehicles at the same time if you alternate using
the vehicles (you use them at different times)
for business.
Example. Maureen owns a car and four
pickup trucks that are used in her farm business. Her farm employees use the trucks and
she uses the car for business. Maureen can't
use the standard mileage rate for the car or the
trucks. This is because all five vehicles are
used in Maureen's farm business at the same
time. She must use actual expenses for all vehicles.
Business use percentage. You can claim
75% of the use of a car or light truck as business use without any allocation records if you
used the vehicle during most of the normal business day directly in connection with the business of farming. You choose this method of
substantiating business use the first year the
vehicle is placed in service. Once you make this
choice, you may not change to another method
later. The following are uses directly connected
with the business of farming.
• Cultivating land.
• Raising or harvesting any agricultural or
horticultural commodity.
• Raising, shearing, feeding, caring for,
training, and managing animals.
• Driving to the feed or supply store.
If you keep records and they show that your
business use was more than 75%, you may be
able to claim more. See Recordkeeping requirements under Travel Expenses, later.
More information. For more information on
deductible truck and car expenses and disposition of truck or car in reference, see chapter 4 of
Pub. 463. If you pay your employees for the use
of their truck or car in your farm business, see
Reimbursements to employees under Travel
Expenses next.

Travel Expenses
You can deduct ordinary and necessary expenses you incur while traveling away from home
for your farm business. You can't deduct lavish
or extravagant expenses. Usually, the location
of your farm business is considered your home
for tax purposes. You are traveling away from
home if:
• Your duties require you to be absent from
your farm substantially longer than an ordinary workday, and
• You need to get sleep or rest to meet the
demands of your work while away from
home.
If you meet these requirements and can
prove the time, place, and business purpose of
your travel, you can deduct your ordinary and
necessary travel expenses.
The following are some types of deductible
travel expenses.
• Air, rail, bus, and car transportation.
• Meals and lodging.
• Dry cleaning and laundry.
• Telephone and fax.

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Farm Business Expenses

Page 23

• Transportation between your hotel and

your temporary work or business meeting
location.
• Tips for any of the above expenses.
Meals. You can ordinarily deduct only 50% of
your nonentertainment business-related meal
expenses. You can deduct the cost of your
meals while traveling on business only if your
business trip is overnight or long enough to require you to stop for sleep or rest to properly
perform your duties. You can't deduct any of the
cost of meals if it isn't necessary for you to rest.
For information on entertainment expenses, see
chapter 2 of Pub. 463.
The expense of a meal includes amounts
you spend for your food, beverages, taxes, and
tips relating to the meal. You can deduct either
50% of the actual cost or 50% of a standard
meal allowance that covers your daily meal and
incidental expenses.
Temporary meal expenses deduction increase. Section 210 of the Taxpayer Certainty
and Disaster Tax Relief Act of 2020 provides for
the temporary allowance of a 100% business
meal deduction for food or beverages, if provided by a restaurant (including carry-out or delivery), and the expense is paid or incurred after
December 31, 2020, and before January 1,
2023.
Note. No deduction is allowed for certain
entertainment expenses, membership dues,
and facilities used in connection with these activities for amounts paid or incurred after December 31, 2017. See section 274, as amended by the Tax Cuts and Jobs Act, section
13304.
Recordkeeping requirements. You
must be able to prove your deductions
RECORDS for travel by adequate records or other
evidence that will support your own statement.
Estimates or approximations don't qualify as
proof of an expense.
You should keep an account book or similar
record, supported by adequate documentary
evidence, such as receipts, that together support each element of an expense. Generally, it
is best to record the expense and get documentation of it at the time you pay it.
If you choose to deduct a standard meal allowance rather than the actual expense, you
don't have to keep records to prove amounts
spent for meals and incidental items. However,
you must still keep records to prove the actual
amount of other travel expenses, and the time,
place, and business purpose of your travel.
More information. For detailed information on
travel, recordkeeping, and the standard meal allowance, see Pub. 463.
Reimbursements to employees. You can
generally deduct reimbursements you pay to
your employees for travel and transportation expenses they incur in the conduct of your business. Employees may be reimbursed under an
accountable or nonaccountable plan. Under an
accountable plan, the employee must provide
evidence of expenses. Under a nonaccountable
plan, no evidence of expenses is required. If
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Chapter 4

you reimburse expenses under an accountable
plan, deduct them as travel and transportation
expenses. If you reimburse expenses under a
nonaccountable plan, you must report the reimbursements as wages on Form W-2 and deduct
them as wages. For more information, see
chapter 11 of Pub. 535.

Marketing Quota Penalties
You can deduct as Other expenses on Schedule F penalties you pay for marketing crops in
excess of farm marketing quotas. However, if
you don't pay the penalty, but instead the purchaser of your crop deducts it from the payment
to you, include in gross income only the amount
you received. Do not take a separate deduction
for the penalty.

Tenant House Expenses
You can deduct the costs of maintaining houses
and their furnishings for tenants or hired help as
farm business expenses. These costs include
repairs, utilities, insurance, and depreciation.
The value of a dwelling you furnish to a tenant under the usual tenant-farmer arrangement
isn't taxable income to the tenant.

Items Purchased for Resale
If you use the cash method of accounting, you
ordinarily deduct the cost of livestock and other
items purchased for resale only in the year of
sale. You deduct this cost, including freight
charges for transporting the livestock to the
farm, on Schedule F, Part I. However, see
Chickens, seeds, and young plants below.
Example. You use the cash method of accounting. In 2021, you buy 50 steers you will
sell in 2022. You can't deduct the cost of the
steers on your 2021 tax return. You deduct their
cost on your 2022 Schedule F, Part I.
Chickens, seeds, and young plants. If you
are a cash method farmer, you can deduct the
cost of hens and baby chicks bought for commercial egg production, or for raising and resale, as an expense on Schedule F, Part I, in
the year paid if you do it consistently and it
doesn't distort income. You can also deduct the
cost of seeds and young plants bought for further development and cultivation before sale as
an expense on Schedule F, Part I, when paid if
you do this consistently and you don't figure
your income on the crop method. However, see
Prepaid Farm Supplies, earlier, for a rule that
may limit your deduction for these items.
If you deduct the cost of chickens, seeds,
and young plants as an expense, report their
entire selling price as income. You also can't
deduct the cost from the selling price.
You can't deduct the cost of seeds and
young plants for Christmas trees and timber as
an expense. Deduct the cost of these seeds
and plants through depletion allowances. For
more information, see Depletion in chapter 7.
The cost of chickens and plants used as
food for your family is never deductible.
Capitalize the cost of plants with a preproductive period of more than 2 years, unless you

Farm Business Expenses

can elect out of the uniform capitalization rules.
These rules are discussed in chapter 6.
Example. You use the cash method of accounting. In 2021, you buy 500 baby chicks to
raise for resale in 2022. You also buy 50 bushels of winter wheat seed in 2021 that you sow in
the fall. Unless you previously adopted the
method of deducting these costs in the year you
sell the chickens or the harvested crops, you
can deduct the cost of both the baby chicks and
the seed wheat in 2021.
Election to use crop method. If you use
the crop method, you can delay deducting the
cost of seeds and young plants until you sell
them. You must get IRS approval to use the
crop method. If you follow this method, deduct
the cost from the selling price to determine your
profit on Schedule F, Part I. For more information, see Crop method under Special Methods
of Accounting in chapter 2.
Choosing a method. You can adopt either
the crop method or the cash method for deducting the cost in the first year you buy egg-laying
hens, pullets, chicks, or seeds and young
plants.
Although you must use the same method for
egg-laying hens, pullets, and chicks, you can
use a different method for seeds and young
plants. Once you use a particular method for
any of these items, use it for those items until
you get IRS approval to change your method.
For more information, see Change in Accounting Method in chapter 2.

Other Expenses
The following list, while not all-inclusive, shows
some expenses you can deduct as other farm
expenses on Schedule F, Part II. These expenses must be for business purposes and
(1) paid, if you use the cash method of accounting; or (2) incurred, if you use an accrual
method of accounting.
• Accounting fees.
• Advertising.
• Business travel and meals.
• Commissions.
• Consultant fees.
• Crop scouting expenses.
• Dues to cooperatives.
• Educational expenses (to maintain and improve farming skills).
• Farm-related attorney fees.
• Farm magazines.
• Ginning.
• Insect sprays and dusts.
• Litter and bedding.
• Livestock fees.
• Marketing fees.
• Milk assessment.
• Recordkeeping expenses.
• Service charges.
• Small tools expected to last 1 year or less.
• Stamps and stationery.
• Subscriptions to professional, technical,
and trade journals that deal with farming.
• Tying material and containers.
• Utilities and Internet
De minimis safe harbor for tangible property. If you elected to use the de minimis safe

harbor for tangible property for the tax year, you
can deduct as a farm business expense on
Schedule F amounts paid for tangible property
qualifying under the de minimis safe harbor. For
more information, see Capital Expenses, later.
Loan expenses. You prorate and deduct loan
expenses, such as legal fees and commissions,
you pay to get a farm loan over the term of the
loan.
Tax preparation fees. You can deduct as a
farm business expense on Schedule F the cost
of preparing that part of your tax return relating
to your farm business.
You can also deduct on Schedule F the
amount you pay or incur in resolving tax issues
relating to your farm business.

Capital Expenses
A capital expense is payment, or debt incurred,
for the acquisition, production, or improvement
of a unit of property. You include the expense in
the basis of the asset. Uniform capitalization
rules also require you to capitalize or include in
inventory certain other expenses. See chapters
2 and 6 for more information.
Capital expenses are generally not deductible, but they may be depreciable. However, you
can elect to deduct certain capital expenses,
such as the following.
• The cost of fertilizer, lime, etc. (See Fertilizer and Lime under Deductible Expenses,
earlier.)
• Soil and water conservation expenses.
(See chapter 5.)
• The cost of property that qualifies for a deduction under section 179. (See chapter 7.)
• Business start-up costs. (See Business
start-up and organizational costs, later.)
• Forestation and reforestation costs. (See
Forestation and reforestation costs, later.)
Generally, the costs of the following items,
including the costs of material, hired labor, and
installation, are capital expenses.
1. Land and buildings.
2. Additions, alterations, and improvements
to buildings, etc.
3. Cars and trucks.
4. Equipment and machinery.
5. Fences.
6. Draft, breeding, sport, and dairy livestock.
7. Repairs to machinery, equipment, trucks,
and cars that prolong their useful life, increase their value, or adapt them to different use.
8. Water wells, including drilling and equipping costs.
9. Land preparation costs, such as:
a. Clearing land for farming;
b. Leveling and conditioning land;
c. Purchasing and planting trees;
d. Building irrigation canals and ditches;

e. Laying irrigation pipes;

a. Girdling,

f. Installing drain tile;

b. Applying herbicide,

g. Modifying channels or streams;

c. Baiting rodents, and

h. Constructing earthen, masonry, or
concrete tanks, reservoirs, or dams;
and
i. Building roads.
Business start-up and organizational costs.
You can elect to deduct up to $5,000 of business start-up costs and $5,000 of organizational costs paid or incurred after October 22,
2004. The $5,000 deduction is reduced by the
amount your total start-up or organizational
costs exceed $50,000. Any remaining costs
must be amortized. See chapter 7 for more information.
You elect to deduct start-up or organizational costs by claiming the deduction on the income tax return filed by the due date (including
extensions) for the tax year in which the active
trade or business begins. However, if you timely
filed your return for the year without making the
election, you can still make the election by filing
an amended return within 6 months of the due
date of the return (excluding extensions).
Clearly indicate the election on your 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. The election applies
when figuring taxable income for the current tax
year and all subsequent years.
You can choose to forgo the election by
clearly electing to capitalize your start-up or organizational costs on an income tax return filed
by the due date (including extensions) for the
tax year in which the active trade or business
begins. For more information about start-up and
organizational costs, see chapter 7.
Exception for tangible real and personal
property under the de minimis safe harbor.
If you elect the de minimis safe harbor for your
farming business for the tax year, you’re not required to capitalize the de minimis costs of acquiring or producing certain real and tangible
personal property and may deduct these
amounts as farm expenses on Schedule F. For
more information on electing and using the de
minimis safe harbor, see chapter 1 of Pub. 535.
Crop production expenses. The uniform
capitalization rules generally require you to capitalize expenses incurred in producing plants.
However, except for certain taxpayers required
to use an accrual method of accounting, the
capitalization rules don't apply to plants with a
preproductive period of 2 years or less. For
more information, see Uniform Capitalization
Rules in chapter 6.
Timber. Capitalize the cost of acquiring timber.
Do not include the cost of land in the cost of the
timber. You must generally capitalize direct
costs incurred in reforestation. However, you
can elect to deduct some forestation and reforestation costs. See Forestation and reforestation costs next. Reforestation costs include the
following.

d. Clearing and controlling brush.
2. The cost of seed or seedlings.
3. Labor and tool expenses.
4. Depreciation on equipment used in planting or seeding.
5. Costs incurred in replanting to replace lost
seedlings.
You can choose to capitalize certain indirect reforestation costs.
These capitalized amounts are your basis
for the timber. Recover your basis when you
sell the timber or take depletion allowances
when you cut the timber. See Depletion in chapter 7.
Forestation and reforestation costs. You
can elect to deduct up to $10,000 ($5,000 if
married filing separately; $0 for a trust) of qualifying reforestation costs paid or incurred after
October 22, 2004, for each qualified timber
property. Any remaining costs can be amortized
over an 84-month period. See chapter 7. If you
make an election to deduct or amortize qualifying reforestation costs, you should create and
maintain separate timber accounts for each
qualified timber property. The accounts should
include all reforestation treatments and the
dates they were applied. Any qualified timber
property that is subject to the deduction or amortization election can't be included in any other
timber account for which depletion is allowed.
The timber account should be maintained until
the timber is disposed of. For more information,
see Notice 2006-47, 2006-20 I.R.B. 892, available at IRS.gov/irb/2006-20_IRB/ar11.html.
You elect to deduct forestation and reforestation costs by claiming the deduction on the income tax return filed by the due date (including
extensions) for the tax year in which the expenses were paid or incurred. If you are filing Form
T (Timber), Forest Activities Schedule, also
complete Form T (Timber), Part IV. If you aren't
filing Form T (Timber), attach a statement to
your return with the following information.
• The unique stand identification numbers.
• The total number of acres reforested during the tax year.
• The nature of the reforestation treatments.
• The total amounts of the qualified reforestation expenditures eligible to be amortized
or deducted.
However, if you timely filed your return for
the year without making the election, you can
still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). Clearly indicate the
election on your 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.
For more information about forestation and
reforestation costs, see chapter 7.

1. Site preparation costs, such as:
Chapter 4

Farm Business Expenses

Page 25

For more information about timber, see
the National Timber Organization, and
the Agriculture Handbook Number 731,
Forest Landowners' Guide to the Federal Income Tax. You can find this publication online
at www.fs.fed.us/publications.
Christmas tree cultivation. If you are in the
business of planting and cultivating Christmas
trees to sell when they are more than 6 years
old, capitalize expenses incurred for planting
and stump culture and add them to the basis of
the standing trees. Recover these expenses as
part of your adjusted basis when you sell the
standing trees or as depletion allowances when
you cut the trees. For more information, see
Timber Depletion under Depletion in chapter 7.
You can deduct as business expenses the
costs incurred for shearing and basal pruning of
these trees. Expenses incurred for silviculture
practices, such as weeding or cleaning, and
noncommercial thinning are also deductible as
business expenses.
Capitalize the cost of land improvements,
such as road grading, ditching, and fire breaks,
that have a useful life beyond the tax year. If the
improvements don't have a determinable useful
life, add their cost to the basis of the land. The
cost is recovered when you sell or otherwise
dispose of it. If the improvements have a determinable useful life, recover their cost through
depreciation. Capitalize the cost of equipment
and other depreciable assets, such as culverts
and fences, to the extent you don't use them in
planting Christmas trees. Recover these costs
through depreciation.

Nondeductible
Expenses
You can't deduct personal expenses and certain other items on your tax return even if they
relate to your farm.

Personal, Living, and Family
Expenses
You can't deduct certain personal, living, and
family expenses as business expenses. These
include rent and insurance premiums paid on
property used as your home; life insurance premiums on yourself or your family; the cost of
maintaining cars, trucks, or horses for personal
use; allowances to minor children; attorneys'
fees and legal expenses incurred in personal
matters; and household expenses. Likewise,
the cost of purchasing or raising produce or
livestock consumed by you or your family isn't
deductible.

Other Nondeductible Items
You can't deduct the following items on your tax
return.
Loss of growing plants, produce, and
crops. Losses of plants, produce, and crops
raised for sale are generally not deductible.
However, you may have a deductible loss on

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Chapter 4

plants with a preproductive period of more than
2 years. See chapter 11 for more information.
Repayment of loans. You can't deduct the repayment of a loan. However, if you use the proceeds of a loan for farm business expenses,
you can deduct the interest on the loan. See Interest, earlier.
Estate, inheritance, legacy, succession,
and gift taxes. You can't deduct estate, inheritance, legacy, succession, and gift taxes.
Loss of livestock. You can't deduct as a loss
the value of raised livestock that die if you deducted the cost of raising them as an expense.
Losses from sales or exchanges between
related persons. You can't deduct losses from
sales or exchanges of property between you
and certain related persons, including your
spouse, brother, sister, ancestor, or lineal descendant. For more information, see chapter 2
of Pub. 544.
Cost of raising unharvested crops. You
can't deduct the cost of raising unharvested
crops sold with land owned more than 1 year if
you sell both at the same time and to the same
person. Add these costs to the basis of the land
to determine the gain or loss on the sale. For
more information, see Section 1231 Gains and
Losses in chapter 9.
Cost of unharvested crops bought with
land. Capitalize the purchase price of land, including the cost allocable to unharvested crops.
You can't deduct the cost of the crops at the
time of purchase. However, you can deduct this
cost in figuring net profit or loss in the tax year
you sell the crops.
Cost related to gifts. You can't deduct costs
related to your gifts of agricultural products or
property held for sale in the ordinary course of
your business. The costs aren't deductible in
the year of the gift or any later year. For example, you can't deduct the cost of raising cattle or
the cost of planting and raising unharvested
wheat on parcels of land given as a gift to your
children.
Club dues and membership fees. Generally,
you can't deduct amounts you pay or incur for
membership in any club organized for business,
pleasure, recreation, or any other social purpose. This includes country clubs, golf and athletic clubs, hotel clubs, sporting clubs, airline
clubs, and clubs operated to provide meals under circumstances generally considered to be
conducive to business discussions.
Exception. The following organizations
won't be treated as a club organized for business, pleasure, recreation, or other social purposes, unless one of its main purposes is to
conduct entertainment activities for members or
their guests or to provide members or their
guests with access to entertainment facilities.
• Boards of trade.
• Business leagues.
• Chambers of commerce.
• Civic or public service organizations.
• Professional associations.
• Trade associations.

Farm Business Expenses

• Real estate boards.
Fines and penalties. Generally, no deduction
is allowed for fines and penalties paid to a government or specified nongovernmental entity for
the violation of any law except:
• Amounts that constitute restitution,
• Amount paid to come into compliance with
the law,
• Amounts paid or incurred as the result of
certain court orders in which no government or specified non-governmental
agency is a party, and
• Amounts paid or incurred for taxes due.
On or after December 22, 2017, no deduction is allowed for the restitution amount or
amount paid to come into compliance with the
law unless the amounts are specifically identified in the settlement agreement or court order.
Also, any amount paid or incurred as reimbursement to the government for the costs of
any investigation or litigation are not eligible for
the exceptions and are nondeductible.
See section 162(f), as amended by the Tax
Cuts and Jobs Act, section 13306.
For the deductibility of penalites for exceeding marketing quotas, see Marketing Quota
Penalties, discussed earlier.

Losses From Operating
a Farm
If your deductible farm expenses are more than
your farm income, you have a loss from the operation of your farm. The amount of the loss you
can deduct when figuring your taxable income
may be limited. To figure your deductible loss,
you must apply the following limits.
• The at-risk limits.
• The passive activity limits.
The following discussions explain these limits.
If your deductible loss after applying these
limits is more than your other income for the
year, you may have a net operating loss. See
Pub. 536.
If you don't carry on your farming activity to make a profit, your loss deduction
CAUTION may be limited by the not-for-profit
rules. See Not-for-Profit Farming, later.

!

At-Risk Limits
The at-risk rules limit your deduction for losses
from most business or income-producing activities, including farming. These rules limit the losses you can deduct when figuring your taxable
income. The deductible loss from an activity is
limited to the amount you have at risk in the activity.
You are at risk in any activity for:
1. The money and adjusted basis of property
you contribute to the activity; and
2. Amounts you borrow for use in the activity
if:
a. You are personally liable for repayment, or

b. You pledge property (other than property used in the activity) as security for
the loan.
You aren't at risk, however, for amounts you
borrow for use in a farming activity from a person who has an interest in the activity (other
than as a creditor) or a person related to someone (other than you) having such an interest.
For more information, see Pub. 925.

Passive Activity Limits
A passive activity is generally any activity involving the conduct of any trade or business in
which you don't materially participate. Generally, a rental activity is a passive activity.
If you have a passive activity, special rules
limit the loss you can deduct in the tax year.
You can generally deduct losses from passive
activities only up to income from passive activities. Credits are similarly limited.
For more information, see Pub. 925.

Excess Business Loss
Limitation
Noncorporate taxpayers may be subject to excess business loss limitations. The at-risk limits
and the passive activity limits are applied before
calculating the amount of any excess business
loss. An excess business loss is the amount by
which the total deductions attributable to all of
your trades or businesses exceed your total
gross income and gains attributable to those
trades or businesses plus $250,000 (or
$500,000 in the case of a joint return). Business
gains and losses reported on Form 4797 and
Form 8949 are included in the excess business
loss calculation. This includes farming losses
from casualty losses or losses by reason of disease or drought. Excess business losses that
are disallowed are treated as a net operating
loss carryover to the following tax year. See
Form 461 and its instructions for details.
Taxpayers with losses from a farming business must apply the excess business loss limitation before carrying any net operating losses
back 2 years. See the Instructions for Form
1045, Application for Tentative Refund.
If you incur both farming and nonfarming
business losses that are more than the threshold amount you must allocate the threshold
amount first to the farming losses to the extent
you have a net operating loss.
Excess farm losses that are disallowed can
be carried forward to the next tax year and treated as a net operating loss deduction from that
year.

Net Operating Loss
Limitation
If you have a 2021 net operating loss attributable to farming, you must carry it back to 2016,
unless you elect to forgo the carryback. Farming businesses can elect to forgo the carryback
and carry over the farm net operating loss to

2022. See the Instructions for Form 1045 or
Form 1138 for more information.

Not-for-Profit Farming
If you operate a farm for profit, you can deduct
all the ordinary and necessary expenses of carrying on the business of farming on Schedule F.
However, if you don't carry on your farming activity, or other activity you engage or invest in, to
make a profit, you report the income from the
activity on Schedule 1 (Form 1040), line 8i. You
can no longer deduct expenses of carrying on
the activity, even if you itemize your deductions
on Schedule A (Form 1040).
Activities you do as a hobby, or mainly for
sport or recreation can not be deducted. This
also applies to an investment activity intended
only to produce tax losses for the investors.
The deductibility of not-for-profit losses applies to individuals, partnerships, estates,
trusts, and S corporations. It doesn't apply to
corporations other than S corporations.
In determining whether you are carrying on
your farming activity for profit, all the facts are
taken into account. No one factor alone is decisive. Among the factors to consider are
whether:
• You operate your farm in a businesslike
manner;
• The time and effort you spend on farming
indicate you intend to make it profitable;
• You depend on income from farming for
your livelihood;
• Your losses are due to circumstances beyond your control or are normal in the
start-up phase of farming;
• You change your methods of operation in
an attempt to improve profitability;
• You, or your advisors, have the knowledge
needed to carry on the farming activity as a
successful business;
• You were successful in making a profit in
similar activities in the past;
• You make a profit from farming in some
years and the amount of profit you make;
and
• You can expect to make a future profit from
the appreciation of the assets used in the
farming activity.
Presumption of profit. Your farming or other
activity is presumed carried on for profit if it produced a profit in at least 3 of the last 5 tax
years, including the current year. Activities that
consist primarily of breeding, training, showing,
or racing horses are presumed carried on for
profit if they produced a profit in at least 2 of the
last 7 tax years, including the current year. The
activity must be substantially the same for each
year within this period. You have a profit when
the gross income from an activity is more than
the deductions for it.
If a taxpayer dies before the end of the
5-year (or 7-year) period, the period ends on
the date of the taxpayer's death.
If your business or investment activity
passes this 3- (or 2-) years-of-profit test, presume it is carried on for profit. This means the
limits discussed here don't apply. You can take
all your business deductions from the activity on

Schedule F, even for the years that you have a
loss. You can rely on this presumption in every
case, unless the IRS shows it isn't valid.
If you fail the 3- (or 2-) years-of-profit test,
you may still be considered to operate your
farm for profit by considering the factors listed
earlier.
Using the presumption later. If you are
starting out in farming and don't have 3 (or 2)
years showing a profit, you may want to take
advantage of this presumption later, after you
have had the 5 (or 7) years of experience allowed by the test.
You can choose to do this by filing Form
5213. Filing this form postpones any determination that your farming activity isn't carried on for
profit until 5 (or 7) years have passed since you
first started farming. You must file Form 5213
within 3 years after the due date of your return
for the year in which you first carried on the activity, or, if earlier, within 60 days after receiving
a written notice from the IRS proposing to disallow deductions attributable to the activity.
The benefit gained by making this choice is
that the IRS won't immediately question
whether your farming activity is engaged in for
profit. Accordingly, it won't limit your deductions. Rather, you will gain time to earn a profit
in 3 (or 2) out of the first 5 (or 7) years you carry
on the farming activity. If you show 3 (or 2)
years of profit at the end of this period, your deductions aren't limited under these rules. If you
don't have 3 (or 2) years of profit (and can't otherwise show that you operated your farm for
profit), the limit applies retroactively to any year
in the 5-year (or 7-year) period with a loss.
Filing Form 5213 automatically extends the
period of limitations on any year in the 5-year
(or 7-year) period to 2 years after the due date
of the return for the last year of the period. The
period is extended only for deductions of the
activity and any related deductions that might
be affected.
Limit on deductions and losses. If your activity isn't carried on for profit, take deductions
only in the following order, only to the extent
stated in the three categories.
Category 1. Deductions you can take for
personal as well as for business activities are
allowed in full. For individuals, all nonbusiness
deductions, such as those for home mortgage
interest, taxes, and casualty losses (attributable
to a federally declared disaster), belong in this
category. See chapter 11 for more information.
For the limits that apply to mortgage interest,
see Pub. 936.
Category 2. Deductions that don't result in
an adjustment to the basis of property are allowed next, but only to the extent your gross income from the activity is more than the deductions you take (or could take) under the first
category. Most business deductions, such as
those for fertilizer, feed, insurance premiums,
utilities, wages, etc., belong in this category.
Category 3. Business deductions that decrease the basis of property are allowed last,
but only to the extent the gross income from the
activity is more than deductions you take (or
could take) under the first two categories. The
deductions for depreciation, amortization, and

Chapter 4

Farm Business Expenses

Page 27

the part of a casualty loss an individual could
not deduct in category 1 belong in this category.
Where more than one asset is involved, divide
depreciation and these other deductions proportionally among those assets.
Partnerships and S corporations. If a partnership or S corporation carries on a
not-for-profit activity, these limits apply at the
partnership or S corporation level. They are reflected in the individual shareholder's or partner's distributive shares.
More information. For more information on
not-for-profit activities, see Not-for-Profit Activities in chapter 1 of Pub. 535.

To get the full deduction to which you

TIP are entitled, you should maintain your

records to clearly distinguish between
your ordinary and necessary farm business expenses and your soil and water conservation
expenses.
Topics. This chapter discusses the following.
• Business of farming,
• Plan certification,
• Conservation expenses,
• Assessment by conservation district,
• 25% limit on deduction,
• When to deduct or capitalize, and
• Sale of a farm.

Business of Farming

5.
Soil and Water
Conservation
Expenses
Introduction
If you are in the business of farming, you can
choose to deduct certain expenses for:
• Soil or water conservation,
• Prevention of erosion of land used in farming, or
• Endangered species recovery.
Otherwise, these are capital expenses that
must be added to the basis of the land. (See
chapter 6 for information on determining basis.)
Conservation expenses for land in a foreign
country do not qualify for this special treatment.
The deduction for conservation expenses
cannot be more than 25% of your gross income
from farming. See 25% Limit on Deduction,
later.
Although some expenses are not deductible
as soil and water conservation expenses, they
may be deductible as ordinary and necessary
farm expenses. These include interest and
taxes, the cost of periodically clearing brush
from productive land, the regular removal of
sediment from a drainage ditch, and expenses
paid or incurred primarily to produce an agricultural crop that may also conserve soil.
You must include in income most government payments for approved conservation
practices. However, you can exclude some
payments you receive under certain cost-sharing conservation programs. For more information, see Agricultural Program Payments in
chapter 3.

Page 28

Chapter 5

For purposes of soil and water conservation expenses, you are in the business of farming if
you cultivate, operate, or manage a farm for
profit, either as an owner or a tenant. You are
not in the business of farming if you cultivate or
operate a farm for recreation or pleasure, rather
than for profit. You are not farming if you are engaged only in forestry or the growing of timber.
Farm defined. A farm includes livestock, dairy,
poultry, fish, fruit, and truck farms. It also includes plantations, ranches, ranges, and orchards. A fish farm is an area where fish and
other marine animals are grown or raised and
artificially fed, protected, etc. It doesn't include
an area where they are merely caught or harvested. A plant nursery is a farm for purposes of
deducting soil and water conservation expenses.
Farm rental. If you own a farm and receive
farm rental payments based on farm production, either in cash or crop shares, you are in the
business of farming. If you get cash rental for a
farm you own that is not used in farm production, you can't deduct soil and water conservation expenses for that farm.
If you receive a fixed rental payment that is
not based on farm production, you are in the
business of farming only if you materially participate in operating or managing the farm.
Example. You own a farm in Iowa. You rent
out the farm for $250 in cash per acre and don't
materially participate in producing or managing
production of the crops grown on the farm. You
can't deduct your soil conservation expenses
for this farm. You must capitalize the expenses
and add them to the basis of the land.
For more information, see Material participation for landlords under Landlord Participation in
Farming in chapter 12.

Plan Certification
You can deduct soil and water conservation expenses only if they are consistent with a plan
approved by the Natural Resources Conservation Service (NRCS) of the Department of Agriculture. If no such plan exists, the expenses
must be consistent with a soil conservation plan
of a comparable state agency. Keep a copy of
the plan with your books and records to support
your deductions.

Soil and Water Conservation Expenses

Conservation plan. A conservation plan includes the farming conservation practices approved for the area where your farmland is located. There are three types of approved plans.
• NRCS individual site plans. These plans
are issued individually to farmers who request assistance from NRCS to develop a
conservation plan designed specifically for
their farmland.
• NRCS county plans. These plans include a
listing of farm conservation practices approved for the county where the farmland
is located. You can deduct expenses for
conservation practices not included on the
NRCS county plans only if the practice is a
part of an individual site plan.
• Comparable state agency plans. These
plans are approved by state agencies and
can be approved individual site plans or
county plans.
A list of NRCS conservation programs is
available at NRCS.USDA.gov/programs. Individual site plans can be obtained from NRCS
offices and the comparable state agencies.

Conservation Expenses
You can deduct conservation expenses only for
land you or your tenant are using, or have used
in the past, for farming. These expenses include, but are not limited to, the following.
1. The treatment or movement of earth, such
as:
a. Leveling,
b. Conditioning,
c. Grading,
d. Terracing,
e. Contour furrowing, and
f. Restoration of soil fertility.
2. The construction, control, and protection
of:
a. Diversion channels;
b. Drainage ditches;
c. Irrigation ditches;
d. Earthen dams; and
e. Watercourses, outlets, and ponds.
3. The eradication of brush.
4. The planting of windbreaks.
You can't deduct expenses to drain or fill wetlands, or to prepare land for center pivot irrigation systems, as soil and water conservation expenses. These expenses are added to the
basis of the land.
If you choose to deduct soil and water
conservation expenses, you must inCAUTION clude as gross income any cost-sharing payments you receive for those expenses.
See chapter 3 for information about payments
eligible for the cost-sharing exclusion.

!

New farm or farmland. If you acquire a new
farm or new farmland from someone who was
using it in farming immediately before you
acquired the land, soil and water conservation

Table 5-1. Limits on Deducting an Assessment by a Conservation
District for Depreciable Property
Total Limit on Deduction
for Assessment for
Depreciable Property
10% of:
Total assessment against all
members of the district for the
property.

• No one taxpayer can

deduct more than 10% of
the total assessment.
• Any amount over 10% is
a capital expense and is
added to the basis of
your land.
• If an assessment is paid
in installments, each
payment must be
prorated between the
conservation expense
and the capital expense.

Yearly Limit on Deduction
for Assessment for
Depreciable Property
$500 + 10% of:
Your deductible share of the
cost to the district for the
property.

• If the amount you pay or
incur for any year is
more than the limit, you
can deduct for that year
only 10% of your
deductible share of the
cost.
• You can deduct the
remainder in equal
amounts over the next 9
tax years.

expenses you incur on it will be treated as
made on land used in farming at the time the
expenses were paid or incurred. You can deduct soil and water conservation expenses for
this land if your use of it is substantially a continuation of its use in farming. The new farming activity doesn't have to be the same as the old
farming activity. For example, if you buy land
that was used for grazing cattle and then prepare it for use as an apple orchard, you can deduct your conservation expenses.
Land not used for farming. If your conservation expenses benefit both land that doesn’t
qualify as land used for farming and land that
does qualify, you must allocate the expenses
between the two types of land. For example, if
the expenses benefit 200 acres of your land,
but only 120 acres of this land are used for
farming, then you can deduct 60% (120 ÷ 200)
of the expenses. You can use another method
to allocate these expenses if you can clearly
show that your method is more reasonable.
Depreciable conservation assets. You generally can't deduct your expenses for depreciable conservation assets. However, you can deduct certain amounts you pay or incur for an
assessment for depreciable property that a soil
and water conservation or drainage district levies against your farm. See Assessment for Depreciable Property, later.
You must capitalize expenses to buy, build,
install, or improve depreciable structures or facilities. These expenses include those for materials, tile (including drainage tile), pipe, pumps
(and other equipment), supplies, wages, fuel,
hauling, and moving dirt when making or installing structures such as tanks, reservoirs, culverts, canals, dams, drainage systems, waste
management systems or wells composed of
masonry, concrete, tile (including drainage tile),
metal, or wood. You recover your capital investment through annual allowances for depreciation.
You can deduct soil and water conservation
expenses for nondepreciable earthen items.

against the farmers who benefit from the expenses. You can deduct as a conservation expense
amounts you pay or incur for the part of an assessment that:
• Covers expenses you could deduct if you
had paid them directly, or
• Covers expenses for depreciable property
used in the district's business.

Yearly Limit for All
Conservation Expenses
25% of:
Your gross income from
farming.

• Limit for all conservation

expenses, including
assessments for
depreciable property.
• Amounts greater than
25% can be carried to the
following year and added
to that year's expenses.
The total is then subject
to the 25% of gross
income from farming limit
in that year.

Nondepreciable earthen items include certain
dams, ponds, and terraces described under
Property Having a Determinable Useful Life in
chapter 7.
Water well. You can't deduct the cost of
drilling a water well for irrigation and other agricultural purposes as a soil and water conservation expense. It is a capital expense. You recover your cost through depreciation. You must
also capitalize your cost for drilling a test hole. If
the test hole produces no water and you continue drilling, the cost of the test hole is added
to the cost of the producing well. You can recover the total cost through depreciation deductions.
If a test hole, dry hole, or dried-up well (resulting from prolonged lack of rain, for instance)
is abandoned, you can deduct your unrecovered cost in the year of abandonment. Abandonment means that all economic benefits from
the well are terminated. For example, filling or
sealing a well excavation or casing so that all
economic benefits from the well are terminated
constitutes an abandonment.
Endangered species recovery expenses. If
you are in the business of farming and meet
other specific requirements, you can choose to
deduct the conservation expenses discussed
earlier as endangered species recovery expenses. Otherwise, these are capital expenses that
must be added to the basis of the land.
The expenses must be paid or incurred for
the purpose of achieving site-specific management actions recommended in a recovery plan
approved under section 4(f) of the Endangered
Species Act of 1973. See section 175 for more
information.

Assessment by
Conservation District
In some localities, a soil or water conservation
or drainage district incurs expenses for soil or
water conservation and levies an assessment
Chapter 5

A water or drainage district assessment for
repairs or maintenance of district property or for
interest paid by the district for a loan to buy
property may qualify as a business deduction.
See Regulations section 1.164-4(b)(1).

Assessment for Depreciable
Property
You can generally deduct as a conservation expense amounts you pay or incur for the part of a
conservation or drainage district assessment
that covers expenses for depreciable property.
This includes items such as pumps, locks, concrete structures (including dams and weir
gates), draglines, and similar equipment. The
depreciable property must be used in the district's soil and water conservation activities.
However, the following limits apply to these assessments.
• The total assessment limit.
• The yearly assessment limit.
After you apply these limits, the amount you
can deduct is added to your other conservation
expenses for the year. The total for these expenses is then subject to the 25% of gross income from farming limit on the deduction, discussed later. See Table 5-1 for a brief summary
of these limits.
To ensure your deduction is within the

TIP deduction limits, keep records to show
the following.

• The total assessment against all members
of the district for the depreciable property.

• Your deductible share of the cost to the
district for the depreciable property.

• Your gross income from farming.

Total assessment limit. You can't deduct
more than 10% of the total amount assessed to
all members of the conservation or drainage
district for the depreciable property. This applies whether you pay the assessment in one
payment or in installments. If your assessment
is more than 10% of the total amount assessed,
both the following rules apply.
• The amount over 10% is a capital expense
and is added to the basis of your land.
• If the assessment is paid in installments,
each payment must be prorated between
the conservation expense and the capital
expense.
Yearly assessment limit. The maximum
amount you can deduct in any 1 year is the total
of 10% of your deductible share of the cost as
explained earlier, plus $500. If the amount you
pay or incur is equal to or less than the maximum amount, you can deduct it in the year it is
paid or incurred. If the amount you pay or incur
is more, you can deduct in that year only 10% of
your deductible share of the cost. You can deduct the remainder in equal amounts over the

Soil and Water Conservation Expenses

Page 29

next 9 tax years. Your total conservation expense deduction for each year is also subject to
the 25% of gross income from farming limit on
the deduction, discussed later.
Example 1. This year, the soil conservation
district levies, and you pay, an assessment of
$2,400 against your farm. Of the assessment,
$1,500 is for digging drainage ditches. You can
deduct this part as a soil or conservation expense as if you had paid it directly. The remaining $900 is for depreciable equipment to be
used in the district's irrigation activities. The total amount assessed by the district against all
its members for the depreciable equipment is
$7,000.
The total amount you can deduct for the depreciable equipment is limited to 10% of the total amount assessed by the district against all
its members for depreciable equipment, or
$700. The $200 excess ($900 − $700) is a capital expense you must add to the basis of your
farm.
To figure the maximum amount you can deduct for the depreciable equipment this year,
multiply your deductible share of the total assessment ($700) by 10% (0.10). Add $500 to
the result for a total of $570. Your deductible
share, $700, is greater than the maximum
amount deductible in 1 year, so you can deduct
only $70 of the amount you paid or incurred for
depreciable property this year (10% of $700).
You can deduct the balance at the rate of $70 a
year over the next 9 years.
You add $70 to the $1,500 portion of the assessment for drainage ditches. You can deduct
$1,570 of the $2,400 assessment as a soil and
water conservation expense this year, subject
to the 25% of gross income from farming limit
on the deduction, discussed later.
Example 2. Assume the same facts as in
Example 1 except that $1,850 of the $2,400 assessment is for digging drainage ditches and
$550 is for depreciable equipment. The total
amount assessed by the district against all its
members for depreciable equipment is $5,500.
The total amount you can deduct for the depreciable equipment is limited to 10% of this
amount, or $550.
The maximum amount you can deduct this
year for the depreciable equipment is $555
(10% of your deductible share of the total assessment, $55, plus $500). Since your deductible share is less than the maximum amount deductible in 1 year, you can deduct the entire
$550 this year. You can deduct the entire assessment, $2,400, as a soil and water conservation expense this year, subject to the 25% of
gross income from farming limit on the deduction, discussed below.
Sale or other disposal of land during 9-year
period. If you dispose of the land during the
9-year period for deducting conservation expenses subject to the yearly limit, any amounts
you have not yet deducted because of this limit
are added to the basis of the property.
Death of farmer during 9-year period. If a
farmer dies during the 9-year period, any remaining amounts not yet deducted are deducted in the year of death.

Page 30

Chapter 5

25% Limit on Deduction
The total deduction for conservation expenses
in any tax year is limited to 25% of your gross
income from farming for the year.
Gross income from farming. Gross income
from farming is the income you derive in the
business of farming from the production of
crops, fish, fruits, other agricultural products, or
livestock. Gains from sales of draft, breeding, or
dairy livestock are included. Gains from sales of
assets such as farm machinery, or from the disposition of land, are not included.
Example. In 2021, you report gross income
from farming for your single-member LLC
(SMLLC) on Schedule F (Form 1040) of
$85,000. Additionally, your gain from sales of
cull raised breeding animals reported on Form
4797, line 2(g), is $15,000. Therefore, your
gross income from farming is $100,000
($85,000 + $15,000). Thus, the applicable 25%
limitation ($100,000 x 25% (0.25)) is $25,000
for soil and water expenses in 2021.
The calculation of farm income for soil

TIP and water conservation expenses dif-

fers from the calculations for income
averaging and estimated tax payments. For
more information, see Income Averaging for
Farmers in chapter 3 and Gross Income in
chapter 15.
Carryover of deduction. If your deductible
conservation expenses in any year are more
than 25% of your gross income from farming for
that year, you can carry the unused deduction
over to later years. However, the deduction in
any later year is limited to 25% of the gross income from farming for that year as well.
Example. In 2021, you have gross income
of $32,000. During the year, you incurred
$10,000 of deductible soil and water conservation expenses. However, your deduction is limited to 25% of $32,000, or $8,000. The $2,000
excess ($10,000 − $8,000) is carried over to
2022 and added to deductible soil and water
conservation expenses made in that year. The
total of the 2021 carryover plus 2022 expenses
is deductible in 2022, subject to the limit of 25%
of your gross income from farming in 2022. Any
expenses over the limit in that year are carried
to 2023 and later years.
Net operating loss (NOL). The deduction
for soil and water conservation expenses, after
applying the 25% limit, is included when figuring
an NOL for the year. If the NOL is carried to another year, the soil and water conservation deduction included in the NOL is not subject to the
25% limit in the year to which it is carried.

When To Deduct or
Capitalize
If you choose to deduct soil and water conservation expenses, you must deduct the total allowable amount on your tax return for the first
year you pay or incur these expenses. If you

Soil and Water Conservation Expenses

don't choose to deduct the expenses, you must
capitalize them.
Change of method. If you want to change
your method for the treatment of soil and water
conservation expenses, or you want to treat the
expenses for a particular project or a single
farm in a different manner, you must get the approval of the IRS. To get this approval, submit a
written request by the due date of your return
for the first tax year you want the new method to
apply. You or your authorized representative
must sign the request. Do not use Form 3115
for this request. Use the procedure outlined below.
The request must include the following information.
• Your name and address.
• The first tax year the method or change of
method is to apply.
• Whether the method or change of method
applies to all your soil and water conservation expenses or only to those for a particular project or farm. If the method or change
of method doesn't apply to all your expenses, identify the project or farm to which
the expenses apply.
• The total expenses you paid or incurred in
the first tax year the method or change of
method is to apply.
• A statement that you will account separately in your books for the expenses to
which this method or change of method relates.
Send your request to the following address.
Department of the Treasury
Internal Revenue Service Center
Cincinnati, OH 45999
For more information, see Change in
Accounting Method in chapter 2.

Sale of a Farm
If you sell your farm, you can't adjust the basis
of the land at the time of the sale for any unused
carryover of soil and water conservation expenses (except for deductions of assessments for
depreciable property, discussed earlier). However, if you acquire another farm and return to
the business of farming, you can start taking deductions again for the unused carryovers.
Gain on sale of farmland. If you held the land
5 years or less before you sold it, gain on the
sale of the land is treated as ordinary income up
to the amount you previously deducted for soil
and water conservation expenses. If you held
the land less than 10 but more than 5 years, the
gain is treated as ordinary income up to a specified percentage of the previous deductions. See
Section 1252 property under Other Gains in
chapter 9.

6.
Basis of Assets
Introduction
Your basis is the amount of your investment in
property for tax purposes. Use basis to figure
the gain or loss on the sale, exchange, or other
disposition of property. Also use basis to figure
depreciation, amortization, depletion, and casualty losses. You may have property that you use
for both business or the production of income
purposes and for personal purposes. You must
allocate the basis of this property based on its
use. Only the basis allocated to the business or
the production of income use of the property
can be depreciated.
Your original basis in property is adjusted
(increased or decreased) by certain events. For
example, if you make improvements to the
property, increase your basis. If you take deductions for depreciation, or casualty losses, or
claim certain credits, reduce your basis.
Keep accurate records of all items that
affect the basis of your assets. For inRECORDS formation on keeping records, see
chapter 1.

Topics

This chapter discusses:

• Cost basis
• Adjusted basis
• Basis other than cost

Useful Items

You may want to see:
Publication
535 Business Expenses
535

544 Sales and Other Dispositions of
Assets
544

551 Basis of Assets
551

946 How To Depreciate Property
946

See chapter 16 for information about getting
publications and forms.

Cost Basis
The basis of property you buy is usually its cost.
Cost is the amount you pay in cash, debt obligations, other property, or services. Your cost
includes amounts you pay for sales tax, freight,
installation, and testing. The basis of real estate
and business assets will include other items,
discussed later. Basis generally does not include interest payments. However, see Carrying charges and Capitalized interest in chapter 4 of Pub. 535.

You may also have to capitalize (add to basis) certain other costs related to buying or producing property. Under the uniform capitalization rules, discussed later, you may have to
capitalize direct costs and certain indirect costs
of producing property.
Loans with low or no interest. If you buy
property on a time-payment plan that charges
little or no interest, the basis of your property is
your stated purchase price minus the amount
considered to be unstated interest. You generally have unstated interest if your interest rate is
less than the applicable federal rate. See the
discussion of unstated interest in Pub. 537, Installment Sales.

Real Property
Real property, also called real estate, is land
and generally anything built on, growing on, or
attached to land.
If you buy real property, certain fees and
other expenses related to the purchase of the
property are part of your cost basis in the property. Some of these expenses are discussed
next.
Lump-sum purchase. If you buy improvements, such as buildings, and the land on which
they stand for a lump sum, allocate your cost
basis between the land and improvements. Allocate the cost basis according to the respective fair market values (FMVs) of the land and
improvements at the time of purchase. Figure
the basis of each asset by multiplying the lump
sum by a fraction. The numerator is the FMV of
that asset, and the denominator is the FMV of
the whole property at the time of purchase.
Fair market value (FMV). FMV is the price
at which property would change hands between
a willing buyer and a willing seller, neither having to buy or sell, and both having reasonable
knowledge of all necessary facts. Sales of similar property on or about the same date may help
in figuring the FMV of the property.
If you are not certain of the FMV of the

TIP land and improvements, you can allo-

cate the basis according to their assessed values for real estate tax purposes.

Real estate taxes. If you pay the real estate
taxes the seller owed on real property you
bought, and the seller did not reimburse you,
treat those taxes as part of your basis.
If you reimburse the seller for taxes the
seller paid for you, you can generally deduct
that amount as a tax expense in the year of purchase. Whether or not you reimburse the seller,
do not include that amount in the basis of your
property.
Settlement costs. Your basis includes the settlement fees and closing costs for buying the
property. See Pub. 551 for a detailed list of
items you can and cannot include in basis.
Do not include fees and costs for getting a
loan on the property. Also, do not include
amounts placed in escrow for the future payment of items such as taxes and insurance.

Points. If you pay points to get a loan (including a mortgage, second mortgage, home equity
loan, or line of credit), do not add the points to
the basis of the related property. You may be
able to deduct the points currently or over the
term of the loan. For more information about deducting points, see Points in chapter 4 of Pub.
535.
Assumption of a mortgage. If you buy property and assume (or buy the property subject to)
an existing mortgage, your basis includes the
amount you pay for the property plus the
amount you owe on the mortgage.
Example. If you buy a farm for $100,000
cash and assume a mortgage of $400,000, your
basis is $500,000.
Constructing assets. If you build property or
have assets built for you, your expenses for this
construction are part of your basis. Some of
these expenses include the following costs.
• Land.
• Labor and materials.
• Architect's fees.
• Building permit charges.
• Payments to contractors.
• Payments for rental equipment.
• Inspection fees.
In addition, if you use your own employees,
farm materials, and equipment to build an asset, do not deduct the following expenses.
• Employee wages paid for the construction
work, reduced by any employment credits
allowed.
• Depreciation on equipment you own while
it is used in the construction.
• Operating and maintenance costs for
equipment used in the construction.

• The cost of business supplies and materials used in construction.

You must capitalize these expenses by including them in the asset's basis.
Do not include the value of your own labor, or any other labor you did not pay
CAUTION for, in the basis of any property you
construct.

!

Allocating the Basis
In some instances, the rules for determining basis apply to a group of assets acquired in the
same transaction or to property that consists of
separate items. To determine the basis of these
assets or separate items, there must be an allocation of basis.
Group of assets acquired. If you buy multiple
assets for a lump sum, allocate the amount you
pay among the assets. Use this allocation to figure your basis for depreciation and gain or loss
on a later disposition of any of these assets.
You and the seller may agree in the sales contract to a specific allocation of the purchase
price among the assets. If this allocation is
based on the value of each asset and you and
the seller have adverse tax interests, the allocation will generally be accepted.
Farming business acquired. If you buy a
group of assets that makes up a farming
Chapter 6

Basis of Assets

Page 31

business, there are special rules you must use
to allocate the purchase price among the assets. Generally, reduce the purchase price by
any cash received. Allocate the remaining purchase price to the other business assets received in proportion to (but not more than) their
FMV and in a certain order. See Trade or Business Acquired under Allocating the Basis in
Pub. 551 for more information. Also, see the examples under Sale of a Farm in chapter 8.
Transplanted embryo. If you buy a cow that is
pregnant with a transplanted embryo, allocate
to the basis of the cow the part of the purchase
price equal to the FMV of the cow without the
implant. Allocate the rest of the purchase price
to the basis of the calf. Neither the cost allocated to the cow nor the cost allocated to the calf
is deductible as a current business expense.

Uniform Capitalization Rules
Under the uniform capitalization rules, you must
include certain direct and indirect costs in the
basis of property you produce or in your inventory costs, rather than claim them as a current
year deduction. You recover these costs
through depreciation, amortization, or cost of
goods sold when you use, sell, or otherwise dispose of the property.
Any farming business that has average

TIP annual gross receipts of $26 million or

less for the 3 preceding tax years and
is not a tax shelter is not subject to the uniform
capitalization rules.
Generally, you are subject to the uniform
capitalization rules if you do any of the following.
1. Produce real property or tangible personal
property.
2. Acquire property for resale.
You produce property if you construct, build,
install, manufacture, develop, improve, or create the property.
You are not subject to the uniform capi-

TIP talization rules if the property is produced for personal use.

In a farming business, you produce property
if you raise or grow any agricultural or horticultural commodity, including plants and animals.
Plants. A plant produced in a farming business
includes the following items.
• A fruit, nut, or other crop-bearing tree.
• An ornamental tree.
• A vine.
• A bush.
• Sod.
• The crop or yield of a plant that will have
more than one crop or yield.
Animals. An animal produced in a farming
business includes any stock, poultry or other
bird, and fish or other sea life.
The direct and indirect costs of producing
plants or animals include preparatory costs and
preproductive period costs. Preparatory costs
include the acquisition costs of the seed,
Page 32

Chapter 6

Basis of Assets

Table 6-1. Plants With a Preproductive Period of More Than 2 Years
Plants producing the following crops or yields have a nationwide weighted average
preproductive period of more than 2 years.

•
•
•
•
•
•
•
•
•

Almonds
Apples
Apricots
Avocados
Blueberries
Cherries
Chestnuts
Coffee beans
Currants

•
•
•
•
•
•
•
•
•

Dates
Figs
Grapefruit
Grapes
Guavas
Kiwifruit
Kumquats
Lemons
Limes

•
•
•
•
•
•
•
•
•

seedling, plant, or animal. For plants, preproductive period costs include the costs of items
such as irrigation, pruning, frost protection,
spraying, and harvesting. For animals, preproductive period costs include the costs of items
such as feed, maintaining pasture or pen areas,
breeding, veterinary services, and bedding.
Exceptions. In a farming business, the uniform
capitalization rules do not apply to:
1. Any animal,
2. Any plant with a preproductive period of 2
years or less, or
3. Any costs of replanting certain plants lost
or damaged due to casualty.
Exceptions (1) and (2) do not apply to a corporation, partnership, or tax shelter required to
use an accrual method of accounting. See Accrual Method Required under Accounting Methods in chapter 2.
In addition, you can elect not to use the uniform capitalization rules for plants with a preproductive period of more than 2 years. This election cannot be made by a corporation,
partnership, or tax shelter required to use an
accrual method of accounting. This election
also does not apply to any costs incurred for the
planting, cultivation, maintenance, or development of any citrus or almond grove (or any part
thereof) within the first 4 years the trees were
planted.
If you elect not to use the uniform capitalization rules, you must use the alterCAUTION native depreciation system for all property used in any of your farming businesses and
placed in service in any tax year during which
the election is in effect. See chapter 7 for additional information on depreciation.

!

Example. You grow trees that have a preproductive period of more than 2 years. The
trees produce an annual crop. You are an individual and the uniform capitalization rules apply
to your farming business. You must capitalize
the direct costs and an allocable part of indirect
costs incurred due to the production of the
trees. You are not required to capitalize the
costs of producing the annual crop because its
preproductive period is 2 years or less.
Preproductive period of more than 2 years.
The preproductive period of plants grown in
commercial quantities in the United States is
based on their nationwide weighted average
preproductive period. Plants producing the
crops or yields shown in Table 6-1 have a na-

Macadamia nuts
Mangoes
Nectarines
Olives
Oranges
Peaches
Pears
Pecans
Persimmons

•
•
•
•
•
•
•
•

Pistachio nuts
Plums
Pomegranates
Prunes
Tangelos
Tangerines
Tangors
Walnuts

tionwide weighted average preproductive period of more than 2 years. Other plants (not
shown in Table 6-1) may also have a nationwide weighted average preproductive period of
more than 2 years.
More information. For more information on
the uniform capitalization rules that apply to
property produced in a farming business, see
Regulations section 1.263A-4.

Adjusted Basis
Before figuring gain or loss on a sale, exchange, or other disposition of property or figuring allowable depreciation, depletion, or amortization, you must usually make certain
adjustments to the cost basis or basis other
than cost (discussed later) of the property. The
adjustments to the original basis are increases
or decreases to the cost basis or other basis
which result in the adjusted basis of the property.

Increases to Basis
Increase the basis of any property by all items
properly added to a capital account. These include the cost of any improvements having a
useful life of more than 1 year.
The following costs increase the basis of
property.
• The cost of extending utility service lines to
property.
• Legal fees, such as the cost of defending
and perfecting title.
• Legal fees for seeking a decrease in an assessment levied against property to pay for
local improvements.
• Assessments for items such as paving
roads and building ditches that increase
the value of the property assessed. Do not
deduct these expenses as taxes. However, you can deduct as taxes amounts assessed for maintenance or repairs, or for
meeting interest charges related to the improvements.
If you make additions or improvements to
business property, depreciate the basis of each
addition or improvement as separate depreciable property using the rules that would apply to
the original property if you had placed it in service at the same time you placed the addition or
improvement in service. See chapter 7 for more
information.

Deducting vs. capitalizing costs. Do not add
to your basis costs that you can deduct as current expenses. For example, amounts paid for
incidental repairs or maintenance are deductible as business expenses and are not added to
basis. However, you can elect either to deduct
or to capitalize certain other costs. See chapter 7 in Pub. 535.
Note. Generally, you can deduct amounts
paid for repairs and maintenance to your tangible property if the amounts paid are not otherwise required to be capitalized. However, you
may elect to capitalize amounts paid for repair
and maintenance consistent with the treatment
on your books and records. If you make this
election, it applies to all amounts paid for repair
and maintenance to tangible property that you
treat as capital expenditures on your books and
records for the tax year. To make the election to
treat repairs and maintenance as capital expenditures, attach a statement titled “Section
1.263(a)-3(n) Election” to your timely filed return
(excluding extensions). For more information on
what to include in the statement, see Regulations section 1.263(a)-3(n). If you timely filed
your return for the year without making the election, you can still make the election 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” on the
statement. File the amended return at the same
address you filed the original return.

Decreases to Basis
The following are some items that reduce the
basis of property.
• Section 179 deduction.
• Deductions previously allowed or allowable for amortization, depreciation, and depletion.
• Residential energy efficient property credits. See Form 5695.
• Investment credit (part or all) taken.
• Casualty and theft losses and insurance
reimbursements.
• Payments you receive for granting an
easement.
• Exclusion from income of subsidies for energy conservation measures.
• Certain canceled debt excluded from income.
• Rebates from a manufacturer or seller.
• Patronage dividends received from a cooperative association as a result of a purchase of property. See Patronage Dividends in chapter 3.
• Gas-guzzler tax. See Form 6197.
Some of these items are discussed next. For a
more detailed list of items that decrease basis,
see section 1016 of the Internal Revenue Code
and Pub. 551.
Depreciation and section 179 deduction.
The adjustments you must make to the basis of
the property if you take the section 179 deduction or depreciate the property are explained
next. For more information on these deductions,
see chapter 7.
Section 179 deduction. If you take the
section 179 expense deduction for all or part of

the cost of qualifying business property, decrease the basis of the property by the deduction.
Depreciation. Decrease the basis of property by the depreciation you deducted or could
have deducted on your tax returns under the
method of depreciation you chose. If you took
less depreciation than you could have under the
method chosen, decrease the basis by the
amount you could have taken under that
method. If you did not take a depreciation deduction, reduce the basis by the full amount of
the depreciation you could have taken.
If you deducted more depreciation than you
should have, decrease your basis by the
amount you should have deducted plus the part
of the excess depreciation you deducted that
actually reduced your tax liability for any year.
See chapter 7 for information on figuring the
depreciation you should have claimed.
In decreasing your basis for depreciation,
take into account the amount deducted on your
tax returns as depreciation and any depreciation you must capitalize under the uniform capitalization rules.
Casualty and theft losses. If you have a
casualty or theft loss, decrease the basis in
your property by any insurance or other reimbursement and by any deductible loss not covered by insurance. See chapter 11 for information about figuring your casualty or theft loss.
You must increase your basis in the property
by the amount you spend on clean-up costs
(such as debris removal) and repairs that substantially prolong the life of the property, increase its value, or adapt it to a different use.
To make this determination, compare the repaired property to the property before the casualty. For more information on casualty and theft
losses, see Pub. 547.

2. Qualified farm debt.
3. Qualified real property business debt (provided you are not a C corporation).
If you exclude canceled debt from income as
described in (1) or (2), you may have to reduce
the basis of your depreciable and nondepreciable property. If you exclude canceled debt described in (3), you must only reduce the basis of
your depreciable property by the excluded
amount.
For more information about canceled debt in
a bankruptcy case, see Pub. 908, Bankruptcy
Tax Guide. For more information about insolvency and canceled debt that is qualified farm
debt, see chapter 3. For more information about
qualified real property business debt, see Pub.
334, Tax Guide for Small Business.

Basis Other Than Cost
There are times when you cannot use cost as
basis. In these situations, the FMV or the adjusted basis of property may be used. Examples
are discussed next.
Property changed from personal to business or rental use. When you hold property
for personal use and then change it to business
use or use it to produce rent, you must figure its
basis for depreciation. An example of changing
property from personal to business use would
be changing the use of your pickup truck that
you originally purchased for your personal use
to use in your farming business.
The basis for depreciation is the lesser of:
• The FMV of the property on the date of the
change, or
• Your adjusted basis on the date of the
change.

Easements. The amount you receive for granting an easement is usually considered to be
proceeds from the sale of an interest in the real
property. It reduces the basis of the affected
part of the property. If the amount received is
more than the basis of the part of the property
affected by the easement, reduce your basis in
that part to zero and treat the excess as a recognized gain. See Easements and rights-of-way
in chapter 3.

If you later sell or dispose of this property,
the basis you use will depend on whether you
are figuring a gain or loss. The basis for figuring
a gain is your adjusted basis in the property
when you sell the property. Figure the basis for
a loss starting with the smaller of your adjusted
basis or the FMV of the property at the time of
the change to business or rental use. Then
make adjustments (increases and decreases)
for the period after the change in the property's
use, as discussed earlier under Adjusted Basis.

Exclusion from income of subsidies for energy conservation measures. You can exclude from gross income any subsidy you received from a public utility company for the
purchase or installation of an energy conservation measure for a dwelling unit. Reduce the basis of the property by the excluded amount.

Property received for services. If you receive property for services, include the property's FMV in income. The amount you include in
income becomes your basis. If the services
were performed for a price agreed on beforehand, it will be accepted as the FMV of the
property if there is no evidence to the contrary.

Canceled debt excluded from income. If a
debt you owe is canceled or forgiven, other
than as a gift or bequest, you must generally include the canceled amount in your gross income for tax purposes. A debt includes any indebtedness for which you are liable or which
attaches to property you hold.
You can exclude your canceled debt from
income if the debt is any of the following.

Example. Rocco Stowsa is an accountant
and also operates a farming business. Rocco
agreed to do some accounting work for his
neighbor in exchange for a dairy cow. The accounting work and the cow are each worth
$1,500. Rocco must include $1,500 in income
for his accounting services. Rocco's basis in the
cow is $1,500.

1. Debt canceled in a bankruptcy case or
when you are insolvent.
Chapter 6

Basis of Assets

Page 33

Taxable Exchanges
A taxable exchange is one in which the gain is
taxable, or the loss is deductible. A taxable gain
or deductible loss is also known as a recognized gain or loss. A taxable exchange occurs
when you receive cash or get property that is
not similar or related in use to the property exchanged. If you receive property in exchange
for other property in a taxable exchange, the
basis of the property you receive is usually its
FMV at the time of the exchange.
Example. You trade a tract of farmland with
an adjusted basis of $20,000 for a tractor that
has an FMV of $60,000. You must report a taxable gain of $40,000 for the land. The tractor
has a basis of $60,000.

Nontaxable Exchanges
A nontaxable exchange is an exchange in
which you are not taxed on any gain and you
cannot deduct any loss. A nontaxable gain or
loss is also known as an unrecognized gain or
loss. If you receive property in a nontaxable exchange, its basis is usually the same as the basis of the property you transferred.

Involuntary Conversions
If you receive property as a result of an involuntary conversion, such as a casualty, theft, or
condemnation, figure the basis of the replacement property you receive using the basis of the
converted property.
Similar or related property. If the replacement property is similar or related in service or
use to the converted property, the replacement
property's basis is the same as the old property's basis on the date of the conversion. However, make the following adjustments.
1. Decrease the basis by the following
amounts.
a. Any loss you recognize on the involuntary conversion.
b. Any money you receive that you do
not spend on similar property.
2. Increase the basis by the following
amounts.
a. Any gain you recognize on the involuntary conversion.
b. Any cost of acquiring the replacement
property.
Money or property not similar or related. If
you receive money or property not similar or related in service or use to the converted property
and you buy replacement property similar or related in service or use to the converted property, the basis of the replacement property is its
cost decreased by the gain not recognized on
the involuntary conversion.
Allocating the basis. If you buy more than
one piece of replacement property, allocate
your basis among the properties based on their
respective costs.

Page 34

Chapter 6

Basis of Assets

Basis for depreciation. Special rules apply in
determining and depreciating the basis of
MACRS property acquired in an involuntary
conversion. For more information, see Figuring
the Deduction for Property Acquired in a Nontaxable Exchange under Figuring Depreciation
Under MACRS in chapter 7.
For more information about involuntary conversions, see chapter 11.

Like-Kind Exchanges
Generally, if you exchange real property you
use in your business or hold for investment
solely for other business or investment real
property of a like kind, you do not recognize the
gain or loss from the exchange. If you also receive non-like-kind property or money as part of
the exchange, you do recognize gain, but only
to the extent of the value of the other property or
money you received in the exchange, and you
do not recognize any loss.
For an exchange to qualify as a like-kind exchange, you must hold for business or investment purposes both the property you transfer
and the property you receive. There must also
be an exchange of like-kind property. For more
information, see Like-Kind Exchanges in chapter 8.
The basis of the property you receive is generally the same as the adjusted basis of the
property you gave up.
Example. You trade farmland for another
larger tract of farmland. Your adjusted basis in
your farmland is $110,000. The FMV of the new
tract of farmland is $150,000. Because this is a
nontaxable exchange, you do not recognize any
gain and your basis in the farmland you receive
is $110,000, the same as the adjusted basis in
the farmland you exchanged.
Exchange expenses. Exchange expenses
are generally the closing costs that you pay.
They include such items as brokerage commissions, attorney fees, and deed preparation fees.
Add them to the basis of the like-kind property
you receive.
Property plus cash. If you trade property in a
like-kind exchange and also pay money, the basis of the property you receive is increased by
the money you paid.
Example. Assume the same facts from the
previous example except you pay an additional
$20,000 in cash. Your adjusted basis in the
newly acquired farming real estate is $130,000
($110,000 adjusted basis of your old farmland
plus the $20,000 cash you paid).
Special rules for related persons. If a
like-kind exchange takes place directly or indirectly between related persons and either party
disposes of the property within 2 years after the
exchange, the exchange no longer qualifies for
like-kind exchange treatment. Each person
must report any gain or loss not recognized on
the original exchange unless the loss is not deductible under the related-party rules. Each person reports it on the tax return filed for the year

in which the later disposition occurred. If this
rule applies, the basis of the property received
in the original exchange will be its FMV. For
more information, see chapter 8.
Basis for depreciation. Special rules apply in
determining and depreciating the basis of
MACRS property acquired in a like-kind transaction. For more information, see Figuring the
Deduction for Property Acquired in a Nontaxable Exchange under Figuring Depreciation Under MACRS in chapter 7.

Partially Nontaxable Exchanges
A partially nontaxable exchange is an exchange
in which you receive property that is not a
like-kind property or money in addition to a
like-kind property. The basis of the property you
receive is the same as the adjusted basis of the
property you gave up with the following adjustments.
1. Decrease the basis by the following
amounts.
a. Any money you receive.
b. Any loss you recognize on the exchange.
2. Increase the basis by the following
amounts.
a. Any additional costs you incur.
b. Any gain you recognize on the exchange.
If the other party to the exchange assumes your
liabilities, treat the debt assumption as money
you received in the exchange.
Example. You trade farmland (basis of
$100,000) for another tract of farmland (FMV of
$110,000) and $30,000 cash. You realize a gain
of $40,000. This is the FMV of the land received
plus the cash minus the basis of the land you
traded ($110,000 + $30,000 − $100,000). Include your gain in income (recognize gain) only
to the extent of the cash received. Your basis in
the land you received is figured as follows.
Basis of land traded . . . . . . . . . . . . .$100,000
Minus: Cash received (adjustment
1a) . . . . . . . . . . . . . . . . . . . . . . . . . . − 30,000
$70,000
Plus: Gain recognized (adjustment
2b) . . . . . . . . . . . . . . . . . . . . . . . . . . + 30,000
Basis of land received

. . . . . . . $100,000

Allocation of basis. If you receive like-kind
and unlike properties in the exchange, allocate
the basis first to the unlike property, other than
money, up to its FMV on the date of the exchange. The rest is the basis of the like-kind
property.
Example. You trade a tract of farmland with
an adjusted basis of $100,000 for another tract
of farmland that has an FMV of $92,500. You
also receive $4,000 in cash and a pickup truck
with an FMV of $11,000. Since only real property qualifies for like-kind exchange treatment,
your receipt of the truck and cash means you
must recognize gain on the exchange. You
realize a gain of $7,500. This is the sum of the

FMV of the tract of farmland you receive, the
FMV of the truck you receive, and the cash you
receive, minus the adjusted basis of the farmland you traded ($92,500 + $11,000 + $4,000 –
$100,000). You include in income (recognize)
all $7,500 of the gain because it is the lesser of
the realized gain ($7,500) and the sum of the
FMV of the unlike property and the cash received ($15,000). Your basis in the properties
you received is figured as follows.
Adjusted basis old farmland . . . . . . $100,000
Minus: Cash received (adjustment
1a) . . . . . . . . . . . . . . . . . . . . . . . . . . − 4,000
$96,000
Plus: Gain recognized (adjustment
2b) . . . . . . . . . . . . . . . . . . . . . . . . . . + 7,500
Total basis of properties
received . . . . . . . . . . . . . . . . $103,500

Allocate the basis of $103,500 first to the unlike
property, the truck ($11,000). This is the truck's
FMV. The rest ($92,500) is the basis in the
farmland.

Sale and Purchase
If you sell property and buy similar property in
two mutually dependent transactions, you may
have to treat the sale and purchase as a single
nontaxable exchange.
Example. You own farmland with a barn.
The properties have a combined adjusted basis
of $70,000, and an FMV of $150,000. You are
interested in another tract of farmland with a
larger barn owned by your neighbor who is interested in exchanging the property with you.
The total FMV of your neighbor's farmland and
barn is $200,000. You want the new barn to
have a larger basis for depreciation, so you arrange to sell your old farmland and barn to your
neighbor for $150,000. Your neighbor then sells
his farmland and barn to you for $200,000.
However, you are treated as having exchanged
the old property for the new property because
the sale and purchase are reciprocal and mutually dependent. Your basis in the new property
is $120,000 ($50,000 cash paid plus $70,000
adjusted basis in your old property), which must
be allocated between the farmland and the
barn.

Property Received as a Gift
To figure the basis of property you receive as a
gift, you must know the donor's adjusted basis
(defined earlier) just before it was given to you.
You must also know its FMV at the time it was
given to you and any gift tax paid on it.
FMV equal to or greater than donor's adjusted basis. If the FMV of the property is equal
to or greater than the donor's adjusted basis,
your basis is the donor's adjusted basis when
you received the gift. Increase your basis by all
or part of any gift tax paid, depending on the
date of the gift.
Also, for figuring gain or loss from a sale or
other disposition of the property, or for figuring
depreciation, depletion, or amortization deductions on business property, you must increase
or decrease your basis (the donor's adjusted

basis) by any required adjustments to basis
while you held the property. See Adjusted Basis, earlier.
If you received a gift during the tax year, increase your basis in the gift (the donor's adjusted basis) by the part of the gift tax paid on it
due to the net increase in value of the gift. Figure the increase by multiplying the gift tax paid
by the following fraction.
Net increase in value of the gift
Amount of the gift
The net increase in value of the gift is the
FMV of the gift minus the donor's adjusted basis. The amount of the gift is its value for gift tax
purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift.
Example. In 2021, you received a gift of
property from your mother that had an FMV of
$50,000. Her adjusted basis was $20,000. The
amount of the gift for gift tax purposes was
$35,000 ($50,000 minus the $15,000 annual
exclusion). She paid a gift tax of $7,100. Your
basis, $26,106, is figured as follows.
Fair market value . . .
Minus: Adjusted basis
Net increase in value

. . . . . . . . . . . . . .

$50,000
− 20,000

. . . . . . . . . . . . . . .

$30,000

. . . . . . . . . . . . . . .

Gift tax paid . . . . . . . . . . . . . . .
Multiplied by ($30,000 ÷ $35,000)

. . . . . .
. . . . . .

Gift tax due to net increase in value . .
Adjusted basis of property to your
mother . . . . . . . . . . . . . . . . . . . .
Your basis in the property . . . . .

$7,100
× 0.86

. . .

$6,106

. . .

+ 20,000

. .

$26,106

Note. If you received a gift before 1977,
your basis in the gift (the donor's adjusted basis) includes any gift tax paid on it. However,
your basis cannot exceed the FMV of the gift
when it was given to you.
FMV less than donor's adjusted basis. If the
FMV of the property at the time of the gift is less
than the donor's adjusted basis, your basis depends on whether you have a gain or a loss
when you dispose of the property. Your basis
for figuring gain is the donor's adjusted basis
plus or minus any required adjustments to basis
while you held the property. Your basis for figuring loss is its FMV when you received the gift
plus or minus any required adjustments to basis
while you held the property. (See Adjusted Basis, earlier.)
If you use the donor's adjusted basis for figuring a gain and get a loss, and then use the
FMV for figuring a loss and get a gain, you have
neither gain nor loss on the sale or other disposition of the property.
Example. You received farmland as a gift
from your parents when they retired from farming. At the time of the gift, the land had an FMV
of $80,000. Your parents' adjusted basis was
$100,000. After you received the land, no
events occurred that would increase or decrease your basis.
If you sell the land for $120,000, you will
have a $20,000 gain because you must use the
donor's adjusted basis at the time of the gift
($100,000) as your basis to figure a gain. If you

sell the land for $70,000, you will have a
$10,000 loss because you must use the FMV at
the time of the gift ($80,000) as your basis to
figure a loss.
If the sales price is between $80,000 and
$100,000, you have neither gain nor loss. For
instance, if the sales price was $90,000 and you
tried to figure a gain using the donor's adjusted
basis ($100,000), you would get a $10,000 loss.
If you then tried to figure a loss using the FMV
($80,000), you would get a $10,000 gain.
Business property. If you hold the gift as
business property, your basis for figuring any
depreciation, depletion, or amortization deductions is the same as the donor's adjusted basis
plus or minus any required adjustments to basis
while you hold the property.

Property Transferred From a
Spouse
The basis of property transferred to you or
transferred in trust for your benefit by your
spouse is the same as your spouse's adjusted
basis. The same rule applies to a transfer by
your former spouse if the transfer is incident to
divorce. However, for property transferred in
trust, adjust your basis for any gain recognized
by your spouse or former spouse if the liabilities
assumed plus the liabilities to which the property is subject are more than the adjusted basis
of the property transferred.
The transferor must give you the records
needed to determine the adjusted basis and
holding period of the property as of the date of
the transfer.
For more information, see Property Settlements in Pub. 504, Divorced or Separated Individuals.

Inherited Property
Your basis in property you inherited from a decedent is generally one of the following.
• The FMV of the property at the date of the
decedent's death. If a federal estate return
is filed, you can use its appraised value.
• The FMV on the alternate valuation date if
the personal representative for the estate
elects to use alternate valuation. For information on the alternate valuation, see the
Instructions for Form 706.
• The decedent's adjusted basis in land to
the extent of the value that is excluded
from the decedent's taxable estate as a
qualified conservation easement.
If a federal estate tax return does not have
to be filed, your basis in the inherited property is
its appraised value at the date of death for state
inheritance or transmission taxes.
Special-use valuation method. Under certain
conditions, when a person dies, the executor or
personal representative of that person's estate
may elect to value qualified real property at
other than its FMV. If so, the executor or personal representative values the qualified real
property based on its use as a farm or other
closely held business. If the executor or personal representative elects this method of
valuation for estate tax purposes, this value is
Chapter 6

Basis of Assets

Page 35

the basis of the property for the qualified heirs.
The qualified heirs should be able to get the
necessary value from the executor or personal
representative of the estate.
If you are a qualified heir who received special-use valuation property, increase your basis
by any gain recognized by the estate or trust
because of post-death appreciation. Post-death
appreciation is the property's FMV on the date
of distribution minus the property's FMV either
on the date of the individual's death or on the alternate valuation date. Figure all FMVs without
regard to the special-use valuation.
You may be liable for an additional estate
tax if, within 10 years after the death of the decedent, you transfer the property or the property
stops being used as a farm. This tax does not
apply if you dispose of the property in a
like-kind exchange or in an involuntary conversion in which all of the proceeds are reinvested
in qualified replacement property. The tax also
does not apply if you transfer the property to a
member of your family and certain requirements
are met.
You can elect to increase your basis in special-use valuation property if it becomes subject
to the additional estate tax. To increase your
basis, you must make an irrevocable election
and pay interest on the additional estate tax figured from the date 9 months after the decedent's death until the date of payment of the additional estate tax. If you meet these
requirements, increase your basis in the property to its FMV on the date of the decedent's
death or the alternate valuation date. The increase in your basis is considered to have occurred immediately before the event that resulted in the additional estate tax.
You make the election by filing, with Form
706-A, United States Additional Estate Tax Return, a statement that:
• Contains your (and the estate's) name, address, and taxpayer identification number;
• Identifies the election as an election under
section 1016(c) of the Internal Revenue
Code;
• Specifies the property for which you are
making the election; and
• Provides any additional information required by the Form 706-A instructions.
For more information, see Form 706, United
States Estate (and Generation-Skipping Transfer) Tax Return; Form 706-A; and the related instructions.

Property Distributed From a
Partnership or Corporation
The following rules apply to determine a partner's basis and a shareholder's basis in property distributed respectively from a partnership
to the partner with respect to the partner's interest in the partnership and from a corporation to
the shareholder with respect to the shareholder's ownership of stock in the corporation.
Partner's basis. Unless there is a complete
liquidation of a partner's interest, the basis of
property (other than money) distributed by a
partnership to the partner is its adjusted basis to
the partnership immediately before the distribution. However, the basis of the property to the
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Chapter 7

partner cannot be more than the adjusted basis
of his or her interest in the partnership reduced
by any money received in the same transaction.
For more information, see Partner's Basis for
Distributed Property in Pub. 541, Partnerships.
Shareholder's basis. The basis of property
distributed by a corporation to a shareholder is
its FMV. For more information about corporate
distributions, see Distributions to Shareholders
in Pub. 542, Corporations.

System (MACRS)

• Listed property
• Basic information on cost depletion

(including timber depletion) and
percentage depletion
• Amortization of the costs of going into
business, reforestation costs, the costs of
pollution control facilities, and the costs of
section 197 intangibles

Useful Items

You may want to see:
Publication

7.
Depreciation,
Depletion, and
Amortization
What's New for 2021
Increased section 179 expense deduction
dollar limits. The maximum amount you can
elect to deduct for most section 179 property
you placed in service in 2021 is $1,050,000.
This limit is reduced by the amount by which the
cost of the property placed in service during the
tax year exceeds $2,620,000. Also, the maximum section 179 expense deduction for sport
utility vehicles placed in service in tax years beginning in 2021 is $26,200. See Dollar Limits
under Section 179 Expense Deduction, later.
Expiration of the treatment for certain race
horses. The 3-year recovery period for race
horses 2 years old or younger will not apply to
horses placed in service after December 31,
2021.

Introduction
If you buy or make improvements to farm property, such as machinery, equipment, livestock,
or a structure with a useful life of more than a
year, you generally cannot deduct its entire cost
in one year. Instead, you must spread the cost
over the time you use the property and deduct
part of it each year. For most types of property,
this is called depreciation.
This chapter gives information on depreciation methods that generally apply to property
placed in service after 1986. For information on
depreciating pre-1987 property, see Pub. 534,
Depreciating Property Placed in Service Before
1987.

Topics

This chapter discusses:

•
•
•
•

Overview of depreciation
Section 179 expense deduction
Special depreciation allowance
Modified Accelerated Cost Recovery

Depreciation, Depletion, and Amortization

463 Travel, Gift, and Car Expenses
463

534 Depreciating Property Placed in
Service Before 1987
534

535 Business Expenses
535

544 Sales and Other Dispositions of
Assets
544

551 Basis of Assets
551

946 How To Depreciate Property
946

Form (and Instructions)
T

T

(Timber), Forest Activities Schedule

3115 Application for Change in
Accounting Method
3115

4562 Depreciation and Amortization
4562

4797 Sales of Business Property
4797

See chapter 16 for information about getting
publications and forms.
It is important to keep good records for
property you depreciate. Do not file
RECORDS these records with your return. Instead,
you should keep them as part of the permanent
records of the depreciated property. They will
help you verify the accuracy of the depreciation
of assets placed in service in the current and
previous tax years. For general information on
recordkeeping, see Pub. 583, Starting a Business and Keeping Records. For specific information on keeping records for section 179
property and listed property, see Pub. 946, How
To Depreciate Property.

Overview of
Depreciation
This overview discusses basic information on
the following.
• What property can be depreciated.
• What property cannot be depreciated.
• When depreciation begins and ends.
• Whether MACRS can be used to figure depreciation.
• What is the basis of your depreciable property.
• How to treat repairs and improvements.
• When you must file Form 4562.
• How you can correct depreciation claimed
incorrectly.

What Property Can Be
Depreciated?
You can depreciate most types of tangible property (except land), such as buildings, machinery, equipment, vehicles, certain livestock,
and furniture. You can also depreciate certain
intangible property, such as copyrights, patents,
and computer software. To be depreciable, the
property must meet all the following requirements.
• It must be property you own.
• It must be used in your business or income-producing activity.
• It must have a determinable useful life.
• It must have a useful life that extends substantially beyond the year you place it in
service.

Property You Own
To claim depreciation, you must usually be the
owner of the property. You are considered as
owning property even if it is subject to a debt.
Leased property. You can depreciate leased
property only if you retain the incidents of ownership in the property. This means you bear the
burden of exhaustion of the capital investment
in the property. If you lease property from
someone to use in your trade or business or for
the production of income, you generally cannot
depreciate its cost because you do not have the
incidents of ownership. You can, however, depreciate any capital improvements you make to
the leased property. See Additions and Improvements under Which Recovery Period Applies in chapter 4 of Pub. 946.
You can generally depreciate the cost of
property you lease to someone even if the lessee (the person leasing from you) has agreed to
preserve, replace, renew, and maintain the
property. However, you cannot depreciate the
cost of the property if the lease provides that
the lessee is to maintain the property and return
to you the same property or its equivalent in
value at the expiration of the lease in as good
condition and value as when leased.
Life tenant. Generally, if you hold business or
investment property as a life tenant, you can
depreciate it as if you were the absolute owner
of the property. See Certain term interests in
property, later, for an exception.

Property Used in Your Business or
Income-Producing Activity
To claim depreciation on property, you must
use it in your business or income-producing activity. If you use property to produce income (investment use), the income must be taxable.
You cannot depreciate property that you use
solely for personal activities. However, if you
use property for business or investment purposes and for personal purposes, you can deduct
depreciation based only on the percentage of
business or investment use.
Example 1. If you use your car for farm
business, you can deduct depreciation based
on its percentage of use in farming. If you also
use it for investment purposes, you can

depreciate it based on its percentage of investment use.
Example 2. If you use part of your home for
business, you may be able to deduct depreciation on that part based on its business use. For
more information, see Business Use of Your
Home in chapter 4.

•
•

You may be able to use the simplified

TIP method to determine your business

use of the home deduction. If you
choose to use the simplified method, you cannot also deduct depreciation on the part of the
home used for business. For more information
about the simplified method, see Pub. 587,
Business Use of Your Home.
Inventory. You can never depreciate inventory
because it is not held for use in your business.
Inventory is any property you hold primarily for
sale to customers in the ordinary course of your
business.
Livestock. Livestock purchased for draft,
breeding, or dairy purposes can be depreciated
only if they are not kept in an inventory account.
Livestock you raise usually has no depreciable
basis because the costs of raising them are deducted and not added to their basis. However,
see Immature livestock under When Does Depreciation Begin and End, later, for a special
rule.

Property Having a Determinable
Useful Life
To be depreciable, your property must have a
determinable useful life. This means it must be
something that wears out, decays, gets used
up, becomes obsolete, or loses its value from
natural causes.
Irrigation systems and water wells. Irrigation systems and wells used in a trade or business can be depreciated if their useful life can
be determined. You can depreciate irrigation
systems and wells composed of masonry, concrete, tile (including drainage tile), metal, or
wood. In addition, you can depreciate costs for
moving dirt to construct irrigation systems and
water wells composed of these materials. However, land preparation costs for center pivot irrigation systems are not depreciable.
Dams, ponds, and terraces. In general, you
cannot depreciate earthen dams, ponds, and
terraces unless the structures have a determinable useful life.

What Property Cannot Be
Depreciated?
Certain property cannot be depreciated, even if
the requirements explained earlier are met. This
includes the following.
• Land. You can never depreciate the cost of
land because land does not wear out, become obsolete, or get used up. The cost of
land generally includes the cost of clearing, grading, planting, and landscaping. Although you cannot depreciate land, you
can depreciate certain costs incurred in
Chapter 7

•

•

preparing land for business use. See chapter 1 of Pub. 946.
Property placed in service and disposed of
in the same year. Determining when property is placed in service is explained later.
Equipment used to build capital improvements. You must add otherwise allowable
depreciation on the equipment during the
period of construction to the basis of your
improvements.
Intangible property such as section 197 intangibles. This property does not have a
determinable useful life and generally cannot be depreciated. However, see Amortization, later. Special rules apply to computer software (discussed below).
Certain term interests (discussed below).

Computer software. Computer software is
generally not a section 197 intangible even if
acquired in connection with the acquisition of a
business, if it meets all of the following tests.
• It is readily available for purchase by the
general public.
• It is subject to a nonexclusive license.
• It has not been substantially modified.
If the software meets the tests above, it can
be depreciated and may qualify for the section
179 expense deduction and the special depreciation allowance (if applicable), discussed
later.
Certain term interests in property. You cannot depreciate a term interest in property created or acquired after July 27, 1989, for any period during which the remainder interest is held,
directly or indirectly, by a person related to you.
This rule does not apply to the holder of a term
interest in property acquired by gift, bequest, or
inheritance. For more information, see chapter 1 of Pub. 946.
Example. You retain a life interest in a dairy
facility but transfer the remainder interest to
your daughter. Your term interest in the dairy facility is not depreciable even though you may
still be using it in your dairy operation.

When Does Depreciation
Begin and End?
You begin to depreciate your property when
you place it in service for use in your trade or
business or for the production of income. You
stop depreciating property either when you
have fully recovered your cost or other basis or
when you retire it from service, whichever happens first.

Placed in Service
Property is placed in service when it is ready
and available for a specific use, whether in a
business activity, an income-producing activity,
a tax-exempt activity, or a personal activity.
Even if you are not using the property, it is in
service when it is ready and available for its
specific use.
Example. You bought a planter for use in
your farm business. The planter was delivered
in December 2020 after harvest was over. You
begin to depreciate the planter in 2020 because

Depreciation, Depletion, and Amortization

Page 37

it was ready and available for its specific use in
2020, even though it will not be used until the
spring of 2021.
If your planter comes unassembled in December 2020 and is put together in February
2021, it is not placed in service until 2021. You
begin to depreciate it in 2021.
If your planter was delivered and assembled
in February 2021 but not used until April 2021, it
is placed in service in February 2021, because
this is when the planter was ready for its specified use. You begin to depreciate it in 2021.
Fruit or nut trees and vines. If you acquire an
orchard, grove, or vineyard before the trees or
vines have reached the income-producing
stage, and they have a preproductive period of
more than 2 years, you must capitalize the preproductive-period costs under the uniform capitalization rules (unless you meet the small business taxpayer exception or elect not to use
these rules). See chapter 6 for information
about the uniform capitalization rules. Your depreciation begins when the trees and vines
reach the income-producing stage (that is,
when they bear fruits, nuts, or grapes in quantities sufficient to commercially warrant harvesting). For information on claiming the special depreciation allowance for certain specified plants
bearing fruits and nuts, see Certain specified
plants, later.
Note. Any farming business that has average annual gross receipts of $26 million or less
for the 3 preceding tax years and is not a tax
shelter is not subject to the uniform capitalization rules.
Immature livestock. Depreciation for livestock begins when the livestock reaches the
age of maturity. If you bought immature livestock for drafting purposes, depreciation begins
when they can be worked. If you bought immature livestock for breeding or dairy purposes,
depreciation begins when they can be bred.
Your basis for depreciation is your initial cost for
the immature livestock.

Idle Property
Continue to claim a deduction for depreciation
on property used in your business or for the production of income even if it is temporarily idle.
For example, if you stop using a machine because there is a temporary lack of a market for
a product made with that machine, continue to
deduct depreciation on the machine.

Cost or Other Basis Fully
Recovered
You stop depreciating property when you have
fully recovered your cost or other basis. This
happens when your section 179 and allowed or
allowable depreciation deductions equal your
cost or investment in the property.

Retired From Service
You stop depreciating property when you retire
it from service, even if you have not fully recovered its cost or other basis. You retire property
from service when you permanently withdraw it
Page 38

Chapter 7

from use in a trade or business or from use in
the production of income because of any of the
following events.
• You sell or exchange the property.
• You convert the property to personal use.
• You abandon the property.
• You transfer the property to a supplies or
scrap account.
• The property is destroyed.
For information on abandonment of property, see chapter 8. For information on destroyed property, see chapter 11, and Pub. 547,
Casualties, Disasters, and Thefts.

Can You Use MACRS To
Depreciate Your Property?
You must use the Modified Accelerated Cost
Recovery System (MACRS) to depreciate most
business and investment property placed in
service after 1986. MACRS is explained later
under Figuring Depreciation Under MACRS.
You cannot use MACRS to depreciate the
following property.
• Property you placed in service before
1987. Use the methods discussed in Pub.
534.
• Certain property owned or used in 1986.
See chapter 1 of Pub. 946.
• Intangible property.
• Films, video tapes, and recordings.
• Certain corporate or partnership property
acquired in a nontaxable transfer.
• Property you elected to exclude from
MACRS.
For more information, see chapter 1 of Pub.
946.

What Is the Basis of Your
Depreciable Property?
To figure your depreciation deduction, you must
determine the basis of your property. To determine basis, you need to know the cost or other
basis of your property.
Cost or other basis. The basis of property
you buy is usually its cost plus amounts you
paid for items such as sales tax, freight
charges, and installation and testing fees. The
cost includes the amount you pay in cash, debt
obligations, other property, or services. For
more information, see chapter 6.
There are times when you cannot use cost
as basis. In these situations, the fair market
value (FMV) or the adjusted basis of the property may be used.
Adjusted basis. To find your property's basis
for depreciation, you may have to make certain
adjustments (increases and decreases) to the
basis of the property for events occurring between the time you acquired the property and
the time you placed it in service.
Basis adjustment for depreciation allowed
or allowable. After you place your property in
service, you must reduce the basis of the property by the depreciation allowed or allowable,
whichever is greater. Depreciation allowed is
depreciation you actually deducted (from which

Depreciation, Depletion, and Amortization

you received a tax benefit). Depreciation allowable is depreciation you are entitled to deduct.
If you do not claim depreciation you are entitled to deduct, you must still reduce the basis of
the property by the full amount of depreciation
allowable.
If you deduct more depreciation than you
should, you must reduce your basis by any
amount deducted from which you received a tax
benefit (the depreciation allowed).
For more information, see chapter 6.

How Do You Treat Repairs
and Improvements?
If you improve depreciable property, you must
treat the improvement as separate depreciable
property. Improvement means an addition to or
partial replacement of property that is a betterment to the property, restores the property, or
adapts it to a new or different use. See Regulations section 1.263(a)-3.
You generally deduct the cost of repairing
business property in the same way as any other
business expense. However, if the cost is for a
betterment to the property, restores the property, or adapts it to a new or different use, you
must treat it as an improvement and depreciate
it. See chapter 1 of Pub. 946 for more information.
Example. You repair a small section on a
corner of the roof of a barn that you rent to others. You deduct the cost of the repair as a business expense. However, if you replace the entire roof, the new roof is considered to be an
improvement because it increases the value
and lengthens the life of the property. You depreciate the cost of the new roof.
Improvements to rented property. You can
depreciate permanent improvements you make
to business property you rent from someone
else.

Do You Have To File
Form 4562?
Use Form 4562 to claim your deduction for depreciation and amortization. You must complete
and attach Form 4562 to your tax return if you
are claiming any of the following.
• A section 179 expense deduction for the
current year or a section 179 carryover
from a prior year.
• Depreciation for property placed in service
during the current year.
• Depreciation on any vehicle or other listed
property, regardless of when it was placed
in service.
• Amortization of costs that began in the current year.
For more information, see the Instructions
for Form 4562.

How Do You Correct
Depreciation Deductions?
If you deducted an incorrect amount of depreciation in any year, you may be able to make a
correction by filing an amended return for that

year. You can file an amended return to correct
the amount of depreciation claimed for any
property in any of the following situations.
• You claimed the incorrect amount because
of a mathematical error made in any year.
• You claimed the incorrect amount because
of a posting error made in any year, for example, omitting an asset from the depreciation schedule.
• You have not adopted a method of accounting for the property placed in service
by you in tax years ending after December
29, 2003.
• You claimed the incorrect amount on property placed in service by you in tax years
ending before December 30, 2003.
Note. You have adopted a method of accounting if you used the same incorrect method of
depreciation for two or more consecutively filed
returns.
If you are not allowed to make the correction
on an amended return, you may be able to
change your accounting method to claim the
correct amount of depreciation. See the Instructions for Form 3115.

Section 179 Expense
Deduction
You can elect to recover all or part of the cost of
certain qualifying property, up to a limit, by deducting it in the year you place the property in
service. This is the section 179 expense deduction. You can elect the section 179 expense deduction instead of recovering the cost by taking
depreciation deductions.
This part of the chapter explains the rules for
the section 179 expense deduction. It explains
what property qualifies for the deduction, what
property does not qualify for the deduction, the
limits that may apply, how to elect the deduction, and when you may have to recapture the
deduction.
For more information, see chapter 2 of Pub.
946.

What Property Qualifies?
To qualify for the section 179 expense deduction, your property must meet all the following
requirements.
• It must be eligible property.
• It must be acquired primarily for business
use.
• It must have been acquired by purchase.

Eligible Property
To qualify for the section 179 expense deduction, your property must be one of the following
types of depreciable property.
1. Tangible personal property.
2. Other tangible property (except buildings
and their structural components) used as:
a. An integral part of manufacturing, production, or extraction or of furnishing
transportation, communications,

electricity, gas, water, or sewage disposal services;
b. A research facility used in connection
with any of the activities in (a) above;
or
c. A facility used in connection with any
of the activities in (a) for the bulk storage of fungible commodities.
3. Single-purpose agricultural (livestock) or
horticultural structures.
4. Storage facilities (except buildings and
their structural components) used in connection with distributing petroleum or any
primary product of petroleum.
5. Qualified real property. (Special rules apply to qualified real property that you elect
to treat as qualified section 179 real property. For more information, see chapter 2
of Pub. 946, and section 179(f) of the Internal Revenue Code.)
6. Off-the-shelf computer software that is
readily available for purchase by the general public, is subject to a nonexclusive
lease, and has not been substantially
modified.
Tangible personal property. Tangible personal property is any tangible property that is
not real property. It includes the following property.
• Machinery and equipment.
• Property contained in or attached to a
building (other than structural components), such as milk tanks, automatic feeders, barn cleaners, and office equipment.
• Gasoline storage tanks and pumps at retail
service stations.
• Livestock, including horses, cattle, hogs,
sheep, goats, and mink and other fur-bearing animals.
Facility used for the bulk storage of fungible commodities. A facility used for the bulk
storage of fungible commodities is qualifying
property for purposes of the section 179 expense deduction if it is used in connection with
any of the activities listed earlier in item (2)(c).
Bulk storage means the storage of a commodity
in a large mass before it is used.
Grain bins. A grain bin is an example of a
storage facility that is qualifying section 179
property. It is a facility used in connection with
the production of grain or livestock for the bulk
storage of fungible commodities.
Single-purpose agricultural or horticultural
structures. A single-purpose agricultural (livestock) or horticultural structure is qualifying
property for purposes of the section 179 expense deduction.
Agricultural structure. A single-purpose
agricultural (livestock) structure is any building
or enclosure specifically designed, constructed,
and used for both the following reasons.
• To house, raise, and feed a particular type
of livestock and its produce.
• To house the equipment, including any replacements, needed to house, raise, or
feed the livestock.

Single-purpose structures are qualifying
property if used, for example, to breed chickens
or hogs, produce milk from dairy cattle, or produce feeder cattle or pigs, broiler chickens, or
eggs. The facility must include, as an integral
part of the structure or enclosure, equipment
necessary to house, raise, and feed the livestock.
Horticultural structure. A single-purpose
horticultural structure is either of the following.
• A greenhouse specifically designed, constructed, and used for the commercial production of plants.
• A structure specifically designed, constructed, and used for the commercial production of mushrooms.
Use of structure. A structure must be used
only for the purpose that qualified it. For example, a hog barn will not be qualifying property if
you use it to house poultry. Similarly, using part
of your greenhouse to sell plants will make the
greenhouse nonqualifying property.
If a structure includes work space, the work
space can be used only for the following activities.
• Stocking, caring for, or collecting livestock
or plants or their produce.
• Maintaining the enclosure or structure.
• Maintaining or replacing the equipment or
stock enclosed or housed in the structure.
Note. Recent legislation has changed the
treatment of qualified improvement property
placed in service after December 31, 2017, to
15-year property under MACRS. See chapter 3
of Pub. 946 for more information.
Qualified real property. Qualified real
property is any qualified improvement property
described in section 168(e)(6), and any of the
following improvements to nonresidential real
property placed in service after the date such
qualified real property was first placed in service.
• Roofs.
• Heating, ventilation, and air conditioning.
• Fire protection and alarms.
• Security systems.

Property Acquired by Purchase
To qualify for the section 179 expense deduction, your property must have been acquired by
purchase. For example, property acquired by
gift or inheritance does not qualify. Property acquired from a related person (that is, your
spouse, ancestors, or lineal descendants) is not
considered acquired by purchase. New or used
equipment you acquired by purchase during the
current tax year qualifies for the section 179 deduction.
Example. Adrian is a farmer. He purchased
two tractors, one from his brother and one from
his father. He placed both tractors in service in
the same year he bought them. The tractor purchased from his father does not qualify for the
section 179 expense deduction because he is a
related person (as defined above). The tractor
purchased from his brother does qualify for the
deduction because Adrian is not a related person (as defined above).

For this purpose, livestock includes poultry.
Chapter 7

Depreciation, Depletion, and Amortization

Page 39

What Property Does Not
Qualify?
Land and improvements. Land and land improvements do not qualify as section 179 property. Land improvements include swimming
pools, paved parking areas, wharves, docks,
bridges, and nonagricultural fences. However,
agricultural fences do qualify as section 179
property. Similarly, field drainage tile also qualifies as section 179 property.
Excepted property. Even if the requirements
explained in the preceding discussions are met,
farmers cannot elect the section 179 expense
deduction for the following property.
• Certain property you lease to others (if you
are a noncorporate lessor).
• Certain property used predominantly to furnish lodging or in connection with the furnishing of lodging.
• Property used by a tax-exempt organization (other than a tax-exempt farmers' cooperative) unless the property is used
mainly in a taxable unrelated trade or business.
• Property used by governmental units or
foreign persons or entities (except property
used under a lease with a term of less than
6 months).

How Much Can You Deduct?
Your section 179 expense deduction is generally the cost of the qualifying property. However, the total amount you can elect to deduct
under section 179 is subject to a dollar limit and
a business income limit. These limits apply to
each taxpayer, not to each business. However,
see Married individuals under Dollar Limits,
later. Also, see the special rules for applying the
limits for partnerships and S corporations under
Partnerships and S Corporations, later.
If you deduct only part of the cost of qualifying property as a section 179 expense deduction, you can generally depreciate the cost you
do not deduct.
Use Part I of Form 4562 to figure your section 179 expense deduction.
Partial business use. When you use property
for business and nonbusiness purposes, you
can elect the section 179 expense deduction
only if you use it more than 50% for business in
the year you place it in service. If you used the
property more than 50% for business, multiply
the cost of the property by the percentage of
business use. Use the resulting business cost
to figure your section 179 expense deduction.
Trade-in of other property. If you buy qualifying property with cash and a trade-in, its cost for
purposes of the section 179 expense deduction
includes only the cash you paid.
Example. Adyo Farms traded two cultivators having a total adjusted basis of $6,800 for a
new cultivator costing $13,200. They received
an $8,000 trade-in allowance for the old cultivators, and paid $5,200 in cash for a new cultivator. Adyo also traded a used pickup truck with
an adjusted basis of $8,000 for a new pickup
Page 40

Chapter 7

truck costing $35,000. They received a $5,000
trade-in allowance on the used pickup truck and
paid $30,000 in cash for the new pickup truck.
For purposes of the section 179 expense
deduction, only the cash paid by Adyo qualifies
for the section 179 expense deduction. Adyo's
business costs that qualify for a section 179 expense deduction are $35,200 ($5,200 +
$30,000). For information on the maximum
amount you can elect to deduct, see Dollar Limits below.

Dollar Limits
The total amount you can elect to deduct under
section 179 for most property placed in service
in 2021 is $1,050,000. If you acquire and place
in service more than one item of qualifying
property during the year, you can allocate the
section 179 expense deduction among the
items in any way, as long as the total deduction
is not more than $1,050,000. You cannot carry
costs in excess of the $1,050,000 limit over to
future years.
Reduced dollar limit for cost exceeding
$2,620,000. If the cost of your qualifying section 179 property placed in service in 2021 is
over $2,620,000, you must reduce the dollar
limit (but not below zero) by the amount of cost
over $2,620,000. If the cost of your section 179
property placed in service during 2021 is
$3,670,000 or more, you cannot take a section
179 expense deduction and you cannot carry
over any of the cost that is more than
$3,670,000.
Example. This year, George Thomas
placed
in
service
machinery
costing
$2,720,000. Because this cost is $100,000
more than $2,620,000, he must reduce his dollar limit to $950,000 ($1,050,000 − $100,000).
He cannot carry over any of the costs that exceed the $950,000 reduced limit.
Limits for sport utility vehicles. The total
amount you can elect to deduct for certain sport
utility vehicles and certain other vehicles placed
in service in 2021 is $26,200. This rule applies
to any 4-wheeled vehicle primarily designed or
used to carry passengers over public streets,
roads, and highways that is rated at more than
6,000 pounds gross vehicle weight and not
more than 14,000 pounds gross vehicle weight.
For more information, see chapter 2 of Pub.
946.
Limits for passenger automobiles. For a
passenger automobile that is placed in service
in 2021, the total section 179 and depreciation
deduction is limited. See Do the Passenger Automobile Limits Apply, later.
Married individuals. If you are married, how
you figure your section 179 expense deduction
depends on whether you file jointly or separately. If you file a joint return, you and your
spouse are treated as one taxpayer in determining any reduction to the dollar limit, regardless
of which of you purchased the property or
placed it in service. If you and your spouse file
separate returns, you are treated as one taxpayer for the dollar limit, including the reduction
for costs over $2,620,000. You must allocate

Depreciation, Depletion, and Amortization

the dollar limit (after any reduction) equally between you, unless you both elect a different allocation. If the percentages elected by each of
you do not total 100%, 50% will be allocated to
each of you.
Joint return after separate returns. If you
and your spouse elect to amend your separate
returns by filing a joint return after the due date
for filing your return, the dollar limit on the joint
return is the lesser of the following amounts.
• The dollar limit (after reduction for any cost
of section 179 property over $2,620,000).
• The total cost of section 179 property you
and your spouse elected to expense on
your separate returns.

Business Income Limit
The total cost you can deduct each year after
you apply the dollar limit is limited to the taxable
income from the active conduct of any trade or
business during the year. Generally, you are
considered to actively conduct a trade or business if you meaningfully participate in the management or operations of the trade or business.
Any cost not deductible in one year under
section 179 because of this limit can be carried
to the next year. See Carryover of disallowed
deduction, later.
Taxable income. In general, figure taxable income for this purpose by totaling the net income and losses from all trades and businesses you actively conducted during the year.
In addition to net income or loss from a sole
proprietorship, partnership, or S corporation,
net income or loss derived from a trade or business also includes the following items.
• Section 1231 gains (or losses) as discussed in chapter 9.
• Interest from working capital of your trade
or business.
• Wages, salaries, tips, or other pay earned
by you (or your spouse if you file a joint return) as an employee of any employer.
In addition, figure taxable income without regard to any of the following.
• The section 179 expense deduction.
• The self-employment tax deduction.
• Any net operating loss carryback or carryforward.
• Any unreimbursed employee business expenses.
Also, see chapter 2 of Publication 946.
Two different taxable income limits. In addition to the business income limit for your section
179 expense deduction, you may have a taxable income limit for some other deduction (for
example, charitable contributions). You may
have to figure the limit for this other deduction
taking into account the section 179 expense deduction. If so, complete the following steps.

Step

Action

1

Figure taxable income without the
section 179 expense deduction or the
other deduction.

2

Figure a hypothetical section 179
expense deduction using the taxable
income figured in Step 1.

3

Subtract the hypothetical section 179
expense deduction figured in Step 2
from the taxable income figured in Step
1.

4

Figure a hypothetical amount for the
other deduction using the amount
figured in Step 3 as taxable income.

5

Subtract the hypothetical other
deduction figured in Step 4 from the
taxable income figured in
Step 1.

6

7

8

Figure your actual section 179 expense
deduction using the taxable income
figured in Step 5.
Subtract your actual section 179
expense deduction figured in Step 6
from the taxable income figured in Step
1.
Figure your actual other deduction using
the taxable income figured in Step 7.

Example. On February 1, 2021, the XYZ
farm corporation purchased and placed in service qualifying section 179 property that cost
$500,000. It elects to expense the entire
$500,000 cost under section 179. In June, the
corporation gave a charitable contribution of
$100,000. A corporation's limit on charitable
contributions is figured after subtracting any
section 179 expense deduction. The business
income limit for the section 179 expense deduction is figured after subtracting any allowable
charitable contributions. XYZ's taxable income
figured without the section 179 expense deduction or the deduction for charitable contributions
is $700,000. XYZ figures its section 179 expense deduction and its deduction for charitable contributions as follows.
Step 1. Taxable income figured without either deduction is $700,000.
Step 2. Using $700,000 as taxable income, XYZ's hypothetical section 179 expense deduction is $500,000.
Step 3. $200,000 ($700,000 − $500,000).
Step 4. Using $200,000 (from Step 3) as
taxable income, XYZ's hypothetical charitable contribution (limited to 10% of taxable
income) is $20,000.
Step 5. $680,000 ($700,000 − $20,000).
Step 6. Using $680,000 (from Step 5) as
taxable income, XYZ figures the actual
section 179 expense deduction. Because
the taxable income is at least $500,000,
XYZ can take a $500,000 section 179 expense deduction.
Step 7. $200,000 ($700,000 − $500,000).
Step 8. Using $200,000 (from Step 7) as
taxable income, XYZ's actual charitable
contribution (limited to 10% of taxable income) is $20,000.
Carryover of disallowed deduction. You can
carry over for an unlimited number of years the
cost of any section 179 property you elected to
expense but were unable to because of the
business income limit.
The amount you carry over is used in determining your section 179 expense deduction in

the next year. However, it is subject to the limits
in that year. If you place more than one property
in service in a year, you can select the properties for which all or a part of the cost will be carried forward. Your selections must be shown in
your books and records.

section 179 costs. However, John's deduction
is limited to his business taxable income of
$700,000 ($500,000 from P plus $200,000 from
his sole proprietorship). He carries over
$50,000 ($750,000 − $700,000) of the elected
section 179 costs to 2022.

Example. Last year, Diana Reynolds
placed in service a machine that cost $100,000
and elected to deduct all $100,000 under section 179. The taxable income from her business
(determined without regard to both a section
179 expense deduction for the cost of the machine and the self-employment tax deduction)
was $80,000. Her section 179 expense deduction was limited to $80,000. The $20,000 cost
that was not allowed as a section 179 expense
deduction (because of the business income
limit) is carried to this year.
This year, Diana placed another machine in
service that cost $110,000. Her taxable income
from business (determined without regard to
both a section 179 expense deduction for the
cost of the machine and the self-employment
tax deduction) is $120,000. Diana can deduct
the full cost of the machine ($110,000) but only
$10,000 of the carryover from last year because
of the business income limit. She can carry over
the balance of $10,000 to next year.

How Do You Elect the
Deduction?

Partnerships and S Corporations
The section 179 expense deduction limits apply
both to the partnership or S corporation and to
each partner or shareholder. The partnership or
S corporation determines its section 179 expense deduction subject to the limits. It then allocates the deduction among its partners or
shareholders.
If you are a partner in a partnership or shareholder of an S corporation, you add the amount
allocated from the partnership or S corporation
to any section 179 costs not related to the partnership or S corporation and then apply the dollar limit to this total. To determine any reduction
in the dollar limit for costs over $2,620,000, you
do not include any of the cost of section 179
property placed in service by the partnership or
S corporation. After you apply the dollar limit,
you apply the business income limit to any remaining section 179 costs. For more information, see chapter 2 of Pub. 946.
Example. In 2021, Partnership P placed in
service section 179 property with a total cost of
$2,720,000. P must reduce its dollar limit by
$100,000 ($2,720,000 − $2,620,000). Its maximum section 179 expense deduction is
$950,000 ($1,050,000 − $100,000), and it
elects to expense that amount. Because P's
taxable income from the active conduct of all its
trades or businesses for the year was
$2,000,000, it can deduct the full $950,000. P
allocates $200,000 of its section 179 expense
deduction and $500,000 of its taxable income
to John, one of its partners.
John also conducts a business as a sole
proprietor and in 2021, placed in service in that
business, section 179 property costing
$800,000. John's taxable income from that
business was $200,000. In addition to the
$200,000 allocated from P, he elects to expense the $550,000 of his sole proprietorship's
Chapter 7

You elect to take the section 179 expense deduction by completing Part I of Form 4562.

!

CAUTION

If you elect the deduction for listed
property, complete Part V of Form
4562 before completing Part I.

File Form 4562 with either of the following.

• Your original tax return (whether or not you
filed it timely).

• An amended return filed within the time

prescribed by law. An election made on an
amended return must specify the item of
section 179 property to which the election
applies and the part of the cost of each
such item to be taken into account. The
amended return must also include any resulting adjustments to taxable income.

Revoking an election. An election (or any
specification made in the election) to take a
section 179 expense deduction for 2021 can be
revoked without IRS approval by filing an amended return. The amended return must be filed
within the time prescribed by law. The amended
return must also include any resulting adjustments to taxable income (for example, allowable depreciation in that tax year for the item of
section 179 property for which the election pertains). Once made, the revocation is irrevocable.

When Must You Recapture
the Deduction?
You may have to recapture the section 179 expense deduction if, in any year during the property's recovery period, the percentage of business use drops to 50% or less. In the year the
business use drops to 50% or less, you include
the recapture amount as ordinary income. You
also increase the basis of the property by the
recapture amount. Recovery periods for property are discussed later.
If you sell, exchange, or otherwise dispose of the property, do not figure the
CAUTION recapture amount under the rules explained in this discussion. Instead, use the rules
for recapturing depreciation explained in chapter 9 under Section 1245 Property.

!

If the property is listed property, do not
figure the recapture amount under the
CAUTION rules explained in this discussion when
the percentage of business use drops to 50% or
less. Instead, use the rules for recapturing depreciation explained in chapter 5 of Pub. 946
under Recapture of Excess Depreciation.

!

Figuring the recapture amount. To figure the
amount to recapture, take the following steps.

Depreciation, Depletion, and Amortization

Page 41

1. Figure the allowable depreciation for the
section 179 expense deduction you
claimed. Begin with the year you placed
the property in service and include the
year of recapture.
2. Subtract the depreciation figured in (1)
from the section 179 expense deduction
you actually claimed. The result is the
amount you must recapture.
Example. In January 2019, Paul Lamb, a
calendar year taxpayer, bought and placed in
service section 179 property costing $10,000.
The property is 3-year property and is depreciated under the Modified Accelerated Cost Recovery System (MACRS) and a half-year convention. The property is not listed property. He
elected a $5,000 section 179 expense deduction for the property and also elected not to
claim a special depreciation allowance. He
used the property only for business in 2019 and
2020. During 2021 he used the property 40%
for business and 60% for personal use. He figures his recapture amount as follows.
Section 179 expense deduction claimed
(2019) . . . . . . . . . . . . . . . . . . . . . . .

. . . . .

Minus: Allowable depreciation
(instead of section 179 expense deduction):
2019 . . . . . . . . . . . . . . . . . . . . . . $1,250
2020 . . . . . . . . . . . . . . . . . . . . . .
1,875
2021 ($1,250 × 40% (business)) . . .
500
2021 — Recapture amount .

. . . . . . . .

$5,000

3,625
$1,375

Paul must include $1,375 in income for
2021.
Where to report recapture. Report any recapture of the section 179 expense deduction
as ordinary income in Part IV of Form 4797 and
include it in income on Schedule F (Form 1040).
Recapture for qualified section 179 GO
Zone property. If any qualified section 179
GO Zone property ceases to be used in the GO
Zone in a later year, you must recapture the
benefit of the increased section 179 expense
deduction as “other income.”

Claiming the Special
Depreciation Allowance
For qualified property (defined below) placed in
service in 2021, you can take a special depreciation allowance depending on the date you acquired the qualified property. The allowance is
an additional deduction you can take before you
figure regular depreciation under MACRS. Figure the special depreciation allowance by multiplying the depreciable basis of the qualified
property by the applicable percentage.

What is Qualified Property?
For farmers, qualified property is certain property acquired after September 27, 2017, and
certain specified plants.
Certain qualified property acquired after
September 27, 2017. You can take a 100%
Page 42

Chapter 7

special depreciation allowance for property acquired and placed in service after September
27, 2017, and before January 1, 2023 (or before
January 1, 2024, for certain property with a long
production period and for certain aircraft). Your
property is qualified property if it meets the following.
1. It is one of the following types of property.
a. Tangible property depreciated under
MACRS with a recovery period of 20
years or less.
b. Water utility property depreciated under MACRS.
c. Computer software defined in and depreciated under section 167(f)(1) of
the Internal Revenue Code.
2. Qualified property can be either new property or certain used property.
3. It is not excepted property.

How Can You Elect Not To
Claim the Allowance?
You can elect, for any class of property, not to
deduct the special depreciation allowance for
all property in such class placed in service during the tax year. To make the election, attach a
statement to your return indicating the class of
property for which you are making the election.
Generally, you must make the election on a
timely filed tax return (including extensions) for
the year in which you place the property in service. However, if you timely filed your return for
the year without making the election, you can
still make the election by filing an amended return within 6 months of the due date of the original return (not including extensions). Attach the
election statement to the amended return. On
the amended return, write “Filed pursuant to
section 301.9100-2.”

For more information, see chapter 3 of Pub.
946.

Once made, the election may not be revoked without IRS consent.

Certain specified plants. You can elect to
claim a 100% special depreciation allowance
for the adjusted basis of certain specified plants
(defined later) bearing fruits and nuts planted or
grafted after September 27, 2017, and before
January 1, 2023.
A specified plant is:
• Any tree or vine that bears fruits or nuts,
and
• Any other plant that will have more than
one yield of fruits or nuts and generally has
a pre-productive period of more than 2
years from planting and grafting to the time
it begins bearing fruits or nuts.

Note. See sections 4 and 5 of Revenue
Procedure 2020-25, 2020-19 I.R.B. 785, available
at
www.irs.gov/irb/2020-19_IRB#REVPROC-2020-25, for special rules for making a
late election or revoking the election to not deduct any special depreciation allowance for any
class of property for tax years ending in 2018,
2019, and 2020. Also, see sections 5 and 6 of
Revenue Procedure 2020-50, 2020-48 I.R.B.
1122,
available
at
www.irs.gov/irb/
2020-48_IRB#REV-PROC-2020-50, for special
rules for making a late election or revoking the
election, to not deduct any special depreciation
allowance for any class of property for tax years
beginning in 2016 through 2020.

Any property planted or grafted outside the
United States does not qualify as a specified
plant.
If you elect to claim the special depreciation
allowance for any specified plant, the plant will
not be treated as qualified property eligible for
the special depreciation allowance in the subsequent tax year in which it is placed in service.
To make the election, attach a statement to
your timely filed return (including extensions) for
the tax year in which you plant or graft the
specified plant(s) indicating you are electing to
apply section 168(k)(5) and identifying the
specified plant(s) for which you are making the
election. The election once made cannot be revoked without IRS consent.
See section 168(k)(5) of the Internal Revenue Code.
Note. See sections 4 and 5 of Revenue
Procedure 2020-25, 2020-19 I.R.B. 785, available
at
www.irs.gov/irb/2020-19_IRB#REVPROC-2020-25, for special rules for making a
late election or revoking the election under section 168(k)(5) of the Internal Revenue Code for
tax years ending in 2018, 2019, and 2020. Also,
see sections 5 and 6 of Revenue Procedure
2020-50, 2020-48 I.R.B. 1122, available at
www.irs.gov/irb/2020-48_IRB#REVPROC-2020-50, for special rules for making a
late election or revoking the election under section 168(k)(5), for tax years beginning in 2016
through 2020.

Depreciation, Depletion, and Amortization

If you elect not to have the special depreciation allowance apply, the propCAUTION erty may be subject to an alternative
minimum tax adjustment for depreciation.

!

When Must You Recapture
an Allowance?
When you dispose of property for which you
claimed a special depreciation allowance, any
gain on the disposition is generally recaptured
(included in income) as ordinary income up to
the amount of the special depreciation allowance previously allowed or allowable. For more
information, see chapter 3 of Pub. 946.

Figuring Depreciation
Under MACRS
The Modified Accelerated Cost Recovery System (MACRS) is used to recover the basis of
most business and investment property placed
in service after 1986. MACRS consists of two
depreciation systems, the General Depreciation
System (GDS) and the Alternative Depreciation
System (ADS). Generally, these systems provide different methods and recovery periods to
use in figuring depreciation deductions.

Table 7-1. Farm Property Recovery Periods
Recovery Period in Years
ADS

Agricultural structures (single purpose)
Automobiles . . . . . . . . . . . . . . . . . .

.

GDS
.

Assets
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10
5

15
5

Calculators and copiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cattle (dairy or breeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Communication equipment1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Computer and peripheral equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5
5
7
5

6
7
10
5

Drainage facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Farm buildings2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New farm machinery and equipment3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Used farm machinery and equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fences (agricultural) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15
20
5
7
7

20
25
10
10
10

5
7

5
10

3

3

7
3
3
10

10
10
12
15

Goats and sheep (breeding)
Grain bin . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hogs (breeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Horses (age when placed in service)
Breeding and working (12 years or less) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Breeding and working (more than 12 years) . . . . . . . . . . . . . . . . . . . . . . . . .
Racing horses (more than 2 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Horticultural structures (single purpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Logging machinery and equipment4
Nonresidential real property

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Office furniture, fixtures, and equipment (not calculators, copiers, or typewriters)
Paved lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residential rental property

. . .
. . .

5

6

395

40

7
15

10
20

27.5

40

Tractor units (over-the-road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trees or vines bearing fruits or nuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Truck (heavy duty, unloaded weight 13,000 lbs. or more) . . . . . . . . . . . . . . . . . . .
Truck (actual weight less than 13,000 lbs.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3
10
5
5

4
20
6
5

Water wells

15

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Not including communication equipment listed in other classes.
2
Not including single-purpose agricultural or horticultural structures.
3
Not including grain bin, cotton ginning, asset fence, or other land improvement and the original use
starts with you and placed in service after December 31, 2017.
4
Used by logging and sawmill operators for cutting of timber.
5
For property placed in service after May 12, 1993; for property placed in service before May 13, 1993,
the recovery period is 31.5 years.
1

To be sure you can use MACRS to figure depreciation for your property, see
CAUTION Can You Use MACRS To Depreciate
Your Property, earlier.

!

This part explains how to determine which
MACRS depreciation system applies to your
property. It also discusses the following information that you need to know before you can
figure depreciation under MACRS.
• Property's recovery class.
• Placed-in-service date.
• Basis for depreciation.
• Recovery period.
• Convention.
• Depreciation method.
Finally, this part explains how to use this information to figure your depreciation deduction.

Which Depreciation System
(GDS or ADS) Applies?
Your use of either the General Depreciation
System (GDS) or the Alternative Depreciation
System (ADS) to depreciate property under
MACRS determines what depreciation method
and recovery period you use. You must generally use GDS unless you are specifically

required by law to use ADS or you elect to use
ADS.
Required use of ADS. You must use ADS for
the following property.
• All property used predominantly in a farming business and placed in service in any
tax year during which an election not to apply the uniform capitalization rules to certain farming costs is in effect.
• Listed property used 50% or less in a
qualified business use. See Additional
Rules for Listed Property, later.
• Any tax-exempt use property.
• Any tax-exempt bond-financed property.
• Any property imported from a foreign country for which an Executive Order is in effect
because the country maintains trade restrictions or engages in other discriminatory acts.
• Any tangible property used predominantly
outside the United States during the year.
Note. You must use ADS if you are required
to file Form 8990 and you elect to expense
farming interest expense.

Chapter 7

!

CAUTION

ance.

If you are required to use ADS to depreciate your property, you cannot
claim the special depreciation allow-

Electing ADS. Although your property may
qualify for GDS, you can elect to use ADS. The
election must generally cover all property in the
same property class you placed in service during the year. However, the election for residential rental property and nonresidential real property can be made on a property-by-property
basis. Once you make this election, you can
never revoke it.
You make the election by completing line 20
in Part III of Form 4562.
Note. See sections 4 and 5 of Revenue
Procedure 2020-25, 2020-19 I.R.B. 785, available
at
www.irs.gov/irb/2020-19_IRB#REVPROC-2020-25, for special rules for making a
late election or withdrawing the election to use
ADS for tax years ending in 2018, 2019, and
2020.

Which Property Class
Applies Under GDS?
The following is a list of the nine property
classes under GDS.
1. 3-year property.
2. 5-year property.
3. 7-year property.
4. 10-year property.
5. 15-year property.
6. 20-year property.
7. 25-year property.
8. Residential rental property.
9. Nonresidential real property.
See Which Property Class Applies Under GDS
in chapter 4 of Pub. 946 for examples of the
types of property included in each class.

What Is the
Placed-in-Service Date?
You begin to claim depreciation when your
property is placed in service for use either in a
trade or business or for the production of income. The placed-in-service date for your property is the date the property is ready and available for a specific use. It is therefore not
necessarily the date it is first used. If you converted property held for personal use to use in a
trade or business or for the production of income, treat the property as being placed in
service on the conversion date. See Placed in
Service under When Does Depreciation Begin
and End, earlier, for examples illustrating when
property is placed in service.
Also, see Certain specified plants, earlier,
for information on the placed-in-service date for
specified plants bearing fruits and nuts for
which you elect to claim the special depreciation allowance.

Depreciation, Depletion, and Amortization

Page 43

What Is the Basis for
Depreciation?
The basis for depreciation of MACRS property
is the property's cost or other basis multiplied
by the percentage of business/investment use.
Reduce that amount by any credits and deductions allocable to the property. The following are
examples of some of the credits and deductions
that reduce basis.
• Any deduction for section 179 property.
• Any deduction for removal of barriers to
the disabled and the elderly.
• Any disabled access credit, enhanced oil
recovery credit, and credit for employer-provided childcare facilities and
services.
• Any special depreciation allowance.
• Basis adjustment for investment credit
property under section 50(c) of the Internal
Revenue Code.
For information about how to determine the cost
or other basis of property, see What Is the Basis
of Your Depreciable Property, earlier. Also, see
chapter 6.
For additional credits and deductions that
affect basis, see section 1016 of the Internal
Revenue Code.

Which Recovery Period
Applies?
The recovery period of property is the number
of years over which you recover its cost or other
basis. It is determined based on the depreciation system (GDS or ADS) used. See Table 7-1
for recovery periods under both GDS and ADS
for some commonly used assets. For a complete list of recovery periods, see the Table of
Class Lives and Recovery Periods in Appendix
B of Pub. 946.
House trailers for farm laborers. To depreciate a house trailer you supply as housing
for those who work on your farm, use one of the
following recovery periods if the house trailer is
mobile (it has wheels and a history of movement).
• A 7-year recovery period under GDS.
• A 10-year recovery period under ADS.
However, if the house trailer is not mobile
(its wheels have been removed and permanent
utilities and pipes attached to it), use one of the
following recovery periods.
• A 20-year recovery period under GDS.
• A 25-year recovery period under ADS.

Which Convention Applies?
Under MACRS, averaging conventions establish when the recovery period begins and ends.
The convention you use determines the number
of months for which you can claim depreciation
in the year you place property in service and in
the year you dispose of the property. Use one
of the following conventions.
• The half-year convention.
• The mid-month convention.
• The mid-quarter convention.
For a detailed explanation of each convention, see Which Convention Applies in chapter 4
of Pub. 946. Also, see the Instructions for Form
4562.

Which Depreciation Method
Applies?
MACRS provides three depreciation methods
under GDS and one depreciation method under
ADS.
• The 200% declining balance method over
a GDS recovery period.
• The 150% declining balance method over
a GDS recovery period.
• The straight line method over a GDS recovery period.
• The straight line method over an ADS recovery period.
Depreciation Table. The following table lists
the types of property you can depreciate under
each method. The declining balance method is
abbreviated as DB and the straight line method
is abbreviated as SL.

Depreciation Table
System/Method

• All 15- and 20-year property

GDS using SL

• Nonresidential real property

• Farm or Nonfarm 3-, 5-, 7-, and
10-year property1
• Residential rental property
• Trees or vines bearing fruits or
nuts
• All 3-, 5-, 7-, 10-, 15-, and
20-year property1

ADS using SL

• Property used predominantly outside the United
States
• Farm property used when an
election not to apply the
uniform capitalization rules is
in effect
• Tax-exempt property
• Tax-exempt bond-financed
property
• Imported property2
• Any property for which you
elect to use this method1

Water wells. Water wells used to provide
water for raising poultry and livestock are land
improvements. If they are depreciable, use one
of the following recovery periods.
• A 15-year recovery period under GDS.
• A 20-year recovery period under ADS.
The types of water wells that can be depreciated were discussed earlier in Irrigation systems and water wells under Property Having a
Determinable Useful Life.

Type of Property

GDS using
150% DB

GDS using
200% DB

• Nonfarm 3-, 5-, 7-, and
10-year property
• Farm 3-, 5-, 7-, and 10-year
property placed in service after
2017

Elective method
See section 168(g)(6) of the Internal Revenue
Code

1
2

Page 44

Chapter 7

Depreciation, Depletion, and Amortization

Property used in farming business. For 3-,
5-, 7-, or 10-year property used in a farming
business and placed in service after 2017, the
150% declining balance method is no longer required. However, for 15- or 20-year property
placed in service in a farming business, you
must use the 150% declining balance method
over a GDS recovery period or you can elect
one of the following methods.
• The straight line method over a GDS recovery period.
• The straight line method over an ADS recovery period.
For property placed in service before
1999, you could have elected to use
CAUTION the 150% declining balance method
using the ADS recovery periods for certain
property classes. If you made this election, continue to use the same method and recovery period for that property.

!

Real property. You can depreciate real property using the straight line method under either
GDS or ADS.
Switching to straight line. If you use a declining balance method, you switch to the straight
line method in the year it provides an equal or
greater deduction. If you use the MACRS percentage tables, discussed later under How Is
the Depreciation Deduction Figured, you do not
need to determine in which year your deduction
is greater using the straight line method. The tables have the switch to the straight line method
built into their rates.
Fruit or nut trees and vines. Depreciate
trees and vines bearing fruits or nuts under
GDS using the straight line method over a
10-year recovery period.
ADS required for some farmers. If you elect
not to limit interest expense, you must use ADS
to depreciate any property with a recovery period of 10 years or more. See chapter 4 for a
discussion of interest rules. If you elect not to
apply the uniform capitalization rules to any
plant shown in Table 6-1 of chapter 6 and produced in your farming business, you must use
ADS for all property you place in service in any
year the election is in effect. See chapter 6 for a
discussion of the application of the uniform capitalization rules to farm property.
Electing a different method. As shown in the
Depreciation Table, you can elect a different
method for depreciation for certain types of
property. You must make the election by the
due date of the return (including extensions) for
the year you placed the property in service.
However, if you timely filed your return for the
year without making the election, you can still
make the election by filing an amended return
within 6 months of the due date of your return
(excluding extensions). Attach the election to
the amended return and write “Filed pursuant to
section 301.9100-2” on the election statement.
File the amended return at the same address
you filed the original return. Once you make the
election, you cannot change it.

If you elect to use a different method
for one item in a property class, you
CAUTION must apply the same method to all
property in that class placed in service during
the year of the election. However, you can
make the election on a property-by-property basis for residential rental and nonresidential real
property.

!

Straight line election. Instead of using the
declining balance method, you can elect to use
the straight line method over the GDS recovery
period. Make the election by entering “S/L” under column (f) in Part III of Form 4562.
ADS election. As explained earlier under
Which Depreciation System (GDS or ADS) Applies, you can elect to use ADS even though
your property may come under GDS. ADS uses
the straight line method of depreciation over the
ADS recovery periods, which are generally longer than the GDS recovery periods. The ADS
recovery periods for many assets used in the
business of farming are listed in Table 7-1. Additional ADS recovery periods for other classes
of property may be found in the Table of Class
Lives and Recovery Periods in Appendix B of
Pub. 946.

How Is the Depreciation
Deduction Figured?
To figure your depreciation deduction under
MACRS, you first determine the depreciation
system, property class, placed-in-service date,
basis amount, recovery period, convention, and
depreciation method that applies to your property. Then you are ready to figure your depreciation deduction. You can figure it in one of two
ways.
• You can use the percentage tables provided by the IRS.
• You can figure your own deduction without
using the tables.

!

CAUTION

Figuring your own MACRS deduction
will generally result in a slightly different amount than using the tables.

Using the MACRS Percentage
Tables
To help you figure your deduction under
MACRS, the IRS has established percentage
tables that incorporate the applicable convention and depreciation method. These percentage tables are in Appendix A of Pub. 946.
Rules for using the tables. The following
rules cover the use of the percentage tables.
1. You must apply the rates in the percentage tables to your property's unadjusted
basis. Unadjusted basis is the same basis
amount you would use to figure gain on a
sale but figured without reducing your original basis by any MACRS depreciation
taken in earlier years.

3. You must generally continue to use them
for the entire recovery period of the property.
4. You must stop using the tables if you adjust the basis of the property for any reason other than:
a. Depreciation allowed or allowable, or
b. An addition or improvement to the
property, which is depreciated as a
separate property.
Basis adjustment due to casualty loss.
If you reduce the basis of your property because of a casualty, you cannot continue to use
the percentage tables. For the year of the adjustment and the remaining recovery period,
you must figure the depreciation yourself using
the property's adjusted basis at the end of the
year. See Figuring the Deduction Without Using
the Tables in chapter 4 of Pub. 946.
Figuring depreciation using the 150% DB
method and half-year convention. Table 7-2
has the percentages for 3-, 5-, 7-, and 20-year
property. The percentages are based on the
150% declining balance method with a change
to the straight line method. This table covers
only the half-year convention and the first 8
years for 20-year property. See Appendix A of
Pub. 946 for complete MACRS tables, including
tables for the mid-quarter and mid-month convention.
The following examples show how to figure
depreciation under MACRS using the percentages in Table 7-2.
Example 1. During the year, you bought an
item of 7-year property for $10,000 and placed
it in service. You do not elect a section 179 expense deduction for this property. In addition,
the property is not qualified property for purposes of the special depreciation allowance. The
unadjusted basis of the property is $10,000.
You use the percentages in Table 7-2 to figure
your deduction.
Since this is 7-year property, you multiply
$10,000 by 10.71% to get this year's depreciation of $1,071. For next year, your depreciation
will be $1,913 ($10,000 × 19.13%).
Example 2. You had a barn constructed on
your farm at a cost of $20,000. You placed the
barn in service this year. You elect not to claim
the special depreciation allowance. The barn is
20-year property and you use the table percentages to figure your deduction. You figure this
year's depreciation by multiplying $20,000 (unadjusted basis) by 3.75% to get $750. For next
year, your depreciation will be $1,443.80
($20,000 × 7.219%).

Table 7-2. 150% Declining Balance
Method (Half-Year Convention)
Year 3-Year
1
2
3
4
5
6
7
8

25.0%
37.5
25.0
12.5

5-Year

7-Year

20-Year

15.00%
25.50
17.85
16.66
16.66
8.33

10.71%
19.13
15.03
12.25
12.25
12.25
12.25
6.13

3.750%
7.219
6.677
6.177
5.713
5.285
4.888
4.522

Figuring depreciation using the straight
line method and half-year convention. The
following table has the straight line percentages
for 3-, 5-, 7-, and 20-year property using the
half-year convention. The table covers only the
first 8 years for 20-year property. See Appendix
A of Pub. 946 for complete MACRS tables, including tables for the mid-quarter and
mid-month convention.

Table 7-3. Straight Line Method
(Half-Year Convention)
Year

3-Year

5-Year

1
2
3
4
5
6
7
8

16.67%
33.33
33.33
16.67

10%
20
20
20
20
10

7-Year 20-Year
7.14%
14.29
14.29
14.28
14.29
14.28
14.29
7.14

2.5%
5.0
5.0
5.0
5.0
5.0
5.0
5.0

The following example shows how to figure
depreciation under MACRS using the straight
line percentages in Table 7-3.
Example. If in Example 2, earlier, you had
elected the straight line method, you figure this
year's depreciation by multiplying $20,000 (unadjusted basis) by 2.5% to get $500. For next
year, your depreciation will be $1,000
($20,000 × 5%).

Figuring Depreciation Without the
Tables
If you are required to or would prefer to figure
your own depreciation without using the tables,
see Figuring the Deduction Without Using the
Tables in chapter 4 of Pub. 946.

Figuring the Deduction for
Property Acquired in a Nontaxable
Exchange
If your property has a carryover basis because
you acquired it in an exchange or involuntary
conversion of other property or in a nontaxable
transfer, you generally figure depreciation for
the property as if the exchange, conversion, or
transfer had not occurred.

2. You cannot use the percentage tables for
a short tax year. See chapter 4 of Pub.
946 for information on how to figure the
deduction for a short tax year.

Property acquired in a like-kind exchange
or involuntary conversion. You must generally depreciate the carryover basis of MACRS

Chapter 7

Depreciation, Depletion, and Amortization

Page 45

property acquired in a like-kind exchange or involuntary conversion over the remaining recovery period of the property exchanged or involuntarily converted. You also generally continue
to use the same depreciation method and convention used for the exchanged or involuntarily
converted property. This applies only to acquired property with the same or a shorter recovery period and the same or more accelerated depreciation method than the property
exchanged or involuntarily converted. The excess basis, if any, of the acquired MACRS
property is treated as newly placed in service
MACRS property.
Election out. You can elect not to use the
above rules. The election, if made, applies to
both the acquired property and the exchanged
or involuntarily converted property. If you make
the election, figure depreciation by treating the
carryover basis and excess basis, if any, for the
acquired property as if placed in service the
later of the date you acquired it, or the time of
the disposition of the exchanged or involuntarily
converted property. For depreciation purposes,
the adjusted basis of the exchanged or involuntarily converted property is treated as if it was
disposed of at the time of the exchange or conversion.
When to make the election. You must
make the election on a timely filed return (including extensions) for the year of replacement.
Once made, the election may not be revoked
without IRS consent.
For more information and special rules, see
chapter 4 of Pub. 946.
Property acquired in a nontaxable transfer.
You must depreciate MACRS property acquired
by a corporation or partnership in certain nontaxable transfers over the property's remaining
recovery period in the transferor's hands, as if
the transfer had not occurred. You must continue to use the same depreciation method and
convention as the transferor. You can depreciate the part of the property's basis in excess of
its carried-over basis (the transferor's adjusted
basis in the property) as newly purchased
MACRS property. For information on the kinds
of nontaxable transfers covered by this rule, see
chapter 4 of Pub. 946.

How Do You Use General
Asset Accounts?
To make it easier to figure MACRS depreciation, you can group separate assets into one or
more general asset accounts (GAAs). You can
then depreciate all the assets in each account
as a single asset. Each account must include
only assets of the same recovery period, depreciation method, and convention. You cannot include an asset if you use it in both a personal
activity and a trade or business (or for the production of income) in the year in which you first
placed it in service.
After you have set up a GAA, you generally
figure the depreciation for it by using the applicable depreciation method, recovery period,
and convention for the assets in the GAA. For
each GAA, record the depreciation allowance in
a separate depreciation reserve account.
Page 46

Chapter 7

There are additional rules for grouping assets in a GAA, figuring depreciation for a GAA,
disposing of GAA assets, and terminating GAA
treatment. Special rules apply in determining
the basis and figuring the depreciation deduction for MACRS property in a GAA acquired in a
like-kind exchange or involuntary conversion.
For more details, see Regulations section
1.168(i)-1 (as in effect for tax years beginning
after December 31, 2013). Also, see chapter 4
of Pub. 946.

When Do You Recapture
MACRS Depreciation?
When you dispose of property you depreciated
using MACRS, any gain on the disposition is
generally recaptured (included in income) as ordinary income up to the amount of the depreciation previously allowed or allowable for the
property. For more information on depreciation
recapture, see chapter 9. Also, see chapter 4 of
Pub. 946.

Additional Rules for
Listed Property
Listed property includes cars and other property
used for transportation, property used for entertainment, and certain computers.
Deductions for listed property (other than
certain leased property) are subject to the following special rules and limits.
• Deduction for employees.
• Business-use requirement.
• Passenger automobile limits and rules.

What Is Listed Property?
Listed property is any of the following.
• Passenger automobiles weighing 6,000
pounds or less.
• Any other property used for transportation,
unless it is an excepted vehicle.
• Property generally used for entertainment,
recreation, or amusement.
• Certain aircraft.
Passenger automobiles. A passenger automobile is any 4-wheeled vehicle made primarily
for use on public streets, roads, and highways
and rated at 6,000 pounds or less of unloaded
gross vehicle weight (6,000 pounds or less of
gross vehicle weight for trucks and vans). It includes any part, component, or other item physically attached to the automobile or usually included in the purchase price of an automobile.
Electric passenger automobiles are vehicles
produced by an original equipment manufacturer and designed to run primarily on electricity.
Note. A truck or van that is a qualified nonpersonal use vehicle is not considered a passenger automobile. See Qualified nonpersonal use
vehicles under Passenger Automobiles in chapter 5 of Pub. 946 for the definition of qualified
nonpersonal use vehicles.

Depreciation, Depletion, and Amortization

For most vehicles, the gross vehicle

TIP weight rating can generally be found on
the driver door post of the vehicle.

Other property used for transportation.
This includes trucks, buses, boats, airplanes,
motorcycles, and other vehicles used for transporting persons or goods.
Excepted vehicles. Other property used
for transportation does not include the following
vehicles.
• Tractors and other special purpose farm
vehicles.
• Bucket trucks (cherry pickers), dump
trucks, flatbed trucks, and refrigerated
trucks.
• Combines, cranes and derricks, and forklifts.
• Any vehicle designed to carry cargo with a
loaded gross vehicle weight of over 14,000
pounds.
For more information, see chapter 5 of Pub.
946.

What Is the Business-Use
Requirement?
You can claim the section 179 expense deduction for listed property and depreciate listed
property using GDS and a declining balance
method, if the property meets the business-use
requirement. To meet this requirement, listed
property must be used predominantly (more
than 50% of its total use) for qualified business
use. To determine whether the business-use requirement is met, you must allocate the use of
any item of listed property used for more than
one purpose during the year among its various
uses.

Do the Passenger
Automobile Limits Apply?
The depreciation deduction (including the section 179 expense deduction) you can claim for a
passenger automobile each year is limited. The
passenger automobile limits are the maximum
depreciation amounts you can deduct for a passenger automobile. They are based on the date
you placed the vehicle in service. See chapter 5
of Pub. 946 for tables that show the maximum
depreciation deduction for passenger automobiles. Also, see the Instructions for Form 4562.
For information about deducting expenses
for the business use of your passenger automobile, see chapter 4 of Pub. 463.
Deductions for passenger automobiles acquired in a trade-in. Special rules apply in figuring the depreciation for a passenger automobile received in a like-kind exchange or
involuntary conversion. See chapter 5 of Pub.
946 and Regulations section 1.168(i)-6(d)(3).

Depletion
Depletion is the using up of natural resources
by mining, quarrying, drilling, or cutting. The depletion deduction allows an owner or operator

to account for the reduction of a product's reserves.

IF you use...

THEN the units sold
during the year are...

Who Can Claim Depletion?

The cash method of
accounting

If you have an economic interest in mineral
property or standing timber (defined below),
you can take a deduction for depletion. More
than one person can have an economic interest
in the same mineral deposit or timber.

The units sold for which
you receive payment during
the tax year (regardless of
the year of sale).

An accrual method of
accounting

The units sold based on
your inventories.

You have an economic interest if both the
following apply.
• You have acquired by investment any interest in mineral deposits or standing timber.
• You have a legal right to income from the
extraction of the mineral or the cutting of
the timber, to which you must look for a return of your capital investment.
A contractual relationship that allows you an
economic or monetary advantage from products of the mineral deposit or standing timber is
not, in itself, an economic interest. A production
payment carved out of, or retained on the sale
of, mineral property is not an economic interest.
Mineral property is each separate interest
you own in each mineral deposit in each separate tract or parcel of land. You can treat two or
more separate interests as one property or as
separate properties. See section 614 of the Internal Revenue Code and the related regulations for rules on how to treat separate mineral
interests.
Timber property is your economic interest in
standing timber in each tract or block representing a separate timber account.

Figuring Depletion
There are two ways of figuring depletion.
• Cost depletion.
• Percentage depletion.
For mineral property, you must generally use
the method that gives you the larger deduction.
For standing timber, you must use cost depletion.

Cost Depletion
To figure cost depletion, you must first determine the following.
• The property's basis for depletion.
• The total recoverable units of mineral in the
property's natural deposit.
• The number of units of mineral sold during
the tax year.
You must estimate or determine recoverable
units (tons, barrels, board feet, thousands of cubic feet, or other measure) using the current industry method and the most accurate and reliable information you can obtain.
Basis for depletion and total recoverable
units are explained in chapter 9 of Pub. 535.
Number of units sold. You determine the
number of units sold during the tax year based
on your method of accounting. Use the following table to make this determination.

The number of units sold during the tax year
does not include any units for which depletion
deductions were allowed or allowable in earlier
years.
Figuring the cost depletion deduction.
Once you have figured your property's basis for
depletion, the total recoverable units, and the
number of units sold during the tax year, you
can figure your cost depletion deduction by taking the following steps.
Step

Action

1

Divide your property's basis
for depletion by total
recoverable units.

Rate per unit.

2

Multiply the rate per unit by
units sold during the tax
year.

Cost depletion
deduction.

Result

Cost depletion for ground water in Ogallala Formation. Farmers who extract ground
water from the Ogallala Formation for irrigation
are allowed cost depletion. Cost depletion is allowed when it can be demonstrated the ground
water is being depleted and the rate of recharge
is so low that, once extracted, the water would
be lost to the taxpayer and immediately succeeding generations. To figure your cost depletion deduction, use the guidance provided in
Revenue Procedure 66-11 in Cumulative Bulletin 1966-1.

Timber Depletion
Depletion takes place when you cut standing
timber (including Christmas trees). You can figure your depletion deduction when the quantity
of cut timber is first accurately measured in the
process of exploitation.
Figuring the timber depletion deduction. To
figure your cost depletion allowance, multiply
the number of units of standing timber cut by
your depletion unit.
Timber units. When you acquire timber
property, you must make an estimate of the
quantity of marketable timber that exists on the
property. You measure the timber using board
feet, log scale, cords, or other units. If you later
determine that you have more or less units of
timber, you must adjust the original estimate.
Depletion units. You figure your depletion
unit each year by taking the following steps.
1. Determine your cost or the adjusted basis
of the timber on hand at the beginning of
the year.
2. Add to the amount determined in (1) the
cost of any timber units acquired during
the year and any additions to capital.

Chapter 7

3. Figure the number of timber units to take
into account by adding the number of timber units acquired during the year to the
number of timber units on hand in the account at the beginning of the year and
then adding (or subtracting) any correction
to the estimate of the number of timber
units remaining in the account.
4. Divide the result of (2) by the result of (3).
This is your depletion unit.
When to claim timber depletion. Claim your
depletion allowance as a deduction in the year
of sale or other disposition of the products cut
from the timber, unless you elect to treat the
cutting of timber as a sale or exchange, as explained in chapter 8. Include allowable depletion for timber products not sold during the tax
year the timber is cut, as a cost item in the closing inventory of timber products for the year.
The inventory is your basis for determining gain
or loss in the tax year you sell the timber products.
Form T (Timber). Complete and attach Form
T (Timber) to your income tax return if you are
claiming a deduction for timber depletion, electing to treat the cutting of timber as a sale or exchange, or making an outright sale of timber.
See the Instructions for Form T (Timber).
Example. Alex Borsht bought a farm that
included standing timber. This year Alex determined that the standing timber could produce
300,000 units when cut. At that time, the adjusted basis of the standing timber was $24,000.
Alex then cut and sold 27,000 units. (Alex did
not elect to treat the cutting of the timber as a
sale or exchange.) Alex's depletion for each unit
for the year is $.08 ($24,000 ÷ 300,000). His deduction for depletion is $2,160 (27,000 × $.08).
If Alex had cut 27,000 units but sold only 20,000
units during the year, his depletion for each unit
would have remained at $.08. However, his depletion deduction would have been $1,600
(20,000 × $.08) for this year and he would have
included the balance of $560 (7,000 × $.08) in
the closing inventory for the year.

Percentage Depletion
You can use percentage depletion on certain
mines, wells, and other natural deposits. You
cannot use the percentage method to figure depletion for standing timber, soil, sod, dirt, or turf.
To figure percentage depletion, you multiply
a certain percentage, specified for each mineral, by your gross income from the property
during the year. See Mines and other natural
deposits in chapter 9 of Pub. 535 for a list of the
percentages. You can find a complete list in
section 613(b) of the Internal Revenue Code.
Taxable income limit. The percentage depletion deduction cannot be more than 50% (100%
for oil and gas property) of your taxable income
from the property figured without the depletion
deduction and the domestic production activities deduction.

Depreciation, Depletion, and Amortization

Page 47

The following rules apply when figuring your
taxable income from the property for purposes
of the taxable income limit.
• Do not deduct any net operating loss deduction from the gross income from the
property.
• Corporations do not deduct charitable contributions from the gross income from the
property.
• If, during the year, you disposed of an item
of section 1245 property used in connection with the mineral property, reduce any
allowable deduction for mining expenses
by the part of any gain you must report as
ordinary income that is allocable to the
mineral property. See Regulations section
1.613-5(b)(1) for information on how to figure the ordinary gain allocable to the property.
For more information on depletion, see
chapter 9 of Pub. 535.

Amortization
Amortization is a method of recovering (deducting) certain capital costs over a fixed period of
time. It is similar to the straight line method of
depreciation. The amortizable costs discussed
in this section include the start-up costs of going into business, reforestation costs, the costs
of pollution control facilities, and the costs of
section 197 intangibles. See chapter 8 of Pub.
535 for more information on these topics.

Business Start-Up Costs
When you go into business, treat all costs you
incur to get your business started as capital expenses. Capital expenses are a part of your basis in the business. Generally, you recover
costs for particular assets through depreciation
deductions. However, you generally cannot recover other costs until you sell the business or
otherwise go out of business.
Start-up costs are costs for creating an active trade or business or investigating the creation or acquisition of an active trade or business. Start-up costs include any amounts paid
or incurred in connection with any activity engaged in for profit and for the production of income before the trade or business begins, in
anticipation of the activity becoming an active
trade or business.
You can elect to currently deduct a limited
amount of business start-up costs paid or incurred after October 22, 2004. See Capital Expenses in chapter 4. If this election is made, any
costs that are not currently deducted can be
amortized.
Amortization period. The amortization period
for business start-up costs paid or incurred before October 23, 2004, is 60 months or more.
For start-up costs paid or incurred after October
22, 2004, the amortization period is 180
months. The period starts with the month your
active trade or business begins.
Reporting requirements. To amortize your
start-up costs that are not currently deductible
Page 48

Chapter 8

Gains and Losses

under the election to deduct, complete Part VI
of Form 4562 and attach a statement containing
any required information. See the Instructions
for Form 4562.
For more information, see Starting a Business in chapter 8 of Pub. 535.

Reforestation Costs
You can elect to currently deduct a limited
amount of qualifying reforestation costs for
each qualified timber property. See Capital Expenses in chapter 4. You can elect to amortize
over 84 months any amount not deducted.
There is no annual limit on the amount you can
elect to amortize. Reforestation costs are the direct costs of planting or seeding for forestation
or reforestation.
Qualifying costs. Qualifying costs include
only those costs you must otherwise capitalize
and include in the adjusted basis of the property. They include costs for the following items.
• Site preparation.
• Seeds or seedlings.
• Labor.
• Tools.
• Depreciation on equipment used in planting and seeding.
If the government reimburses you for reforestation costs under a cost-sharing program,
you can amortize these costs only if you include
the reimbursement in your income.
Qualified timber property. Qualified timber
property is property that contains trees in significant commercial quantities. It can be a woodlot
or other site that you own or lease. The property
qualifies only if it meets all the following requirements.
• It is located in the United States.
• It is held for the growing and cutting of timber you will either use in, or sell for use in,
the commercial production of timber products.
• It consists of at least one acre planted with
tree seedlings in the manner normally used
in forestation or reforestation.
Qualified timber property does not include
property on which you have planted shelter
belts or ornamental trees, such as Christmas
trees.
Amortization period. The 84-month amortization period starts on the first day of the first
month of the second half of the tax year you incur the costs (July 1 for a calendar year taxpayer), regardless of the month you actually incur the costs. You can claim amortization
deductions for no more than 6 months of the
first and last (eighth) tax years of the period.
How to make the election. To elect to amortize qualifying reforestation costs, enter your
deduction in Part VI of Form 4562. Attach a
statement containing any required information.
See the Instructions for Form 4562.
Generally, you must make the election on a
timely filed return (including extensions) for the
year in which you incurred the costs. However,
if you timely filed your return for the year without

making the election, you can still make the election by filing an amended return within 6 months
of the due date of your return (excluding extensions). Attach Form 4562 and the statement to
the amended return and write “Filed pursuant to
section 301.9100-2” on Form 4562. File the
amended return at the same address you filed
the original return.
For additional information on reforestation
costs, see chapter 8 of Pub. 535.

Section 197 Intangibles
You must generally amortize over 15 years the
capitalized costs of section 197 intangibles you
acquired after August 10, 1993. You must amortize these costs if you hold the section 197 intangible in connection with your farming business or in an activity engaged in for the
production of income. Your amortization deduction each year is the applicable part of the intangible's adjusted basis (for purposes of determining gain), figured by amortizing it ratably
over 15 years (180 months). You are not allowed any other depreciation or amortization
deduction for an amortizable section 197 intangible.
Section 197 intangibles include the following
assets.
• Goodwill.
• Patents.
• Copyrights.
• Designs.
• Formulas.
• Licenses.
• Permits.
• Covenants not to compete.
• Franchises.
• Trademarks.
See chapter 8 of Pub. 535 for more information,
including a complete list of assets that are section 197 intangibles and special rules.

8.
Gains and
Losses
Introduction
This chapter explains how to figure, and report
on your tax return, your gain or loss on the disposition of your property or debt and whether
such gain or loss is ordinary or capital. Ordinary
gain is taxed at the same rates as wages and
interest income, while net capital gain is generally taxed at a lower rate. This chapter discusses dispositions such as sales and exchanges (including like-kind exchanges and
sales of capital and noncapital assets); hedging
transactions; sale of livestock; cutting timber;
sale of a farm; and cancellation of debt from

foreclosures, repossessions and abandonments.

Topics

This chapter discusses:

• Sales and exchanges
• Ordinary or capital gain or loss

Useful Items

You may want to see:
Publication
334 Tax Guide for Small Business
334

523 Selling Your Home
523

544 Sales and Other Dispositions of
Assets
544

550 Investment Income and Expenses
550

908 Bankruptcy Tax Guide
908

Form (and Instructions)
982 Reduction of Tax Attributes Due to
Discharge of Indebtedness (and
Section 1082 Basis Adjustment)
982

Sch D (Form 1040) Capital Gains and
Losses
Sch D (Form 1040)

Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)

1099-A Acquisition or Abandonment of
Secured Property
1099-A

1099-C Cancellation of Debt
1099-C

4797 Sales of Business Property

from a sale or exchange of property is more
than its adjusted basis, you have a gain. If the
adjusted basis of the property is more than the
amount you realize, you have a loss.
Basis and adjusted basis. The basis of property you buy is usually its cost. The adjusted basis of the property is the basis plus certain additions and minus certain deductions. See
chapter 6 for more information about basis and
adjusted basis.
Amount realized. The amount you realize
from a sale or exchange is the total of all money
you receive plus the fair market value (FMV)
(defined in chapter 6) of all property or services
you receive. The amount you realize also includes any of your liabilities assumed by the
buyer and any liabilities to which the property
you transferred is subject, such as real estate
taxes or a mortgage.
If the liabilities relate to an exchange of multiple properties, see Multiple Property Exchanges in chapter 1 of Pub. 544.
Amount recognized. Your gain or loss realized from a sale or exchange of certain property
is usually a recognized gain or loss for tax purposes. A recognized gain is a gain you must include in gross income and report on your income tax return. A recognized loss is a loss you
deduct from gross income. However, your gain
or loss realized from the exchange of certain
property may not be recognized for tax purposes. See Like-Kind Exchanges next. Also, a
loss from the disposition of property held for
personal use is not deductible.

4797

8824 Like-Kind Exchanges
8824

8949 Sales and Other Dispositions of
Capital Assets

Like-Kind Exchanges

8949

8960 Net Investment Income
Tax-Individuals, Estates, and Trusts
8960

8995 Qualified Business Income
Deduction Simplified Computation
8995

8995-A Qualified Business Income
Deduction
8995-A

See chapter 16 for information about getting
publications and forms.

Sales and Exchanges
If you sell, exchange, or otherwise dispose of
your property, you usually have a gain or a loss.
This section explains certain rules for determining whether any gain you have is taxable and
whether any loss you have is deductible.
A sale is a transfer of property for money or
a mortgage, note, or other promise to pay
money. An exchange is a transfer of property
for other property or services.
Property sold or exchanged may include the
sale of a portion of a MACRS asset. For details,
see Partial Dispositions of MACRS Property in
chapter 1 of Pub. 544.

Determining Gain or Loss
You usually realize a gain or loss when you sell
or exchange property. If the amount you realize

Generally, if you exchange real property you
use in your business or hold for investment
solely for other business or investment real
property of a like-kind, you do not recognize the
gain or loss from the exchange. However, if you
also receive non-like-kind property or money as
part of the exchange, you recognize gain to the
extent of the value of the other property or
money you received in the exchange. You do
not recognize any losses. In general, your gain
or loss will not be recognized until you sell or
otherwise dispose of the property you receive in
the exchange. See Qualifying property, later, for
details and exceptions.
The exchange of property for the same kind
of property is the most common type of nontaxable exchange. To qualify for treatment as a
like-kind exchange, the property traded and the
property received must be both of the following
(discussed later).
• Qualifying property.
• Like-kind property.
For more information on like-kind exchanges,
see Pub. 544.
Multiple-party transactions. The like-kind exchange rules also apply to property exchanges
that involve three- and four-party transactions.
Any part of these multiple-party transactions
can qualify as a like-kind exchange if it meets all
the requirements described in this section.

Receipt of title from third party. If you receive property in a like-kind exchange and the
other party who transfers the property to you
does not give you the title, but a third party
does, you can still treat this transaction as a
like-kind exchange if it meets all the requirements.
Basis of property received. If you receive
property in a like-kind exchange, generally the
basis of the property will be the same as the basis of the property you gave up. See chapter 6
for more information on basis.
Money paid. If, in addition to giving up
like-kind property, you pay money in a like-kind
exchange, the basis of the property received is
the basis of the property given up, increased by
the money paid.
Example. You own farmland with a barn.
The combined adjusted basis of the properties
is $70,000 and the FMV is $150,000. You are
interested in another tract of farmland, with a
larger barn, worth $200,000. You exchange
your existing property and $50,000 in cash for
the new property. Your basis in the new property is $120,000 ($70,000 adjusted basis in
your old property plus $50,000 in cash paid).
Reporting the exchange. Report the exchange of like-kind property, even though no
gain or loss is recognized, on Form 8824,
Like-Kind Exchanges. The Instructions for Form
8824 explain how to report the details of the exchange.
If you have any recognized gain because
you received money or unlike property, report it
on Schedule D (Form 1040) or Form 4797,
whichever applies. You may also have to report
the recognized gain as ordinary income because of depreciation recapture on Form 4797.
See chapter 9 for more information.
Qualifying property. In a like-kind exchange,
both the real property you give up and the real
property you receive must be held by you for investment or for productive use in your trade or
business. Buildings, land, and rental property
are examples of property that may qualify.
Nonqualifying property. The rules for
like-kind exchanges do not apply to exchanges
of the following property.
• Real property used for personal purposes,
such as your home.

• Real property held primarily for sale.
• Any personal or intangible property.
You may have a nontaxable exchange under other rules. See Other Nontaxable Exchanges in chapter 1 of Pub. 544.
Special rule for stock in a mutual ditch,
reservoir, or irrigation company. For purposes of real property, stock in a mutual ditch, reservoir, or irrigation company is treated as real
property if both of the following conditions are
met at the time of the trade.
1. The mutual ditch, reservoir, or irrigation
company is an organization described in
section 501(c)(12)(A) of the Internal Revenue Code (determined without regard to
the percentage of its income that is
Chapter 8

Gains and Losses

Page 49

collected from its members for the purpose of meeting losses and expenses).
2. The shares in the company have been
recognized by the highest court of the
state in which the company was organized
or by applicable state statute as constituting or representing real property or an interest in real property.
Like-kind property. To qualify as a nontaxable exchange, the properties exchanged must
be of like kind. Like-kind properties are properties of the same nature or character, even if
they differ in grade or quality. Generally, real
property exchanged for real property qualifies
as an exchange of like-kind property. For example, an exchange of city property for farm property or improved property for unimproved property is a like-kind exchange.
Note. Whether you engaged in a like-kind
exchange depends on an analysis of each asset involved in the exchange.
Partially nontaxable exchange. If, in addition
to like-kind property, you receive money or unlike property in an exchange on which you realize gain, you have a partially nontaxable exchange. You are taxed on the gain you realize,
but only to the extent of the money and the FMV
of the unlike property you receive. If you realize
a loss on the exchange, no loss is deductible.
However, see Unlike property given up below.
Example 1. You trade farmland that cost
$130,000 for $10,000 cash and other land to be
used in farming with an FMV of $150,000. You
have a realized gain of $30,000 ($150,000 FMV
of new land + $10,000 cash − $130,000 basis of
old farmland = $30,000 realized gain). However, only $10,000, the cash received, is recognized gain (included in income).
Example 2. Assume the same facts as in
Example 1, except that, instead of money, you
received a tractor with an FMV of $10,000. Your
recognized gain is still limited to $10,000, the
value of the tractor (the unlike property).
Example 3. Assume in Example 1 that the
FMV of the land you received was only
$115,000. You have a realized loss of $5,000
($115,000 FMV + $10,000 cash – $130,000 basis of old farmland = $5,000 loss). However,
your $5,000 loss is not recognized.
Unlike property given up. If, in addition to
like-kind property, you give up unlike property,
you must recognize gain or loss on the unlike
property you give up. The gain or loss is the difference between the FMV of the unlike property
and the adjusted basis of the unlike property.
Liabilities. If, in a like-kind exchange, you
transfer property subject to debt, the debt transferred is considered the same as the receipt of
unlike property. For purposes of figuring your
realized gain, add any liabilities assumed by the
other party to your amount realized. Subtract
any liabilities of the other party that you assume
from your amount realized. For more information, see Partial Nontaxable Exchanges in
chapter 1 of Pub. 544.

Page 50

Chapter 8

Gains and Losses

Like-kind exchanges between related persons. Special rules apply to like-kind exchanges between related persons. These rules
affect both direct and indirect exchanges. Under these rules, if either person disposes of the
property within 2 years after the exchange, the
exchange is disqualified from nonrecognition
treatment. The gain or loss on the original exchange must be recognized as of the date of
the later disposition. The 2-year holding period
begins on the date of the last transfer of property that was part of the like-kind exchange.
Related persons. Under these rules, related persons include, for example, you and a
member of your family (spouse, brother, sister,
parent, child, etc.), you and a corporation in
which you have more than 50% ownership, you
and a partnership in which you directly or indirectly own more than a 50% interest of the capital or profits, and two partnerships in which you
directly or indirectly own more than 50% of the
capital interests or profits.
For the complete list of related persons, see
Related persons in chapter 2 of Pub. 544.
Example. You own real property used in
your business. Your sister owns real property
used in her business. In December 2020, you
exchanged your property plus $15,000 for your
sister's property. At that time, the fair market
value of your real property was $200,000 and
its adjusted basis was $65,000. The FMV of
your sister's real property was $215,000 and its
adjusted basis was $70,000. You realized a
gain of $135,000 (the $215,000 fair market
value of the real property received, minus the
$15,000 you paid, minus your $65,000 adjusted
basis in the property). Your sister realized a
gain of $145,000 (the $200,000 FMV of your
real property, plus the $15,000 you paid, minus
her $70,000 adjusted basis in the property).
However, because this was a like-kind exchange and you received no cash or non-like
kind property in the exchange, you recognize
no gain on the exchange. Your basis in the real
property you received is $80,000 (the $65,000
adjusted basis of the real property given up plus
the $15,000 you paid). Your sister recognizes
gain only to the extent of the money she received, $15,000. Her basis in the real property
she received was $70,000 (the $70,000 adjusted basis of the real property she exchanged
minus the $15,000 received, plus the $15,000
gain recognized).
In 2021, you sold the real property you received to a third party for $220,000. Because
you sold property you acquired from a related
party (your sister) within 2 years after the exchange with your sister, that exchange is disqualified from nonrecognition treatment and the
deferred gain must be recognized on your 2021
return. On your 2021 tax return, you must report
your $135,000 gain on the 2020 exchange. You
must also report the gain on the 2021 sale on
your 2021 return. Additionally, your sister must
report on her 2021 tax return gain of $130,000,
which is the $145,000 gain on the 2020 exchange, minus the $15,000 she recognized in
2020. Her adjusted basis in the property is increased to $200,000 (its $70,000 basis plus the
$130,000 gain recognized).

Exceptions to the rules for related persons. The following property dispositions are
excluded from these rules.
• Dispositions due to the death of either related person.
• Involuntary conversions.
• Dispositions where it is established to the
satisfaction of the IRS that neither the exchange nor the disposition has, as a main
purpose, the avoidance of federal income
tax.
Multiple property exchanges. Under the
like-kind exchange rules, you must generally
make a property-by-property comparison to figure your recognized gain and the basis of the
property you receive in the exchange. However,
for exchanges of multiple properties, you do not
make a property-by-property comparison if you
do either of the following.
• Transfer and receive properties in two or
more exchange groups.
• Transfer or receive more than one property
within a single exchange group.
For more information, see Multiple Property
Exchanges in chapter 1 of Pub. 544.
Deferred exchange. A deferred exchange for
like-kind property may qualify for nonrecognition of gain or loss. A deferred exchange is an
exchange in which you transfer property you
use in business or hold for investment and later
receive like-kind property you will use in business or hold for investment. The property you
receive is replacement property. The transaction must be an exchange of property for property rather than a transfer of property for money
used to buy replacement property. In addition,
the replacement property will not be treated as
like-kind property unless certain identification
and receipt requirements are met.
For more information, see Deferred Exchange in chapter 1 of Pub. 544.

Transfer to Spouse
Generally, no gain or loss is recognized on a
transfer of property from an individual to (or in
trust for the benefit of) a spouse, or a former
spouse if incident to divorce. This rule does not
apply in the following situations.
• Your spouse or former spouse is a nonresident alien (unless special elections have
been made).
• Certain transfers in trust.
• Certain stock redemptions under a divorce
or separation instrument or a valid written
agreement.
For more information and special rules for
transfers of property incident to divorce, see
Property Settlements in Pub. 504, Divorced or
Separated Individuals.
Any transfer of property to a spouse or former spouse on which gain or loss is not recognized is not considered a sale or exchange. The
recipient's basis in the property will be the same
as the adjusted basis of the giver immediately
before the transfer. This carryover basis rule
applies whether the adjusted basis of the transferred property is less than, equal to, or greater
than either its FMV at the time of transfer or any
consideration paid by the recipient. This rule

applies for determining loss as well as gain. Any
gain recognized on a transfer in trust increases
the basis.

Ordinary or Capital
Gain or Loss
Generally, you will have a capital gain or loss if
you sell or exchange a capital asset (defined
below). You may also have a capital gain if your
section 1231 transactions result in a net gain.
See Section 1231 Gains and Losses in
chapter 9.
To figure your net capital gain or loss, you
must classify your gains and losses as either ordinary or capital, and your capital gains or losses as either short term or long term.
Your net capital gains may be taxed at a
lower tax rate than ordinary income. See Capital Gains Tax Rates, later. Your deduction for a
net capital loss may be limited. See Treatment
of Capital Losses, later.

Capital Assets
Almost everything you own and use for personal purposes, pleasure, or investment is a
capital asset.
The following items are examples of capital
assets.
• A home owned and occupied by you and
your family.
• Household furnishings.
• A car used for pleasure. If your car is used
both for pleasure and for farm business, it
is partly a capital asset and partly a noncapital asset, defined later.
• Stocks and bonds. However, there are
special rules for gains on qualified small
business stock. For more information on
this subject, see Gains on Qualified Small
Business Stock and Losses on Section
1244 (Small Business) Stock in chapter 4
of Pub. 550.
Personal-use property. Gain from a sale or
exchange of personal-use property is a capital
gain and is taxable. Loss from the sale or exchange of personal-use property is not deductible. You can deduct a loss relating to personal-use property only if it results from a
casualty or theft. For information on casualties
and thefts, see chapter 11.

Long and Short Term
Where you report a capital gain or loss depends
on how long you own the asset before you sell
or exchange it. The time you own an asset before disposing of it is the holding period.
If you hold a capital asset 1 year or less, the
gain or loss resulting from its disposition is short
term. Report it in Part I of Form 8949, Sales and
Other Dispositions of Capital Assets, and/or
Schedule D (Form 1040), as applicable. If you
hold a capital asset longer than 1 year, the gain
or loss resulting from its disposition is long term.
Report it in Part II of Form 8949 and/or
Schedule D, as applicable. See the Instructions

for Form 8949 and the Instructions for Schedule D (Form 1040) for more information, including when Form 8949 is required. Also see chapter 4 of Pub. 544.
Holding period. To figure if you held property
longer than 1 year, start counting on the day after the day you acquired the property. The day
you disposed of the property is part of your
holding period.
Example. If you bought an asset on June
19, 2020, you should start counting on June 20,
2020. If you sold the asset on June 19, 2021,
your holding period is not longer than 1 year,
but if you sold it on June 20, 2021, your holding
period is longer than 1 year.
Inherited property. If you inherit property,
you are considered to have held the property
longer than 1 year, regardless of how long you
actually held it. This rule does not apply to livestock used in a farm business. See Holding period under Livestock, later.
Nonbusiness bad debt. A nonbusiness
bad debt is a short-term capital loss, deductible
in the year the debt becomes worthless. See
chapter 4 of Pub. 550.
Nontaxable exchange. If you acquire an
asset in exchange for another asset and your
basis for the new asset is figured, in whole or in
part, by using your basis in the old property, the
holding period of the new property includes the
holding period of the old property. That is, it begins on the same day as your holding period for
the old property.
Gift. If you receive a gift of property and
your basis in it is figured using the donor's basis, your holding period includes the donor's
holding period.
Real property. To figure how long you held
real property, start counting on the day after you
received title to it or, if earlier, on the day after
you took possession of it and assumed the burdens and privileges of ownership.
However, taking possession of real property
under an option agreement is not enough to
start the holding period. The holding period
cannot start until there is an actual contract of
sale. The holding period of the seller cannot
end before that time.

Figuring Net Gain or Loss
The totals for short-term capital gains and losses and the totals for long-term capital gains
and losses must be figured separately.
Net short-term capital gain or loss. Combine your short-term capital gains and losses.
Do this by adding all of your short-term capital
gains. Then add all of your short-term capital
losses. Subtract the lesser total from the
greater. The difference is your net short-term
capital gain or loss.
Net long-term capital gain or loss. Follow
the same steps to combine your long-term capital gains and losses. The result is your net
long-term capital gain or loss.

Net gain. If the total of your capital gains is
more than the total of your capital losses, the
difference is taxable. However, part of your gain
(but not more than your net capital gain) may be
taxed at a lower rate than the rate of tax on your
ordinary income. See Capital Gains Tax Rates,
later.
Net loss. If the total of your capital losses is
more than the total of your capital gains, the difference is deductible. But there are limits on
how much loss you can deduct and when you
can deduct it. See Treatment of Capital Losses
next.

Treatment of Capital Losses
If your capital losses are more than your capital
gains, you must claim the difference even if you
do not have ordinary income to offset it. For taxpayers other than corporations, the yearly limit
on the capital loss you can deduct is $3,000
($1,500 if you are married and file a separate
return). If your other income is low, you may not
be able to use the full $3,000. The part of the
$3,000 you cannot use becomes part of your
capital loss carryover (discussed next).
Capital loss carryover. Generally, you have a
capital loss carryover if either of the following
situations applies to you.
• Your net loss on Schedule D (Form 1040)
is more than the yearly limit.
• Your taxable income is less than zero.
If either of these situations applies to you for
2021, see Capital Losses under Reporting Capital Gains and Losses in chapter 4 of Pub. 550
to figure the amount you can carry over to 2022.
To figure your capital loss carryover

TIP from 2021 to 2022, you will need a

copy of your 2021 Form 1040 or Form
1040-SR and Schedule D (Form 1040).

Capital Gains Tax Rates
The tax rates that apply to a net capital gain are
generally lower than the tax rates that apply to
other income. These lower rates are called the
maximum capital gains rates.
The term “net capital gain” means the
amount by which your net long-term capital gain
for the year is more than your net short-term
capital loss.
See Schedule D (Form 1040) and the Instructions for Schedule D (Form 1040). Also
see Pub. 550.

Noncapital Assets
Generally, noncapital assets include property
such as inventory and depreciable property
used in a trade or business. A list of properties
that are not capital assets is provided in the Instructions for Schedule D (Form 1040). Noncapital assets used in farming is discussed below.
Property held for sale in the ordinary
course of your farm business. Property you
hold mainly for sale to customers, such as livestock, poultry, livestock products, and crops, is
Chapter 8

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Page 51

a noncapital asset. Gain or loss from sales or
other dispositions of this property is reported on
Schedule F (Form 1040) (not on Schedule D
(Form 1040) or Form 4797). The treatment of
this property is discussed in chapter 3.

Gains or losses from hedging transactions
that hedge supplies of a type regularly used or
consumed in the ordinary course of your trade
or business may be ordinary gains or losses.
Examples include fuel and feed.

Land and depreciable properties. Land and
depreciable property you use in farming are not
capital assets. Noncapital assets also include
livestock held for draft, breeding, dairy, or sporting purposes. However, your gains and losses
from sales and exchanges of your farmland and
depreciable properties must be considered together with certain other transactions to determine whether the gains and losses are treated
as capital or ordinary gains and losses. The
sales of these business assets are reported on
Form 4797. See chapter 9 for more information.

If you have numerous transactions in
the commodity futures market during
RECORDS the year, you must be able to show
which transactions are hedging transactions.
Clearly identify a hedging transaction on your
books and records before the end of the day
you entered into the transaction. It may be helpful to have separate brokerage accounts for
your hedging and speculation transactions.

Hedging
Hedging transactions are transactions that you
enter into in the normal course of business primarily to manage the risk of interest rate or
price changes, or currency fluctuations, with respect to borrowings, ordinary property, or ordinary obligations. Ordinary property or obligations are those that cannot produce capital gain
or loss if sold or exchanged.
A commodity futures contract is a standardized, exchange-traded contract for the sale or
purchase of a fixed amount of a commodity at a
future date for a fixed price. The holder of an
option on a futures contract has the right (but
not the obligation) for a specified period of time
to enter into a futures contract to buy or sell at a
particular price. A forward contract is much different than a futures contract since its terms are
not standardized and it is not exchange traded.
Businesses may enter into commodity futures contracts or forward contracts and may
acquire options on commodity futures contracts
as either of the following.
• Hedging transactions.
• Transactions that are not hedging transactions.
Futures transactions with exchange-traded
commodity futures contracts that are not hedging transactions generally result in capital gain
or loss and are subject to the mark-to-market
rules discussed in Pub. 550. There is a limit on
the amount of capital losses you can deduct
each year. Hedging transactions are not subject
to the mark-to-market rules and the deduction
for hedging losses is not limited.
If, as a farmer-producer, to protect yourself
from the risk of unfavorable price fluctuations,
you enter into commodity forward contracts, futures contracts, or options on futures contracts
and the contracts cover an amount of the commodity within your range of production, the
transactions are generally considered hedging
transactions. They can take place at any time
you have the commodity under production,
have it on hand for sale, or reasonably expect to
have it on hand.
The gain or loss on the termination of these
hedges is generally ordinary gain or loss. Farmers who file their income tax returns on the cash
method report any profit or loss on the hedging
transaction on Schedule F, line 8.
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Retain the identification of each hedging
transaction with your books and records. Also,
identify the item(s) or aggregate risk that is being hedged in your records. Although the identification of the hedging transaction must be
made before the end of the day it was entered
into, you have 35 days after entering into the
transaction to identify the hedged item(s) or
risk.
For more information on the tax treatment of
futures and options contracts, see Commodity
Futures and Section 1256 Contracts Marked to
Market in Pub. 550.
Accounting methods for hedging transactions. The accounting method you use for a
hedging transaction must clearly reflect income.
This means that your accounting method must
reasonably match the timing of income, deduction, gain, or loss from a hedging transaction
with the timing of income, deduction, gain, or
loss from the item or items being hedged. There
are requirements and limits on the method you
can use for certain hedging transactions. See
Regulations section 1.446-4(e) for those requirements and limits.
Hedging transactions must be accounted for
under the rules stated above unless the transaction is subject to mark-to-market accounting
under section 475 or you use an accounting
method other than the following methods.
1. Cash method.
2. Farm-price method.
3. Unit-livestock-price method.
Once you adopt a method, you must apply it
consistently and must have IRS approval before
changing it.
Your books and records must describe the
accounting method used for each type of hedging transaction. They must also contain any additional identification necessary to verify the application of the accounting method you used for
the transaction. You must make the additional
identification no more than 35 days after entering into the hedging transaction.
Example of a hedging transaction. You file
your income tax returns on the cash method.
On July 2, you anticipate a yield of 50,000
bushels of corn this year. The December futures price is $3.75 a bushel, but there are indications that by harvest time the price will drop.
To protect yourself against a drop in the price,
you enter into the following hedging transaction.
You sell ten December futures contracts of

5,000 bushels each for a total of 50,000 bushels
of corn at $3.75 a bushel.
The price did not drop as anticipated but
rose to $4 a bushel. In November, you sell your
crop at a local elevator for $4 a bushel. You also
close out your futures position by buying ten
December contracts for $4 a bushel. You paid a
broker's commission of $1,400 ($70 per contract) for the complete in and out position in the
futures market.
The result is that the price of corn rose 25
cents a bushel and the actual selling price is $4
a bushel. Your loss on the hedge is 25 cents a
bushel. In effect, the net selling price of your
corn is $3.75 a bushel.
Report the results of your futures transactions and your sale of corn separately on
Schedule F. See the Instructions for Schedule F
(Form 1040).
The loss on your futures transactions is
$13,900, figured as follows.
July 2 - Sold December corn futures
(50,000 bu. @$3.75) . . . . . . . . . . . . . . . .
November 6 - Bought December corn
futures (50,000 bu. @$4 plus $1,400
broker's commission) . . . . . . . . . . . . . . .
Futures loss . . . . . . . . . . . . . . . .

$187,500
201,400
($13,900)

This loss is reported as a negative figure on
Schedule F, Part I, line 8, as other income.
The proceeds from your corn sale at the local elevator are $200,000 (50,000 bu. × $4).
Report it on Schedule F, Part I, line 2, as income from sales of products you raised.
Assume you were right and the price went
down 25 cents a bushel. In effect, you would
still net $3.75 a bushel, figured as follows.
Sold cash corn, per bushel
Gain on hedge, per bushel
Net price, per bushel

. . . . . . . . . . . .

$3.50
.25

. . . . . . . . . . .

$3.75

. . . . . . . . . . . .

The gain on your futures transactions would
have been $11,100, figured as follows.
July 2 - Sold December corn futures (50,000
bu. @$3.75) . . . . . . . . . . . . . . . . . . . . . . . $187,500
November 6 - Bought December corn
futures (50,000 bu. @$3.50 plus $1,400
176,400
broker's commission) . . . . . . . . . . . . . . . .
Futures gain . . . . . . . . . . . . . . .
$11,100

The $11,100 is reported on Schedule F, Part I,
line 8, as other income.
The proceeds from the sale of your corn at
the local elevator, $175,000 (50,000 bu. x
$3.50), are reported on Schedule F, Part I,
line 2, as income from sales of products you
raised.

Livestock
This part discusses the sale or exchange of
livestock used in your farm business. Gain or
loss from the sale or exchange of this livestock
may qualify as a section 1231 gain or loss.
However, any part of the gain that is ordinary income from the recapture of depreciation is not
included as section 1231 gain. See chapter 9
for more information on section 1231 gains and
losses and the recapture of depreciation under
section 1245.

The rules discussed here do not apply
to the sale of livestock held primarily for
CAUTION sale to customers. The sale of this livestock is reported on Schedule F. See chapter 3
for more information.

!

Also, special rules apply to sales or exchanges
caused by weather-related conditions. See
Sales Caused by Weather-Related Conditions
in chapter 3 for more information.
Holding period. The sale or exchange of livestock used in your farm business (defined below) qualifies as a section 1231 transaction if
you held the livestock for 12 months or more
(24 months or more for horses and cattle).
Livestock. For section 1231 transactions, livestock includes cattle, hogs, horses, mules, donkeys, sheep, goats, fur-bearing animals, and
other mammals. Also, for section 1231 transactions, livestock does not include chickens, turkeys, pigeons, geese, emus, ostriches, rheas,
or other birds, fish, frogs, reptiles, etc.
Livestock used in farm business. If livestock is held primarily for draft, breeding, dairy,
or sporting purposes, it is considered to be
used in your farm business. The purpose for
which an animal is held ordinarily is determined
by a farmer's actual use of the animal. An animal is not held for draft, breeding, dairy, or
sporting purposes merely because it is suitable
for that purpose, or because it is held for sale to
other persons for use by them for that purpose.
However, a draft, breeding, or sporting purpose
may be present if an animal is disposed of
within a reasonable time after it is prevented
from its intended use or made undesirable as a
result of an accident, disease, drought, or unfitness of the animal.
Example 1. You discover an animal that
you intend to use for breeding purposes is sterile. You dispose of it within a reasonable time.
This animal was held for breeding purposes.
Example 2. You retire and sell your entire
herd, including young animals that you would
have used for breeding or dairy purposes had
you remained in business. These young animals were held for breeding or dairy purposes.
Also, if you sell young animals to reduce your
breeding or dairy herd because of drought,
these animals are treated as having been held
for breeding or dairy purposes. See Sales
Caused by Weather-Related Conditions in
chapter 3.
Example 3. You are in the business of raising hogs for slaughter. Customarily, before selling your sows, you obtain a single litter of pigs
that you will raise for sale. You sell the brood
sows after obtaining the litter. Even though you
hold these brood sows for ultimate sale to customers in the ordinary course of your business,
they are considered to be held for breeding purposes.
Example 4. You are in the business of raising registered cattle for sale to others for use as
breeding cattle. The business practice is to
breed the cattle before sale to establish their fitness as registered breeding cattle. Your use of
the young cattle for breeding purposes is

ordinary and necessary for selling them as registered breeding cattle. Such use does not
demonstrate that you are holding the cattle for
breeding purposes, but rather you are holding
them primarily for sale to customers. However,
those cattle you held as additions or replacements to your own breeding herd to produce
calves are considered to be held for breeding
purposes, even though they may not actually
have produced calves. The same applies to
hog and sheep breeders.
Example 5. You breed, raise, and train
horses for racing purposes. Every year you cull
horses from your racing stable. In 2021, you decided that to prevent your racing stable from
getting too large to be effectively operated, you
must cull six horses that had been raced at public tracks in 2020. These horses are all considered held for sporting purposes.
Figuring gain or loss on the cash method.
Farmers or ranchers who use the cash method
of accounting figure their gain or loss on the
sale of livestock used in their farming business
as follows.
Raised livestock. Gain on the sale of
raised livestock is generally the gross sales
price reduced by any expenses of the sale. Expenses of sale include sales commissions,
freight or hauling from farm to commission company, and other similar expenses. The basis of
the animal sold is zero if the costs of raising it
were deducted during the years the animal was
being raised. However, if you are required to
use the accrual accounting method, see Uniform Capitalization Rules in chapter 6.
Purchased livestock. The gross sales
price minus your adjusted basis and any expenses of sale is the gain or loss.
Example. A farmer sold a breeding cow on
January 8, 2021, for $1,250. Expenses of the
sale were $125. The cow was bought July 2,
2017, for $1,300. Depreciation (not less than
the amount allowable) was $1,225.
Gross sales price . . . . . . . . . . . . . .
Cost (basis) . . . . . . . . . . . . . . . . .
Minus: Depreciation deduction . . . .
Unrecovered cost
(adjusted basis) .
Expense of sale .
Gain realized

. . . . . . . . . . . . .
. . . . . . . . . . . . .

. . . . . .

$1,300
1,225

$1,250

$ 75
125

. . . . . . . . . . . . . . . .

200
$1,050

Converted Wetland and
Highly Erodible Cropland
Special rules apply to dispositions of land converted to farming use after March 1, 1986. Any
gain realized on the disposition of converted
wetland or highly erodible cropland is treated as
ordinary income. Any loss on the disposition of
such property is treated as a long-term capital
loss.
Converted wetland. This is generally land that
was drained or filled to make the production of
agricultural commodities possible. It includes
converted wetland held by the person who originally converted it or held by any other person

who used the converted wetland at any time after conversion for farming.
A wetland (before conversion) is land that
meets all the following conditions.
• It is mostly soil that, in its undrained condition, is saturated, flooded, or ponded long
enough during a growing season to develop an oxygen-deficient state that supports the growth and regeneration of plants
growing in water.
• It is saturated by surface or groundwater at
a frequency and duration sufficient to support mostly plants that are adapted for life
in saturated soil.
• It supports, under normal circumstances,
mostly plants that grow in saturated soil.
Highly erodible cropland. This is cropland
subject to erosion that you used at any time for
farming purposes other than grazing animals.
Generally, highly erodible cropland is land currently classified by the Department of Agriculture as Class IV, VI, VII, or VIII under its classification system. Highly erodible cropland also
includes land that would have an excessive
average annual erosion rate in relation to the
soil loss tolerance level, as determined by the
Department of Agriculture.
Successor. Converted wetland or highly erodible cropland is also land held by any person
whose basis in the land is figured by reference
to the adjusted basis of a person in whose
hands the property was converted wetland or
highly erodible cropland.

Timber
Standing timber you held as investment property is a capital asset. Gain or loss from its sale
is capital gain or loss reported on Form 8949
and Schedule D (Form 1040), as applicable. If
you held the timber primarily for sale to customers, it is not a capital asset. Gain or loss on its
sale is ordinary business income or loss. It is reported on Schedule F, line 1 (if purchased timber) or line 2 (if raised timber).
Farmers who cut timber on their land and
sell it as logs, firewood, or pulpwood usually
have no cost or other basis for that timber if no
allocation was made at the time of acquisition.
Amounts realized from these sales, and the expenses incurred in cutting, hauling, etc., are ordinary farm income and expenses reported on
Schedule F.
Different rules apply if you owned the timber
longer than 1 year and elect to treat timber cutting as a sale or exchange or you enter into a
cutting contract, discussed below.
Timber considered cut. Timber is considered
cut on the date when, in the ordinary course of
business, the quantity of felled timber is first
definitely determined. This is true whether the
timber is cut under contract or whether you cut
it yourself.
Christmas trees. Evergreen trees, such as
Christmas trees, that are more than 6 years old
when severed from their roots and sold for ornamental purposes are included in the term timber. They qualify for both rules discussed
below.
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Page 53

Election to treat cutting as a sale or exchange. Under the general rule, the cutting of
timber results in no gain or loss. It is not until a
sale or exchange occurs that gain or loss is realized. But if you owned or had a contractual
right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in
the year it is cut. Even though the cut timber is
not actually sold or exchanged, you report your
gain or loss on the cutting for the year the timber is cut. Any later sale results in ordinary business income or loss. See the example below.
To elect this treatment, you must:
1. Own or hold a contractual right to cut the
timber for a period of more than 1 year before it is cut, and
2. Cut the timber for sale or use in your trade
or business.
Making the election. You make the election on your return for the year the cutting takes
place by including in income the gain or loss on
the cutting and including a computation of your
gain or loss. You do not have to make the election in the first year you cut timber. You can
make it in any year to which the election would
apply. If the timber is partnership property, the
election is made on the partnership return. This
election cannot be made on an amended return.
Once you have made the election, it remains in effect for all later years unless you revoke it.
Election under section 631(a) may be revoked. If you previously elected for any tax
year ending before October 23, 2004, to treat
the cutting of timber as a sale or exchange under section 631(a), you may revoke this election
without the consent of the IRS for any tax year
ending after October 22, 2004. The prior election (and revocation) is disregarded for purposes of making a subsequent election. See Form
T (Timber), Forest Activities Schedule, for more
information.
Gain or loss. Your gain or loss on the cutting of standing timber is the difference between
its adjusted basis for depletion and its FMV on
the first day of your tax year in which it is cut.
The FMV becomes your basis in the cut timber,
and a later sale of the cut timber, including any
by-product or tree tops, will result in ordinary
business income or loss.
Your adjusted basis for depletion of cut timber is based on the number of units (board feet,
log scale, or other units) of timber cut during the
tax year and considered to be sold or exchanged. Your adjusted basis for depletion is
also based on the depletion unit of timber in the
account used for the cut timber, and should be
figured in the same manner as shown in section
611 and Regulations section 1.611-3.
Depletion of timber is discussed in chapter 7.
Example. In April 2021, you owned 4,000
MBF (1,000 board feet) of standing timber longer than 1 year. It had an adjusted basis for depletion of $40 per MBF. You are a calendar year
taxpayer. On January 1, 2021, the timber had
an FMV of $350 per MBF. It was cut in April for
sale. On your 2021 tax return, you elect to treat
the cutting of the timber as a sale or exchange.
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You report the difference between the FMV and
your adjusted basis for depletion as a gain. This
amount is reported on Form 4797 along with
your other section 1231 gains and losses to figure whether it is treated as a capital gain or as
ordinary gain. You figure your gain as follows.
FMV of timber January 1, 2021 . . .
Minus: Adjusted basis for depletion
Section 1231 gain .

. . . .

$1,400,000
160,000

. . . . . . . . . . .

$1,240,000

. . . .

Outright sales of timber. Outright sales of
timber by landowners qualify for capital gains
treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined later). However, for outright sales, the date of disposal is
not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see Date of
disposal below).
Cutting contract. You must treat the disposal
of standing timber under a cutting contract as a
section 1231 transaction if all the following apply to you.
• You are the owner of the timber.
• You held the timber longer than 1 year before its disposal.
• You kept an economic interest in the timber.
You have kept an economic interest in
standing timber if, under the cutting contract,
the expected return on your investment is conditioned on the cutting of the timber.
The difference between the amount realized
from the disposal of the timber and its adjusted
basis for depletion is treated as gain or loss on
its sale. Include this amount on Form 4797
along with your other section 1231 gains or losses.
Date of disposal. The date of disposal is
the date the timber is cut. However, for outright
sales by landowners or if you receive payment
under the contract before the timber is cut, you
can elect to treat the date of payment as the
date of disposal.
This election applies only to figure the holding period of the timber. It has no effect on the
time for reporting gain or loss (generally when
the timber is sold or exchanged).
To make this election, attach a statement to
the tax return filed by the due date (including
extensions) for the year payment is received.
The statement must identify the advance payments subject to the election and the contract
under which they were made.
If you timely filed your return for the year you
received payment without making the election,
you can still make the election by filing an
amended return within 6 months after the due
date for that year's return (excluding extensions). Attach the statement to the amended return and write “Filed pursuant to section
301.9100-2” at the top of the statement. File the
amended return at the same address the original return was filed.
Owner. An owner is any person who owns
an interest in the timber, including a sublessor
and the holder of a contract to cut the timber.
You own an interest in timber if you have the

right to cut it for sale on your own account or for
use in your business.
Tree stumps. Tree stumps are a capital asset
if they are on land held by an investor who is not
in the timber or stump business as a buyer,
seller, or processor. Gain from the sale of
stumps sold in one lot by such a holder is taxed
as a capital gain. However, tree stumps held by
timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Gain from the sale of
stumps in lots or tonnage by such operators is
taxed as ordinary income.
See Form T (Timber) and its separate instructions for more information about dispositions of timber.

Sale of a Farm
The sale of your farm may involve the sale of
both nonbusiness property (your home) and
business property (the land and buildings used
in the farm operation and perhaps machinery
and livestock). If any gain from the sale includes
a gain from the sale of your home, you may be
allowed to exclude the gain on your home. For
more information, see Pub. 523, Selling Your
Home.
The gain on the sale of your business property is taxable. A loss on the sale of your business property to an unrelated person is deducted as an ordinary loss. Your taxable gain or
loss on the sale of property used in your farm
business is taxed under the rules for section
1231 transactions. See chapter 9. Losses from
personal-use property, other than casualty or
theft losses, are not deductible. If you receive
payments for your farm in installments, certain
gains may be eligible to be taxed over the period of years the payments are received. See
chapter 10 for information about installment
sales.
When you sell your farm, the gain or loss on
each asset is figured separately. The tax treatment of gain or loss on the sale of each asset is
determined by the classification of the asset.
Each of the assets sold must be classified as
one of the following.
• Capital asset held 1 year or less.
• Capital asset held longer than 1 year.
• Property (including real estate) used in
your business and held 1 year or less (including draft, breeding, dairy, and sporting
animals held less than the holding periods
discussed earlier under Livestock).
• Property (including real estate) used in
your business and held longer than 1 year
(including only draft, breeding, dairy, and
sporting animals held for the holding periods discussed earlier).
• Property held primarily for sale or which is
of the kind that would be included in inventory if on hand at the end of your tax year.
Allocation of consideration paid for a farm.
The sale of a farm for a lump sum is considered
a sale of each individual asset rather than a single asset. If the group of assets sold constitutes
a trade or business, the residual method must
be used. This method determines gain or loss
from the transfer of each asset. It also
determines the buyer's basis in the business

assets. For more information, see Sale of a
Business in chapter 2 of Pub. 544.
Property used in farm operation. The rules
for excluding the gain on the sale of your home,
described later under Sale of your home, do not
apply to the property used for your farming business. Recognized gains and losses on business property must be reported on your return
for the year of the sale. If the property was held
longer than 1 year, it may qualify for section
1231 treatment (see chapter 9).
Example. You sell your farm, including your
main home, which you have owned since December 2006. You realize gain on the sale as
follows.

Selling price . . . .
Cost (or other
basis) . . . . . . . .
Gain . . . . . . .

Farm
With
Home
Home
Only
$382,000 $158,000

Farm
Without
Home
$224,000

240,000

110,000

130,000

$142,000

$48,000

$94,000

You must report the $94,000 gain from the
sale of the property used in your farm business.
All or a part of that gain may have to be reported as ordinary income from the recapture of
depreciation or soil and water conservation expenses. Treat the balance as section 1231
gain.
The $48,000 gain from the sale of your
home is not taxable if you meet the requirements explained later under Sale of your home.
Partial sale. If you sell only part of your farm,
you must report any recognized gain or loss on
the sale of that part on your tax return for the
year of the sale. You cannot wait until you have
sold enough of the farm to recover its entire
cost before reporting gain or loss. For a detailed
discussion on installment sales, see Pub. 544.
Adjusted basis of the part sold. This is
the properly allocated part of your original cost
or other basis of the entire farm plus or minus
necessary adjustments for improvements, depreciation, etc., on the part sold. If your home is
on the farm, you must properly adjust the basis
to exclude those costs from your farm asset
costs, as discussed below under Sale of your
home.
Example. You bought a 600-acre farm for
$700,000. The farm included land and buildings. The purchase contract designated
$600,000 of the purchase price to the land. You
later sold 60 acres of land on which you had installed a fence. Your adjusted basis for the part
of your farm sold is $60,000 (1/10 of $600,000),
plus any unrecovered cost (cost not depreciated) of the fence on the 60 acres at the time of
sale. Use this amount to determine your gain or
loss on the sale of the 60 acres.
Assessed values for local property
taxes. If you paid a flat sum for the entire farm
and no other facts are available for properly allocating your original cost or other basis between the land and the buildings, you can use
the assessed values for local property taxes for
the year of purchase to allocate the costs.

Worksheet 8-1. Worksheet for Foreclosures
and Repossessions

Keep for Your Records

Part 1. Use Part 1 to figure your ordinary income from the cancellation of debt
upon foreclosure or repossession. Complete this part only if you were personally
liable for the debt. Otherwise, go to Part 2.
1. Enter the amount of outstanding debt immediately before the transfer of
property reduced by any amount for which you remain personally liable after the
transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter the fair market value of the transferred property . . . . . . . . . . . . . . . . . .
3. Ordinary income from cancellation of debt upon foreclosure or
repossession.* Subtract line 2 from line 1. If zero or less, enter -0- . . . . . . . . . .
Part 2. Figure your gain or loss from foreclosure or repossession.
4. If you completed Part 1, enter the smaller of line 1 or line 2. If you did not
complete Part 1, enter the outstanding debt immediately before the transfer of
property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Enter any proceeds you received from the foreclosure sale . . . . . . . . . . . . . .
6. Add lines 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Enter the adjusted basis of the transferred property

...................

8. Gain or loss from foreclosure or repossession. Subtract line 7
from line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*

The income may not be taxable. See Cancellation of debt.

Example. Assume that in the preceding example there was no breakdown of the $700,000
purchase price between land and buildings.
However, in the year of purchase, local taxes
on the entire property were based on assessed
valuations of $420,000 for land and $140,000
for improvements, or a total of $560,000. The
assessed valuation of the land is 3/4 (75%) of
the total assessed valuation. Multiply the
$700,000 total purchase price by 75% to figure
basis of $525,000 for the 600 acres of land. The
unadjusted basis of the 60 acres you sold
would then be $52,500 (1/10 of $525,000).
Sale of your home. Your home is a capital asset and not property used in the trade or business of farming. If you sell a farm that includes
a house you and your family occupy, you must
determine the part of the selling price and the
part of the cost or other basis allocable to your
home. Your home includes the immediate surroundings and outbuildings relating to it that are
not used for business purposes.
If you use part of your home for business,
you must make an appropriate adjustment to
the basis for depreciation allowed or allowable.
For more information on basis, see chapter 6.
More information. For more information
on selling your home, see Pub. 523.
Gain from condemnation. If you have a
gain from a condemnation or sale of your home
under threat of condemnation, you may use the
preceding rules for excluding the gain, rather
than the rules discussed under Postponing
Gain in chapter 11. However, any gain that cannot be excluded (because it is more than the
limit) may be postponed under the rules discussed under Postponing Gain in chapter 11.

Foreclosure or
Repossession
If you do not make payments you owe on a loan
secured by property, the lender may foreclose
on the loan or repossess the property. The

foreclosure or repossession is treated as a sale
or exchange from which you may realize gain or
loss. This is true even if you voluntarily return
the property to the lender. You may also realize
ordinary income from cancellation of debt if the
loan balance is more than the FMV of the property.
Buyer's (borrower's) gain or loss. You figure
and report gain or loss from a foreclosure or repossession in the same way as gain or loss
from a sale or exchange. The gain or loss is the
difference between your adjusted basis in the
transferred property and the amount realized.
See Determining Gain or Loss, earlier.
You can use Worksheet 8-1 to figure

TIP your gain or loss from a foreclosure or
repossession.

Amount realized on a nonrecourse debt.
If you are not personally liable for repaying the
debt (nonrecourse debt) secured by the transferred property, the amount you realize includes
the full amount of the debt canceled by the
transfer. The full canceled debt is included in
the amount realized even if the fair market value
of the property is less than the canceled debt.
Example 1. Ann paid $200,000 for land
used in her farming business. She paid $15,000
down and borrowed the remaining $185,000
from a bank. Ann is not personally liable for the
loan (nonrecourse debt), but pledges the land
as security. The bank foreclosed on the loan 2
years after Ann stopped making payments.
When the bank foreclosed, the balance due on
the loan was $180,000 and the FMV of the land
was $170,000. The amount Ann realized on the
foreclosure was $180,000, the debt canceled
by the foreclosure. She figures her gain or loss
on Form 4797, Part I, by comparing the amount
realized ($180,000) with her adjusted basis
($200,000). She has a $20,000 deductible loss.
Example 2. Assume the same facts as in
Example 1 except the FMV of the land was
Chapter 8

Gains and Losses

Page 55

$210,000. The result is the same. The amount
Ann realized on the foreclosure is $180,000, the
debt canceled by the foreclosure. Because her
adjusted basis is $200,000, she has a deductible loss of $20,000, which she reports on Form
4797, Part I.
Amount realized on a recourse debt. If
you are personally liable for the debt (recourse
debt), the amount realized on the foreclosure or
repossession includes the lesser of:
• The outstanding debt immediately before
the transfer reduced by any amount for
which you remain personally liable immediately after the transfer, or
• The fair market value of the transferred
property.
You are treated as receiving ordinary income from the canceled debt for the part of the
debt that is more than the fair market value. The
amount realized does not include the canceled
debt that is your income from cancellation of
debt. See Cancellation of debt, later.
Example 3. Assume the same facts as in
Example 1 above except Ann is personally liable for the loan (recourse debt). In this case, the
amount she realizes is $170,000. This is the
canceled debt ($180,000) up to the FMV of the
land ($170,000). Ann figures her gain or loss on
the foreclosure by comparing the amount realized ($170,000) with her adjusted basis
($200,000). She has a $30,000 deductible loss,
which she figures on Form 4797, Part I. She is
also treated as receiving ordinary income from
cancellation of debt. That income is $10,000
($180,000 − $170,000). This is the part of the
canceled debt not included in the amount realized. She reports this as other income on
Schedule F, line 8.
Seller's (lender's) gain or loss on repossession. If you finance a buyer's purchase of your
property in an installment sale and later acquire
an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. For more information, see Repossession
in Pub. 537, Installment Sales.
Cancellation of debt. If property that is repossessed or foreclosed upon secures a debt for
which you are personally liable (recourse debt),
you must generally report as ordinary income
the amount by which the canceled debt is more
than the FMV of the property. This income is
separate from any gain or loss realized from the
foreclosure or repossession. Report the income
from cancellation of a business debt on Schedule F, line 8. Report the income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040 or Form 1040-SR.
You can use Worksheet 8-1 to figure

TIP your income from cancellation of debt.

However, income from cancellation of debt
is not taxed in certain situations. See Cancellation of Debt in chapter 3.

Abandonment
The abandonment of property is a disposition of
property. You abandon property when you voluntarily and permanently give up possession
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Chapter 9

and use of the property with the intention of
ending your ownership, but without passing it
on to anyone else.
Business or investment property. Loss from
abandonment of business or investment property is deductible as a loss. Loss from abandonment of business or investment property that is
not treated as a sale or exchange is generally
an ordinary loss. If your adjusted basis is more
than the amount you realize (if any), then you
have a loss. If the amount you realize (if any) is
more than your adjusted basis, then you have a
gain. This rule also applies to leasehold improvements the lessor made for the lessee.
However, if the property is foreclosed on or repossessed in lieu of abandonment, gain or loss
is figured as discussed earlier under Foreclosure or Repossession.
If the abandoned property is secured by
debt, special rules apply. The tax consequences of abandonment of property that secures a
debt depend on whether you are personally liable for the debt (recourse debt) or were not personally liable for the debt (nonrecourse debt).
For more information, see chapter 3 of Pub.
4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals).
The abandonment loss is deducted in the
tax year in which the loss is sustained. Report
the loss on Form 4797, Part II, line 10.
Personal-use property. You cannot deduct
any loss from abandonment of your home or
other property held for personal use.
Canceled debt. If the abandoned property secures a debt for which you are personally liable
and the debt is canceled, you may realize ordinary income equal to the canceled debt. This
income is separate from any loss realized from
abandonment of the property. Report income
from cancellation of a debt related to a business
or rental activity as business or rental income.
Report income from cancellation of a nonbusiness debt on Form 1040 or Form 1040-SR.
However, income from cancellation of debt
is not taxed in certain circumstances. See Cancellation of debt, earlier, under Foreclosure or
Repossession.
Forms 1099-A and 1099-C. A lender who acquires an interest in your property in a foreclosure, repossession, or abandonment should
send you Form 1099-A showing the information
you need to figure your loss from the foreclosure, repossession, or abandonment. However,
if the lender cancels part of your debt and the
lender must file Form 1099-C, the lender may
include the information about the foreclosure,
repossession, or abandonment on that form instead of Form 1099-A. The lender must file
Form 1099-C and send you a copy if the canceled debt is $600 or more and the lender is a
financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. For
foreclosures, repossessions, abandonments of
property, and debt cancellations occurring in
2021, these forms should be sent to you by
January 31, 2022.

Dispositions of Property Used in Farming

9.
Dispositions of
Property Used
in Farming
Introduction
When you dispose of property used in your farm
business, your taxable gain or loss is usually
treated as ordinary income or capital gain (under the rules for section 1231 transactions). Ordinary income is taxed at the same rate as wages and interest. Capital gain is generally taxed
at lower rates.
When you dispose of depreciable property
(section 1245 property or section 1250 property) at a gain, you may have to recognize all or
part of the gain as ordinary income under the
depreciation recapture rules. Any gain remaining after applying the depreciation recapture
rules is a section 1231 gain, which may be
taxed as a capital gain. Similar rules apply to
the sale of property on which soil and water
conservation expenses have been deducted or
government cost-sharing payments have been
received.
Gains and losses from property used in
farming are reported on Form 4797, Sales of
Business Property. Table 9-1 contains examples of items reported on Form 4797 and refers
to the part of that form on which they first should
be reported.

Topics

This chapter discusses:

• Section 1231 gains and losses
• Depreciation recapture
• Other gains

Useful Items

You may want to see:
Publication
544 Sales and Other Dispositions
of Assets
544

Form (and Instructions)
4797 Sales of Business Property
4797

See chapter 16 for information about getting
publications and forms.

Section 1231
Gains and Losses
Section 1231 gains and losses are the taxable
gains and losses from section 1231 transactions (explained below). Their treatment as ordinary income or loss or capital gains depends on
whether you have a net gain or a net loss from

all of your section 1231 transactions in the tax
year.
If you have a gain from a section 1231
transaction, first determine whether
CAUTION any of the gain is ordinary income under the depreciation (or other) recapture rules
explained later. Do not take that gain into account as section 1231 gain.

!

Section 1231 transactions. Section 1231
transactions are sales and exchanges of real or
depreciable property held longer than 1 year
and used in a trade or business. Gain or loss on
the following transactions is subject to section
1231 treatment.
• Sale or exchange of cattle and horses.
The cattle and horses must be held for
draft, breeding, dairy, or sporting purposes
and held for 24 months or longer.
• Sale or exchange of other livestock.
This livestock must be held for draft,
breeding, dairy, or sporting purposes and
held for 12 months or longer. Other livestock includes hogs, mules, sheep, goats,
donkeys, and other fur-bearing animals.
Other livestock does not include poultry.
• Sale or exchange of depreciable real
property or personal property. This
property must be used in your business
and held longer than 1 year. Generally,
property held for the production of rents or
royalties is considered to be used in a
trade or business. This property must also
be either real property or is of a kind that is
subject to depreciation under section 167
of the Internal Revenue Code. Examples of
depreciable personal property include farm
machinery and trucks. It also includes amortizable section 197 intangibles.
• Sale or exchange of real estate. This
property must be used in your business
and held longer than 1 year. Examples are
your farm or ranch (including barns and
sheds).
• Sale or exchange of unharvested
crops. The crop and land must be sold,
exchanged, or involuntarily converted at
the same time and to the same person,
and the land must have been held longer
than 1 year. You cannot keep any right or
option to reacquire the land directly or indirectly (other than a right customarily incident to a mortgage or other security transaction). Growing crops sold with a
leasehold on the land, even if sold to the
same person in a single transaction, are
not considered a section 1231 transaction.
• Distributive share of partnership gains
and losses. Your distributive share must
be from the sale or exchange of property
listed above and held by the partnership
for longer than 1 year (or for the required
period for certain livestock). You will receive Schedule K-1 (Form 1065) showing
the appropriate classification of any gains
or losses distributed to you.
• Cutting or disposal of timber. Special
rules apply if you owned the timber longer
than 1 year and elect to treat timber cutting
as a sale or exchange, or you enter into a
cutting contract, as described in chapter 8
under Timber.

Table 9-1. Where To First Report Certain Items on Form 4797
Held 1 year
or less

Type of property
1

Depreciable trade or business property:
a Sold or exchanged at a gain . . . . . .
b Sold or exchanged at a loss . . . . . .

2

. . . . . . . . . . . . . .
. . . . . . . . . . . . . .

Farmland held less than 10 years for which soil or water
expenses were deducted:
a Sold at a gain . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Sold at a loss . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .
. . .

Held more than
1 year

Part II
Part II

Part III (1245, 1250)
Part I

Part II
Part II

Part III (1252)
Part I

3

All other farmland used in a trade or business

Part II

Part I

4

Disposition of cost-sharing payment property described in
section 126

Part II

Part III (1255)

5

Cattle and horses used in a trade or business for draft,
breeding, dairy, or sporting purposes:

Held less
than 24 mos.

a Sold at a gain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Sold at a loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c Raised cattle and horses sold at a gain . . . . . . . . . . . .
6

Livestock other than cattle and horses used in a trade or
business for draft, breeding, dairy, or sporting purposes:

Real or tangible trade or business property which was
deducted under the de minimis safe harbor

Part II
Part II
Part II
Held 1 year
or less
Part II

• Condemnation. The condemned property

(defined in chapter 11) must have been
held longer than 1 year. It must be business property or a capital asset held in
connection with a trade or business or a
transaction entered into for profit, such as
investment property. It cannot be property
held for personal use.
• Casualty or theft. The casualty or theft
must have affected business property,
property held for the production of rents or
royalties, or investment property (such as
notes and bonds). You must have held the
property longer than the required holding
period. However, if your casualty or theft
losses are more than your casualty or theft
gains, the net casualty or theft loss is fully
deductible and is not combined with other
section 1231 transactions in the section
1231 computation. Section 1231 does not
apply to personal casualty gains and losses. See chapter 11 for information on how
to treat those gains and losses.

If the property is not held for the required holding period, the transaction
CAUTION is not subject to section 1231 treatment, and any gain or loss is ordinary income
reported in Part II of Form 4797. See Table 9-1.

!

Property held for sale to customers. A sale,
exchange, or involuntary conversion of property
held mainly for sale to customers is not a section 1231 transaction. If you will get back all, or
nearly all, of your investment in the property by
selling it rather than by using it up in your business, it is property held mainly for sale to customers.

Part III (1245)
Part I
Part I

Held less
than 12 mos.

a Sold at a gain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Sold at a loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c Raised livestock sold at a gain . . . . . . . . . . . . . . . . . .
7

Part II
Part II
Part II

Held 24 mos.
or more

Held 12 mos.
or more
Part III (1245)
Part I
Part I
Held more than
1 year
Part II

tion, this property is not treated as a capital asset or as property used in the trade or business
under section 1231. Generally, any gain on the
disposition of this property is treated as ordinary
income reported on Part II of Form 4797.
Treatment as ordinary or capital. To determine the treatment of section 1231 gains and
losses, combine all of your section 1231 gains
and losses for the year.
• If you have a net section 1231 loss, it is an
ordinary loss.
• If you have a net section 1231 gain, it is ordinary income up to your nonrecaptured
section 1231 losses from previous years,
explained next. The rest, if any, is
long-term capital gain.
Nonrecaptured section 1231 losses.
Your nonrecaptured section 1231 losses are
your net section 1231 losses for the previous 5
years that have not been applied against a net
section 1231 gain. Therefore, if in any of your 5
preceding tax years you had section 1231 losses, a net gain for the current year from the sale
of section 1231 assets is ordinary gain to the
extent of your prior losses. These losses are
applied against your net section 1231 gain beginning with the earliest loss in the 5-year period.
Example. In 2021, Bradley has a $20,000
net section 1231 gain. To figure how much he
has to report as ordinary income and long-term
capital gain, he must first determine his section
1231 gains and losses from the previous 5-year
period. From 2016 through 2020, he had the following section 1231 gains and losses.

Property deducted under the de minimis
safe harbor for tangible property. If you deducted the cost of a property under the de minimis safe harbor for tangible property (currently
$2,500 or less), then upon its sale or disposiChapter 9

Dispositions of Property Used in Farming

Page 57

Year
2016
2017
2018
2019
2020

Amount
-0-0($25,000)
-0$18,000

Bradley uses this information to figure how
to report his net section 1231 gain for 2021 as
shown below.
1) Net section 1231 gain (2021) . . . . . $20,000
2) Net section 1231 loss
(2018) . . . . . . . . . . . . . . ($25,000)
3) Net section 1231 gain
(2020) . . . . . . . . . . . . . . $18,000

4) Remaining net section
1231 loss from
prior 5 years . . . . . . . . . ($7,000)
5) Gain treated as
$7,000
ordinary income . . . . . . . . . . . . . . .
6) Gain treated as long-term
capital gain . . . . . . . . . . . . . . $13,000

His remaining net section 1231 loss from
2018 is completely recaptured in 2021.

Depreciation Recapture
If you dispose of depreciable property (section
1245 or section 1250 property) or amortizable
property at a gain, you may have to treat all or
part of the gain (even if it is otherwise nontaxable) as ordinary income. Any remaining gain is
section 1231 gain (discussed earlier).
To figure any gain that must be reported as ordinary income, you must keep
RECORDS permanent records of the facts necessary to figure the depreciation or amortization
allowed or allowable on your property. For more
information on depreciation recapture, see
chapter 3 of Pub. 544. Also see Pub. 946.

Section 1245 Property
A gain on the disposition of section 1245 property is treated as ordinary income to the extent
of depreciation allowed or allowable. Any recognized gain that is more than the part that is
ordinary income is a section 1231 gain.
Section 1245 property includes any property
that is or has been subject to an allowance for
depreciation or amortization and that is any of
the following types of property.
1. Personal property (either tangible or intangible).
2. Other tangible property (except buildings
and their structural components) used as
any of the following. See Buildings and
structural components below.
a. An integral part of manufacturing, production, or extraction, or of furnishing
certain services.
b. A research facility in any of the activities in (a).
c. A facility in any of the activities in (a)
above, for the bulk storage of fungible
commodities (discussed later).
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Chapter 9

3. Where applicable, that part of real property (not included in (2)) with an adjusted
basis reduced by (but not limited to) the
following.
a. Amortization of certified pollution control facilities.
b. The section 179 expense deduction.
c. Deduction for clean-fuel vehicles and
certain refueling property.
d. Expenditures to remove architectural
and transportation barriers to the
handicapped and elderly.
e. Certain reforestation expenditures (as
described under Reforestation Costs
in chapter 7).
4. Single-purpose agricultural (livestock) or
horticultural structures.
5. Storage facilities (except buildings and
their structural components) used in distributing petroleum or any primary product
of petroleum.
Buildings and structural components. Section 1245 property does not include buildings
and structural components. The term “building”
includes a house, barn, warehouse, or garage.
The term “structural component” includes walls,
floors, windows, doors, central air conditioning
systems, light fixtures, etc.
Do not treat a structure that is essentially
machinery or equipment as a building or structural component. Also, do not treat a structure
that houses property used as an integral part of
an activity as a building or structural component
if the structure's use is so closely related to the
property's use that the structure can be expected to be replaced when the property it initially
houses is replaced.
The fact that the structure is specially designed to withstand the stress and other demands of the property and cannot be used economically for other purposes indicates it is
closely related to the use of the property it
houses. Structures such as oil and gas storage
tanks, grain storage bins, and silos are not treated as buildings, but as section 1245 property.
Facility for bulk storage of fungible commodities. This is a facility used mainly for the
bulk storage of fungible commodities. Bulk storage means storage of a commodity in a large
mass before it is used. For example, if a facility
is used to store oranges that have been sorted
and boxed, it is not used for bulk storage. To be
fungible, a commodity must be such that each
of its parts are essentially interchangeable, and
each of its parts are indistinguishable from another part.

Gain Treated as Ordinary Income
The gain treated as ordinary income on the
sale, exchange, or involuntary conversion of
section 1245 property, including a sale and
leaseback transaction, is the lesser of the following amounts.
1. The depreciation (which includes any section 179 deduction claimed) and amortization allowed or allowable on the property.

Dispositions of Property Used in Farming

2. The gain realized on the disposition (the
amount realized from the disposition minus the adjusted basis of the property).
See chapter 3 of Pub. 544 for more information
on dispositions of section 1245 property.
Use Part III of Form 4797 to figure the ordinary income part of the gain.
Depreciation claimed on other property or
claimed by other taxpayers. Depreciation
and amortization include the amounts you
claimed on the section 1245 property as well as
the following depreciation and amortization
amounts.
• Amounts you claimed on property you exchanged for, or converted to, your section
1245 property in an applicable like-kind exchange or involuntary conversion. For details on exchanges of property that are not
taxable, see Like-Kind Exchanges in chapter 8.
• Amounts a previous owner of the section
1245 property claimed if your basis is determined with reference to that person's
adjusted basis (for example, the donor's
depreciation deductions on property you
received as a gift).
Depreciation and amortization. Depreciation
and amortization deductions that must be recaptured as ordinary income include (but are
not limited to) the following items. See Depreciation Recapture in chapter 3 of Pub. 544 for
more details.
1. Ordinary depreciation deductions.
2. Section 179 deduction (see chapter 7).
3. Any special depreciation allowance.
4. Amortization deductions for any of the following costs.
a. Acquiring a lease.
b. Lessee improvements.
c. Pollution control facilities.
d. Reforestation expenses.
e. Section 197 intangibles.
f. Qualified disaster expenses.
g. Franchises, trademarks, and trade
names acquired before August 11,
1993.
Example. You file your returns on a calendar year basis. In February 2019, you bought
and placed in service for 100% use in your
farming business a light-duty truck (5-year property) that cost $30,000. You used the half-year
convention and your MACRS deductions for the
truck were $4,500 in 2019 and $7,650 in 2020.
You did not claim the section 179 expense deduction for the truck. You sold it in May 2021 for
$21,000. The MACRS deduction in 2021, the
year of sale, is $2,678 (1/2 of $5,355). Figure the
gain treated as ordinary income as follows.

1) Amount realized . . . . . . . . . . . . . . . . . .
2) Cost (February 2019) . . . . . .
$30,000
3) Depreciation allowed or
allowable (MACRS deductions:
14,828
$4,500 + $7,650 + $2,678) . . .
4) Adjusted basis (subtract line 3
from line 2) . . . . . . . . . . . . . . . . . . . . .
5) Gain realized (subtract line 4
from line 1) . . . . . . . . . . . . . . . . . . . . .
6) Gain treated as ordinary income
(lesser of line 3 or line 5) . . . . . . . .

$21,000

$15,172
5,828
$5,828

Depreciation allowed or allowable. You
generally use the greater of the depreciation allowed or allowable when figuring the part of
gain to report as ordinary income. If, in prior
years, you have consistently taken proper deductions under one method, the amount allowed for your prior years will not be increased
even though a greater amount would have been
allowed under another proper method. If you
did not take any deductions in prior years for
depreciation, your adjustments to basis for depreciation allowable are figured by using the
straight line method. This treatment applies only
when figuring what part of the gain is treated as
ordinary income under the rules for section
1245 depreciation recapture. For more information on depreciation allowed or allowable, see
chapter 7. For information on adjustments to
basis for depreciation allowed or allowable, see
chapter 6.
Disposition of plants. If you elect not to use
the uniform capitalization rules (see chapter 6),
you must treat any plant that would have been
subject to the uniform capitalization rules as
section 1245 property. If you have a gain on the
property's disposition, you must recapture the
pre-productive expenses you would have capitalized if you had not made the election by treating the gain, up to the amount of these expenses, as ordinary income. For section 1231
transactions, show these expenses as depreciation on Form 4797, Part III, line 22. For plant
sales that are reported on Schedule F (Form
1040), Profit or Loss From Farming, this recapture rule does not change the reporting of income because the gain is already ordinary income. You can use the farm-price method
discussed in chapter 2 to figure these expenses.
Example. Debbie sold her apple orchard in
2021 for $80,000. Her adjusted basis at the
time of sale was $60,000. She bought the orchard in 2014, but the trees did not produce a
crop until 2017. Her pre-productive expenses
were $6,000. She elected not to use the uniform
capitalization rules. Debbie must treat $6,000 of
the gain as ordinary income in addition to recapturing depreciation allowed or allowable on
the orchard. This amount would be reported on
Form 4797, Part III, as ordinary income.

Section 1250 Property
Section 1250 property includes all real property
subject to an allowance for depreciation that is
not and never has been section 1245 property.
It includes buildings and structural components
that are not section 1245 property (discussed
earlier). It includes a leasehold of land or section 1250 property subject to an allowance for

depreciation. A fee simple interest in land is not
section 1250 property because, like land, it is
not depreciable.

Other Gains

Gain on the disposition of section 1250
property is treated as ordinary income to the extent of additional depreciation allowed or allowable. To determine the additional depreciation
on section 1250 property, see Depreciation Recapture in chapter 3 of Pub. 544.

This section discusses gain on the disposition
of farmland for which you were allowed either of
the following.
• Deductions for soil and water conservation
expenditures (section 1252 property).
• Exclusions from income for certain cost
sharing payments (section 1255 property).

Use Part III of Form 4797 to figure the ordinary income part of the gain.
You will not have additional depreciation if
any of the following apply to the property disposed of.
• You figured depreciation for the property
using the straight line method or any other
method that does not result in depreciation
that is more than the amount figured by the
straight line method and you have held the
property longer than 1 year.
• You chose the alternate ACRS (straight
line) method for the property, which was a
type of 15-, 18-, or 19-year real property
covered by the section 1250 rules.
• The property was nonresidential real property placed in service after 1986 (or after
July 31, 1986, if the choice to use MACRS
was made) and you held it longer than 1
year. These properties are depreciated using the straight line method.

Installment Sale
If you report the sale of property under the installment method, any depreciation recapture
under section 1245 or 1250 is taxable as ordinary income in the year of sale. This applies
even if no payments are received in that year. If
the gain is more than the depreciation recapture
income, report the rest of the gain using the
rules of the installment method. For this purpose, include the recapture income in your installment sale basis to determine your gross
profit on the installment sale.
If you dispose of more than one asset in a
single transaction, you must separately figure
the gain on each asset so that it may be properly reported. To do this, allocate the selling
price and the payments you receive in the year
of sale to each asset. Report any depreciation
recapture income in the year of sale before using the installment method for any remaining
gain.
For more information on installment sales,
see chapter 10.

Other Dispositions
Chapter 3 of Pub. 544 discusses the tax treatment of the following transfers of depreciable
property.
• By gift.
• At death.
• In like-kind exchanges.
• In involuntary conversions.
Pub. 544 also explains how to handle a single
transaction involving multiple properties.
Chapter 9

Section 1252 property. If you disposed of
farmland you held more than 1 year and less
than 10 years at a gain and you were allowed
deductions for soil and water conservation expenses for the land, as discussed in chapter 5,
you must treat part of the gain as ordinary income and treat the balance as section 1231
gain.
Exceptions. Do not treat gain on the following transactions as gain on section 1252
property.
• Disposition of farmland by gift.
• Transfer of farm property at death (except
for income in respect of a decedent).
For more information, see Regulations section
1.1252-2.
Amount to report as ordinary income.
You report as ordinary income the lesser of the
following amounts.
• Your gain (determined by subtracting the
adjusted basis from the amount realized
from a sale, exchange, or involuntary conversion, or the FMV for all other dispositions).
• The total deductions allowed for soil and
water conservation expenses multiplied by
the applicable percentage, discussed next.
Applicable percentage. The applicable
percentage is based on the length of time you
held the land. If you dispose of your farmland
within 5 years after the date you acquired it, the
percentage is 100%. If you dispose of the land
within the 6th through 9th year after you acquired it, the applicable percentage is reduced
by 20% a year for each year or part of a year
you hold the land after the 5th year. If you dispose of the land 10 or more years after you acquired it, the percentage is 0%, and the entire
gain is a section 1231 gain.
Example. You acquired farmland on January 19, 2013. You incurred $15,000 of soil and
water conservation expenditures for the land
that were fully deductible. On October 5, 2021,
you sold the land at a $30,000 gain. The applicable percentage is 40% since you sold the
land within the 8th year after you acquired it.
You treat $6,000 (40% of $15,000) of the
$30,000 gain as ordinary income and the
$24,000 balance as a section 1231 gain.
Section 1255 property. If you receive certain
cost-sharing payments on property and you exclude those payments from income (as discussed in chapter 3), you may have to treat part
of any gain as ordinary income and treat the
balance as a section 1231 gain. If you chose
not to exclude these payments, you will not
have to recognize ordinary income under this
provision.

Dispositions of Property Used in Farming

Page 59

Amount to report as ordinary income.
You report as ordinary income the lesser of the
following amounts.
• The applicable percentage of the total excluded cost-sharing payments.
• The gain on the disposition of the property.

Useful Items

You may want to see:
Publication
523 Selling Your Home
535 Business Expenses

Applicable percentage. The applicable
percentage of the excluded cost-sharing payments to be reported as ordinary income is
based on the length of time you hold the property after receiving the payments. If the property
is held less than 10 years after you receive the
payments, the percentage is 100%. After 10
years, the percentage is reduced by 10% a
year, or part of a year, until the rate is 0%.

551 Basis of Assets

535

537 Installment Sales
537

538 Accounting Periods and Methods
538

544 Sales and Other Dispositions of
Assets
544

551

Form (and Instructions)
4797 Sales of Business Property
4797

6252 Installment Sale Income
6252

8594 Asset Acquisition Statement Under
Section 1060
8594

8949 Sales and Other Dispositions of
Capital Assets
8949

See chapter 16 for information about getting
publications and forms.

Installment Sale
of a Farm

10.
Installment
Sales
Introduction
An installment sale is a sale of property where
you receive at least one payment after the tax
year of the sale. If you realize a gain on an installment sale, you may be able to report part of
your gain when you receive each payment. This
method of reporting gain is called the installment method. You can’t use the installment
method to report a loss. You can choose to report all of your gain in the year of sale.
Installment obligation. The buyer’s obligation
to make future payments to you can be in the
form of a deed of trust, note, land contract,
mortgage, or other evidence of the buyer’s debt
to you.

This chapter discusses:

• The general rules that apply to using the
installment method.

• Installment sale of a farm.

Page 60

The installment sale of a farm for one overall
price under a single contract isn’t the sale of a
single asset. It generally includes the sale of
real property and personal property reportable
on the installment method. It may also include
the sale of property for which you must maintain
an inventory, which can’t be reported on the installment method. See Inventory, later. The selling price must be allocated to determine the
amount received for each class of asset.
Note. You may be required to report the
sale of your farm on Form 8594, Asset Acquisition Statement. For more information, see Form
8594 and its instructions.
The tax treatment of the gain or loss on the
sale of each class of asset is determined by its
classification as a capital asset, as property
used in the business, or as property held for
sale and by the length of time the asset was
held. (See chapter 8 for a discussion of capital
assets and chapter 9 for a discussion of property used in the business.) Separate computations must be made to figure the gain or loss for
each class of asset sold. See Sale of a Farm in
chapter 8.
If you report the sale of property on the
installment method, any depreciation
CAUTION recapture under section 1245 or 1250
is generally taxable as ordinary income in the
year of sale. See Depreciation recapture, later.
This applies even if no payments are received
in that year.

!

Topics

Chapter 10

Installment Sales

Installment Method

523

You do not report ordinary income under this
rule to the extent the gain is recognized as ordinary income under sections 1231 through 1254,
1256, and 1257. However, if applicable, gain reported under this rule must be reported regardless of any contrary provisions (including nonrecognition provisions) under any other section.

Form 4797, Part III. Use Form 4797, Part III,
to figure the ordinary income part of a gain from
the sale, exchange, or involuntary conversion of
section 1252 property and section 1255 property.

mation, see Related Person under Sale to a
Related Person in Pub. 537.

Related parties. If you sell property to a related party, you may not be able to report the sale
using the installment method. Generally, members of a family aren’t related parties for purposes of the installment method. For more infor-

An installment sale is a sale of property where
you receive at least one payment after the tax
year of the sale. A farmer who isn’t required to
maintain an inventory can use the installment
method to report gain from the sale of property
used or produced in farming. See Inventory,
later, for information on the sale of farm property where inventory items are included in the
assets sold.
If a sale qualifies as an installment sale, the
gain must be reported under the installment
method unless you elect out of using the installment method.
Electing out of the installment method. If
you elect not to use the installment method, you
generally report the entire gain in the year of
sale, even though you don’t receive all the sale
proceeds in that year.
To make this election, don’t report your sale
on Form 6252. Instead, report it on Schedule F
(Form 1040), Schedule D (Form 1040), Form
4797, or all three.
You may also need to file Form 8949, Sales
and Other Dispositions of Capital Assets, along
with Schedule D (Form 1040), Capital Gains
and Losses. For more information, see Form
8949, and its instructions.
When to elect out. Make this election by
the due date, including extensions, for filing
your tax return for the year the sale takes place.
However, if you timely file your tax return for
the year the sale takes place without making the
election, you can still make the election 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. File the amended return at the same address you filed the original
return. If you electronically filed your Form 1040
or 1040-SR, you may electronically file the
Form 1040-X.
Revoking the election. Once made, the
election can be revoked only with IRS approval.
An approved revocation is retroactive.
The taxpayer can’t revoke the election if either of the following applies.
• One of the purposes is to avoid federal income tax.
• The tax year in which any payment was received has closed.
To revoke the election, you must obtain a
private letter ruling from the IRS. The procedures and user fees for obtaining a private letter
ruling are published annually in the first revenue
procedure issued each calendar year. For
2021,
go
to
IRS.gov/irb/
2021-01_IRB#RP-2021-01.
Send your request for a private letter ruling,
including the applicable user fee, to the IRS following the instructions in section 7 of Rev. Proc.
2021-1. A schedule of the current user fees is
available in Appendix A of Rev. Proc. 2021-1,
starting on page 83.

Inventory. If you aren’t required to maintain
(keep a record of beginning and ending) inventories under your method of accounting, you
can report gain from the sale of farm inventory
using the installment method. Complete Form
6252 to figure the amount of installment gain to
report each year from the sale of farm inventory
and carry that amount to line 8 of Schedule F
(Form 1040).
If you are required to maintain inventories
under your method of accounting, you can’t report gain from the sale of farm inventory using
the installment method. All gain or loss on the
sale of farm inventory must be reported in the
year of sale, even if you receive payment in
later years. If inventory items are included in an
installment sale, you may have an agreement
stating which payments are for inventory and
which are for the other assets being sold. If you
don’t, each payment must be allocated between
the inventory and the other assets sold.
More information. See Inventory under
Sale of a Business in Pub. 537 for more information.
Sale at a loss. If your sale results in a loss,
you can’t use the installment method. If the loss
is on an installment sale of business assets, you
can deduct it only in the tax year of sale.

Figuring Installment
Sale Income
Each payment on an installment sale usually
consists of the following three parts.
• Interest income.
• Return of your adjusted basis in the property.
• Gain on the sale.
In each year you receive a payment, you must
include in income both the interest part and the
part that is your gain on the sale. Don’t include
in income the part that is the return of your basis
in the property. Basis is the amount of your investment in the property for installment sale
purposes.
Interest income. You must report interest as
ordinary income. Interest generally isn’t included in a down payment. However, you may
have to treat part of each later payment as interest, even if it isn’t called interest in your agreement with the buyer. Interest provided in the
agreement is called stated interest. If the agreement doesn’t provide for enough stated interest,
there may be unstated interest or original issue
discount. See Unstated interest, later.
You must continue to report the interest
income on payments you receive in
CAUTION subsequent years as interest income
whether it’s stated or unstated.

!

Adjusted basis and installment sale income
(gain on sale). After you have determined
how much of each payment to treat as interest,
you treat the rest of each payment as if it were
made up of two parts.
• A tax-free return of your adjusted basis in
the property, and
• Your gain (referred to as “installment sale
income” on Form 6252).

Worksheet 10-1. Figuring Adjusted Basis and Gross Profit Percentage
Keep for Your Records
1. Enter the selling price for the property . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter your adjusted basis for the property . . . . . . . . . . . . .
3. Enter your selling expenses . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter any depreciation recapture . . . . . . . . . . . . . . . . . . . . .
5. Add lines 2, 3, and 4.
This is your adjusted basis
for installment sale purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 1. If zero or less, enter -0-.
This is your gross profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the amount entered on line 6 is zero, stop here. You can’t use
the installment method.
7. Enter the contract price for the property . . . . . . . . . . . . . . . . . . . . . . .
8. Divide line 6 by line 7. This is your gross
profit percentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Figuring adjusted basis and gross profit
percentage for installment sale purposes.
You can use Worksheet 10-1 to figure your adjusted basis in the property for installment sale
purposes. When you have completed the worksheet, you will also have determined the gross
profit percentage necessary to figure your installment sale income (gain) for this year.
1. Selling price. The selling price is the total
cost of the property to the buyer and includes the following.
• Any money you’re to receive.
• The fair market value (FMV) of any
property you’re to receive (FMV is
discussed under Property used as a
payment, later).
• Any existing mortgage or other debt
the buyer pays, assumes, or takes
the property subject to (a note, mortgage, or any other liability, such as a
lien, accrued interest, or taxes you
owe on the property).
• Any of your selling expenses the
buyer pays.
Don’t include stated interest, unstated
interest, any amount recomputed or recharacterized as interest, or original issue
discount in the selling price.
2. Adjusted basis. Your adjusted basis in
property immediately before the installment sale is your original basis increased
or reduced as a result of various events
while you own the property.
• Some events, such as adding rooms
or making permanent improvements,
increase basis. Others, such as deductible casualty losses or depreciation previously allowed or allowable,
decrease basis.
• The way you figure your original basis
depends on how you acquire the
property. The basis of property you
buy is generally its cost. The basis of
property you inherit, receive as a gift,
build yourself, or receive in a tax-free
exchange is figured differently. See

chapter 6 and Pub. 551, Basis of Assets, for more information.
• Generally, your adjusted basis in
raised farm products, such as grain or
market livestock, is zero.
3. Selling expenses. Selling expenses relate to the sale of the property. Review the
closing statement for fees, which may
qualify as selling expenses. These may include appraisal fees, attorney fees, closing fees, document preparation fees, escrow fees, mortgage satisfaction fees,
notary fees, points paid by the seller to obtain financing for the buyer, real estate
broker’s commission, recording fees (if
paid by the seller), costs of removing title
clouds, settlement fees, title search fees,
and transfer or stamp taxes charged by
city, county, or state governments.
4. Depreciation recapture. If the property
you sold was depreciable property:
• You may need to recapture part of the
gain on the sale as ordinary income.
• See Depreciation Recapture in chapter 9 and Depreciation Recapture Income in Pub. 537.
5. Adjusted basis for installment sale
purposes. Your adjusted basis for installment sale purposes is the total of the following three items.
• Adjusted basis.
• Selling expenses.
• Depreciation recapture.
6. Gross profit. Gross profit is the total gain
you report on the installment method.
• To figure your gross profit, subtract
your adjusted basis for installment
sale purposes from the selling price.
• If the property you sold was your
home, subtract from the gross profit
any gain you can exclude. See Pub.
523, Selling Your Home, for more information.
7. Contract price. Contract price equals:
• The selling price, minus
Chapter 10

Installment Sales

Page 61

• The amount of any mortgages, debts,

and other liabilities assumed or taken
by the buyer, plus
• The amount, if any, by which the
mortgages, debts, and other liabilities
assumed or taken by the buyer exceed your adjusted basis for installment sale purposes.

Worksheet 10-2. New Gross Profit Percentage — Selling Price Reduced
Keep for Your Records
1. Enter the reduced selling
price for the property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter your adjusted
basis for the
property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Enter your selling
expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter any depreciation
recapture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Add lines 2, 3, and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 1.
This is your adjusted
gross profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Enter any installment sale
income reported in
prior year(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. Subtract line 7 from line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Future installments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Divide line 8 by line 9.
This is your new
gross profit percentage* . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Gross profit percentage. A certain percentage of each payment (after subtracting interest) is reported as installment sale
income. This percentage is called the
gross profit percentage and is figured by
dividing your gross profit from the sale by
the contract price.
• The gross profit percentage generally
remains the same for each payment
you receive. However, see Example
under Selling price reduced, later, for
a situation where the gross profit percentage changes.
Example. You sell property at a contract
price of $60,000 and your gross profit is
$15,000. Your gross profit percentage is 25%
($15,000 ÷ $60,000). After subtracting interest
from each payment, you report 25% of each
payment, including the down payment, as installment sale income from the sale for the tax
year you receive the payment. The remainder
(balance) of each payment is the tax-free return
of your adjusted basis.
Amount to report as installment sale income. Multiply the payments you receive each
year (less interest) by the gross profit percentage. The result is your installment sales income
for the tax year. In certain circumstances, you
may be treated as having received a payment,
even though you received nothing directly. A receipt of property or the assumption of a mortgage on the property sold may be treated as a
payment. For a detailed discussion, see Payments Received or Considered Received, later.
Selling price reduced. If the selling price
is reduced at a later date, the gross profit on the
sale will also change. You must then refigure
the gross profit percentage for the remaining
payments. Refigure your gross profit using
Worksheet 10-2. You will spread any remaining
gain over future installments.
Example. In 2019, you sold land with a basis of $40,000 for $100,000. Your gross profit
was $60,000. You received a $20,000 down
payment and the buyer’s note for $80,000. The
note provides for monthly payments of $1,953
each, figured at 8% interest, amortized over 4
years, beginning in January 2020. Your gross
profit percentage was 60%. You received the
down payment of $20,000 in 2019 and total
payments of $23,436 in 2020, of which $17,675
was principal and $5,761 was interest according to the amortization schedule. You reported a
gain of $12,000 on the down payment received
in 2019 and $10,605 ($17,675 x 60% (0.60)) in
2020.
In January 2021, you and the buyer agreed
to reduce the purchase price to $85,000; and
payments during 2021, 2022, and 2023 are reduced to $1,483 a month amortized over the remaining 3 years.
Page 62

Chapter 10

Installment Sales

* Apply this percentage to all future payments to determine how much of each of those payments is installment sale
income.

The new gross profit percentage, 47.32%, is
figured in Example — Worksheet 10-2.
Example —
New Gross Profit
Worksheet 10-2. Percentage — Selling Price Reduced

Keep for Your Records
1.
2.

3.
4.
5.
6.

Enter the reduced selling
price for the property . .
Enter your adjusted
basis for the
property . . . . . . . . . .
Enter your selling
expenses . . . . . . . . .
Enter any depreciation
recapture . . . . . . . . .
Add lines 2, 3, and 4 . .

. . . . . . . .

. .

40,000

. .

-0-

-0. .
. . . . . . . .

8.

Subtract line 5 from line 1.
This is your adjusted
gross profit . . . . . . . . . . . . . . .
Enter any installment sale
income reported in
prior year(s) . . . . . . . . . . . . . . .
Subtract line 7 from line 6 . . . . . . .

9.

Future installments

7.

85,000

40,000

45,000

22,605
22,395

. . . . . . . . . . .

47,325

10. Divide line 8 by line 9.
This is your new
gross profit percentage* . . . . . . .

47.32%

* Apply this percentage to all future payments to determine
how much of each of those payments is installment sale
income.

You will report installment sale income of
$6,878 (47.32% of $14,535) in 2021, $7,449
(47.32% of $15,742) in 2022, and $8,067
(47.32% of $17,048) in 2023.

Form 6252. Use Form 6252 to report an installment sale in the year it takes place and to
report payments received, or considered received because of related party resales, in later
years. Attach it to your tax return for each year.

Disposition of
Installment Obligation
A disposition generally includes a sale, exchange, cancellation, bequest, distribution, or
transmission of an installment obligation. An installment obligation is the buyer’s note, deed of
trust, or other evidence that the buyer will make
future payments to you.
If you’re using the installment method and
you dispose of the installment obligation, you
will generally have a gain or loss to report. It’s
considered gain or loss on the sale of the property for which you received the installment obligation.
Cancellation. If an installment obligation is
canceled or otherwise becomes unenforceable,
it’s treated as a disposition other than a sale or
exchange. Your gain or loss is the difference
between your basis in the obligation and its
FMV at the time you cancel it. If the parties are
related, the FMV of the obligation is considered
to be no less than its full face value.
Transfer due to death. The transfer of an installment obligation (other than to a buyer) as a
result of the death of the seller isn’t a disposition. Any unreported gain from the installment

obligation isn’t treated as gross income to the
decedent. No income is reported on the decedent’s return due to the transfer. Whoever receives the installment obligation as a result of
the seller’s death is taxed on the installment
payments the same as the seller would’ve been
had the seller lived to receive the payments.
However, if the installment obligation is canceled, becomes unenforceable, or is transferred to the buyer because of the death of the
holder of the obligation, it’s a disposition. The
estate must figure its gain or loss on the disposition. If the holder and the buyer were related,
the FMV of the installment obligation is considered to be no less than its full face value.
More information. For more information,
see Disposition of an Installment Obligation in
Pub. 537.
Sale of depreciable property. You generally
can’t report gain from the sale of depreciable
property to a related person on the installment
method. However, see Related parties under
Installment Sale of a Farm, earlier.
You generally can’t use the installment
method to report any depreciation recapture income. However, you can report any gain
greater than the recapture income on the installment method.
The recapture income reported in the year
of sale is included in your installment sale basis
to determine your gross profit on the installment
sale.
Figure your depreciation recapture income
(including the section 179 deduction and the
section 179A deduction recapture) in Part III of
Form 4797. As instructed on the form, transfer
the depreciation recapture income to Part II of
Form 4797 as ordinary income in the year of
sale.
If you sell depreciable business prop-

TIP erty, prepare Form 4797 first in order to

figure the amount to enter on line 12 of
Part I, Form 6252. See the Form 6252 instructions for details.
For more information on the section 179 deduction, see Section 179 Expense Deduction in
chapter 7. For more information on depreciation
recapture, see Depreciation Recapture in chapter 9.

Payments Received or
Considered Received
You must figure your gain each year on the payments you receive, or are treated as receiving,
from an installment sale.
In certain situations, you’re considered to
have received a payment, even though the
buyer doesn’t pay you directly. These situations
occur when the buyer assumes or pays any of
your debts, such as a loan, or pays any of your
expenses, such as a sales commission. However, as discussed later, the buyer’s assumption of your debt is treated as a recovery of basis, rather than as a payment, in many cases.
Buyer pays seller’s expenses. If the buyer
pays any of your expenses related to the sale of
your property, it’s considered a payment to you
in the year of sale. Include these expenses in

the selling and contract prices when figuring the
gross profit percentage.
Buyer assumes mortgage. If the buyer assumes or pays off your mortgage, or otherwise
takes the property subject to the mortgage, the
following rules apply.
Mortgage less than basis. If the buyer assumes a mortgage that isn’t more than your installment sale basis in the property, it isn’t considered a payment to you. It’s considered a
recovery of your basis. The contract price is the
selling price minus the mortgage.
Example. You sell property with an adjusted basis of $19,000. You have selling expenses of $1,000. The buyer assumes your existing
mortgage of $15,000 and agrees to pay you
$10,000 (a cash down payment of $2,000 and
$2,000 (plus 8% interest) in each of the next 4
years).
The selling price is $25,000 ($15,000 +
$10,000). Your gross profit is $5,000 ($25,000 −
$20,000 installment sale basis). The contract
price is $10,000 ($25,000 − $15,000 mortgage).
Your gross profit percentage is 50% ($5,000 ÷
$10,000). You report half of each $2,000 payment received as gain from the sale. You also
report all interest you receive as ordinary income.
Mortgage more than basis. If the buyer
assumes a mortgage that is more than your installment sale basis in the property, you recover
your entire basis. The part of the mortgage
greater than your basis is treated as a payment
received in the year of sale.
To figure the contract price, subtract the
mortgage from the selling price. This is the total
amount (other than interest) you will receive directly from the buyer. Add to this amount the
payment you’re considered to have received
(the difference between the mortgage and your
installment sale basis). The contract price is
then the same as your gross profit from the
sale.
If the mortgage the buyer assumes is

TIP equal to or more than your installment

sale basis, the gross profit percentage
will always be 100%.

Example. The selling price for your property is $90,000. The buyer will pay you $10,000
annually (plus 8% interest) over the next 3
years and assume an existing mortgage of
$60,000. Your adjusted basis in the property is
$44,000. You have selling expenses of $6,000,
for a total installment sale basis of $50,000. The
part of the mortgage that is more than your installment sale basis is $10,000 ($60,000 −
$50,000). This amount is included in the contract price and treated as a payment received in
the year of sale. The contract price is $40,000:
Selling price
Minus: Mortgage

$90,000
(60,000)

Amount actually received

$30,000

Add difference:
Mortgage
Minus: Installment sale basis
Contract price

$60,000
50,000

10,000
$40,000

Your gross profit on the sale is also $40,000:
Selling price
Minus: Installment sale basis

$90,000
(50,000)

Gross profit

$40,000

Your gross profit percentage is 100%. Report 100% of each payment (less interest) as
gain from the sale. Treat the $10,000 excess of
the mortgage over your installment sale basis
as a payment and report 100% of it as gain in
the year of sale.
Buyer assumes other debts. If the buyer assumes any other debts, such as a loan or back
taxes, it may be considered a payment to you in
the year of sale.
If the buyer assumes the debt instead of
paying it off, only part of it may have to be treated as a payment. Compare the debt to your installment sale basis in the property being sold.
If the debt is less than your installment sale basis, none of it is treated as a payment. If it’s
more, only the difference is treated as a payment. If the buyer assumes more than one debt,
any part of the total that is more than your installment sale basis is considered a payment.
These rules are the same as the rules discussed earlier under Buyer assumes mortgage.
However, they apply only to the following types
of debt the buyer assumes.
• Those acquired from ownership of the
property you’re selling, such as a mortgage, lien, overdue interest, or back taxes.
• Those acquired in the ordinary course of
your business, such as a balance due for
inventory you purchased.
If the buyer assumes any other type of debt,
such as a personal loan or your legal fees relating to the sale, it’s treated as if the buyer had
paid off the debt at the time of the sale. The
value of the assumed debt is then considered a
payment to you in the year of sale.
Property used as a payment. If you receive
property rather than money from the buyer, it’s
still considered a payment in the year received.
However, see Trading property for like-kind
property, later. Generally, the amount of the
payment is the property’s FMV on the date you
receive it.
Exception. If the property the buyer gives
you is payable on demand or readily tradable
(see examples later), the amount you should
consider as payment in the year received is:
• The FMV of the property on the date you
receive it if you use the cash method of accounting;
• The face amount of the obligation on the
date you receive it if you use an accrual
method of accounting; or
• The stated redemption price at maturity
less any original issue discount (OID) or, if
there is no OID, the stated redemption
price at maturity appropriately discounted
to reflect total unstated interest. See Unstated interest, later.
Examples. If you receive a note from the
buyer as payment, and the note stipulates that
you can demand payment from the buyer at any
time, the note is payable on demand. If you receive marketable securities from the buyer as
Chapter 10

Installment Sales

Page 63

Debt not payable on demand. Any evidence of debt you receive from the buyer that
isn’t payable on demand isn’t considered a payment. This is true even if the debt is guaranteed
by a third party, including a government
agency.
Fair market value (FMV). This is the price
at which property would change hands between
a willing buyer and a willing seller, neither being
under any compulsion to buy or sell and both
having a reasonable knowledge of all the necessary facts.
Third-party note. If the property the buyer
gives you is a third-party note (or other obligation of a third party), you’re considered to have
received a payment equal to the note’s FMV.
Because the FMV of the note is itself a payment
on your installment sale, any payments you
later receive from the third party aren’t considered payments on the sale. The excess of the
note’s face value over its FMV is interest. Exclude this interest in determining the selling
price of the property. However, see Exception
under Property used as a payment, earlier.
Example. You sold real estate in an installment sale. As part of the down payment, the
buyer assigned to you a $50,000, 8%
third-party note. The FMV of the third-party note
at the time of the sale was $30,000. This
amount, not $50,000, is a payment to you in the
year of sale. The third-party note had an FMV
equal to 60% of its face value ($30,000 ÷
$50,000), so 60% of each principal payment
you receive on this note is a nontaxable return
of capital. The remaining 40% is interest taxed
as ordinary income.
Bond. A bond or other evidence of debt
you receive from the buyer that is payable on
demand or readily tradable in an established
securities market is treated as a payment in the
year you receive it. For more information on the
amount you should treat as a payment, see Exception under Property used as a payment, earlier.
If you receive a government or corporate
bond for a sale before October 22, 2004, and
the bond has interest coupons attached or can
be readily traded in an established securities
market, you’re considered to have received
payment equal to the bond’s FMV. However,
see Exception under Property used as a payment, earlier.
Buyer’s note. The buyer’s note (unless
payable on demand) isn’t considered payment
on the sale. However, its full face value is included when figuring the selling price and the contract price. Payments you receive on the note
are used to figure your gain in the year received.
Sale to a related person. If you sell depreciable property to a related person and the sale is
an installment sale, you may not be able to rePage 64

Chapter 10

Installment Sales

port the sale using the installment method. For
information on these rules, see the Instructions
for Form 6252 and Related parties under Installment Sale of a Farm, earlier.
Trading property for like-kind property. If
you trade business or investment real property
solely for other business or investment real
property of a like kind, you can postpone reporting the gain from the trade. These trades are
known as like-kind exchanges. The property
you receive in a like-kind exchange is treated as
if it were a continuation of the property you gave
up. A trade isn’t a like-kind exchange if the
property you trade or the property you receive is
property you hold primarily for sale to customers. See Like-Kind Exchanges in chapter 8 for a
discussion of like-kind property.
If, in addition to like-kind property, you receive an installment obligation in the exchange,
the following rules apply to determine installment sale income each year.
• The contract price is reduced by the FMV
of the like-kind property received in the
trade.
• The gross profit is reduced by any gain on
the trade that can be postponed.
• Like-kind property received in the trade
isn’t considered payment on the installment obligation.
Unstated interest. An installment sale contract may provide that each deferred payment
on the sale will include interest or that there will
be an interest payment in addition to the principal payment. Interest provided in the contract is
called stated interest.
If an installment sale contract doesn’t provide for adequate stated interest, section 483
provides that part of the stated principal amount
of the contract may be recharacterized as interest. This interest is called unstated interest.
If section 1274 applies to the contract, this
interest is called original issue discount (OID).
Generally, if a buyer gives a debt in consideration for personal use property, the unstated
interest rules don’t apply to the buyer. Therefore, the buyer can’t deduct the unstated interest. The seller must report the unstated interest
as income. Personal-use property is any property in which substantially all of its use by the
buyer isn’t in connection with a trade or business or an investment activity.
If the debt is subject to section 483 rules and
is also subject to the below-market loan rules,
such as a gift loan, compensation-related loan,
or corporation-shareholder loan, then both parties are subject to the below-market loan rules
rather than the unstated interest rules.
Unstated interest reduces the stated selling
price of the property and the buyer’s basis in
the property. It increases the seller’s interest income and the buyer’s interest expense.
In general, an installment sale contract provides for adequate stated interest if the stated
interest rate (based on an appropriate compounding period) is at least equal to the applicable federal rate (AFR).
The AFRs are published monthly in the
Internal Revenue Bulletin (IRB). You
can access the IRBs at IRS.gov/
Guidance.

More information. For more information,
see Unstated Interest and Original Issue Discount (OID) in Pub. 537.

Example
On January 3, 2021, you sold your farm, including the home, farmland, and buildings. You received $50,000 down and the buyer’s note for
$200,000. In addition, the buyer assumed an
outstanding $50,000 mortgage on the farmland.
The total selling price was $300,000. The note
payments of $25,000 each, plus adequate interest, are due every July 1 and January 1, beginning in July 2021. Your selling expenses were
$15,000.
Adjusted basis and depreciation. The adjusted basis and depreciation claimed on each asset sold are as follows:
Seller’s Depreciation
Basis
Claimed

Adjusted
Basis

,

payment, and you can sell the securities on an
established securities market (such as the New
York Stock Exchange) at any time, the securities are readily tradable. In these examples,
use the above rules to determine the amount
you should consider as payment in the year received.

Home*
Farmland
Buildings

$33,743
73,610
66,630

$0
0
31,500

$33,743
73,610
35,130

* Owned and used as main home for at least 2 of the 5 years
prior to the sale

Adjusted basis for installment sale purposes. To determine the adjusted basis for installment sale purposes, prorate the selling expense based on the relative FMV of each asset
and add it to the adjusted basis (see above).

Home*
Farmland
Buildings

Selling
Expense

Adjusted
Basis

Adjusted
Basis for
Installment
Sale

$3,000
8,250
3,750

$33,743
73,610
35,130

$36,743
81,860
38,880

$15,000

$142,483

$157,483

* Owned and used as main home for at least 2 of the 5 years
prior to the sale

Depreciation recapture. The buildings are
section 1250 property. There may be specific
rules for depreciation recapture of buildings
(1250 property) using the straight-line method.
See chapter 9 for more information on depreciation recapture.
Special rules may apply when you sell section 1250 assets depreciated under the
straight-line method. See the Unrecaptured
Section 1250 Gain Worksheet in the Instructions for Schedule D (Form 1040). As payments
are received on the installment sale, unrecognized 1250 gain must be recognized before any
section 1231 gain is recognized. See chapter 3
of Pub. 544 for more information on section
1250 assets.
Gross profit. The following table shows each
asset reported on the installment method, its
selling price, adjusted basis for installment sale,
gain, and gross profit.

Home
Farmland
Buildings

Selling
Price
$60,000
165,000
75,000
$300,000

Adjusted
Basis
$36,743
81,860
38,880

Gain
$23,257
83,140
36,120

Gross
Profit
$0
83,140
36,120

$157,483 $142,517 $119,260

Home. The gain on the home ($23,257) is
excluded from your income because it qualifies
for the exclusion of gain from the sale of a principal residence. Therefore, don’t include that
gain when you figure your gross profit percentage.
Section 1231 gains. The gain on the farmland
and buildings is reported as section 1231 gains.
See Section 1231 Gains and Losses in chapter 9.
Contract price and gross profit percentage.
The contract price is $250,000. This is calculated by subtracting the $50,000 mortgage assumed from the $300,000 selling price.
Gross profit percentage for the sale is
47.704% ($119,260 gross profit ÷ $250,000
contract price). The gross profit percentage for
each asset is figured as follows:

Home
Farmland ($83,140 ÷ $250,000)
Buildings ($36,120 ÷ $250,000)
Total

Percent
0
33.256
14.448
47.704

Figuring the gain to report on the installment method. One hundred percent (100%)
of each payment is reported on the installment
method. The total amount received on the sale
in 2021 is $75,000 ($50,000 down payment +
$25,000 payment on July 1). The installment
sale part of the total payments received in 2021
is also $75,000. Figure the gain to report for
each asset by multiplying its gross profit percentage times $75,000.

Home
Farmland (33.256% × $75,000)
Buildings (14.448% × $75,000)

Income
$0
24,942
10,836

Total installment income for 2021

$35,778

Reporting the sale. Report the installment
sale on three separate Forms 6252. One form
should be filed for each component of the sale.
Then, report the amounts from Form 6252 on
Form 4797 and Schedule D (Form 1040). Attach a separate page to each Form 6252 that
shows the computations in the example.

TIP
6252.

If you sell depreciable business property, prepare Form 4797 first in order to
figure the amount to enter on Form

Section 1231 gains. The gains on the
farmland and buildings are section 1231 gains.
They are combined with any other section 1231
gains and losses. A net section 1231 gain is
capital gain and a net section 1231 loss is an
ordinary loss.
Installment income for years after 2021.
You figure installment income for the years after
2021 by applying the same gross profit percen-

tages to the payments you receive each year. If
you receive $50,000 during the year, the entire
$50,000 is considered received on the installment sale (100% × $50,000). You realize income as follows:

Home
Farmland (33.256% × $50,000)
Buildings (14.448% × $50,000)

Income
$0
16,628
7,224

Total installment income

$23,852

In this example, no gain is ever recognized
from the sale of your home. You will combine
your section 1231 gains from this sale with section 1231 gains and losses from other sales in
each of the later years to determine whether to
report them as ordinary or capital gains. The interest received with each payment will be included in full as ordinary income.
Note. Refer to Pub. 523, Selling Your
Home, to determine whether or not the sale of
the personal residence will result in a taxable
event.
Summary. The installment income (rounded to the nearest dollar) from the sale of the
farm is reported as follows:
Selling price
Minus: Adjusted basis for installment
reporting
Minus: Excluded gain from home

$300,000
(157,483)

Gross profit

$119,260

(23,257)

Gain reported in 2021 (year of sale)
Gain reported in 2022:
$50,000 × 47.704%
Gain reported in 2023:
$50,000 × 47.704%
Gain reported in 2024:
$50,000 × 47.704%
Gain reported in 2025:
$25,000 × 47.704%
Total gain reported

$35,778
23,852
23,852
23,852
11,926
$119,260

11.
Casualties,
Thefts, and
Condemnations
What’s New
Special rules for net operating losses
(NOLs) expired. The special tax rules which
applied to the net operating loss (NOL) carryback for tax years 2018, 2019, and 2020, have
expired. These special rules allowed taxpayers
to carry back NOLs 5 years for tax years 2018,
Chapter 11

2019, and 2020. The net operating loss carryback has been repealed after tax year 2020 for
most taxpayers. Except for those special rules
that applied to tax years 2018, 2019, and 2020,
most taxpayers can only carry NOLs arising
from tax years ending after 2017 to a later year.
See Pub. 536, Net Operating Losses (NOLs) for
Individuals, Estates, and Trusts, for additional
information.
Generally, an NOL arising in a tax year beginning in 2021 or later may not be carried back
and instead must be carried forward indefinitely. However, farming losses arising in tax
years beginning in 2021 or later may be carried
back two years and carried forward indefinitely.
Farming losses for 2018, 2019, and 2020. If
you previously carried back farming losses for 2
years and limited those losses to 80% of taxable income (before any NOL deduction) of the
carryback year, you may be able to carry back
the losses 5 years without the 80% limitation.
These special rules apply to farm NOLs for tax
years 2018, 2019, and 2020. To make this election you may need to amend your returns for
which you had already filed a claim for refund.

Reminders
Special rules for qualified disaster losses.
Personal casualty losses that are qualified disaster losses attributable to a major disaster declared by the President under section 401 of the
Stafford Act that occurred between January 1,
2020 and February 25, 2021 (inclusive) may be
claimed as a qualified disaster loss on Form
4684 for the year in which the loss was sustained. However, in order to qualify, the major
disaster must have an incident period ending no
later than January 26, 2021. The definition of a
qualified disaster loss does not extend to any
major disaster which has been declared only by
reason of COVID-19.
See Disaster Area Losses, later, and Pub.
547, Casualties, Disasters, and Thefts, for more
information on the special relief. Also, see
IRS.gov/DisasterTaxRelief for more information.
Disaster losses. Section D of Form 4684,
Casualties and Thefts, may be used to make an
election (or revoke a prior election) to deduct a
loss attributable to a federally declared disaster
and that occurred in a federally declared disaster area in the tax year immediately preceding
the tax year the loss was sustained. See Pub.
547 for more information about disaster losses.
Limitation on personal casualty and theft
losses. Personal casualty and theft losses of
an individual are subject to special rules for
those personal casualty and theft losses attributable to federally declared disasters that occur
during tax years beginning after 2017.
Personal casualty and theft losses are subject to the $100 per casualty and 10% of your
adjusted gross income (AGI) limitations. In this
case you reduce your personal casualty gains
by any casualty losses not attributable to a federally declared disaster. Net disaster losses
(disaster losses reduced by any excess personal casualty gains) are subject to the $500
per casualty limitation but not subject to the

Casualties, Thefts, and Condemnations

Page 65

Sch F (Form 1040) Profit or Loss From
Farming

10% of your adjusted gross income (AGI) limitation.

Sch F (Form 1040)

4684 Casualties and Thefts

Introduction

4684

4797 Sales of Business Property
4797

This chapter explains the tax treatment of casualties, thefts, and condemnations. A casualty
occurs when property is damaged, destroyed,
or lost due to a sudden, unexpected, or unusual
event. A theft occurs when property is stolen. A
condemnation occurs when private property is
legally taken for public use without the owner's
consent. A casualty, theft, or condemnation
may result in a deductible loss or taxable gain
on your federal income tax return. You may
have a deductible loss or a taxable gain even if
only a portion of your property was affected by
a casualty, theft, or condemnation.
An involuntary conversion occurs when you
receive money or other property as reimbursement for a casualty, theft, condemnation, disposition of property under threat of condemnation,
or certain other events discussed in this chapter.
If an involuntary conversion results in a gain
and you buy qualified replacement property
within the specified replacement period, you
can postpone reporting the gain on your income
tax return. For more information, see Postponing Gain, later.

Topics

This chapter discusses:

•
•
•
•
•
•
•

Casualties and thefts
How to figure a loss or gain
Other involuntary conversions
Postponing gain
Disaster area losses
Reporting gains and losses
Drought involving property connected with
a trade or business or a transaction
entered into for profit

Useful Items

You may want to see:
Publication
523 Selling Your Home
523

525 Taxable and Nontaxable Income
525

536 Net Operating Losses (NOLs) for
Individuals, Estates, and Trusts
536

542 Corporations
542

544 Sales and Other Dispositions of
Assets
544

547 Casualties, Disasters, and Thefts
547

584 Casualty, Disaster, and Theft Loss
Workbook (Personal-Use Property)
584

584-B Business Casualty, Disaster, and
Theft Loss Workbook
584-B

976 Disaster Relief
976

Form (and Instructions)
Sch A (Form 1040) Itemized
Deductions
Sch A (Form 1040)

Sch D (Form 1040) Capital Gains and
Losses
Sch D (Form 1040)

Page 66

Chapter 11

See chapter 16 for information about getting
publications and forms.

Casualties and Thefts
For tax years 2018 through 2025, personal casualty and theft losses of an inCAUTION dividual are deductible only to the extent they're attributable to a federally declared
disaster. An exception to the rule limiting the
deduction for personal casualty and theft losses
to federal disaster losses applies where you
have personal casualty gains to the extent the
losses don't exceed your gains.

!

Nondeductible losses. A casualty loss
isn't deductible if the damage or destruction is
caused by the following.
• Accidentally breaking articles such as
glassware or china under normal conditions.
• A family pet (explained below).
• A fire if you willfully set it, or pay someone
else to set it.
• A car, truck, or farm equipment accident if
your willful negligence or willful act caused
it. The same is true if the willful act or willful
negligence of someone acting for you
caused the accident.
• Progressive deterioration (explained below).
Family pet. Loss of property due to damage by a family pet isn't deductible as a casualty loss unless the requirements discussed
above under Casualty are met.

If your property is destroyed, damaged, or
stolen, you may have a deductible loss. If the insurance or other reimbursement is more than
the adjusted basis of the destroyed, damaged,
or stolen property, you may have a taxable gain.

Example. You keep your horse in your
yard. The ornamental fruit trees in your yard
were damaged when your horse stripped the
bark from them. Some of the trees were completely girdled and died. Because the damage
wasn't unexpected or unusual, the loss isn't deductible.

Casualty. A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual.
• A sudden event is one that is swift, not
gradual or progressive.
• An unexpected event is one that is ordinarily unanticipated and unintended.
• An unusual event is one that isn't a
day-to-day occurrence and that isn't typical
of the activity in which you were engaged.

Progressive deterioration. Loss of property due to progressive deterioration isn't deductible as a casualty loss. This is because the
damage results from a steadily operating cause
or a normal process, rather than from a sudden
event. Examples of damage due to progressive
deterioration include damage from rust, corrosion, or termites. However, weather-related
conditions or disease may cause another type
of involuntary conversion. See Other Involuntary Conversions, later.

Deductible losses. Deductible casualty
losses can result from a number of different
causes, including the following.
• Airplane crashes.
• Car, truck, or farm equipment accidents
not resulting from your willful act or willful
negligence.
• Earthquakes.
• Fires (but see Nondeductible losses next
for exceptions).
• Floods.
• Freezing.
• Government-ordered demolition or relocation of a home that is unsafe to use because of a disaster, as discussed under
Disaster Area Losses in Pub. 547.
• Lightning.
• Storms, including hurricanes and tornadoes.
• Terrorist attacks.
• Vandalism.
• Volcanic eruptions.
Note. For tax years 2018 through 2025, if
you are an individual, losses of personal-use
property from the aforementioned listed, or
other casualty, or theft are deductible only if the
loss is attributable to a federally declared disaster. See Pub. 547 for more information.
If the event causing you to suffer a personal
casualty loss occurred before January 1, 2018,
but the casualty loss was not sustained until
January 1, 2018, or later, the casualty loss is
not deductible.

Casualties, Thefts, and Condemnations

Theft. A theft is the taking and removing of
money or property with the intent to deprive the
owner of it. The taking of property must be illegal under the law of the state where it occurred
and it must have been done with criminal intent.
You don't need to show a conviction for theft.
Theft includes the taking of money or property by the following means.
• Blackmail.
• Burglary.
• Embezzlement.
• Extortion.
• Kidnapping for ransom.
• Larceny.
• Robbery.
• Threats.
• Timber trespass.
The taking of money or property through fraud
or misrepresentation is theft if it is illegal under
state or local law.
Decline in market value of stock. You
can't deduct as a theft loss the decline in market
value of stock acquired on the open market for
investment if the decline is caused by disclosure of accounting fraud or other illegal misconduct by the officers or directors of the corporation that issued the stock. However, you may be
able to deduct it as a capital loss on Schedule D
(Form 1040) if the stock is sold or exchanged or
becomes completely worthless. You report a
capital loss on Schedule D (Form 1040). For
more information about stock sales, worthless

stock, and capital losses, see chapter 4 of Pub.
550.
Mislaid or lost property. The simple disappearance of money or property isn't a theft.
However, an accidental loss or disappearance
of property can qualify as a casualty if it results
from an identifiable event that is sudden, unexpected, or unusual.
Example. A car door is accidentally slammed on your hand, breaking the setting of your
diamond ring. The diamond falls from the ring
and is never found. The loss of the diamond is a
casualty.

Farm Property Losses
You can deduct certain casualty or theft losses
that occur in the business of farming. The following is a discussion of some losses you can
deduct and some you can't deduct.
Livestock or produce bought for resale.
Casualty or theft losses of livestock or produce
bought for resale are deductible if you report
your income on the cash method. If you report
your income on an accrual method, take casualty and theft losses on property bought for resale by omitting the item from the closing inventory for the year of the loss. You can't take a
separate deduction.
Livestock, plants, produce, and crops
raised for sale. Losses of livestock, plants,
produce, and crops raised for sale are generally
not deductible if you report your income on the
cash method. You have already deducted the
cost of raising these items as farm expenses,
so their basis is equal to zero.
For plants with a preproductive period of
more than 2 years, you may have a deductible
loss if you have a tax basis in the plants. You
usually have a tax basis if you capitalized the
expenses associated with these plants under
the uniform capitalization rules. The uniform
capitalization rules are discussed in chapter 6.
If you report your income on an accrual
method, casualty or theft losses are deductible
only if you included the items in your inventory
at the beginning of your tax year. You get the
deduction by omitting the item from your inventory at the close of your tax year. You can't take
a separate casualty or theft deduction.

Property used in farming. Casualty and theft
losses of property used in your farm business
usually result in deductible losses. If a fire or
storm destroyed your barn, or you lose by casualty or theft farm equipment or an animal you
bought for draft, breeding, dairy, or sport, you
may have a deductible loss. See How To Figure
a Loss, later.
Raised draft, breeding, dairy, or sporting
animals. Generally, losses of raised draft,
breeding, dairy, or sporting animals don't result
in deductible casualty or theft losses because
you have no basis in the animals. However, you
may have a basis in the animal and therefore
may be able to claim a deduction if you use inventories to determine your income and you included the animals in your inventory.
When you include livestock in inventory, its
last inventory value is its basis. When you lose
an inventoried animal held for draft, breeding,
dairy, or sport by casualty or theft during the
year, decrease ending inventory by the amount
you included in inventory for the animal. You
can't take a separate deduction.

How To Figure a Loss
How you figure a deductible casualty or theft
loss depends on whether the loss was to farm
or personal-use property and whether the property was stolen or partly or completely destroyed.
Farm property. Farm property is the property
you use in your farming business. If your farm
property was completely destroyed or stolen,
your loss is figured as follows:
Your adjusted basis in the property
MINUS
Any salvage value
MINUS
Any insurance or other reimbursement you
receive or expect to receive

You can use the schedules in Pub.

TIP 584-B to list your stolen, damaged, or

destroyed business property and to figure your loss.

If your farm property was partially damaged,
use the following steps to figure your casualty
loss.

Income loss. A loss of future income isn't deductible.

1. Determine your adjusted basis in the property before the casualty or theft.

Example. A severe flood destroyed your
crops. Because you are a cash method taxpayer and already deducted the cost of raising
the crops as farm expenses, this loss isn't deductible, as explained above under Livestock,
plants, produce, and crops raised for sale. You
estimate that the crop loss will reduce your farm
income by $25,000. This loss of future income
is also not deductible.

2. Determine the decrease in fair market
value of the property as a result of the
casualty or theft.

Loss of timber. If you sell timber downed as a
result of a casualty, you may have a reportable
gain. If you use the proceeds to buy qualified replacement property, you can postpone reporting the gain. See Timber loss in the section
Postponing Gain, later.

3. From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you receive
or expect to receive.
Personal-use property. For tax years 2018
through 2025, personal casualty and theft losses of an individual are deductible only to the
extent they're attributable to a federally declared disaster. An exception to the rule limiting
the deduction for personal casualty and theft
losses to federal disaster losses applies where
Chapter 11

you have personal casualty gains to the extent
the losses don't exceed your gains.
Personal-use property is property used by
you or your family members for personal purposes and not used in your farm business or for income-producing purposes. The following items
are examples of personal-use property.
• Your main home.
• Furniture and electronics used in your
main home and not used in a home office
or for business purposes.
• Clothing and jewelry.
• An automobile used for nonbusiness purposes.
You figure the casualty or theft loss on this
property by taking the following steps.
1. Determine your adjusted basis in the property before the casualty or theft.
2. Determine the decrease in fair market
value of the property as a result of the
casualty or theft.
3. From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you receive
or expect to receive.
You must apply the deduction limits, discussed
later, to determine your deductible loss.
You can use Pub. 584 to list your sto-

TIP len or damaged personal-use property

and figure your loss. It includes schedules to help you figure the loss on your home,
its contents, and your motor vehicles.

Adjusted basis. Adjusted basis is your basis (usually cost) increased or decreased by
various events, such as improvements and
casualty losses. For more information about adjusted basis, see chapter 6.
Decrease in fair market value (FMV).
The decrease in FMV is the difference between
the property's value immediately before the
casualty or theft and its value immediately afterward. FMV is defined in chapter 10 under Payments Received or Considered Received.
Appraisal. To figure the decrease in FMV
because of a casualty or theft, you generally
need a competent appraisal. But other measures, such as the cost of cleaning up or making
repairs and certain safe harbor methods, can
be used to establish decreases in FMV.
An appraisal to determine the difference between the FMV of the property immediately before a casualty or theft and immediately afterward should be made by a competent
appraiser. The appraiser must recognize the effects of any general market decline that may occur along with the casualty. This information is
needed to limit any deduction to the actual loss
resulting from damage to the property.
Note. Several factors are important in evaluating the accuracy of an appraisal. See Pub.
547 for additional details regarding appraisals.
Cost of cleaning up or making repairs.
The cost of cleaning up after a casualty isn't
part of a casualty loss. Neither is the cost of repairing damaged property after a casualty. But
you can use the cost of cleaning up or making
repairs after a casualty as a measure of the

Casualties, Thefts, and Condemnations

Page 67

decrease in FMV if you meet all the following
conditions.
• The repairs are actually made.
• The repairs are necessary to bring the
property back to its condition before the
casualty.
• The amount spent for repairs isn't excessive.
• The repairs fix the damage only.
• The value of the property after the repairs
is not, due to the repairs, more than the
value of the property before the casualty.
Landscaping. The cost of restoring landscaping to its original condition after a casualty
may indicate the decrease in FMV. You may be
able to measure your loss by what you spend
on the following.
• Removing destroyed or damaged trees
and shrubs, minus any salvage you receive.
• Pruning and other measures taken to preserve damaged trees and shrubs.
• Replanting necessary to restore the property to its approximate value before the
casualty.
Safe harbor methods for individual taxpayers to determine casualty and theft losses. Revenue Procedure 2018-08, 2018-2
I.R.B.
286,
available
at
IRS.gov/IRB/
2018-02_IRB#RP-2018-08, provides safe harbor methods that you may use to figure the
amount of your casualty and theft losses of your
personal-use residential real property and personal belongings. If you qualify for and use a
safe harbor method described in Revenue Procedure 2018-08, the IRS won't challenge your
determination. The use of a safe harbor method
described in Revenue Procedure 2018-08 isn't
mandatory. For more information about this
safe harbor method, see Pub. 547.
Cost indexes safe harbor method to calculate hurricane-related losses. Revenue
Procedure 2018-09, 2018-2 I.R.B. 290, available at IRS.gov/IRB/2018-02_IRB#RP-2018-09,
provides a safe harbor method you may use to
calculate the amount of your casualty losses for
your personal-use residential real property
damaged or destroyed in Texas, Louisiana,
Florida, Georgia, South Carolina, the Commonwealth of Puerto Rico, or the territory of the U.S.
Virgin Islands as a result of Hurricane and Tropical Storm Harvey, Hurricane Irma, or Hurricane
Maria. If you qualify for and use the cost indexes safe harbor method described in Revenue Procedure 2018-09, the IRS won't challenge your determination. The use of the cost
indexes safe harbor method isn't mandatory.
For more information about this safe harbor
method, see Pub. 976.
Related expenses. The incidental expenses due to a casualty or theft, such as expenses for the treatment of personal injuries, temporary housing, or a rental car, aren't part of
your casualty or theft loss. However, they may
be deductible as farm business expenses if the
damaged or stolen property is farm property.
Separate computations for more than one
item of property. Generally, if a single casualty or theft involves more than one item of
property, you must figure your loss separately
Page 68

Chapter 11

for each item of property. Then, combine the
losses to determine your total loss.
Example. A fire on your farm damaged a
tractor and the barn in which it was stored. The
tractor had an adjusted basis of $3,300. Its FMV
was $28,000 just before the fire and $10,000
immediately afterward. The barn had an adjusted basis of $28,000. Its FMV was $55,000 just
before the fire and $25,000 immediately afterward. You received insurance reimbursements
of $2,100 on the tractor and $26,000 on the
barn. Figure your deductible casualty loss separately for the two items of property.
Tractor
1) Adjusted basis

. . . . . . . . .

2) FMV before fire
3) FMV after fire .

. . . . . . . . .

. . . . . . . . .

4) Decrease in FMV
(line 2 − line 3) . . . . . . . . .
5) Loss (lesser of line 1 or
line 4) . . . . . . . . . . . . . . .
6) Minus: Insurance . . . . . . .
7) Deductible casualty loss

Barn

$3,300

$28,000

$28,000
10,000

$55,000
25,000

$18,000

$30,000

$3,300
2,100

$28,000
26,000

. . .

8) Total deductible casualty loss .

$1,200

$2,000

. . .

$3,200

You spent $10,800 restoring the tractor to its
pre-casualty condition and $30,000 restoring
the barn to its pre-casualty condition. Your adjusted basis in the tractor after the casualty is
$10,800 ($3,300 – $2,100 – $1,200 + $10,800).
Your adjusted basis in the barn after the casualty is $30,000 ($28,000 – $26,000 – $2,000 +
$30,000).
Exception for personal-use real property. In figuring a casualty loss on personal-use real property, the entire property (including any improvements, such as buildings,
trees, and shrubs) is treated as one item. Figure
the loss using the smaller of the following.
• The decrease in FMV of the entire property.
• The adjusted basis of the entire property.
Example. You bought a farm in 2000 for
$300,000. The adjusted basis of the residential
part is now $64,000. In 2021, a tornado, which
was a federally declared disaster, blew down
shade trees and three ornamental trees planted
at a cost of $3,750 on the residential part. The
adjusted basis of the residential part includes
the $3,750. The FMV of the residential part immediately before the tornado was $120,000,
and $112,500 immediately after the tornado.
The trees weren’t covered by insurance.
1) Adjusted basis

. . . . . . . . . . . . . . . .

2) FMV before the tornado
3) FMV after the tornado .

. . . . . . . . . .
. . . . . . . . . . .

4) Decrease in FMV (line 2 − line 3)

$64,000
$120,000
112,500

. . . .

$7,500

5) Loss before insurance
(lesser of line 1 or line 4) . . . . . . . . . .
6) Minus: Insurance . . . . . . . . . . . . . .

$7,500
-0-

7) Loss before applying limits

$7,500

. . . .

As explained later under Deduction Limits on Losses of
Personal-Use Property, you have to reduce $7,500 by
$500 to get your deductible loss. Thus, your deductible
loss is figured as follows.
8) Subtract $500

. . . . . . . . . . . . . . . . .

9) Casualty loss deduction

Casualties, Thefts, and Condemnations

. . . . . .

$500
$7,000

You never replaced the trees. Your adjusted
basis in the residential part of your property after the casualty is $57,000 ($64,000 - $7,000).
Insurance and other reimbursements. If you
receive an insurance or other type of reimbursement, you must subtract the reimbursement
when you figure your business or personal loss.
You don't have a casualty or theft loss to the extent you are reimbursed.
If you expect to be reimbursed for part or all
of your loss, you must subtract the expected reimbursement when you figure your loss. You
must reduce your loss even if you don't receive
payment until a later tax year.
Don't subtract from your loss any insurance payments you receive for living
CAUTION expenses if you lose the use of your
main home or are denied access to it because
of a casualty. You may have to include a portion
of these payments in your income. See Insurance payments for living expenses in Pub. 547
for details.

!

Reimbursement received after deducting loss. If you figure your casualty or theft
loss using your expected reimbursement, you
may have to adjust your tax return for the tax
year in which you get your actual reimbursement.
Actual reimbursement less than expected. If you later receive less reimbursement
than you expected, include that difference as a
loss with your other losses (if any) on your return for the year in which you can reasonably
expect no more reimbursement.
Actual reimbursement more than expected. If you later receive more reimbursement
than you expected after you have claimed a deduction for the loss, you may have to include
the extra reimbursement in your income for the
year you receive it. However, if any part of your
original deduction didn't reduce your tax for the
earlier year, don't include that part of the reimbursement in your income. Don't refigure your
tax for the year you claimed the deduction. See
Recoveries in Pub. 525 to find out how much
extra reimbursement to include in income.
If the total of all the reimbursements
you receive is more than your adjusted
CAUTION basis in the destroyed or stolen property, you will have a gain on the casualty or
theft. See Figuring a Gain in Pub. 547 for information on how to treat a gain from the reimbursement you receive because of a casualty or
theft.

!

Actual reimbursement same as expected. If you later receive exactly the reimbursement you expected to receive, you don't have to
include any of the reimbursement in your income and you can't deduct any additional loss.
Lump-sum reimbursement. If you have a
casualty or theft loss of several assets at the
same time without an allocation of reimbursement to specific assets, divide the lump-sum reimbursement among the assets according to
the FMV of each asset at the time of the loss.
Figure the gain or loss separately for each asset
that has a separate basis.

Disaster assistance. Food, medical supplies, and other forms of assistance you receive
don't reduce your casualty loss, unless they are
replacements for lost or destroyed property. Excludable cash gifts you receive also do not reduce your casualty loss if there are no restrictions on how you can use the money.
Generally, disaster relief grants received under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act aren't included in
your income. See Federal disaster relief grants,
later, under Disaster Area Losses.
Qualified disaster relief payments for expenses you incurred as a result of a federally declared disaster aren't taxable income to you.
See Qualified disaster relief payments, later,
under Disaster Area Losses.
Adjustments to basis. If you have a casualty
or theft loss, you must decrease your basis in
the property by any insurance or other reimbursement you receive and by any deductible
loss. The result is your adjusted basis in the
property. If you make either of the basis adjustments described above, amounts you spend on
repairs to restore your property to its pre-casualty condition increase your adjusted basis. See
Adjusted Basis in chapter 6 for more information.
Example. You built a new grain storage facility for $50,000. This is the basis in your grain
storage facility because that is the total cost you
incurred to build it. During the year, a tornado
damaged your grain storage facility and your allowable casualty loss deduction was $2,000. In
addition, your insurance company reimbursed
you $8,000 for the damage and you spent
$12,000 to restore the grain storage facility to
its pre-casualty condition. Your adjusted basis
in the grain storage facility after the casualty is
$52,000 ($50,000 – $2,000 – $8,000 +
$12,000).

Deduction Limits on Losses
of Personal-Use Property
Casualty and theft losses of personal-use property may be deducted using Form 4684. For
more information see the Instructions for Form
4684. This deduction will be entered on Schedule A (Form 1040) as an itemized deduction but
you can increase your standard deduction by
qualified disaster losses if you elect not to itemize your deductions. See Increased standard
deduction reporting, later.
For tax years 2018 through 2025, casualty
and theft losses of personal-use property are
deductible only to the extent they're attributable
to a federally declared disaster.
An exception to the rule above, limiting the
personal casualty and theft loss deduction to
losses attributable to a federally declared disaster, applies if you have personal casualty gains
for the tax year. In this case, you may reduce
your personal casualty gains by any casualty
losses not attributable to a federally declared
disaster. Any excess gain is used to reduce losses from a federally declared disaster.
There are two limits on the deduction for
casualty or theft loss of personal-use property.
You figure these limits on Form 4684.

$100 rule. You must reduce each casualty or
theft loss on personal-use property by $100.
This rule applies after you have subtracted any
reimbursement.
10% rule. You must further reduce the total of
all your casualty or theft losses on personal-use
property by 10% of your AGI. Apply this rule after you reduce each loss by $100. AGI is reported on line 11 of Form 1040 or 1040-SR.
Example. In June, you discovered that your
house had been burglarized. Your loss after insurance reimbursement was $2,000. Your AGI
for the year you discovered the burglary is
$57,000. Figure your theft loss deduction as follows:
1) Loss after insurance
2) Subtract $100 . . . .

. . . . . . . . . . . . . . . .

$2,000
100

3) Loss after $100 rule . . . . . . . . . . . . . . . .
4) Subtract 10% (0.10) × $57,000 AGI . . . . .

$1,900
$5,700

. . . . . . . . . . . . . . .

5) Theft loss deduction

. . . . . . . . . .

-0-

You don't have a theft loss deduction because your loss ($1,900) is less than 10% of
your AGI ($5,700).
If you have personal casualty losses attributable to a major disaster declared
CAUTION by the President under section 401 of
the Stafford Act that occurred between January
1, 2020 and February 25, 2021 (inclusive), your
net casualty loss from these qualified disasters
doesn’t need to exceed 10% of your AGI to
qualify for the deduction, but the $100 limit per
casualty is increased to $500. For more information, see the Instructions for Form 4684.

!

If you have a casualty or theft gain in
addition to a loss, you will have to
CAUTION make a special computation before you
figure your 10% limit. See 10% Rule in Pub.
547.

!

When Loss Is Deductible
Generally, you can deduct casualty losses that
aren't reimbursable only in the tax year in which
they occur. You can generally deduct theft losses that aren't reimbursable only in the year you
discover your property was stolen.
Example. In November 2020, engine parts
were stolen from Frank’s stored tractor. Frank
didn’t know that the theft occurred until March
2021, when he attempted to start the tractor.
Any theft loss to which Frank is entitled as a deduction will be deductible in the 2021 tax year.
Losses in federally declared disaster areas
are subject to different rules. See Disaster Area
Losses, later, for an exception.
If you aren't sure whether part of your casualty or theft loss will be reimbursed, don't deduct that part until the tax year when you become reasonably certain that it won’t be
reimbursed.
Leased property. If you lease property from
someone else, you can deduct a loss on the
property in the year your liability for the loss is
determined. This is true even if the loss occurred or the liability was paid in a different year.
Chapter 11

You aren't entitled to a deduction until your liability under the lease can be determined with
reasonable accuracy. Your liability can be determined when a claim for recovery is settled,
adjudicated, or abandoned.
Example. Robert leased a tractor from First
Implement, Inc., for use in his farm business.
The tractor was destroyed by a tornado in June
2020. The loss wasn’t insured. First Implement
billed Robert for the FMV of the tractor on the
date of the loss. Robert disagreed with the bill
and refused to pay it. First Implement later filed
suit in court against Robert. In 2021, Robert and
First Implement agreed to settle the suit for
$20,000, and the court entered a judgment in
favor of First Implement. Robert paid $20,000 in
June 2021. He can claim the $20,000 as a loss
on his 2021 tax return.
Net operating loss (NOL). If your deductions,
including casualty or theft loss deductions, are
more than your income for the year, you may
have an NOL.
Generally, an NOL arising in a tax year
beginning in 2021 or later may not be
CAUTION carried back and instead must be carried forward indefinitely. However, farming losses arising in tax years beginning in 2021 or
later may be carried back two years and carried
forward indefinitely.

!

The special tax rules which applied to
the net operating loss (NOL) carryback
CAUTION for tax years 2018, 2019, and 2020,
have expired. These special rules allowed taxpayers to carry back NOLs 5 years for tax years
2018, 2019, and 2020. The net operating loss
carryback has been repealed after tax year
2020 for most taxpayers. Except for those special rules that applied to tax years 2018, 2019,
and 2020, most taxpayers can only carry NOLs
arising from tax years ending after 2017 to a
later year. See Pub. 536 for more information.

!

Proof of Loss
To deduct a casualty or theft loss, you must be
able to prove that there was a casualty or theft.
You must have records to support the amount
you claim for the loss.
Casualty loss proof. For a casualty loss, your
records should show all the following information.
• That you were the owner of the property or,
if you leased the property from someone
else, that you were contractually liable to
the owner for the damage.
• The type of casualty (car accident, fire,
storm, etc.) and when it occurred.
• That the loss was a direct result of the
casualty.
• Whether a claim for reimbursement exists
for which there is a reasonable expectation
of recovery.
Theft loss proof. For a theft loss, your records
should show all the following information.
• That you were the owner of the property.
• That your property was stolen.
• When you discovered your property was
missing.

Casualties, Thefts, and Condemnations

Page 69

• Whether a claim for reimbursement exists

for which there is a reasonable expectation
of recovery.

Figuring a Gain
A casualty or theft may result in a taxable gain.
If you receive an insurance payment or other reimbursement that is more than your adjusted
basis in the destroyed, damaged, or stolen
property, you have a gain from the casualty or
theft. You generally report your gain as income
in the year you receive the reimbursement.
However, depending on the type of property
you receive, you may not have to report your
gain. See Postponing Gain, later.
Your gain is figured as follows:
• The amount you receive, minus
• Your adjusted basis in the property at the
time of the casualty or theft.
Even if the decrease in FMV of your property is smaller than the adjusted basis of your
property, use your adjusted basis to figure the
gain.
Amount you receive. The amount you receive
includes any money plus the value of any property you receive, minus any expenses you have
in obtaining reimbursement. It also includes any
reimbursement used to pay off a mortgage or
other lien on the damaged, destroyed, or stolen
property.
Example. A tornado severely damaged
your barn. The adjusted basis of the barn was
$25,000. Your insurance company reimbursed
you $40,000 for the damaged barn. However,
you had legal expenses of $2,000 to collect that
insurance. Your insurance minus your expenses to collect the insurance is more than your
adjusted basis in the barn, so you have a gain.
1) Insurance reimbursement
2) Legal expenses . . . . . .

. . . . . . . . . . .

$40,000
2,000

3) Amount received
(line 1 − line 2) . . . . . . . . . . . . . . . . . .
4) Adjusted basis . . . . . . . . . . . . . . . . . .

$38,000
25,000

5) Gain on casualty (line 3 − line 4) .

$13,000

. . . . . . . . . .

. . .

The adjusted basis of the barn after the
casualty is $0 ($25,000 + $13,000 – $38,000) if
you recognized gain and did not repair the barn.

Other Involuntary
Conversions
In addition to casualties and thefts, other events
cause involuntary conversions of property.
Some of these are discussed in the following
paragraphs.
Gain or loss from an involuntary conversion
of your property is usually recognized for tax
purposes. You report the gain or deduct the
loss on your tax return for the year you realize it.
However, depending on the type of property
you receive, you may not have to report your
gain on the involuntary conversion. See Postponing Gain, later.
Page 70

Chapter 11

Condemnation
Condemnation is the process by which private
property is legally taken for public use without
the owner's consent. The property may be
taken by the federal government, a state government, a political subdivision, or a private organization that has the power to legally take
property. The owner receives a condemnation
award (money or property) in exchange for the
property taken. A condemnation is a forced
sale, the owner being the seller and the condemning authority being the buyer.
Threat of condemnation. Treat the sale of
your property under threat of condemnation as
a condemnation, provided you have reasonable
grounds to believe that your property will be
condemned.
Main home condemned. If you have a gain
because your main home is condemned, you
generally can exclude the gain from your income as if you had sold or exchanged your
home. For information on this exclusion, see
Pub. 523. If your gain is more than the amount
you can exclude, but you buy replacement
property, you may be able to postpone reporting the excess gain. See Postponing Gain,
later. (You can't deduct a loss from the condemnation of your main home.)
More information. For information on how to
figure the gain or loss on condemned property,
see chapter 1 in Pub. 544. Also, see Postponing Gain, later, to find out if you can postpone
reporting the gain.

Irrigation Project
The sale or other disposition of property located
within an irrigation project to conform to the
acreage limits of federal reclamation laws is an
involuntary conversion.

Livestock Losses
Diseased livestock. If your livestock die from
disease, or are destroyed, sold, or exchanged
because of disease, even though the disease
isn't of epidemic proportions, treat these occurrences as involuntary conversions. If the livestock were raised or purchased for resale, follow the rules for livestock discussed earlier
under Farm Property Losses. Otherwise, figure
the gain or loss from these conversions using
the rules discussed under Determining Gain or
Loss in chapter 8. If you replace the livestock,
you may be able to postpone reporting the gain.
See Postponing Gain below.
Reporting dispositions of diseased livestock. If you choose to postpone reporting
gain on the disposition of diseased livestock,
you must attach a statement to your return explaining that the livestock were disposed of because of disease. You must also include other
information on this statement. See How To
Postpone Gain, later, under Postponing Gain.
Weather-related sales of livestock. If you
sell or exchange livestock (other than poultry)
held for draft, breeding, or dairy purposes solely

Casualties, Thefts, and Condemnations

because of drought, flood, or other weather-related conditions, treat the sale or exchange as
an involuntary conversion. Only livestock sold in
excess of the number you normally would sell
under usual business practice, in the absence
of weather-related conditions, are considered
involuntary conversions. Figure the gain or loss
using the rules discussed under Determining
Gain or Loss in chapter 8. If you replace the
livestock, you may be able to postpone reporting the gain. See Postponing Gain below.
Example. It is your usual business practice
to sell five of your dairy animals during the year.
This year, you sold 20 dairy animals because of
drought. The sale of 15 animals is treated as an
involuntary conversion.
If you don't replace the livestock, you

TIP may be able to report the gain in the

following year's income. This rule also
applies to other livestock (including poultry).
See Sales Caused by Weather-Related Conditions in chapter 3.

Tree Seedlings
If, because of an abnormal drought, the failure
of planted tree seedlings is greater than normally anticipated, you may have a deductible
loss. Treat the loss as a loss from an involuntary
conversion. The loss equals the previously capitalized reforestation costs you had to duplicate
on replanting. You deduct the loss on the return
for the year the seedlings died.

Postponing Gain
Don't report a gain if you receive reimbursement
in the form of property similar or related in service or use to the destroyed, stolen, or other involuntarily converted property. Your basis in the
new property is generally the same as your adjusted basis in the property it replaces.
You must generally report the gain on your
stolen, destroyed, or other involuntarily converted property if you receive money or unlike
property as reimbursement. However, you can
choose to postpone reporting the gain if you
purchase replacement property similar or related in service or use to your destroyed, stolen,
or other involuntarily converted property within
a specific replacement period.
If you have a gain on damaged property,
you can postpone reporting the gain if you
spend an amount at least equal to the reimbursement to restore the property.
To postpone reporting all the gain, the cost
of your replacement property must be at least
as much as the reimbursement you receive. If
the cost of the replacement property is less than
the reimbursement, you must include the gain in
your income up to the amount of the unspent reimbursement. For more information about postponing gain on the replacement of damaged
property, see Code section 1033.
Example 1. In 1985, you constructed a
barn to store farm equipment at a cost of
$35,000. In 1990, you added a grain bin to the
barn at a cost of $15,000. In May of this year,

the property was worth $70,000. In June, the
barn and grain storage facility were destroyed
by a tornado. At the time of the tornado, you
had an adjusted basis of $0 in the property. You
received $70,000 from the insurance company.
You had a gain of $70,000 ($70,000 – $0).
You spent $65,000 to rebuild the barn and
grain bin. Since this is less than the insurance
proceeds received, you must include $5,000
($70,000 – $65,000) in your income. You
choose to postpone the remaining $65,000
gain.
Example 2. In 1993, you bought a cabin in
the mountains for your personal use at a cost of
$48,000. You made no further improvements or
additions to it. When a storm destroyed the
cabin this January, the cabin was worth
$250,000. You received $146,000 from the insurance company in March. You had a gain of
$98,000 ($146,000 − $48,000).
You spent $144,000 to rebuild the cabin.
Since this is less than the insurance proceeds
received, you must include $2,000 ($146,000 −
$144,000) in your income. You choose to postpone reporting the remaining $96,000 gain.
Buying replacement property from a related
person. You can't postpone reporting a gain
from a casualty, theft, or other involuntary conversion if you buy the replacement property
from a related person (discussed later). This
rule applies to the following taxpayers.
1. C corporations.
2. Partnerships in which more than 50% of
the capital or profits interest is owned by C
corporations.
3. Individuals, partnerships (other than those
in (2) above), and S corporations if the total realized gain for the tax year on all involuntarily converted properties on which
there are realized gains is more than
$100,000.
For involuntary conversions described in (3)
above, gains can't be offset by any losses when
determining whether the total gain is more than
$100,000. If the property is owned by a partnership, the $100,000 limit applies to the partnership and each partner. If the property is owned
by an S corporation, the $100,000 limit applies
to the S corporation and each shareholder.
Exception. This rule doesn’t apply if the related person acquired the property from an unrelated person within the period of time allowed
for replacing the involuntarily converted property.
Related persons. Under this rule, related
persons include, for example, a parent and
child, a brother and sister, a corporation and an
individual who owns more than 50% of its outstanding stock, and two partnerships in which
the same C corporations own more than 50% of
the capital or profits interests. For more information on related persons, see Nondeductible
Loss under Sales and Exchanges Between Related Persons in chapter 2 of Pub. 544.
Death of a taxpayer. If a taxpayer dies after
realizing a gain, but before buying replacement
property, the gain must be reported for the year
in which the decedent realized the gain. The ex-

ecutor of the estate or the person succeeding to
the funds from the involuntary conversion can't
postpone reporting the gain by buying replacement property.

Replacement Property
You must buy replacement property for the specific purpose of replacing your property. Your
replacement property must be similar or related
in service or use to the property it replaces. You
don't have to use the same funds you receive
as reimbursement for your old property to acquire the replacement property. If you spend
the money you receive for other purposes, and
borrow money to buy replacement property,
you can still choose to postpone reporting the
gain if you meet the other requirements. Property you acquire by gift or inheritance doesn’t
qualify as replacement property.
Owner-user. If you are an owner-user, similar
or related in service or use means that replacement property must function in the same way as
the property it replaces. Examples of property
that functions in the same way as the property it
replaces are a home that replaces another
home, a dairy cow that replaces another dairy
cow, and farm land that replaces other farm
land. A grinding mill that replaces a tractor
doesn’t qualify. Neither does a draft animal that
replaces a breeding or dairy cow.
Soil or other environmental contamination.
If, because of soil or other environmental contamination, it isn't feasible for you to reinvest
your insurance money or other proceeds from
destroyed or damaged livestock in property
similar or related in service or use to the livestock, you can treat other property (including
real property) used for farming purposes as
property similar or related in service or use to
the destroyed or damaged livestock.
Weather-related conditions. If, because of
drought, flood, or other weather-related conditions, it isn't feasible for you to reinvest the insurance money or other proceeds in property
similar or related in service or use to the livestock, you can treat other property (excluding
real property) used for farming purposes as
property similar or related in service or use to
the livestock you disposed of.
Example. Each year, you normally sell 25
cows from your beef herd. However, this year
you had to sell 50 cows. This is because a severe drought significantly reduced the amount
of hay and pasture yield needed to feed your
herd for the rest of the year. Because, as a result of the severe drought, it isn't feasible for
you to use the proceeds from selling the extra
cows to buy new cows, you can treat other
property (excluding real property) used for farming purposes as property similar or related in
service or use to the cows you sold.
Standing crop destroyed by casualty. If a
storm or other casualty destroyed your standing
crop and you use the insurance money to acquire either another standing crop or a harvested crop, this purchase qualifies as replacement
property. The costs of planting and raising a
new crop qualify as replacement costs for the
Chapter 11

destroyed crop only if you use the crop method
of accounting (discussed in chapter 2). In that
case, the costs of bringing the new crop to the
same level of maturity as the destroyed crop
qualify as replacement costs to the extent they
are incurred during the replacement period.
Timber loss. Standing timber (not land) you
bought with the proceeds from the sale of timber downed as a result of a casualty, such as
high winds, earthquakes, or volcanic eruptions,
qualifies as replacement property. If you bought
the standing timber within the replacement period, you can postpone reporting the gain.
Business or income-producing property located in a federally declared disaster area.
If your destroyed business or income-producing
property was located in a federally declared disaster area, any tangible replacement property
you acquire for use in any business is treated
as similar or related in service or use to the destroyed property. For more information, see
Disaster Area Losses in Pub. 547.
Substituting replacement property. Once
you have acquired qualified replacement property and have designated it as replacement
property in a statement attached to your tax return, you can't substitute other qualified replacement property. This is true even if you acquire the other property within the replacement
period. However, if you discover that the original replacement property wasn’t qualified replacement property, you can, within the replacement period, substitute the new qualified
replacement property.
Basis of replacement property. You must reduce the cost basis of your replacement property by the amount of postponed gain. In this
way, tax on the gain is postponed until you dispose of the replacement property. Amounts
paid for replacement property that exceed the
amount of the gain postponed can be depreciated.
Example. In 2021, you sold 50 cows with a
$0 basis due to severe drought. This is more
than the 25 cows you normally sell each year.
The proceeds from the sale of the additional 25
cows are $31,250. Because of the severe
drought, it isn’t feasible for you to use these proceeds to buy replacement cows. Instead, you
use the proceeds to buy a hay baler for
$40,000. You choose to postpone reporting the
$31,250 gain ($31,250 – $0) from the sale of
the cows. Therefore, the basis of the hay baler
is $8,750 ($40,000 – $31,250).

Replacement Period
To postpone reporting your gain, you must buy
replacement property within a specified period
of time. This is the replacement period.
The replacement period begins on the date
your property was damaged, destroyed, stolen,
sold, or exchanged. The replacement period
generally ends 2 years after the close of the first
tax year in which you realize any part of your
gain from the involuntary conversion.

Casualties, Thefts, and Condemnations

Page 71

Example. You are a calendar year taxpayer. Farm equipment that cost $2,200 was
stolen from your farm. You discovered the theft
when you returned to your farm on November
11, 2020. Your insurance company investigated
the theft and didn’t settle your claim until January 3, 2021, when they paid you $3,000. You
first realized a gain from the reimbursement for
the theft during 2021, so you have until December 31, 2023, to replace the property.
Main home in disaster area. For your main
home (or its contents) located in a federally declared disaster area, the replacement period
ends 4 years after the close of the first tax year
in which you realize any part of your gain from
the involuntary conversion. See Disaster Area
Losses, later.
Weather-related sales of livestock in an
area eligible for federal assistance. For the
sale or exchange of livestock due to drought,
flood, or other weather-related conditions in an
area eligible for federal assistance, the replacement period ends 4 years after the close of the
first tax year in which you realize any part of
your gain from the sale or exchange. The IRS
may extend the replacement period on a regional basis if the weather-related conditions
continue for longer than 3 years.
For information on extensions of the replacement period because of persistent
drought, see Notice 2006-82, 2006-39 I.R.B.
529, available at IRS.gov/IRB/2006-39_IRB/
ar11.html. For a list of counties for which exceptional, extreme, or severe drought was reported
during the 12 months ending August 31, 2021,
see Notice 2021–55, available at IRS.gov.
Condemnation. The replacement period for a
condemnation begins on the earlier of the following dates.
• The date on which you disposed of the
condemned property.
• The date on which the threat of condemnation began.
The replacement period generally ends 2 years
after the close of the first tax year in which any
part of the gain on the condemnation is realized. But see Main home in disaster area, earlier, for an exception.
Business or investment real property. If
real property held for use in a trade or business
or for investment (not including property held
primarily for sale) is condemned, the replacement period ends 3 years after the close of the
first tax year in which any part of the gain on the
condemnation is realized.
Extension. You can apply for an extension of
the replacement period. Send your written application to the Internal Revenue Service Center
where you file your tax return. See your tax return instructions for the address. Include all the
details about your need for an extension. Make
your application before the end of the replacement period. However, you can file an application within a reasonable time after the replacement period ends if you can show a good
reason for the delay. You will get an extension
of the replacement period if you can show reasonable cause for not making the replacement
within the regular period.
Page 72

Chapter 11

How To Postpone Gain
You postpone reporting your gain by reporting
your choice on your tax return for the year you
have the gain. You have the gain in the year you
receive insurance proceeds or other reimbursements that result in a gain.
Required statement. You should attach a
statement to your return for the year you have
the gain. This statement should include all the
following information.
• The date and details of the casualty, theft,
or other involuntary conversion.
• The insurance or other reimbursement you
received.
• How you figured the gain.
Replacement property acquired before
return filed. If you acquire replacement property before you file your return for the year you
have the gain, your statement should also include detailed information about all the following items.
• The replacement property.
• The postponed gain.
• The basis adjustment that reflects the
postponed gain.
• Any gain you are reporting as income.
Replacement property acquired after return filed. If you intend to buy replacement
property after you file your return for the year
you realize gain, your statement should also
say that you are choosing to replace the property within the required replacement period.
You should then attach another statement to
your return for the year in which you buy the replacement property. This statement should contain detailed information on the replacement
property. If you acquire part of your replacement property in one year and part in another
year, you must attach a statement to each
year's return. Include in the statement detailed
information on the replacement property bought
in that year.
Reporting weather-related sales of livestock. If you choose to postpone reporting the
gain on weather-related sales or exchanges of
livestock, show all the following information on
a statement attached to your return for the tax
year in which you first realize any of the gain.
• Evidence of the weather-related conditions
that forced the sale or exchange of the livestock.
• The gain realized on the sale or exchange.
• The number and kind of livestock sold or
exchanged.
• The number of livestock of each kind you
would have sold or exchanged under your
usual business practice.
Show all the following information and the
preceding information on the return for the year
in which you replace the livestock.
• The dates you bought the replacement
property.
• The cost of the replacement property.
• Description of the replacement property
(for example, the number and kind of the
replacement livestock).
Amended return for changes regarding replacement property. You must file an amen-

Casualties, Thefts, and Condemnations

ded return (Form 1040-X) for the tax year of the
gain in either of the following situations.
• You don't acquire replacement property
within the replacement period, plus extensions. On this amended return, you must
report the gain and pay any additional tax
due.
• You acquire replacement property within
the required replacement period, plus extensions, but at a cost less than the
amount you receive from the casualty,
theft, or other involuntary conversion. On
this amended return, you must report the
part of the gain that can't be postponed
and pay any additional tax due.

Disaster Area Losses
Special rules apply to federally declared disaster area losses. A federally declared disaster is
a disaster that occurred in an area declared by
the President to be eligible for federal assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. It includes
a major disaster or emergency declaration under the Act.
For tax years 2018 through 2025, personal casualty and theft losses of an inCAUTION dividual are deductible only to the extent they're attributable to a federally declared
disaster. An exception to the rule limiting the
deduction for personal casualty and theft losses
to federal disaster losses applies where you
have personal casualty gains to the extent the
losses don't exceed your gains.

!

A list of the areas warranting public or

TIP individual assistance (or both) under

the Act is available at the Federal
Emergency Management Agency (FEMA) web
site at FEMA.gov/Disasters.
This part discusses the special rules for
when to deduct a disaster area loss and what
tax deadlines may be postponed. For other special rules, see Disaster Area Losses in Pub.
547.

Qualified disaster losses. A qualified disaster loss is an individual’s casualty or theft loss
of personal-use property that is attributable to a
major disaster that was declared by the President under section 401 of the Stafford Act and
that occurred between January 1, 2020 and
February 25, 2021 (inclusive). However, in order to qualify, the major disaster must have an
incident period ending no later than January 26,
2021. The definition of a qualified disaster loss
does not extend to any major disaster which
has been declared only by reason of
COVID-19. See IRS.gov/DisasterTaxRelief for
date-specific declarations associated with
these disasters and for more information.
Casualty and theft losses of personal-use
property may be claimed as a qualified disaster
loss on your Form 4684 for the year in which the
loss was sustained. This deduction will be entered on Schedule A (Form 1040) as an itemized deduction but you can increase your standard deduction by qualified disaster losses if you
elect not to itemize your deductions. See Increased standard deduction reporting, later.

Moreover, your net casualty loss from these
qualified disasters does not need to exceed
10% of your adjusted gross income to qualify
for the deduction, but the $100 limit per casualty
is increased to $500.
Disaster year. The disaster year is the tax
year in which you sustained the loss attributable
to a federally declared disaster. Generally, a
disaster loss is sustained in the year the disaster occurred. A disaster loss may also be sustained in a year after the disaster occurred. For
example, if a claim for reimbursement exists for
which there is a reasonable prospect of recovery, no part of the loss for which reimbursement
may be received is sustained until it can be ascertained with reasonable certainty whether you
will be reimbursed.
When to deduct the loss. You must generally
deduct a casualty loss in the disaster year.
However, if you have a deductible loss from a
disaster that occurred in an area warranting
public or individual assistance (or both), you
can choose to deduct that loss on your return or
amended return for the tax year immediately
preceding the disaster year. If you make this
choice, the loss is treated as having occurred in
the preceding year.
Claiming a qualifying disaster loss on

TIP the previous year's return may result in

a lower tax for that year, often producing or increasing a cash refund.

You must make an election to deduct a 2021
disaster loss on your 2020 return on or before
the date that is 6 months after the regular due
date for filing your original return (without extensions) for the disaster year. For calendar year
individual taxpayers, the deadline for electing to
take a 2021 disaster loss on your 2020 tax return is October 15, 2022.
If you claimed a deduction for a disaster loss
in the disaster year and you wish to deduct the
loss in the preceding year, you must file an
amended return to remove the previously deducted loss on or before you file the return or
amended return for the preceding year that includes the disaster loss deduction. For more information, see Pub. 547.
Increased standard deduction reporting. If
you have a net qualified disaster loss on Form
4684, line 15, and you aren’t itemizing your deductions, you can claim an increased standard
deduction using Schedule A (Form 1040) by
doing the following.
1. Enter the amount from Form 4684, line 15,
on the dotted line next to line 16 on
Schedule A and the description, “Net
Qualified Disaster Loss.”
2. Also, enter on the dotted line next to
line 16, your standard deduction amount
and the description, “Standard Deduction
Claimed With Qualified Disaster Loss.”
3. Combine these two amounts and enter on
line 16 of Schedule A and Form 1040 or
1040-SR, line 12.

The AMT adjustment for the standard
deduction is made retroactively inappliCAUTION cable to net qualified disaster losses.
See Taxpayers who also file the 2021 Form
6251, Alternative Minimum Tax for Individuals,
in the Instructions for Form 4684 for more information.

Flood Insurance Act (as in effect on April 15,
2005) aren’t included in income. These are payments you, as a property owner, received to reduce the risk of future damage to your property.
You can't increase your basis in property, or
take a deduction or credit, for expenditures
made with respect to those payments.

Federal disaster relief grants. Don't include
post-disaster relief grants received under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act in your income if the grant
payments are made to help you meet necessary expenses or serious needs for medical,
dental, housing, personal property, transportation, or funeral expenses. Don't deduct casualty
losses or medical expenses to the extent they
are specifically reimbursed by these disaster relief grants. If the casualty loss was specifically
reimbursed by the grant and you received the
grant after the year in which you deducted the
casualty loss, see Reimbursement received after deducting loss, earlier. Unemployment assistance payments under the Act are taxable
unemployment compensation.

Sale of property under hazard mitigation
program. Generally, if you sell or otherwise
transfer property, you must recognize any gain
or loss for tax purposes unless the property is
your main home. You report the gain or deduct
the loss on your tax return for the year you realize it. (You can't deduct a loss on personal-use
property unless the loss resulted from a casualty, as discussed earlier.) However, if you sell
or otherwise transfer property to the federal
government, a state or local government, or an
Indian tribal government under a hazard mitigation program, you can choose to postpone reporting the gain if you buy qualifying replacement property within a certain period of time.
See Postponing Gain, earlier, for the rules that
apply.

!

Qualified disaster relief payments. Qualified
disaster relief payments aren't included in the
income of individuals to the extent any expenses compensated by these payments aren't
otherwise compensated for by insurance or
other reimbursement. These payments aren't
subject to income tax, self-employment tax, or
employment taxes (social security, Medicare,
and federal unemployment taxes). No withholding applies to these payments.
Qualified disaster relief payments include
payments you receive (regardless of the
source) for the following expenses.
• Reasonable and necessary personal, family, living, or funeral expenses incurred as a
result of a federally declared disaster.
• Reasonable and necessary expenses incurred for the repair or rehabilitation of a
personal residence due to a federally declared disaster. (A personal residence can
be a rented residence or one you own.)
• Reasonable and necessary expenses incurred for the repair or replacement of the
contents of a personal residence due to a
federally declared disaster.
Qualified disaster relief payments include
amounts paid by a federal, state, or local government in connection with a federally declared
disaster to individuals affected by the disaster.
These payments must be made from a governmental fund, be based on individual or family
needs, and not be compensation for services.
Payments to businesses generally don't qualify.

!

Qualified disaster relief payments don't
include:

CAUTION

• Payments for expenses otherwise paid for
by insurance or other reimbursements; or

• Income replacement payments, such as

payments of lost wages, lost business income, or unemployment compensation.

Qualified disaster mitigation payments.
Qualified disaster mitigation payments made
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act or the National
Chapter 11

Other federal assistance programs. For
more information about other federal assistance
programs, see Crop Insurance and Crop Disaster Payments and Feed Assistance and Payments in chapter 3.
Postponed tax deadlines. The IRS may postpone for up to 1 year certain tax deadlines of
taxpayers who are affected by a federally declared disaster. The tax deadlines the IRS may
postpone include those for filing income, excise, and employment tax returns, paying income, excise, and employment taxes, and making contributions to a traditional IRA or Roth
IRA.
If any tax deadline is postponed, the IRS will
publicize the postponement in your area and
publish a news release and, where necessary,
a revenue ruling, revenue procedure, notice,
announcement, or other guidance in the Internal
Revenue Bulletin (IRB). Go to IRS.gov/
DisasterTaxRelief to find out if a tax deadline
has been postponed for your area.
Who is eligible. If the IRS postpones a tax
deadline, the following taxpayers are eligible for
the postponement.
• Any individual whose main home is located
in a covered disaster area (defined next).
• Any business entity or sole proprietor
whose principal place of business is located in a covered disaster area.
• Any individual who is a relief worker affiliated with a recognized government or philanthropic organization and who is assisting
in a covered disaster area.
• Any individual, business entity, or sole proprietorship whose records are needed to
meet a postponed tax deadline, provided
those records are maintained in a covered
disaster area. The main home or principal
place of business doesn’t have to be located in the covered disaster area.
• Any estate or trust that has tax records
necessary to meet a postponed tax deadline, provided those records are maintained in a covered disaster area.

Casualties, Thefts, and Condemnations

Page 73

Topics

• The spouse on a joint return with a tax-

payer who is eligible for postponements.
• Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose necessary records to
meet a postponed tax deadline are located
in the covered disaster area.
• Any individual visiting the covered disaster
area who was killed or injured as a result of
the disaster.
• Any other person determined by the IRS to
be affected by a federally declared disaster.
Covered disaster area. This is an area of
a federally declared disaster area in which the
IRS has decided to postpone tax deadlines for
up to 1 year.
Abatement of interest and penalties. The
IRS may abate the interest and penalties on the
underpaid income tax for the length of any postponement of tax deadlines.

Reporting Gains
and Losses

12.
Self-Employment
Tax
What's New for 2021
Maximum net earnings. The maximum net
self-employment earnings subject to the social
security part (12.4%) of the self-employment tax
is $142,800 for 2021, up from $137,700 for
2020. There is no maximum limit on earnings
subject to the Medicare part (2.9%) or, if applicable, the Additional Medicare Tax (0.9%).
The maximum net self-employment earnings subject to the social security part of the
self-employment tax for 2022 will be discussed
in the 2021 Pub. 334.

You will have to file one or more of the following
forms to report your gains or losses from involuntary conversions.

Credits for self-employed persons. Extended refundable credits are available to certain
self-employed persons impacted by the coronavirus. See the Instructions for Form 7202 for
more information.

Form 4684. Use this form to report your gains
and losses from casualties and thefts.

Reminder

Form 4797. Use this form to report involuntary
conversions (other than from casualty or theft)
of property used in your trade or business and
capital assets held in connection with a trade or
business or a transaction entered into for profit.
Also use this form if you have a gain from a
casualty or theft on trade, business, or income-producing property held for more than 1
year and you have to recapture some or all of
your gain as ordinary income.

Self-employed tax payments deferred in
2020. Legislation allowed for self-employed individuals to defer the payment of certain social
security taxes for 2020 over the next two years.
See How self-employed individuals and
household employers repay deferred Social
Security tax.

Form 8949. Use this form to report gain from
an involuntary conversion (other than from
casualty or theft) of personal-use property.

Self-employment tax (SE tax) is a social security and Medicare tax primarily for individuals
who work for themselves. It is similar to the social security and Medicare taxes withheld from
the pay of most wage earners.
You usually have to pay SE tax if you are
self-employed. You are usually self-employed if
you operate your own farm on land you either
own or rent. You have to figure SE tax on
Schedule SE (Form 1040).
Farmers who have employees may have to
pay the employer's share of social security and
Medicare taxes, as well. See chapter 13 for information on employment taxes.
If your self-employment income exceeds a
certain threshold amount, you may also be subject to a 0.9% Additional Medicare Tax on the
income that is more than that amount. You figure this tax using Form 8959. For more information about the Additional Medicare Tax, including the threshold amounts, see the Instructions
for Form 8959.

Schedule A (Form 1040). Use this form to deduct your losses from casualties and thefts of
personal-use property and income-producing
property that you reported on Form 4684.
Schedule D (Form 1040). Use this form to
carry over the following gains.
• Net gain shown on Form 4797 from an involuntary conversion of business property
held for more than 1 year.
• Net gain shown on Form 4684 from the
casualty or theft of personal-use property.
Also use this form to figure the overall gain
or loss from transactions reported on Form
8949.
Schedule F (Form 1040). Use this form to deduct your losses from casualty or theft of livestock or produce bought for sale on line 32
(Other expenses) if you use the cash method of
accounting and haven’t otherwise deducted
these losses.

Page 74

Chapter 12

Self-Employment Tax

Introduction

Self-employment tax rate. The self-employment tax rate is 15.3%. The rate consists of two
parts: 12.4% for social security (old-age, survivors, and disability insurance) and 2.9% for
Medicare (hospital insurance).

This chapter discusses:

•
•
•
•
•
•
•

Why pay self-employment tax
How to pay self-employment tax
Who must pay self-employment tax
Figuring self-employment earnings
Landlord participation in farming
Methods for figuring net earnings
Reporting self-employment tax

Useful Items

You may want to see:
Publication
541 Partnerships
541

Form (and Instructions)
1040 U.S. Individual Income Tax Return
1040

1040-SR U.S. Tax Return for Seniors
1040-SR

Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)

Sch SE (Form 1040) Self-Employment
Tax
Sch SE (Form 1040)

1065 U.S. Return of Partnership Income
1065

Sch K-1 (Form 1065) Partner's Share of
Income, Deductions, Credits, etc.
Sch K-1 (Form 1065)

8959 Additional Medicare Tax
8959

See chapter 16 for information about getting
publications and forms.

Why Pay
Self-Employment Tax?
Social security benefits are available to self-employed persons just as they are to wage earners. Your payments of SE tax contribute to your
coverage under the social security system. Social security coverage provides you with retirement benefits, disability benefits, survivor benefits, and hospital insurance (Medicare) benefits.
How to become insured under social security. You must be insured under the social security system before you begin receiving social
security benefits. You are insured if you have
the required number of credits (also called
“quarters of coverage”).
Earning credits in 2021. You can earn a maximum of four credits per year. For 2021, you
earn one credit for each $1,470 of combined
wages and self-employment earnings subject to
social security tax. You need $5,880 ($1,470 ×
4) of combined wages and self-employment
earnings subject to social security tax to earn
four credits in 2021. It doesn’t matter whether
the income is earned in 1 quarter or is spread
over 2 or more quarters.
For an explanation of the number of credits
you must have to be insured and the benefits
available to you and your family under the social security program, consult your nearest Social Security Administration (SSA) office or visit
the SSA website at SSA.gov.

!

CAUTION

Making false statements to get or to increase social security benefits may
subject you to penalties.

The Social Security Administration (SSA)
time limit for posting self-employment earnings. Generally, the SSA will give you credit
only for self-employment earnings reported on a
tax return filed within 3 years, 3 months, and 15
days after the tax year you earned the income.
If you file your tax return or report a
change in your self-employment earnCAUTION ings after the SSA time limit for posting
self-employment earnings, the SSA may
change its records, but only to remove or reduce the amount. The SSA won't change its records to increase your self-employment earnings after the SSA time limit listed above.

!

How To Pay
Self-Employment Tax
To pay SE tax, you must have a social security
number (SSN) or an individual taxpayer identification number (ITIN). This section explains how
to:
• Obtain an SSN or ITIN, and
• Pay your SE tax using estimated tax.
An ITIN doesn’t entitle you to social security benefits. Obtaining an ITIN
CAUTION doesn’t change your immigration or
employment status under U.S. law.

!

Obtaining a social security number (SSN).
If you have never had an SSN, apply for one using Form SS-5, Application for a Social Security
Card. The application is also available in Spanish. You can get this form at any social security
office or by calling 800-772-1213.
If you have an SSN from the time you were
an employee, you must use that number. Don’t
apply for a new one.
Replacing a lost social security card. If
you have a number but lost your card, file Form
SS-5. You will get a new card showing your
original number, not a new number. In some
areas you may be able to request a replacement card online.
Name change. If your name has changed
since you received your social security card,
complete Form SS-5 to report a name change.
You can find more information about
obtaining a social security number, replacing a lost card, or requesting a
name change at SSA.gov.
Obtaining an individual taxpayer identification number (ITIN). The IRS will issue you an
ITIN, for tax use only, if you are a nonresident or
resident alien and you don’t have, and aren’t eligible to get, an SSN. To apply for an ITIN, file
Form W-7, Application for IRS Individual Taxpayer Identification Number. You can download
Form W-7 from the IRS website at IRS.gov. For
more information on ITINs, see Pub. 1915.
Form W-7 and Pub. 1915 are also available in
Spanish.

If you were assigned an ITIN before
2013, or if you have an ITIN that you
CAUTION haven't included on a tax return in the
last 3 consecutive years, you may need to renew it. For more information, see the Instructions for Form W-7 or visit IRS.gov/ITIN.

!

Paying estimated tax. Estimated tax is the
method used to pay tax (including SE tax) on income not subject to withholding. You generally
have to make estimated tax payments if you expect to owe tax, including SE tax, of $1,000 or
more when you file your return. Use Form
1040-ES, Estimated Tax for Individuals, to figure and pay the tax.
However, if at least two-thirds of your gross
income for the current tax year or the prior tax
year is from farming and you file your tax return
and pay all the tax due by March 1, you don’t
have to pay any estimated tax. For example, if
at least two-thirds of your gross income for
2020 or 2021 is from farming and you file your
2021 Form 1040 and pay all the tax due by
March 1, 2022, you don’t have to make any estimated tax payments for 2021. For more information about estimated tax for farmers, the definition of “farming income,” and exceptions to
what constitutes farming income, see chapter 15.
Penalty for underpayment of estimated
tax. You may have to pay a penalty if you don’t
pay enough estimated tax by its due date.

Who Must Pay
Self-Employment Tax?
You must pay SE tax and file Schedule SE
(Form 1040) if your net earnings from self-employment were $400 or more.
The SE tax rules apply no matter how
old you are and even if you are already
CAUTION receiving social security or Medicare
benefits.

!

Aliens. Generally, resident aliens must pay
self-employment tax under the same rules that
apply to U.S. citizens. Nonresident aliens aren’t
subject to self-employment tax unless an international social security agreement determines
that they are covered under the U.S. social security system. Residents of the Virgin Islands,
Puerto Rico, Guam, the Commonwealth of the
Northern Mariana Islands, or American Samoa
are subject to self-employment tax, as they are
considered U.S. residents for self-employment
tax purposes. For more information on aliens,
see Pub. 519, U.S. Tax Guide for Aliens, and
the Instructions for Schedule SE (Form 1040).
Are you self-employed? You are self-employed if you carry on a trade or business (such
as running a farm) as a sole proprietor, an independent contractor, a member of a partnership,
or are otherwise in business for yourself. A
trade or business is generally an activity carried
on for a livelihood or in good faith to make a
profit.

Share farmer. You are a self-employed farmer
under an income-sharing arrangement if both
the following apply.
1. You produce a crop or raise livestock on
land belonging to another person.
2. Your share of the crop or livestock, or the
proceeds from their sale, depends on the
amount produced.
Your net farm profit or loss from the income-sharing arrangement is reported on
Schedule F (Form 1040) and included in your
self-employment earnings.
If you produce a crop or livestock on land
belonging to another person and are to receive
a specified rate of pay, a fixed sum of money, or
a fixed quantity of the crop or livestock, and not
a share of the crop or livestock or their proceeds, you may be either self-employed or an
employee of the landowner. This will depend on
whether the landowner has the right to direct or
control your performance of services.
Example. A share farmer produces a crop
on land owned by another person on a 50-50
crop-share basis. Under the terms of their
agreement, the share farmer furnishes the labor
and half the cost of seed and fertilizer. The
landowner furnishes the machinery and equipment used to produce and harvest the crop,
and half the cost of seed and fertilizer. The
share farmer is provided a house in which to
live. The landowner and the share farmer decide on a cropping plan.
The share farmer is a self-employed farmer
for purposes of the agreement to produce the
crops, and the share farmer's part of the profit
or loss from the crops is reported on Schedule F (Form 1040) and included in self-employment earnings.
The tax treatment of the landowner is discussed later under Landlord Participation in
Farming.
Contract farming. Under typical contract
farming arrangements, the grower receives a
fixed payment per unit of crops or finished livestock delivered to the processor or packing
company. Because the grower typically furnishes labor and bears some production risk,
the payments are reported on Schedule F
(Form 1040) and are therefore subject to
self-employment tax.
4-H Club or FFA project. If an individual participates in a 4-H Club or National FFA Organization (FFA) project, any net income received
from sales or prizes related to the project may
be subject to income tax. Report the net income
as “Other income” on Schedule 1 (Form 1040),
line 8z. If necessary, attach a statement showing the gross income and expenses. The net income may not be subject to SE tax if the project
is primarily for educational purposes and not for
profit, and is completed by the individual under
the rules and economic restrictions of the sponsoring 4-H or FFA organization. Such a project
is generally not considered a trade or business.
For information on the filing requirements and
other tax information for dependents, see Pub.
929.

Chapter 12

Self-Employment Tax

Page 75

Partners in a partnership. Generally, you are
self-employed if you are a member of a partnership that carries on a trade or business.
Limited partner. If you are a limited partner, your partnership income is generally not
subject to SE tax. However, guaranteed payments you receive for services you perform for
the partnership are subject to SE tax and
should be reported to you in box 14 of your
Schedule K-1 (Form 1065).
Community property. If you are a partner
and your distributive share of any income or
loss from a trade or business carried on by the
partnership is community property, treat your
share as your self-employment earnings. Don’t
treat any of your share as self-employment
earnings of your spouse.
Business owned and operated by spouses.
If you and your spouse jointly own and operate
a farm as an unincorporated business and
share in the profits and losses, you are partners
in a partnership whether or not you have a formal partnership agreement. You must file Form
1065 instead of Schedule F (Form 1040). However, you and your spouse may still report income using Schedule F (Form 1040) instead of
Form 1065 if either of the following applies.
• You and your spouse elect to be treated as
a qualified joint venture. See Qualified joint
venture, later.
• You and your spouse wholly own the unincorporated farming business as community property and you treat the business as a
sole proprietorship. See Community income, later.
If your spouse is your employee, not
your partner, you must withhold and
CAUTION pay social security and Medicare taxes
for him or her. For more information about employment taxes, see chapter 13.

!

Qualified joint venture. If you and your
spouse each materially participate as the only
members of a jointly owned and operated farm,
and you file a joint tax return for the tax year,
you can make a joint election to be treated as a
qualified joint venture instead of a partnership
for the tax year. Making this election will allow
you to avoid the complexity of Form 1065 but
still give each spouse credit for social security
earnings on which retirement benefits are
based. For an explanation of “material participation,” see the instructions for Schedule C, line
G, and the instructions for Schedule F, line E.
Only businesses that are owned and
operated by spouses as co-owners
CAUTION (and not in the name of a state law entity) qualify for the election. Thus, a business
owned and operated by spouses through a limited liability company does not qualify for the
election of a qualified joint venture.

!

To make this election, you must divide all
items of income, gain, loss, deduction, and
credit attributable to the business between you
and your spouse in accordance with your respective interests in the venture. Each of you
must file a separate Schedule F and a separate
Schedule SE. For more information, see Qualified Joint Ventures in the Instructions for Schedule SE (Form 1040).
Page 76

Chapter 12

Self-Employment Tax

Community income. If you and your
spouse wholly own an unincorporated business
as community property under the community
property laws of a state, foreign country, or U.S.
possession, you can treat your wholly owned,
unincorporated business as a sole proprietorship, instead of a partnership. Any change in
your reporting position will be treated as a conversion of the entity.
Report your income and deductions as follows.
• If only one spouse participates in the business, all of the income from that business
is the self-employment earnings of the
spouse who carried on the business.
• If both spouses participate, the income and
deductions are allocated to the spouses
based on their distributive shares.
• If you and your spouse elected to treat the
business as a qualifying joint venture, see
Qualified joint venture, earlier.
States with community property laws include
Arizona, California, Idaho, Louisiana, Nevada,
New Mexico, Texas, Washington, and Wisconsin. See Pub. 555 for more information about
community property laws.

Figuring
Self-Employment
Earnings
Farmer. If you are self-employed as a farmer,
use Schedule F (Form 1040) to figure your
self-employment earnings.
Partnership income or loss. If you are a
member of a partnership that carries on a trade
or business, the partnership should report your
self-employment earnings in box 14, code A, of
your Schedule K-1 (Form 1065). Box 14 of
Schedule K-1 may also provide amounts for
gross farming or fishing income (code B) and
gross nonfarm income (code C). Use these
amounts if you use the farm or nonfarm optional
method to figure net earnings from self-employment (see Methods for Figuring Net Earnings,
later).
If you are a general partner, you may need
to reduce these reported earnings by amounts
you claim as a section 179 deduction, unreimbursed partnership expenses, or depletion on
oil and gas properties.
If the amount reported is a loss, include only
the deductible amount when you figure your total self-employment earnings.
For more information, see the Partner's Instructions for Schedule K-1 (Form 1065).
For general information on partnerships, see
Pub. 541.
More than one business. If you have self-employment earnings from more than one trade,
business, or profession, you must generally
combine the net profit or loss from each to determine your total self-employment earnings. A
loss from one business reduces your profit from
another business. However, don’t combine
earnings from farm and nonfarm businesses if
you are using one of the optional methods (discussed later) to figure net earnings.

Community property. If any of the income
from a farm or business, other than a partnership, is community property under state law, it is
included in the self-employment earnings of the
spouse carrying on the trade or business.
Payments for lost income. Include in
self-employment earnings any payments you
receive from insurance or other sources to replace income lost because you reduced or
stopped farming activities. These include USDA
payments under the Dairy Margin Coverage
(DMC) Program, which provides dairy producers with payments when dairy margins are below the margin coverage levels. See usda.gov
for additional information about other USDA
programs. Even if you aren’t farming when you
receive the payment, it is included in self-employment earnings if it relates to your farm business (even though it is temporarily inactive). A
connection exists if it is clear the payment
would not have been made but for your conduct
of your farm business.
Gain or loss. A gain or loss from the disposition of property that is neither stock in trade nor
held primarily for sale to customers isn’t included in self-employment earnings. It doesn’t
matter whether the disposition is a sale, exchange, or involuntary conversion. For example, gains or losses from the disposition of the
following types of property aren’t included in
self-employment earnings.
• Investment property.
• Depreciable property or other fixed assets
used in your trade or business.
• Livestock held for draft, breeding, sport, or
dairy purposes, and not held primarily for
sale, regardless of how long the livestock
was held, or whether it was raised or purchased.
• Unharvested standing crops sold with land
held more than 1 year.
• Timber, coal, or iron ore held for more than
1 year if an economic interest was retained, such as a right to receive coal royalties.
A gain or loss from the cutting of timber isn’t
included in self-employment earnings if the cutting is treated as a sale or exchange. For more
information on electing to treat the cutting of
timber as a sale or exchange, see Timber in
chapter 8.
Wages and salaries. Wages and salaries received for services performed as an employee
and covered by social security or railroad retirement aren’t included in self-employment earnings.
Wages paid in kind to you for agricultural labor performed as an employee, such as commodity wages, aren’t included in self-employment earnings.
Retired partner. Retirement income received
by a partner from his or her partnership under a
written plan isn’t included in self-employment
earnings if all the following apply.
• The retired partner performs no services
for the partnership during the year.
• The retired partner is owed only the retirement payments.

• The retired partner's share (if any) of the

partnership capital was fully paid to the retired partner.
• The payments to the retired partner are
lifelong periodic payments.
Conservation Reserve Program (CRP) payments. Under the 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
Schedule F, lines 4a and 4b. Cost-share payments you receive may qualify for the cost-sharing exclusion. See Cost-Sharing Exclusion (Improvements), earlier, in chapter 3. CRP
payments are reported to you on Form 1099-G.
Individuals who are receiving social se-

TIP curity retirement or disability benefits

may exclude CRP payments when calculating self-employment tax. See the Instructions for Schedule SE (Form 1040).
Self-employed health insurance deduction.
You can’t deduct the self-employed health insurance deduction you report on Schedule 1
(Form 1040), line 17, from self-employment
earnings on Schedule SE (Form 1040).

Landlord Participation
in Farming
As a general rule, income and deductions from
rentals and from personal property leased with
real estate aren’t included in determining
self-employment earnings. However, income
and deductions from farm rentals, including
government commodity program payments received by a landowner who rents land, are included if the rental arrangement provides that
the landowner will, and does, materially participate in the production or management of production of the farm products on the land.
Material participation for landlords. You
materially participate if you have an arrangement with your tenant for your participation and
you meet one or more of the following tests.
1. You do at least three of the following.
a. Pay, using cash or credit, at least half
the direct costs of producing the crop
or livestock.
b. Furnish at least half the tools, equipment, and livestock used in the production activities.
c. Advise or consult with your tenant on
something like deciding what crops to
plant, the type of seed or fertilizer to
use, or when and at what price the
crops should be sold.
d. Inspect the production activities periodically.
2. You regularly and frequently make, or take
an important part in making, management
decisions substantially contributing to or
affecting the success of the enterprise. For
example, decisions about when and
where to plant or spray, when to harvest,

what standards to follow, and what records to keep.
3. You work 100 hours or more spread over a
period of 5 weeks or more in activities connected with agricultural production.
4. You do things that, considered in their totality, show you are materially and significantly involved in the production of the
farm commodities.
These tests may be used as general guides for
determining whether you are a material participant.
Crop shares. Rent paid in the form of crop
shares is included in self-employment earnings
for the year you sell, exchange, give away, or
use the crop shares if you meet one of the four
material participation tests (discussed above) at
the time the crop shares are produced. Feeding
such crop shares to livestock is considered using them. Your gross income for figuring your
self-employment earnings includes the fair market value of the crop shares when they are used
as feed.
Example. Nancy agrees to produce a crop
on G. Cohen's cotton farm, with each receiving
half the proceeds. Cohen agrees to furnish all
the necessary equipment, and it is understood
that Cohen will advise Nancy on when to plant,
spray, and pick the cotton. It is also understood
that he will inspect the crop every few days to
determine whether Nancy is properly taking
care of the crop. Under their arrangement, it is
further understood that Nancy will furnish all labor needed to grow and harvest the crop. Cohen provides the advice, makes inspections,
and furnishes the equipment; Nancy furnishes
all labor needed to grow and harvest the crop.
The management decisions made by Cohen
in connection with the care of the cotton crop
and his regular inspection of the crop establish
that Cohen participates to a material degree in
the cotton production operations. The income
Cohen receives from the cotton farm is included
in Cohen’s self-employment earnings.

Methods for Figuring Net
Earnings
There are three ways to figure net earnings
from self-employment.
1. The regular method.
2. The farm optional method.
3. The nonfarm optional method.
You must use the regular method to the extent
you don’t use one or both of the optional methods. See Figure 12-1, to see if you are eligible
to use an optional method.
Why use an optional method? You may
want to use the optional methods (discussed
later) when you have a loss or a small net profit
and any one of the following applies.
• You want to receive credit for social security benefit coverage.
• You incurred child or dependent care expenses for which you could claim a credit.

(An optional method may increase your
earned income, which could increase your
credit.)
• You are entitled to the earned income
credit. (An optional method may increase
your earned income, which could increase
your credit.)
• You are entitled to the additional child tax
credit. (An optional method may increase
your earned income, which could increase
your credit.)
Effects of using an optional method. Using
an optional method could increase your SE tax.
Paying more SE tax may result in you getting
higher social security disability or retirement
benefits.
Using the optional methods may also decrease your adjusted gross income (AGI) due to
the deduction for one-half of SE tax on Form
1040, which may affect your eligibility for credits, deductions, or other items that are subject to
an AGI limit. Figure your AGI with and without
using the optional methods to see if the optional
methods will benefit you.
If you use either or both optional methods,
you must figure and pay the SE tax due under
these methods even if you would have had a
smaller SE tax or no SE tax using the regular
method.
The optional methods may be used only to
figure your SE tax. To figure your income tax,
include your actual self-employment earnings in
gross income, regardless of which method you
use to determine SE tax.

Regular Method
To figure net earnings using the regular
method, multiply your self-employment earnings by 92.35% (0.9235). For your net earnings
figured using the regular method, see line 4a of
your Schedule SE (Form 1040).
Net earnings figured using the regular
method are also called “actual net earnings.”

Farm Optional Method
Use the farm optional method only for self-employment earnings from a farming business.
You can use this method if you meet either of
the following tests.
1. Your gross farm income is $8,820 or less.
2. Your net farm profits are less than $6,367.
Gross farm income. Your gross farm income
is the total of the amounts from:
• Schedule F (Form 1040), line 9, and
• Schedule K-1 (Form 1065), box 14, code B
(from farm partnerships).
Net farm profits. Net farm profits are generally
the total of the amounts from:
• Schedule F (Form 1040), line 34, and
• Schedule K-1 (Form 1065), box 14, code A
(from farm partnerships).
If you received social security retirement or disability benefits, you must subtract the amount of
any CRP payments included on your Schedule F, line 4b, or listed on Schedule K-1 (Form
1065), box 20, code AH. You may also need to
Chapter 12

Self-Employment Tax

Page 77

Figure 12-1. Can I Use the Optional Methods?
START here to determine if
you can use the nonfarm
optional method.

Are your net nonfarm profits
less than $6,367?

START here to determine if
you can use the farm
optional method.

No

Is your gross farm income
$8,820 or less?

Yes
Are your net nonfarm profits
less than 72.189% of your
gross nonfarm income?

Yes
You can
use the
farm
optional
method.*
See Table
12-1.

Yes
Were your actual net earnings
from self-employment $400 or
more in at least 2 of the 3 tax
years before this year?

No

No

No

Yes

Are your net farm profits
less than $6,367?
No
You can’t use the
farm optional method.

Yes
Have you previously used this
method less than 5 years?
(Note: There is a 5-year
lifetime limit.)
Yes
You can use the nonfarm
optional method.* See
Pub. 334.

No

You can’t
use the
nonfarm
optional
method.

*If you use both optional methods, see Using Both Optional Methods, later, for limits on the amount to report.

adjust the amount reported on Schedule K-1 if
you are a general partner or if it is a loss. For
more information, see Partnership income or
loss, earlier.
Figuring farm net earnings.
ther of the two tests explained
ble 12-1 to figure your net
self-employment under the
method.

If you meet eiabove, use Taearnings from
farm optional

Table 12-1. Figuring Farm Net
Earnings
IF your gross farm
income is...

THEN your net
earnings are
equal to...

$8,820 or less

Two-thirds of your
gross farm income

More than $8,820

$5,880

Optional method can reduce or eliminate
SE tax. If your gross farm income is $8,820 or
less and your farm net earnings figured under
the farm optional method are less than your actual farm net earnings, you can use the farm optional method to reduce or eliminate your SE
tax. Your actual farm net earnings are your farm
net earnings figured using the regular method,
explained earlier.

Page 78

Chapter 12

Self-Employment Tax

Example. Your gross farm income is $540
and your net farm profit is $460. Consequently,
your net earnings figured under the farm optional method are $360 (2/3 of $540) and your
actual net earnings are $425 (92.35% of $460).
You owe no SE tax if you use the optional
method because your net earnings under the
farm optional method are less than $400.

Nonfarm Optional Method
This is an optional method available for determining net earnings from nonfarm self-employment, much like the farm optional method.
If you are also engaged in a nonfarm business, you may be able to use this method to figure your nonfarm net earnings. You can use this
method even if you don’t use the farm optional
method for determining your farm net earnings
and even if you have a net loss from your nonfarm business. For more information about the
nonfarm optional method, see Pub. 334.
You can’t combine farm and nonfarm
self-employment earnings to figure
CAUTION your net earnings under either of the
optional methods.

!

Using Both Optional
Methods
If you use both optional methods, you must add
the net earnings figured under each method to
arrive at your total net earnings from self-employment. You can report less than your total
actual farm and nonfarm net earnings but not
less than actual nonfarm net earnings. If you
use both optional methods, you can report no
more than $5,880 as your combined net earnings from self-employment.

Reporting
Self-Employment Tax
Use Schedule SE (Form 1040) to figure and report your SE tax. Then, enter the SE tax on
Schedule 2 (Form 1040), line 4, and attach
Schedule SE to Form 1040 or Form 1040-SR.
If you have to pay SE tax, you must file
Form 1040 or Form 1040-SR (with
CAUTION Schedule SE attached) even if you
don’t otherwise have to file a federal income tax
return.

!

Self-employment tax deduction. You can
deduct half of your SE tax in figuring your adjusted gross income. This deduction only affects

your income tax. It doesn’t affect either your net
earnings from self-employment or your SE tax.
To deduct the tax, enter on Schedule 1
(Form 1040), line 15, the amount from line 13 of
Schedule SE (Form 1040).
Joint return. Even if you file a joint return, you
can’t file a joint Schedule SE. This is true
whether one spouse or both spouses have
self-employment earnings. Your spouse isn’t
considered self-employed just because you
are. If both of you have self-employment earnings, each of you must complete a separate
Schedule SE. Attach both schedules to the joint
return. If you and your spouse operate a business as a partnership, see Business owned and
operated by spouses and Qualified joint venture, earlier, under Who Must Pay Self-Employment Tax.

13.
Employment
Taxes
What's New for 2021
The COVID-19 related credit for qualified
sick and family leave wages has been extended and amended. The Families First Coronavirus Response Act (FFCRA) was amended by recent legislation. The FFCRA
requirement that employers provide paid sick
and family leave for reasons related to COVID19 (the employer mandate) expired on December 31, 2020; however, the COVID-related Tax
Relief Act of 2020 extends the periods for which
employers providing leave that otherwise meets
the requirements of the FFCRA may continue to
claim tax credits for qualified sick and family
leave wages paid for leave taken before April 1,
2021.
The American Rescue Plan Act of 2021 (the
ARP) adds new sections 3131, 3132, and 3133
to the Internal Revenue Code to provide credits
for qualified sick and family leave wages similar
to the credits that were previously enacted under the FFCRA and amended and extended by
the COVID-related Tax Relief Act of 2020. The
credits under sections 3131 and 3132 are available for qualified leave wages paid for leave
taken after March 31, 2021, and before October
1, 2021. For more information about the credit
for qualified sick and family leave wages, including the dates for which the credit may be
claimed, see the Instructions for Form 943, and
go to IRS.gov/PLC.
The COVID-19 related employee retention
credit has been extended and amended.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was amended by recent
legislation. The Taxpayer Certainty and Disaster Tax Relief Act of 2020 modifies the

calculation of the employee retention credit and
extends the date through which the credit may
be claimed to qualified wages paid before July
1, 2021.
The ARP adds new section 3134 to the Internal Revenue Code to provide an employee
retention credit similar to the credit that was
previously enacted under the CARES Act and
amended and extended by the Taxpayer Certainty and Disaster Tax Relief Act of 2020. The
employee retention credit is available for qualified wages paid before January 1, 2022. For
more information about the employee retention
credit, including the dates for which the credit
may be claimed, see the Instructions for Form
943, and go to IRS.gov/ERC.
New credit for COBRA premium assistance
payments. Section 9501 of the ARP provides
for COBRA premium assistance in the form of a
full reduction in the premium otherwise payable
by certain individuals and their families who
elect COBRA continuation coverage due to a
loss of coverage as the result of a reduction in
hours or an involuntary termination of employment (assistance eligible individuals). This COBRA premium assistance is available for periods of coverage beginning on or after April 1,
2021, through periods of coverage beginning
on or before September 30, 2021. For more information on COBRA premium assistance payments and the credit, see the Instructions for
Form 943 and Notice 2021-31, 2021-23 I.R.B.
1173,
available
at
IRS.gov/irb/
2021-23_IRB#NOT-2021-31.
Advance payment of COVID-19 credits extended. Based on the extensions of the credit
for qualified sick and family leave wages and
the employee retention credit, and the new
credit for COBRA premium assistance payments, discussed above, Form 7200, Advance
Payment of Employer Credits Due to
COVID-19, may be filed to request an advance
payment. For more information, including information on which employers are eligible to request an advance payment, the deadlines for
requesting an advance, and the amount that
can be advanced, see the Instructions for Form
7200.
Deferral of the employer share of social security tax expired. The CARES Act allowed
employers to defer the deposit and payment of
the employer share of social security tax. The
deferred amount of the employer share of social
security tax was only available for deposits due
on or after March 27, 2020, and before January
1, 2021, as well as deposits and payments due
after January 1, 2021, that are required for wages paid on or after March 27, 2020, and before
January 1, 2021. One-half of the employer
share of social security tax is due by December
31, 2021, and the remainder is due by December 31, 2022. For more information about the
deferral of the employer share of social security
tax, see the Instructions for Form 943 and
IRS.gov/ETD.
Deferral of the employee share of social security tax expired. The Presidential Memorandum on Deferring Payroll Tax Obligations in
Light of the Ongoing COVID-19 Disaster, issued on August 8, 2020, directed the Secretary
of the Treasury to defer the withholding, deposit, and payment of the employee share of

social security tax on wages paid during the period from September 1, 2020, through December 31, 2020. The deferral of the withholding
and payment of the employee share of social
security tax was available for employees whose
social security wages paid for a biweekly pay
period were less than $4,000, or the equivalent
threshold amount for other pay periods. The
COVID-related Tax Relief Act of 2020 defers
the due date for the withholding and payment of
the employee share of social security tax until
the period beginning on January 1, 2021, and
ending on December 31, 2021. For more information about the deferral of employee social
security tax, see the Instructions of the Form
943; Notice 2020-65, 2020-38 I.R.B. 567, available
at
IRS.gov/irb/
2020-38_IRS#NOT-2020-65;
and
Notice
2021-11, 2021-06 I.R.B. 827, available at
IRS.gov/irb/2021-06_IRB#NOT-2021-11.
Social security and Medicare tax for 2021.
The rate of social security tax on taxable wages, including qualified sick leave wages and
qualified family leave wages, for leave taken after March 31, 2021, is 6.2% (0.062) each for the
employer and employee or 12.4% (0.124) for
both. Qualified sick leave wages and qualified
family leave wages for leave taken before April
1, 2021, aren't subject to the employer share of
social security tax; therefore, the tax rate on
these wages is 6.2% (0.062). The social security wage base limit is $142,800.
The Medicare tax rate is 1.45% (0.0145)
each for the employee and employer, unchanged from 2020. There is no wage base
limit for Medicare tax.
2021 withholding tables. The federal income
tax withholding tables are now included in Pub.
15-T, Federal Income Tax Withholding Methods.

What’s New for 2022
Social security and Medicare tax for 2022.
The employee and employer tax rates for social
security and the maximum amount of wages
subject to social security tax for 2022 will be
discussed in Pub. 51 (for use in 2022).
The Medicare tax rate for 2022 will also be
discussed in Pub. 51 (for use in 2022). There is
no limit on the amount of wages subject to Medicare tax.

Reminders
Additional employment tax information for
farmers. See Pub. 51 for more detailed guidance on employment taxes for employers of agricultural workers. For the latest information
about developments related to Pub. 51, such as
legislation enacted after it was published, go to
IRS.gov/Pub51. For general tax information relevant to agricultural employers, go to IRS.gov/
AgricultureTaxCenter. For general information
about employment taxes, go to IRS.gov/
EmploymentTaxes. For information about employer responsibilities under the Affordable
Care Act, go to IRS.gov/ACA. For information
about COVID-19 tax relief, go to IRS.gov/
Coronavirus.
Chapter 13

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Qualified small business payroll tax credit
for increasing research activities. For tax
years beginning after 2015, a qualified small
business may elect to claim up to $250,000 of
its credit for increasing research activities as a
payroll tax credit against the employer's share
of social security tax. The payroll tax credit election must be made on or before the due date of
the originally filed income tax return (including
extensions). The portion of the credit used
against the employer's share of social security
tax is allowed in the first calendar quarter beginning after the date that the qualified small business filed its income tax return. The first Form
943 that you could claim this credit on was
Form 943 filed for calendar year 2017. For more
information, see the Instructions for Form 943
and go to IRS.gov/ResearchPayrollTC.
Certification program for professional employer organizations (PEOs). The Stephen
Beck, Jr., Achieving a Better Life Experience
Act of 2014 required the IRS to establish a voluntary certification program for PEOs. PEOs
handle various payroll administration and tax
reporting responsibilities for their business clients and are typically paid a fee based on payroll costs. To become and remain certified under the certification program, certified
professional employer organizations (CPEOs)
must meet various requirements described in
sections 3511 and 7705 and related published
guidance. Certification as a CPEO may affect
the employment tax liabilities of both the CPEO
and its customers. A CPEO is generally treated
for employment tax purposes as the employer
of any individual who performs services for a
customer of the CPEO and is covered by a contract described in section 7705(e)(2) between
the CPEO and the customer (CPEO contract),
but only for wages and other compensation
paid to the individual by the CPEO. To become
a CPEO, the organization must apply through
the IRS Online Registration System. For more
information or to apply to become a CPEO, go
to IRS.gov/CPEO. Also see Revenue Procedure 2017-14, 2017-3 I.R.B. 426, available at
IRS.gov/irb/2017-03_IRB#RP-2017-14.
CPEOs must generally file Form 943 and
Schedule R (Form 943), Allocation Schedule for
Aggregate Form 943 Filers, electronically. For
more information about a CPEO's requirement
to file electronically, see Regulations section
31.3511-1(g)(2).
Correcting a previously filed Form 943. If
you discover an error on a previously filed Form
943, make the correction using Form 943-X,
Adjusted Employer's Annual Federal Tax Return for Agricultural Employees or Claim for Refund. Form 943-X is filed separately from Form
943. For more information on correcting Form
943, see the Instructions for Form 943-X or section 9 of Pub. 51, or go to IRS.gov/
CorrectingEmploymentTaxes.
Federal tax deposits must be made by electronic funds transfer (EFT). You must use
EFT to make all federal tax deposits. Generally,
an EFT is made using the Electronic Federal
Tax Payment System (EFTPS). If you don't
want to use EFTPS, you can arrange for your
tax professional, financial institution, payroll
service, or other trusted third party to make
electronic deposits on your behalf. Also, you
may arrange for your financial institution to
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initiate a same-day wire payment on your behalf. EFTPS is a free service provided by the
Department of the Treasury. Services provided
by your tax professional, financial institution,
payroll service, or other third party may have a
fee.
For more information on making federal tax
deposits, see section 7 of Pub. 51. To get more
information about EFTPS or to enroll in EFTPS,
go to EFTPS.gov or call 800-555-4477 or
800-733-4829 (TDD). Additional information
about EFTPS is also available in Pub. 966.
Electronic filing and payment. Businesses
can enjoy the benefits of filing tax returns and
paying their federal taxes electronically.
Whether you rely on a tax professional or handle your own taxes, the IRS offers you convenient programs to make filing and paying easier.
Spend less time worrying about taxes and more
time running your business. Use e-file and
EFTPS to your benefit.
• For e-file, go to IRS.gov/EmploymentEfile
for additional information. A fee may be
charged to file electronically.

• For EFTPS, go to EFTPS.gov or call

EFTPS Customer Service at 800-555-4477
or 800-733-4829 (TDD) for additional information.
• For electronic filing of Form W-2, Wage
and Tax Statement, go to SSA.gov/
employer. You may be required to file
Forms W-2 electronically. For details, see
the General Instructions for Forms W-2
and W-3.
Work opportunity tax credit for qualified
tax-exempt organizations hiring qualified
veterans. Qualified tax-exempt organizations
that hire eligible unemployed veterans may be
able to claim the work opportunity tax credit
against their payroll tax liability using Form
5884-C. For more information, go to IRS.gov/
WOTC.

Important Dates for 2022
You should take the action indicated by the
dates listed. The dates listed here aren't
adjusted for Saturdays, Sundays, and legal
holidays (see the TIP next). Pub. 509, Tax
Calendars (for use in 2021), adjusts the dates
for Saturdays, Sundays, and legal holidays.
Due dates for deposits of withheld federal
income taxes, social security taxes, and
Medicare taxes aren't listed here. Also, the due
dates for forms required for health coverage
reporting aren't listed here. For these dates, see
Pub. 509.
If any date shown next for filing a re-

TIP turn, furnishing a form, or depositing

taxes falls on a Saturday, Sunday, or
legal holiday, the due date is the next business
day. The term “legal holiday” means any legal
holiday in the District of Columbia. Legal holidays in the District of Columbia are provided in
section 7 of Pub. 51. A statewide legal holiday
delays a filing or furnishing due date only if the
IRS office where you’re required to file a return
or furnish a form is located in that state. However, a statewide legal holiday doesn't delay the
due date of federal tax deposits. For any due
date, you will meet the “file” or “furnish” date

requirement if the envelope containing the tax
return or form is properly addressed, contains
sufficient postage, and is postmarked by the
U.S. Postal Service on or before the due date,
or sent by an IRS-designated private delivery
service (PDS) on or before the due date. Go to
IRS.gov/PDS for the current list of PDSs. For
the IRS mailing address to use if you're using a
PDS, go to IRS.gov/PDSstreetAddresses.
Fiscal year taxpayers. The due dates listed
next apply whether you use a calendar or a fiscal year.
By January 31.
• File Form 943 with the IRS. If you deposited all Form 943 taxes when due, you may
file Form 943 by February 10.
• File Form 940, Employer's Annual Federal
Unemployment (FUTA) Tax Return, with
the IRS. If you deposited all the FUTA tax
when due, you may file Form 940 by February 10.
• File Copy A of all paper and electronic
Forms W-2 with Form W-3, Transmittal of
Wage and Tax Statements, with the Social
Security Administration (SSA). If filing electronically, the SSA generates Form W-3
automatically based on your Forms W-2.
For more information on reporting Form
W-2 information to the SSA electronically,
go to the SSA’s Employer W-2 Filing Instructions & Information webpage at
SSA.gov/employer.
• Furnish each employee with a completed
Form W-2.
• File Copy A of all paper and electronic
Forms 1099-NEC, Nonemployee Compensation, that report nonemployee compensation with Form 1096, Annual Summary
and Transmittal of U.S. Information Returns, with the IRS. For information on filing
information returns electronically with the
IRS, see Pub. 1220. Other Forms 1099, including Forms 1099-MISC, have different
due dates. For details about filing Forms
1099 and for information about required
electronic filing, see the General Instructions for Certain Information Returns for
general information, and the separate,
specific instructions for each information
return you file (for example, the Instructions for Forms 1099-MISC and
1099-NEC).
• Furnish each recipient to whom you paid
$600 or more in nonemployee compensation with a completed Form 1099-NEC.
• File Form 945, Annual Return of Withheld
Federal Income Tax, with the IRS to report
any nonpayroll income tax withheld. If you
deposited all Form 945 taxes when due,
you may file Form 945 by February 10.
By February 15. Ask for a new Form W-4, Employee’s Withholding Certificate, or Formulario
W-4(SP) from each employee who claimed exemption from federal income tax withholding
last year.
On February 16. Any Form W-4 claiming exemption from withholding for the previous year
has now expired. Begin withholding for any employee who previously claimed exemption from
withholding but hasn't given you a new Form
W-4 for the current year. If the employee
doesn't give you a new Form W-4, withhold
taxes as if he or she had checked the box for

Single or Married filing separately in Step 1(c)
and made no entries in Step 2, Step 3, or Step
4 of the 2021 Form W-4. If the employee furnishes a new Form W-4 claiming exemption
from withholding after February 15, you may apply the exemption to future wages, but don't refund taxes withheld while the exempt status
wasn't in place.
By April 30, July 31, October 31, and January 31. Deposit FUTA taxes. Deposit FUTA
tax due if the undeposited amount is over $500.
Before December 1. Remind employees to
submit a new Form W-4 if their filing status,
other income, deductions, or credits have
changed or will change for the next year.

15-B Employer's Tax Guide to Fringe
Benefits

services is an independent contractor or an employee.

15-T Federal Income Tax Withholding
Methods

If you employ a family of workers, each
worker subject to your control (not just the head
of the family) is an employee.

15-B

15-T

51

51

Agricultural Employer's Tax Guide

926 Household Employer's Tax Guide
926

Form (and Instructions)
W-2 Wage and Tax Statement
W-2

W-4 Employee's Withholding Certificate
W-4

W-9 Request for Taxpayer Identification
Number and Certification
W-9

940 Employer's Annual Federal
Unemployment (FUTA) Tax Return
940

If you deferred the employer share of
TIP social security tax under the CARES
Act, one-half is due by December 31,
2021, and the remainder is due by December
31, 2022. If you deferred the employee share of
social security taxes under Notice 2020-65 and
Notice 2021-11, you must withhold and pay the
deferred taxes ratably from wages paid between January 1, 2021, and December 31,
2021. For more information and payment instructions, see the Instructions for Form 943,
IRS.gov/ETD, Notice 2020-65, and Notice
2021-11.

Introduction
You’re generally required to withhold federal income tax from the wages of your employees.
You may be required to withhold social security
and Medicare taxes from your employees' wages and pay the employer's share of these
taxes under the Federal Insurance Contributions Act (FICA). You may also have to pay federal unemployment tax under the Federal Unemployment Tax Act (FUTA). You must also
withhold Additional Medicare Tax from wages
you pay to an employee in excess of $200,000
in a calendar year. This chapter includes information about these taxes.
You must also pay self-employment tax on
your net earnings from farming. See chapter 12
for information on self-employment tax.

Topics

This chapter discusses:

•
•
•
•
•
•

Farm employment;
Family employees;
Crew leaders;
Social security and Medicare taxes;
Federal income tax withholding;
Required notice to employees about the
earned income credit (EIC);
• Reporting and paying social security,
Medicare, and withheld federal income
taxes; and
• FUTA tax.

Useful Items

You may want to see:
Publication
15

15

Employer's Tax Guide

15-A Employer's Supplemental Tax Guide
15-A

943 Employer's Annual Federal Tax
Return for Agricultural Employees
943

943-X Adjusted Employer's Annual
Federal Tax Return for Agricultural
Employees or Claim for Refund
943-X

See chapter 16 for information about getting
publications and forms.

Farm Employment
In general, you’re an employer of farmworkers if
your employees do any of the following types of
work.
• Raising or harvesting agricultural or horticultural products on a farm, including raising and feeding of livestock and raising
bees for pollination and the production of
honey.
• Operating, managing, conserving, improving, or maintaining your farm and its tools
and equipment, if the major part of such
service is performed on a farm.
• Services performed in salvaging timber, or
clearing land of brush and other debris, left
by a hurricane (also known as hurricane labor), if the major part of such service is
performed on a farm.
• Handling, processing, or packaging any
agricultural or horticultural commodity in its
unmanufactured state if you produced
more than half of the commodity (for a
group of up to 20 unincorporated operators, all of the commodity).
• Work related to cotton ginning, turpentine,
gum resin products, or the operation and
maintenance of irrigation facilities.
For more information, see sections 2 and 12 of
Pub. 51.
Generally, a worker who performs services
for you is your employee if you have the right to
control what will be done and how it will be
done. This is so even when you give the employee freedom of action. What matters is that
you have the right to control the details of how
the services are performed. You’re responsible
for withholding and paying employment taxes
for your employees. You’re also required to file
employment tax returns. These requirements
don't apply to amounts that you pay to independent contractors, as discussed later under
Nonemployee compensation. See sections 1
and 2 of Pub. 15-A for more information on how
to determine whether an individual providing

Special rules apply to crew leaders. See
Crew Leaders, later.
Employer identification number (EIN). If
you’re required to report employment taxes or
give tax statements to employees, you must
have an EIN. If you don't have an EIN, you may
apply for one online by visiting IRS.gov/EIN.
You may also apply for an EIN by faxing or mailing Form SS-4 to the IRS.
Employee's social security number (SSN).
An employee who doesn't have an SSN and is
legally eligible to work in the United States
should submit Form SS-5, Application for a Social Security Card, to the SSA. Form SS-5 is
available from any SSA office or by calling
800-772-1213. It is also available from the
SSA's website at SSA.gov/online/ss-5.pdf.
The employee must furnish evidence of age,
identity, and U.S. citizenship or lawful immigration status permitting employment with the
Form SS-5.
Form I-9. You must verify that each new employee is legally eligible to work in the United
States. This includes completing the U.S. Citizenship and Immigration Services (USCIS)
Form I-9, Employment Eligibility Verification.
You can get Form I-9 at USCIS.gov/Forms. For
more information, visit the USCIS website at
USCIS.gov/I-9-Central or call 800-375-5283 or
800-767-1833 (TTY). Employers and employees in Puerto Rico ONLY may use the Spanish
version of Form I-9.
You may use the Social Security Number
Verification Service (SSNVS) at SSA.gov/
employer/ssnv.htm to verify that an employee
name matches an SSN. A person may have a
valid SSN but not be authorized to work in the
United States. You may use E-Verify at everify.gov to confirm the employment eligibility
of newly hired employees. Some states may require employers to also use E-Verify, please
check with the appropriate agency in your state.
Form W-4. You should give each new employee a Form W-4 as soon as you hire the employee. For Spanish-speaking employees, you
may use Formulario W-4(SP), which is the
Spanish translation of Form W-4. Have the employee complete and return Form W-4 to you
before the first payday. If the employee doesn't
return the completed form, you must withhold
federal income tax as if the employee had
checked the box for Single or Married filing separately in Step 1(c) and made no entries in Step
2, Step 3, or Step 4 of Form W-4.
New hire reporting. You’re required to report
any new employee to a designated state new
hire registry. A new employee is an employee
who hasn’t previously been employed by you or
was previously employed by you but has been
separated from such prior employment for at
least 60 consecutive days. Many states accept
a copy of Form W-4 with employer information
added. Visit the Office of Child Support
Chapter 13

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Enforcement website at acf.hhs.gov/css/
employers for more information.

Family Employees
Generally, the wages you pay to family members who are your employees are subject to
employment taxes. However, certain exemptions may apply to wages paid to your child,
spouse, or parent.
Exemptions for your child. Payments for the
services of your child under age 18 who works
for you in your trade or business (including a
farm) aren't subject to social security and Medicare taxes. However, see Nonexempt services
of a child or spouse, later. Payments for the
services of your child under age 21 employed
by you in other than a trade or business, such
as payments for household services in your
home, also aren't subject to social security or
Medicare taxes. Payments for the services of
your child under age 21 employed by you,
whether or not in your trade or business, aren't
subject to FUTA tax. Although not subject to social security, Medicare, or FUTA tax, the child's
wages may still be subject to federal income tax
withholding.
Exemptions for your spouse. Payments for
the services of your spouse who works for you
in your trade or business are subject to federal
income tax withholding and social security and
Medicare taxes, but not FUTA tax.
Payments for the services of your spouse
employed by you in other than a trade or business, such as payments for household services
in your home, aren't subject to social security,
Medicare, or FUTA taxes.
Nonexempt services of a child or spouse.
Payments for the services of your child or
spouse are subject to federal income tax withholding as well as social security, Medicare,
and FUTA taxes if he or she works for any of
the following entities.
• A corporation, even if it is controlled by
you.
• A partnership, even if you’re a partner. This
doesn't apply to wages paid to your child if
each partner is a parent of the child.
• An estate or trust, even if it is the estate of
a deceased parent.
In these situations, the child or spouse is considered to work for the corporation, partnership,
or estate, not you.
Exemptions for your parent. Payments for
the services of your parent employed by you in
your trade or business are subject to federal income tax withholding and social security and
Medicare taxes. Social security and Medicare
taxes don't apply to wages paid to your parent
for services not in your trade or business, but
they do apply to payments for household services in your home if both of the following conditions are satisfied.
• You have a child (including an adopted
child or stepchild) living in your home who
is under age 18 or has a physical or mental
condition that requires care by an adult for

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at least 4 continuous weeks in the calendar
quarter services were performed.
• You’re a widow or widower; or divorced
and not remarried; or have a spouse in the
home who, because of a physical or mental condition, can't care for your child for at
least 4 continuous weeks in the calendar
quarter services were performed.
Wages you pay to your parent aren't subject
to FUTA tax, regardless of the type of services
provided.
Qualified joint venture. If spouses elect to be
treated as a qualified joint venture instead of a
partnership, either spouse may report and pay
the employment taxes due on the wages paid to
employees using the EIN of that spouse's sole
proprietorship. For more information about
qualified joint ventures, see chapter 12.

Crew Leaders
If farmworkers are provided by a crew leader,
the crew leader may be the employer of the
workers.
Social security and Medicare taxes. For social security and Medicare tax purposes, the
crew leader is the employer of the workers if
both of the following requirements are met.
• The crew leader pays (either on his or her
own behalf or on behalf of the farmer) the
workers for their farm labor.
• The crew leader hasn't entered into a written agreement with the farmer under which
the crew leader is designated as an employee of the farmer.
If both requirements are met, the crew
leader isn't considered the employee of the
farmer for services performed by the crew
leader in furnishing farmworkers and as a member of the crew.
Federal income tax withholding. If the crew
leader is the employer for social security and
Medicare tax purposes, the crew leader is the
employer for federal income tax withholding
purposes.
Federal unemployment (FUTA) tax. For
FUTA tax purposes, the crew leader is the employer of the workers if, in addition to the earlier
requirements, either of the following requirements is met.
• The crew leader is registered under the Migrant and Seasonal Agricultural Worker
Protection Act.
• Substantially all crew members operate or
maintain mechanized equipment provided
by the crew leader as part of the service to
the farmer.
The farmer is the employer of workers furnished by a crew leader in all other situations. In
addition, the farmer is the employer of workers
furnished by a registered crew leader if the
workers are the employees of the farmer under
the common-law test. For example, some farmers employ individuals to recruit farmworkers
exclusively for them. Although these individuals
may be required to register under the Migrant
and Seasonal Agricultural Worker Protection
Act, the workers are employed directly by the

farmer. The farmer is the employer in these cases. For information about common-law employees, see section 1 of Pub. 15-A. For information about the Migrant and Seasonal
Agricultural Worker Protection Act, which protects migrant and seasonal agricultural workers
by establishing employment standards related
to wages, housing, transportation, and disclosures and recordkeeping, and which requires
farm labor contractors to register with the U.S.
Department of Labor (DOL), see the DOL website
at
dol.gov/whd/regs/compliance/
whdfs49.htm.

Social Security and
Medicare Taxes
All cash wages you pay to an employee during
the year for farmwork are subject to social security and Medicare taxes if you meet either of
the following tests.
• You pay the employee $150 or more in
cash wages (count all wages paid on a
time, piecework, or other basis) during the
year for farmwork (the $150 test). The
$150 test applies separately to each farmworker that you employ. If you employ a
family of workers, each member is treated
separately. Don't count wages paid by
other employers.
• You pay cash and noncash wages of
$2,500 or more during the year to all your
employees for farmwork (the $2,500 test).
If the $2,500 test for the group isn't met, the
$150 test for an employee still applies.
Exceptions. Annual cash wages of less than
$150 you pay to a seasonal farmworker aren't
subject to social security and Medicare taxes,
even if you pay $2,500 or more to all your farmworkers. However, these wages count toward
the $2,500 test for determining whether other
farmworkers' wages are subject to social security and Medicare taxes.
A seasonal farmworker is a worker who:
• Works as a hand-harvest laborer,
• Is paid piece rates in an operation usually
paid on this basis in the region of employment,
• Commutes daily from his or her permanent
home to the farm, and
• Worked in agriculture less than 13 weeks
in the preceding calendar year.
See Family Employees, earlier, for certain
exemptions from social security and Medicare
taxes that apply to your child, spouse, and parent.
Religious exemption. An exemption from
social security and Medicare taxes is available
to members of a recognized religious group or
division opposed to public insurance. This exemption is available only if both the employee
and the employer are members of the group or
division. These employees are still subject to
federal income tax. For more information, see
Pub. 517.
Cash wages. Only cash wages paid to farmworkers are subject to social security and Medicare taxes. Cash wages include checks, money
orders, and any kind of money or cash.

Only cash wages subject to social security
and Medicare taxes are credited to your employees for social security benefit purposes.
Payments not subject to these taxes, such as
certain commodity wages (discussed next),
don't contribute to your employees' social security coverage. For information about social
security benefits, go to SSA.gov or call the SSA
at 800-772-1213.
Noncash wages (including commodity wages). Noncash wages include food, lodging,
clothing, transportation passes, farm products,
or other goods or commodities. Noncash wages paid to farmworkers, including commodity
wages, aren't subject to social security and
Medicare taxes. However, they are subject to
these taxes if the substance of the transaction
is a cash payment. For information on lodging
provided as a condition of employment, see
Pub. 15-B.
Report the value of noncash wages in box 1
of Form W-2 together with cash wages. Don't
show noncash wages in box 3 or in box 5 (unless the substance of the transaction is a cash
payment).
Tax rates and social security wage limit.
For 2021, the employer and the employee will
pay the following taxes.
• The employer and employee each pay
6.2% of cash wages for social security tax
(old-age, survivors, and disability insurance). Qualified sick leave wages and
qualified family leave wages for leave
taken after March 31, 2021, is 6.2%
(0.062) each for the employer and employee or 12.4% (0.124) for both. Qualified
sick leave wages and qualified family leave
wages for leave taken before April 1, 2021,
aren't subject to the employer share of social security tax; therefore, the tax rate on
these wages is 6.2% (0.062).
• The employer and employee each pay
1.45% of cash wages for Medicare tax
(hospital insurance).
• The employee pays 0.9% of cash wages in
excess of $200,000 for Additional Medicare Tax.
Wage limit. The limit on wages subject to
the social security tax for 2021 is $142,800.
There is no limit on wages subject to the Medicare tax. All covered wages are subject to the
Medicare tax. Additionally, all wages in excess
of $200,000 are subject to Additional Medicare
Tax withholding.
Paying employee's share. If you would rather
pay the employee's share of social security and
Medicare taxes without deducting it from his or
her wages, you may do so. It is additional income to the employee. You must include it in
box 1 of the employee's Form W-2, but don't
count it as social security and Medicare wages
(boxes 3 and 5 of Form W-2) or as wages for
FUTA tax purposes.
Example. Gavrielle operates a small family
fruit farm. She employs day laborers in the picking season to enable her to timely get her crop
to market. She doesn't deduct the employees'
share of social security and Medicare taxes
from their pay; instead, she pays it on their

behalf. When she prepares her employees'
Forms W-2, she adds each employee's share of
social security and Medicare taxes that she
paid to the employee's wage income (box 1 of
Form W-2), but doesn't include it in box 3 (social security wages) or box 5 (Medicare wages
and tips).
For 2021, Gavrielle paid Dan $1,000 during
the year. She enters $1,076.50 in box 1 of
Dan’s Form W-2 ($1,000 wages plus $76.50 social security and Medicare taxes paid for Dan).
She enters $1,000.00 in boxes 3 and 5 of Dan's
Form W-2.
Additional Medicare Tax. In addition to withholding Medicare tax at 1.45%, you must withhold a 0.9% Additional Medicare Tax from wages you pay to an employee in excess of
$200,000 in a calendar year. You’re required to
begin withholding Additional Medicare Tax in
the pay period in which you pay wages in excess of $200,000 to an employee and continue
to withhold it each pay period until the end of
the calendar year. Additional Medicare Tax is
only imposed on the employee. There is no employer share of Additional Medicare Tax. All wages that are subject to Medicare tax are subject
to Additional Medicare Tax withholding if paid in
excess of the $200,000 threshold.
For more information on what wages are
subject to Medicare tax, see the chart, Special
Rules for Various Types of Services and Payments, in section 15 of Pub. 15. For more information on Additional Medicare Tax, go to
IRS.gov/ADMT.

Federal Income Tax
Withholding
If the cash wages you pay to farmworkers are
subject to social security and Medicare taxes,
they are also subject to federal income tax withholding. Although noncash wages are subject
to federal income tax, withhold income tax on
these noncash wages only if you and the employee agree to do so. The amount to withhold
is figured on gross wages without taking out social security and Medicare taxes, union dues,
etc.
Form W-4. Generally, the amount of federal income tax you withhold is based on the employee's filing status and other information reported
on the employee's Form W-4. Don't withhold
federal income tax from the wages of an employee who, by writing “Exempt” on Form W-4,
certifies that he or she had no federal income
tax liability last year and anticipates no liability
for the current year.
You should give each new employee a Form
W-4 as soon as you hire the employee. For
Spanish-speaking employees, you may use
Formulario W-4(SP) which is the Spanish translation of Form W-4. Have the employee complete and return Form W-4 to you before the
first payday. If the employee doesn't return the
completed form, you must withhold federal income tax as if the employee had checked the
box for Single or Married filing separately in
Step 1(c) and made no entries in Step 2, Step
3, or Step 4 of Form W-4.

You should make the 2022 Form W-4 available to your employees and encourage them to
check their income tax withholding for 2022.
Those employees who owed a large amount of
tax or received a large refund for 2021 may
want to submit a new Form W-4. You can't accept substitute Forms W-4 developed by employees. Advise your employees to use the IRS
Tax Withholding Estimator available at IRS.gov/
W4App to determine accurate withholding.
Form W-2. By January 31, you must furnish
each employee a Form W-2 showing total wages for the previous year and total federal income tax, social security tax, and Medicare tax
withheld. However, if an employee stops working for you and asks for the form earlier, you
must give it to the employee within 30 days of
the later of the following dates.
• The date the employee asks for the form.

• The date you make your final payment of
wages to the employee.

Compensation paid to H-2A visa holders.
Report compensation of $600 or more paid to
foreign agricultural workers who entered the
country on H-2A visas in box 1 of Form W-2.
Compensation paid to H-2A workers for agricultural labor performed in connection with this
visa isn't subject to social security and Medicare taxes, and therefore shouldn't be reported
as wages subject to social security tax (line 2),
Medicare tax (line 4), or Additional Medicare
Tax (line 6) on Form 943, and shouldn't be reported as social security wages (box 3) or Medicare wages (box 5) on Form W-2. On Form
W-2, don't check box 13 (Statutory employee),
as H-2A workers aren't statutory employees.
An employer isn’t required to withhold federal income tax from compensation paid to an
H-2A worker for agricultural labor performed in
connection with this visa unless the worker asks
for withholding and the employer agrees. In this
case, the worker must give the employer a completed Form W-4. Federal income tax withheld
should be reported on Form 943, line 8, and in
box 2 of Form W-.2.
These reporting rules apply when the H-2A
worker provides his or her taxpayer identification number (TIN) to the employer. However, if
an H-2A visa worker didn't provide the employer with a TIN, the employee is subject to
backup withholding. The employer must report
the wages and backup withholding on Form
1099-MISC. The employer must also report the
backup withholding on Form 945, line 2.
For more information, see the Instructions
for Forms 1099-MISC and 1099-NEC and the
Instructions for Form 945. For more information
on foreign agricultural workers on H-2A visas,
go to IRS.gov/H2A.
Required notice to employees about the
Earned Income Credit (EIC). You must provide notification about the EIC to each employee who worked for you at any time during
the year and from whom you didn't withhold any
federal income tax. However, you don't have to
notify employees who claim exemption from
federal income tax withholding on Form W-4.

Chapter 13

Employment Taxes

Page 83

You meet the notification requirement by giving
each employee any of the following.
• Form W-2, which contains the EIC notification on the back of Copy B.

• A substitute Form W-2 with the exact EIC
wording shown on the back of Copy B of
Form W-2.

• Notice 797, Possible Federal Tax Refund
Due to the Earned Income Credit (EIC).

• Your own written statement with the exact
wording of Notice 797. For more information, see Pub. 51 and Notice 1015, Have
You Told Your Employees About the
Earned Income Tax Credit (EIC).

How to figure withholding. You can use one
of several methods to determine the amount to
withhold. The methods are described in Pub.
15-T, which contains tables showing the correct
amount of federal income tax you should withhold. Section 5 of Pub. 51 also contains additional information about federal income tax withholding.
Nonemployee compensation. Generally, you
don't have to withhold federal income tax on
payments for services to individuals who aren't
your employees. However, you may be required
to report these payments on Form 1099-NEC
and to withhold under the backup withholding
rules. For example, persons who haven’t furnished their TIN to you are subject to withholding on payments required to be reported on
Form 1099-NEC. For more information, see the
Instructions for Forms 1099-MISC and
1099-NEC. For backup withholding on H-2A
visa holders, see Compensation paid to H-2A
visa holders, earlier.
Example. You contract Sean Black to complete custom corn chopping on your farm. Since
Sean Black is a contracted individual and not
an employee, you will issue him a Form
1099-NEC to report the compensation paid for
the custom corn chopping services.
Example. You rent a barn from Valerie
Brown for the operation of your business. Because you pay more than $600 annually for the
rental, you will need to issue a Form 1099-MISC
to Valerie Brown to report the rent you paid to
her.

Reporting and Paying
Social Security,
Medicare, and Withheld
Federal Income Taxes
You must withhold federal income, social security, and Medicare taxes required to be withheld
from the salaries and wages of your employees.
You’re liable for the payment of these taxes to
the federal government whether or not you collect them from your employees. If, for example,
you withhold less than the correct tax from an
employee's wages, you’re still liable for the full
amount. You must also pay the employer's
share of social security and Medicare taxes.
There is no employer share of Additional Medicare Tax.
Page 84

Chapter 13

Employment Taxes

Form 943. Report withheld federal income tax,
social security tax, and Medicare tax on Form
943. Your 2021 Form 943 is due by February 1,
2022 (or February 10, 2022, if you made deposits on time in full payment of the taxes due for
the year).
Deposits. Generally, you must deposit both
the employer and employee share of social security and Medicare taxes and federal income
tax withheld during the year. However, you may
make payments with Form 943 instead of depositing them if you accumulate less than a
$2,500 tax liability (“Total taxes after adjustments and nonrefundable credits” line on Form
943) during the year and you pay in full with a
timely filed return.
For more information on deposit rules, see
section 7 of Pub. 51.
Electronic deposit requirement. You
must use EFT to make all federal tax deposits.
See Federal tax deposits must be made by
electronic funds transfer (EFT), earlier.
Trust fund recovery penalty. If you’re responsible for withholding, accounting for, depositing, or paying federal income, social security, and Medicare taxes (that is, trust fund taxes)
and willfully fail to do so, you can be held liable
for a penalty equal to the withheld tax not paid.
The trust fund recovery penalty won't apply to
any amount of trust fund taxes an employer
holds back in anticipation of the credit for qualified sick and family leave wages or the employee retention credit that they are entitled to.
It also won't apply to applicable taxes properly
deferred under Notice 2020-65 and Notice
2021-11, before December 31, 2021.
A responsible person can be an officer of a
corporation, a partner, a sole proprietor, or an
employee of any form of business. A trustee or
agent with authority over the funds of the business can also be held responsible for the penalty. Willfully means voluntarily, consciously,
and intentionally. Paying other expenses of the
business instead of the taxes due is acting willfully.
Consequences of treating an employee as
an independent contractor. If you classify an
employee as an independent contractor and
you have no reasonable basis for doing so, you
may be held liable for employment taxes for that
worker. See Pub. 15-A for more information.

Federal Unemployment
(FUTA) Tax
You must pay FUTA tax if you meet either of the
following tests.
• You paid cash wages of $20,000 or more
to farmworkers in any calendar quarter
during the current or preceding calendar
year.
• You employed 10 or more farmworkers for
some part of at least 1 day (whether or not
all at the same time) during any 20 or more
different calendar weeks during the current
or preceding calendar year.

These rules don't apply to exempt services of
your spouse, your parents, or your children under age 21. See Family Employees, earlier.
Alien farmworkers. Wages paid to aliens admitted on a temporary basis to the United
States to perform farmwork (also known as
H-2A visa workers) are exempt from FUTA tax.
However, include your employment of these
workers and the wages you paid them to determine whether you meet either of the above
tests.
Commodity wages. Payments in kind for farm
labor aren't cash wages. Don't count them to
figure whether you’re subject to FUTA tax or to
figure how much tax you owe.
Tax rate and credit. The gross FUTA tax rate
is 6.0% of the first $7,000 cash wages you pay
to each employee during the year. However,
you’re given a credit of up to 5.4% of the first
$7,000 cash wages you pay to each employee
for the state unemployment tax you pay. If your
state tax rate (experience rate) is less than
5.4%, you may still be allowed the full 5.4%
credit.
If all of the taxable FUTA wages you paid
were excluded from state unemployment tax,
the full 6.0% rate applies. See the Instructions
for Form 940 for additional information.
More information. For more information on
FUTA tax, see section 10 of Pub. 51.

Reporting and Paying FUTA
Tax
The FUTA tax is imposed on you as the employer. It must not be collected or deducted
from the wages of your employees.
Form 940. Report FUTA tax on Form 940. The
2021 Form 940 is due by February 1, 2022 (or
February 10, 2022, if you timely deposited the
full amount of your 2021 FUTA tax).
Deposits. If at the end of any calendar quarter
you owe, but haven't yet deposited, more than
$500 in FUTA tax for the year, you must make a
deposit by the end of the following month. If the
undeposited tax is $500 or less at the end of a
quarter, you don't have to deposit it. You can
add it to the tax for the next quarter. If the total
undeposited tax is more than $500 at the end of
the next quarter, a deposit will be required. If
the total undeposited tax at the end of the 4th
quarter is $500 or less, you can either make a
deposit or pay it with your return by the February 1, 2022, due date.
Electronic deposit requirement. You
must use EFT to make all federal tax deposits.
See Federal tax deposits must be made by
electronic funds transfer (EFT), earlier.

Table 14-1. Fuel Excise Tax Credits and Refunds at a Glance
Use this table to see if you can take a credit or refund for a nontaxable use of the fuel listed.

14.
Fuel Excise Tax
Credits and
Refunds
Introduction
You may be eligible to claim a credit on your income tax return for the federal excise tax on
certain fuels. You may also be eligible to claim a
quarterly refund of the fuel taxes during the
year, instead of waiting to claim a credit on your
income tax return.
Whether you can claim a credit or refund depends on whether the fuel was taxed and the
purpose (nontaxable use) for which you used
the fuel. The nontaxable uses of fuel for which a
farmer may claim a credit or refund are generally the following.
• Use on a farm for farming purposes.
• Off-highway business use.
• Uses other than as a fuel in a propulsion
engine, such as home use.
Table 14-1 presents an overview of credits
and refunds that may be claimed for fuels used
for the nontaxable uses listed above. See Pub.
510, Excise Taxes, for more information.

Topics

This chapter discusses:

•
•
•
•
•
•

Fuels used in farming
Dyed diesel fuel and dyed kerosene
Fuels used in off-highway business use
Fuels used for household purposes
How to claim a credit or refund
Including the credit or refund in income

Useful Items

You may want to see:
Publication
510 Excise Taxes
510

Form (and Instructions)
720 Quarterly Federal Excise Tax Return
720

4136 Credit for Federal Tax Paid on Fuels

Fuel Used

On a Farm for Farming
Purposes

Off-Highway
Business Use

Household Use or
Use Other Than as
a Fuel1

Gasoline

Credit only

Credit or refund

None

Aviation gasoline

Credit only

None

None

Undyed diesel fuel
and undyed
kerosene

Credit or refund

Credit or refund

Credit or refund2

Kerosene for use in Credit or refund
aviation

None

None

Dyed diesel fuel
and dyed kerosene

None

None

None

Other Fuels
(including
alternative fuels)3

Credit or refund

Credit or refund

None

1

2

For a use other than as fuel in a propulsion engine.

Applies to undyed kerosene not sold from a blocked pump or, under certain circumstances, for blending
with undyed diesel fuel to be used for heating purposes. See Regulations section 48.6427-10(b)(1) for the
definition of a blocked pump.
2

3
Other Fuels means any liquid except gas oil, fuel oil, or any product taxable under section 4081. It
includes the alternative fuels: liquefied petroleum gas (LPG), “P” Series fuels, compressed natural gas
(CNG), liquefied hydrogen, Fischer-Tropsch process liquid fuel from coal (including peat), liquid fuel
derived from biomass, liquefied natural gas (LNG), liquefied gas derived from biomass, and compressed
gas derived from biomass.

fuel excise tax credits and refunds. Fuel is used
on a farm for farming purposes only if used in
carrying on a trade or business of farming, on a
farm in the United States, and for farming purposes.
Farm. A farm includes livestock, dairy, fish,
poultry, fruit, fur-bearing animals, truck farms,
orchards, plantations, ranches, nurseries,
ranges, and feed yards for finishing cattle. It
also includes structures such as greenhouses
used primarily for raising agricultural or horticultural commodities. A fish farm is an area where
fish are grown or raised and not merely caught
or harvested.
Dyed versus undyed diesel. Diesel is
undyed when sold for highway use vehicles and
excise tax is collected at the time of sale. The
diesel is dyed when the intended use is for nontaxable purposes, such as farming, and no excise tax is collected at the time of sale. When
undyed diesel is used in farming or any other
qualifying purpose, the taxpayer may recover
the excise tax paid by claiming a credit or filing
for a refund (see Table 14-1).

be eligible for a credit or refund for the excise
tax on fuel used on the farm for farming purposes.
Penalty. A penalty is imposed on any person
who knowingly uses, sells, or alters dyed diesel
fuel or dyed kerosene for any purpose other
than a nontaxable use. The penalty is the
greater of $1,000 or $10 per gallon of the dyed
diesel fuel or dyed kerosene involved. After the
first violation, the $1,000 portion of the penalty
increases depending on the number of violations. For more information on this penalty, see
Pub. 510.
Farming purposes. As the owner, tenant, or
operator and the ultimate purchaser of fuel that
you purchased, you use the fuel on a farm for
farming purposes if you use it in any of the following ways.
1. To cultivate the soil or to raise or harvest
any agricultural or horticultural commodity.
2. To raise, shear, feed, care for, train, or
manage livestock, bees, poultry, fur-bearing animals, or wildlife.

4136

8849 Claim for Refund of Excise Taxes
8849

See chapter 16 for information about getting
publications and forms.

Fuels Used in Farming
Owners, operators, and tenants of farms and
certain other persons may be eligible to claim a
credit or refund of excise taxes on fuel used in
the trade or business of farming, when used on
a farm in the United States for farming
purposes. See Table 14-1 for a list of available

Dyed diesel fuel and dyed kerosene. If
you purchase dyed diesel fuel or dyed kerosene
for a nontaxable use, you must use it only on a
farm for farming purposes or for other nontaxable purposes. For example, you should not use
dyed diesel fuel in a truck that is used both on
the farm for farming purposes and on the highway, even though the highway use is in connection with farm business. Excise tax applies to
the fuel used by the truck on the highways. In
this situation, undyed (taxed) fuel should be
purchased for the truck. You should keep fuel
records of the use of the truck on the farm for
farming purposes, and for other uses. You may
Chapter 14

3. To operate, manage, conserve, improve,
or maintain your farm and its tools and
equipment.
4. To handle, dry, pack, grade, or store any
raw agricultural or horticultural commodity.
For this use to qualify, you must have produced more than half the commodity so
treated during the tax year. The
more-than-one-half test applies separately
to each commodity. Commodity means a
single raw product. For example, apples
and peaches are two separate commodities.

Fuel Excise Tax Credits and Refunds

Page 85

5. To plant, cultivate, care for, or cut trees or
to prepare (other than sawing logs into
lumber, chipping, or other milling) trees for
market, but only if these activities are incidental to your farming operations. Your
tree operations are incidental only if they
are minor in nature when compared to the
total farming operations.
If any other person, such as a neighbor or
custom operator (independent contractor), performs a service for you on your farm for any of
the purposes included in list item (1) or (2)
above, you are considered to be the ultimate
purchaser who used the fuel on a farm for farming purposes. Therefore, you can still claim the
credit or refund for the fuel so used. However,
see Custom application of fertilizer and pesticide, later. If the other person performs any
other services for you on your farm for purposes
not included in list item (1) or (2) above, no one
can claim the credit or refund for fuel used on
your farm for those other services.
Buyer of fuel, including undyed diesel
fuel or undyed kerosene. If doubt exists
whether the owner, tenant, or operator of the
farm bought the fuel, determine who actually
bore the cost of the fuel. For example, if the
owner of a farm and his or her tenant equally
share the cost of gasoline used on the farm,
each can claim a credit for the tax on half the
fuel used.
Undyed diesel fuel, undyed kerosene,
and other fuels (including alternative fuel).
Usually, the farmer is the only person who can
make a claim for credit or refund for the tax on
undyed diesel fuel, undyed kerosene, or other
fuels (including alternative fuel) used for farming purposes. However, see Custom application of fertilizer and pesticide next. Also see
Dyed diesel fuel and dyed kerosene, earlier.
Example. Farm owner Haleigh Blue hired
custom operator Tyler Steele to cultivate the
soil on her farm. Tyler used 200 gallons of
undyed diesel fuel that he purchased to perform
the work on Haleigh's farm. In addition, Haleigh
hired contractor Lee Brown to pack and store
her apple crop. Lee bought 25 gallons of
undyed diesel fuel to use in packing the apples.
Haleigh can claim the credit for the 200 gallons
of undyed diesel fuel used by Tyler on her farm
because it qualifies as fuel used on the farm for
farming purposes. No one can claim a credit for
the 25 gallons used by Lee because that fuel
was not used for a farming purpose included in
list item (1) or (2) above.
In the above example, both Tyler Steele and
Lee Brown could have purchased dyed (untaxed) diesel fuel for their tasks.
Custom application of fertilizer and pesticide. Fuel used on a farm for farming purposes includes fuel used in the application (including aerial application) of fertilizer, pesticides, or
other substances. Generally, the applicator is
treated as having used the fuel on a farm for
farming purposes and therefore claims the
credit or refund. For applicators using highway
vehicles, only the fuel used on the farm is exempt. Fuel used traveling on the highway to and
from the farm is taxable. Fuel used by an aerial
applicator for the direct flight between the
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Chapter 14

Table 14-2. Claiming a Credit or Refund of Excise Taxes
This table gives the basic rules for claiming a credit or refund of excise taxes on fuels used for a
nontaxable use.
Credit

Refund

Which form to use

Form 4136, Credit for Federal
Tax Paid on Fuels

Form 8849, Claim for Refund of
Excise Taxes; and Schedule 1
(Form 8849), Nontaxable Use
of Fuels

Type of form

Annual

Quarterly

When to file

With your income tax return

By the last day of the quarter
following the last quarter
included in the claim

Amount of tax

Any amount

$750 or more1

1

You may carry over an amount less than $750 to the next quarter.

airfield and one or more farms is treated as
used for a farming purpose. For aviation gasoline, the aerial applicator makes the claim as
the ultimate purchaser. For kerosene used in
aviation, the ultimate purchaser may make the
claim or waive the right to make the claim to the
registered ultimate vendor. A sample waiver is
included as Model Waiver L in the appendix of
Pub. 510.
A registered ultimate vendor is the person
who sells undyed diesel fuel, undyed kerosene,
or kerosene for use in aviation to the user (ultimate purchaser) of the fuel for use on a farm for
farming purposes. To claim a credit or refund of
tax, the ultimate vendor must be registered with
the IRS at the time the claim is made. However,
registered ultimate vendors cannot make claims
for undyed diesel fuel and undyed kerosene
sold for use on a farm for farming purposes.
Fuel not used for farming. You do not use
fuel on a farm for farming purposes when you
use it in any of the following ways.
• Off the farm, such as on the highway or in
noncommercial aviation, even if the fuel is
used in transporting livestock, feed, crops,
or equipment.
• For personal use, such as lawn mowing.
• In processing, packaging, freezing, or canning operations.
• In processing crude gum into gum spirits of
turpentine or gum resin or in processing
maple sap into maple syrup or maple
sugar.
All-terrain vehicles (ATVs). Fuel used in
ATVs on a farm for farming purposes, discussed earlier, is eligible for a credit or refund of
excise taxes on the fuel. Fuel used in ATVs for
nonfarming purposes is not eligible for a credit
or refund of the taxes. If ATVs are used both for
farming and nonfarming purposes, only that
portion of the fuel used for farming purposes is
eligible for the credit or refund.

Fuels Used in
Off-Highway
Business Use
You may be eligible to claim a credit or refund
for the excise tax on fuel used in an off-highway
business use.

Fuel Excise Tax Credits and Refunds

Off-highway business use. This is any use of
fuel in a trade or business or in an income-producing activity. The use must not be in a highway vehicle registered or required to be registered for use on public highways. Off-highway
business use generally does not include any
use in a recreational motorboat.
Examples. Off-highway business use includes the use of fuels in a trade or business in
any of the following ways.
• In stationary machines such as generators,
compressors, power saws, and similar
equipment.
• For cleaning.
• In forklift trucks, bulldozers, and earthmovers.
Off-highway nonbusiness (taxable) use of
fuel includes use in minibikes, snowmobiles,
power lawn mowers, chain saws, and other
yard equipment. For more information, see Pub.
510.

Fuels Used for
Household Purposes or
Other Than as a Fuel for
Propulsion Engines
You may be eligible to claim a credit or refund
for the excise tax on undyed diesel fuel or kerosene used for home heating, lighting, and cooking. This also applies to diesel fuel and kerosene used in a home generator to produce
electricity for home use. Home use of a fuel
does not include use in a propulsion engine and
it is also not considered an off-highway business use.

How To Claim a
Credit or Refund
You may be able to claim a credit or refund of
the excise tax on fuels you use for nontaxable
uses. The basic rules for claiming credits and
refunds are listed in Table 14-2.

RECORDS

Keep at your principal place of business all records needed to enable the
IRS to verify that you are the person

entitled to claim a credit or refund and the
amount you claimed. You do not have to use
any special form, but the records should establish the following information.

• The total number of gallons bought and
•
•
•
•

used during the period covered by your
claim.
The dates of the purchases.
The names and addresses of suppliers
and amounts bought from each during the
period covered by your claim.
The nontaxable use for which you used the
fuel.
The number of gallons used for each nontaxable use.

It is important that your records separately show
the number of gallons used for each nontaxable
use that qualifies as a claim. For more information about recordkeeping, see Pub. 583, Starting a Business and Keeping Records.
Credit or refund. A credit is an amount that reduces the tax on your income tax return when
you file it at the end of the year. If you meet certain requirements, you may claim a refund during the year instead of waiting until you file your
income tax return.
Credit only. You can claim the following
taxes only as a credit on your income tax return.
• Tax on gasoline and aviation gasoline you
used on a farm for farming purposes.
• Tax on fuels (including undyed diesel fuel
or undyed kerosene) you used for nontaxable uses if the total for the tax year is less
than $750.
• Tax on fuel you did not include in any claim
for refund previously filed for any quarter of
the tax year.

Claiming a Credit
You make a claim for a fuel tax credit on Form
4136 and attach it to your income tax return. Do
not claim a credit for any excise tax for which
you have filed a refund claim.
How to claim a credit. How you claim a credit
depends on whether you are an individual, partnership, corporation, S corporation, trust, or
farmers' cooperative association.
Individuals. You claim the credit on the
“Credit for federal tax on fuels” line of your Form
1040 or 1040-SR. If you would not otherwise
have to file an income tax return, you must do
so to get a fuel tax credit.
Partnerships. Partnerships claim the credit
by including a statement on Schedule K-1
(Form 1065), Partner's Share of Income, Deductions, Credits, etc., showing each partner's
share of the number of gallons of each fuel sold
or used for a nontaxable use, the type of use,
and the applicable credit per gallon. Each partner claims the credit on his or her income tax
return for the partner's share of the fuel used by
the partnership.
Other entities. Corporations, S corporations, farmers' cooperative associations, and
trusts make the claim on the appropriate line of
their income tax return.

When to claim a credit. You can claim a fuel
tax credit on your income tax return for the year
you used the fuel.
You may be able to make a fuel tax

TIP claim on an amended income tax re-

turn for the year you used the fuel. A
claim for credit or refund of an overpayment
must generally be filed within the later of:

• 3 years from the date the original return
was filed, or

• 2 years from the date the tax was paid.

Claiming a Refund
If eligible, you can claim a refund of excise
taxes using Schedule 1 (Form 8849); if you file
Form 720, you can use its Schedule C to claim
a refund for the quarter; if you file Form 4136,
you can use it to claim a refund for your tax year
by attaching it to your tax return. Don't claim a
refund on either of these forms for any amount
that you have filed, or will file, a claim for on another of these forms.
You can use Schedule 1 (Form 8849) to file
a claim for a refund for any quarter of your tax
year for which you can claim $750 or more. This
amount is the excise tax on all fuels used for a
nontaxable use during that quarter or any prior
quarter (for which no other claim has been filed)
during the tax year.
If you cannot claim at least $750 at the end
of a quarter, you carry the amount over to the
next quarter of your tax year to determine if you
can claim at least $750 for that quarter. If you
cannot claim at least $750 at the end of the
fourth quarter of your tax year, you must claim a
credit on your income tax return using Form
4136. Only one claim can be filed for a quarter.
You cannot claim a refund for excise
tax on gasoline and aviation gasoline
CAUTION used on a farm for farming purposes.
You must claim a credit on your income tax return for the tax.

!

How to file a quarterly claim. File the claim
for refund by completing Schedule 1 (Form
8849) and attaching it to Form 8849. Send it to
the address shown in the instructions. If you file
Form 720, you can use its Schedule C for your
refund claims. See the Instructions for Form
720.
When to file a quarterly claim. You must file
a quarterly claim by the last day of the first quarter following the last quarter included in the
claim. If you do not file a timely refund claim for
the fourth quarter of your tax year, you will have
to claim a credit for that amount on your income
tax return, as discussed earlier.
In most situations, the amount claimed
as a credit or refund will be less than
CAUTION the amount of fuel tax paid, because
the Leaking Underground Storage Tank (LUST)
tax of $0.001 per gallon is generally not subject
to credit or refund.

!

Including the Credit or
Refund in Income
Include any credit or refund of excise taxes on
fuels in your gross income if you claimed the total cost of the fuel (including the excise taxes)
as an expense deduction that reduced your income tax liability.
Which year you include a credit or refund in
gross income depends on whether you use the
cash or an accrual method of accounting.
Cash method. If you use the cash method and
file a claim for refund, include the refund
amount in gross income for the tax year in
which you receive the refund. If you claim a
credit on your income tax return, include the
credit amount in gross income for the tax year in
which you file Form 4136. If you file an amended return and claim a credit, include the credit
amount in gross income for the tax year in
which you receive the credit.
Example. Marucia Brown, a farmer who
uses the cash method, filed her 2020 Form
1040 on March 3, 2021. On her Schedule F,
she deducted the total cost of gasoline (including $110 of excise taxes) used on the farm for
farming purposes. Then, on Form 4136, she
claimed the $110 as a credit. Marucia reports
the $110 as other income on line 8 of her 2021
Schedule F.
Accrual method. If you use an accrual
method, include the amount of credit or refund
in gross income for the tax year in which you
used the fuels. It does not matter whether you
filed for a quarterly refund or claimed the entire
amount as a credit.
Example. Amy Johnson, a farmer who
uses the accrual method, files her 2020 Form
1040 on April 15, 2021. On Schedule F, she deducts the total cost of gasoline (including $155
of excise taxes) she used on the farm for farming purposes during 2020. On Form 4136, Amy
claims the $155 as a credit. She reports the
$155 as other income on line 8 of her 2020
Schedule F.

15.
Estimated Tax
Introduction
Estimated tax is the method used to pay tax on
income that is not subject to withholding. See
Pub. 505 for the general rules and requirements
for paying estimated tax. If you are a qualified
farmer, defined below, you are subject to the
special rules covered in this chapter for paying
estimated tax.
Chapter 15

Estimated Tax

Page 87

Topics

• Gains on sales of business property.
• Taxable IRA distributions, pensions, annui-

This chapter discusses:

• Special estimated tax rules for qualified
farmers
• Estimated tax penalty

ties, and social security benefits.

• Gross rental income from Schedule E
(Form 1040).

• Gross royalty income from Schedule E
(Form 1040).

• Taxable net income from an estate or trust

Useful Items

reported on Schedule E (Form 1040).

You may want to see:

• Income from a Real Estate Mortgage In-

Publication
505 Tax Withholding and Estimated Tax
505

Form (and Instructions)
1040 U.S. Individual Income Tax Return

vestment Conduit reported on Schedule E
(Form 1040).
Gross farm rental income from Form 4835.
Gross farm income from Schedule F (Form
1040).
Your distributive share of gross income
from a partnership, or limited liability company treated as a partnership, from Schedule K-1 (Form 1065).
Your pro rata share of gross income from
an S corporation, from Schedule K-1
(Form 1120-S).
Unemployment compensation.
Other income not included with any of the
items listed above.

•
•
•

1040

1040-SR U.S. Tax Return for Seniors
1040-SR

1040-ES Estimated Tax for Individuals
1040-ES

2210-F Underpayment of Estimated Tax
by Farmers and Fishermen

•

2210-F

See chapter 16 for information about getting
publications and forms.

Special Estimated Tax
Rules for Qualified
Farmers
Special rules apply to the payment of estimated
tax by individuals who are qualified farmers. If
you are not a qualified farmer, as defined next,
see Pub. 505 for the estimated tax rules that apply.

Qualified Farmer
An individual is a qualified farmer for 2021 if at
least two-thirds of his or her gross income from
all sources for 2020 or 2021 was from farming.
See Gross Income next for information on how
to figure your gross income from all sources,
and see Gross Income From Farming, later, for
information on how to figure your gross income
from farming. See also Percentage From Farming, later, for information on how to determine
the percentage of your gross income from farming.

Gross Income
Gross income is all income you receive in the
form of money, goods, property, and services
that is not exempt from income tax. On a joint
return, you must add your spouse's gross income to your gross income. To decide whether
two-thirds of your gross income was from farming, use as your gross income the total of the
following income (not loss) amounts from your
tax return.
• Wages, salaries, tips, etc.
• Taxable interest.
• Ordinary dividends.
• Taxable refunds, credits, or offsets of state
and local income taxes.
• Gross business income from Schedule C
(Form 1040).
• Capital gains from Schedule D (Form
1040). Losses are not netted against
gains.
Page 88

Chapter 15

Estimated Tax

•
•

The calculation of farm income for soil

TIP and water conservation expenses differ

from the calculations for income averaging and estimated tax payments. See Income
Averaging for Farmers and Estimated Tax,
later.

Gross Income From Farming
Gross income from farming is income from cultivating the soil or raising agricultural commodities. It includes the following amounts.
• Income from operating a stock, dairy, poultry, bee, fruit, or truck farm.
• Income from a plantation, ranch, nursery,
range, orchard, or oyster bed.
• Crop shares for the use of your land.
• Gains from sales of draft, breeding, dairy,
or sporting livestock.
Gross income from farming is the total of the
following amounts from your tax return.
• Gross farm income from Schedule F (Form
1040).
• Gross farm rental income from Form 4835.
• Gross farm income from Schedule E (Form
1040), Parts II and III.
• Gains from the sale of livestock used for
draft, breeding, sport, or dairy purposes reported on Form 4797.
For more information about income from
farming, see chapter 3.

!

Farm income does not include:

CAUTION

• Wages you receive as a farm employee,
• Income you receive from contract grain

harvesting and hauling with workers and
machines you furnish, and
• Gains you receive from the sale of farm
land and depreciable farm equipment.

Percentage From Farming
Figure your gross income from all sources, discussed earlier. Then, figure your gross income
from farming, discussed earlier. Divide your
farm gross income by your total gross income to
determine the percentage of gross income from
farming.
Example 1. Jane Smith had the following
total gross income and farm gross income
amounts in 2021.

Gross Income
Total
Taxable interest . . . . . . . .
Dividends . . . . . . . . . . . . .
Rental income (Sch E) . . . .
Farm income (Sch F) . . . . .
Gain (Form 4797) . . . . . . .
Total .

. . . . . . . . . . .

Farm

$3,000
500
41,500
75,000
5,000

$75,000
5,000

$125,000

$80,000

Schedule D showed gain from the sale of
dairy cows carried over from Form 4797
($5,000) in addition to a loss from the sale of
corporate stock ($2,000). However, that loss is
not netted against the gain to figure Ms. Smith's
total gross income or her gross farm income.
Her gross farm income is 64% of her total gross
income ($80,000 ÷ $125,000 = 0.64). Since Ms.
Smith's gross farm income is less than
two-thirds of her total gross income, she is not a
qualified farmer and the general estimated tax
rules apply.

Special Rules for Qualified
Farmers
The following special estimated tax rules apply
if you are a qualified farmer for 2021.
• You do not have to pay estimated tax if you
file your 2021 tax return and pay all the tax
due by March 1, 2022.
• You do not have to pay estimated tax if
your 2021 income tax withholding (including any amount applied to your 2021 estimated tax from your 2020 return) will be at
least 662/3% (0.6667) of the total tax
shown on your 2021 tax return or 100% of
the total tax shown on your 2020 return.
• If you must pay estimated tax, you are required to make only one estimated tax payment (your required annual payment) by
January 15, 2022, using special rules to
figure the amount of the payment. See Required Annual Payment next for details.
Figure 15-1 presents an overview of the
special estimated tax rules that apply to qualified farmers.
Example 2. Assume the same facts as in
Example 1. Ms. Smith's gross farm income is
64% of her total income. Therefore, based on
her 2021 income, she does not qualify to use
the special estimated tax rules for qualified
farmers. However, she does qualify if at least
two-thirds of her 2020 gross income was from
farming.
Example 3. Assume the same facts as in
Example 1, except that Ms. Smith's farm income from Schedule F was $90,000 instead of

Figure 15-1. Estimated Tax for Farmers

16.

Start Here:
No

Will you owe $1,000 or
more after subtracting
income tax withholding
and refundable credits
from your total tax? (Do
not subtract any
estimated tax payments.)

How To Get Tax
Help

Yes
Yes

Will your 2021
income tax
withholding and
credits be at
least 662⁄3 % of
the tax shown
on your 2021
return?

Was at least 66 ⁄ %
of all your gross
income in 2020 or
2021 from farming?
23

No

Will your 2021
income tax
withholding and
credits be at
least 100% of
the tax shown
on your 2020
return?

Yes

No

No

If you have questions about a tax issue, need
help preparing your tax return, or want to download free publications, forms, or instructions, go
to IRS.gov and find resources that can help you
right away.

Follow the general
estimated tax rules.

Will you file your
income tax
No
return and pay
the tax in full by
March 1, 2022?

Yes

You must pay
your estimated
tax (your
required annual
payment) by
January 15,
2022.

Yes

You do not have to
pay estimated tax.
Note. See Special Rules for Qualified Farmers, later, for a detailed description of the special
estimated tax rules that apply to qualified farmers.

$75,000. This made her total gross income
$140,000 ($3,000 + $500 + $41,500 + $90,000
+ $5,000) and her farm gross income $95,000
($90,000 + $5,000). She qualifies to use the
special estimated tax rules for qualified farmers,
because 67.9% (at least two-thirds) of her gross
income is from farming ($95,000 ÷ $140,000 =
0.679).
If your farm income falls below
two-thirds for the previous year and
CAUTION current year, you may no longer meet
the Qualified Farmer Designation.

!

Required Annual Payment
If you are a qualified farmer and must pay estimated tax for 2021, use the worksheet on Form
1040-ES to figure the amount of your required
annual payment. Apply the following special
rules for qualified farmers to the worksheet.
• On line 12a, multiply line 11c by 662/3%
(0.6667).
• On line 12b, enter 100% of the tax shown
on your 2020 tax return regardless of the
amount of your adjusted gross income. For
this purpose, the “tax shown on your 2020
tax return” is the amount on line 16 of your
2020 return modified by certain adjustments. For more information, see chapter 2 of Pub. 505.

Estimated Tax Penalty
for 2021
If you do not pay all your required estimated tax
for 2021 by January 15, 2022, or file your 2021
return and pay any tax due by March 1, 2022,
you may owe a penalty. Use Form 2210-F to
determine if you owe a penalty. See the Instructions for Form 2210-F. Also, see the Instructions for Form 2210-F for information on how to
request a waiver of the penalty.
If you receive a penalty notice, do not
ignore it, even if you think it is in error.
CAUTION You may get a penalty notice even
though you filed your return on time, attached
Form 2210-F, and met the gross income from
farming requirement. If you receive a penalty
notice for underpaying estimated tax and you
think it is in error, write to the address on the notice and explain why you think the notice is in
error. Include a computation similar to the one
in Example 1 (earlier), showing that you met the
gross income from farming requirement.

!

Preparing and filing your tax return. After
receiving all your wage and earnings statements (Form W-2, W-2G, 1099-R, 1099-MISC,
1099-NEC, etc.); unemployment compensation
statements (by mail or in a digital format) or
other government payment statements (Form
1099-G); and interest, dividend, and retirement
statements from banks and investment firms
(Forms 1099), you have several options to
choose from to prepare and file your tax return.
You can prepare the tax return yourself, see if
you qualify for free tax preparation, or hire a tax
professional to prepare your return.
Free options for tax preparation. Go to
IRS.gov to see your options for preparing and
filing your return online or in your local community, if you qualify, which include the following.
• Free File. This program lets you prepare
and file your federal individual income tax
return for free using brand-name tax-preparation-and-filing software or Free File fillable forms. However, state tax preparation
may not be available through Free File. Go
to IRS.gov/FreeFile to see if you qualify for
free online federal tax preparation, e-filing,
and direct deposit or payment options.
• VITA. The Volunteer Income Tax Assistance (VITA) program offers free tax help
to people with low-to-moderate incomes,
persons with disabilities, and limited-English-speaking taxpayers who need help
preparing their own tax returns. Go to
IRS.gov/VITA, download the free IRS2Go
app, or call 800-906-9887 for information
on free tax return preparation.
• TCE. The Tax Counseling for the Elderly
(TCE) program offers free tax help for all
taxpayers, particularly those who are 60
years of age and older. TCE volunteers
specialize in answering questions about
pensions and retirement-related issues
unique to seniors. Go to IRS.gov/TCE,
download the free IRS2Go app, or call
888-227-7669 for information on free tax
return preparation.
• MilTax. Members of the U.S. Armed
Forces and qualified veterans may use MilTax, a free tax service offered by the Department of Defense through Military OneSource.
Also, the IRS offers Free Fillable
Forms, which can be completed online and
then filed electronically regardless of income.

Chapter 16

How To Get Tax Help

Page 89

Using online tools to help prepare your return. Go to IRS.gov/Tools for the following.
• The Earned Income Tax Credit Assistant
(IRS.gov/EITCAssistant) determines if
you’re eligible for the earned income credit
(EIC).
• The Online EIN Application (IRS.gov/EIN)
helps you get an employer identification
number (EIN).
• The Tax Withholding Estimator (IRS.gov/
W4app) makes it easier for everyone to
pay the correct amount of tax during the
year. The tool is a convenient, online way
to check and tailor your withholding. It’s
more user-friendly for taxpayers, including
retirees and self-employed individuals. The
features include the following.
– Easy to understand language.
– The ability to switch between screens,
correct previous entries, and skip
screens that don’t apply.
– Tips and links to help you determine if
you qualify for tax credits and deductions.
– A progress tracker.
– A self-employment tax feature.
– Automatic calculation of taxable social
security benefits.

• The First Time Homebuyer Credit Account
Look-up (IRS.gov/HomeBuyer) tool provides information on your repayments and
account balance.
• The Sales Tax Deduction Calculator
(IRS.gov/SalesTax) figures the amount you
can claim if you itemize deductions on
Schedule A (Form 1040).
Getting answers to your tax questions. On IRS.gov, you can get
up-to-date information on current
events and changes in tax law.

• IRS.gov/Help: A variety of tools to help you

get answers to some of the most common
tax questions.
• IRS.gov/ITA: The Interactive Tax Assistant,
a tool that will ask you questions on a number of tax law topics and provide answers.
• IRS.gov/Forms: Find forms, instructions,
and publications. You will find details on
2021 tax changes and hundreds of interactive links to help you find answers to your
questions.
• You may also be able to access tax law information in your electronic filing software.
Need someone to prepare your tax return?
There are various types of tax return preparers,
including tax preparers, enrolled agents, certified public accountants (CPAs), attorneys, and
many others who don’t have professional credentials. If you choose to have someone prepare your tax return, choose that preparer
wisely. A paid tax preparer is:
• Primarily responsible for the overall substantive accuracy of your return,
• Required to sign the return, and
• Required to include their preparer tax identification number (PTIN).
Although the tax preparer always signs the return, you're ultimately responsible for providing
all the information required for the preparer to
accurately prepare your return. Anyone paid to
Page 90

Chapter 16

How To Get Tax Help

prepare tax returns for others should have a
thorough understanding of tax matters. For
more information on how to choose a tax preparer, go to Tips for Choosing a Tax Preparer
on IRS.gov.
Coronavirus. Go to IRS.gov/Coronavirus for
links to information on the impact of the coronavirus, as well as tax relief available for individuals and families, small and large businesses,
and tax-exempt organizations.
Tax reform. Tax reform legislation affects individuals, businesses, and tax-exempt and government entities. Go to IRS.gov/TaxReform for
information and updates on how this legislation
affects your taxes.
Employers can register to use Business
Services Online. The Social Security Administration (SSA) offers online service at SSA.gov/
employer for fast, free, and secure online W-2
filing options to CPAs, accountants, enrolled
agents, and individuals who process Form W-2,
Wage and Tax Statement, and Form W-2c,
Corrected Wage and Tax Statement.
IRS social media. Go to IRS.gov/SocialMedia
to see the various social media tools the IRS
uses to share the latest information on tax
changes, scam alerts, initiatives, products, and
services. At the IRS, privacy and security are
paramount. We use these tools to share public
information with you. Don’t post your SSN or
other confidential information on social media
sites. Always protect your identity when using
any social networking site.
The following IRS YouTube channels provide short, informative videos on various tax-related topics in English, Spanish, and ASL.
• Youtube.com/irsvideos.
• Youtube.com/irsvideosmultilingua.
• Youtube.com/irsvideosASL.
Watching IRS videos. The IRS Video portal
(IRSVideos.gov) contains video and audio presentations for individuals, small businesses,
and tax professionals.
Online tax information in other languages.
You can find information on IRS.gov/
MyLanguage if English isn’t your native language.
Free interpreter service. Multilingual assistance, provided by the IRS, is available at Taxpayer Assistance Centers (TACs) and other
IRS offices. Over-the-phone interpreter service
is accessible in more than 350 languages.
Getting tax forms and publications. Go to
IRS.gov/Forms to view, download, or print all of
the forms, instructions, and publications you
may need. You can also download and view
popular tax publications and instructions (including the Instructions for Forms 1040 and
1040-SR) on mobile devices as an eBook at
IRS.gov/eBooks. Or you can go to IRS.gov/
OrderForms to place an order.
Access your online account (individual taxpayers only). Go to IRS.gov/Account to se-

curely access information about your federal tax
account.
• View the amount you owe, pay online, or
set up an online payment agreement.
• Access your tax records online.
• Review your payment history.
• Go to IRS.gov/SecureAccess to review the
required identity authentication process.
Using direct deposit. The fastest way to receive a tax refund is to file electronically and
choose direct deposit, which securely and electronically transfers your refund directly into your
financial account. Direct deposit also avoids the
possibility that your check could be lost, stolen,
or returned undeliverable to the IRS. Eight in 10
taxpayers use direct deposit to receive their refunds. The IRS issues more than 90% of refunds in less than 21 days.
Getting a transcript of your return. The
quickest way to get a copy of your tax transcript
is to go to IRS.gov/Transcripts. Click on either
“Get Transcript Online” or “Get Transcript by
Mail” to order a free copy of your transcript. If
you prefer, you can order your transcript by calling 800-908-9946.
Reporting and resolving your tax-related
identity theft issues.
• Tax-related identity theft happens when
someone steals your personal information
to commit tax fraud. Your taxes can be affected if your SSN is used to file a fraudulent return or to claim a refund or credit.

• The IRS doesn’t initiate contact with tax-

payers by email, text messages, telephone
calls, or social media channels to request
personal or financial information. This includes requests for personal identification
numbers (PINs), passwords, or similar information for credit cards, banks, or other
financial accounts.
• Go to IRS.gov/IdentityTheft, the IRS Identity Theft Central webpage, for information
on identity theft and data security protection for taxpayers, tax professionals, and
businesses. If your SSN has been lost or
stolen or you suspect you’re a victim of
tax-related identity theft, you can learn
what steps you should take.
• Get an Identity Protection PIN (IP PIN). IP
PINs are six-digit numbers assigned to eligible taxpayers to help prevent the misuse
of their SSNs on fraudulent federal income
tax returns. When you have an IP PIN, it
prevents someone else from filing a tax return with your SSN. To learn more, go to
IRS.gov/IPPIN.
Checking on the status of your refund.
• Go to IRS.gov/Refunds.
• The IRS can’t issue refunds before
mid-February 2022 for returns that claimed
the EIC or the additional child tax credit
(ACTC). This applies to the entire refund,
not just the portion associated with these
credits.
• Download the official IRS2Go app to your
mobile device to check your refund status.
• Call the automated refund hotline at
800-829-1954.

Making a tax payment. The IRS uses the latest encryption technology to ensure your electronic payments are safe and secure. You can
make electronic payments online, by phone,
and from a mobile device using the IRS2Go
app. Paying electronically is quick, easy, and
faster than mailing in a check or money order.
Go to IRS.gov/Payments for information on how
to make a payment using any of the following
options.
• IRS Direct Pay: Pay your individual tax bill
or estimated tax payment directly from
your checking or savings account at no
cost to you.
• Debit or Credit Card: Choose an approved
payment processor to pay online, by
phone, or by mobile device.
• Electronic Funds Withdrawal: Offered only
when filing your federal taxes using tax return preparation software or through a tax
professional.
• Electronic Federal Tax Payment System:
Best option for businesses. Enrollment is
required.
• Check or Money Order: Mail your payment
to the address listed on the notice or instructions.
• Cash: You may be able to pay your taxes
with cash at a participating retail store.
• Same-Day Wire: You may be able to do
same-day wire from your financial institution. Contact your financial institution for
availability, cost, and cut-off times.
What if I can’t pay now? Go to IRS.gov/
Payments for more information about your options.
• Apply for an online payment agreement
(IRS.gov/OPA) to meet your tax obligation
in monthly installments if you can’t pay
your taxes in full today. Once you complete
the online process, you will receive immediate notification of whether your agreement has been approved.
• Use the Offer in Compromise Pre-Qualifier
to see if you can settle your tax debt for
less than the full amount you owe. For
more information on the Offer in Compromise program, go to IRS.gov/OIC.
Filing an amended return. You can now file
Form 1040-X electronically with tax filing software to amend 2020 Forms 1040 and 1040-SR.
To do so, you must have e-filed your original
2020 return. Amended returns for all prior years
must be mailed. See Tips for taxpayers who
need to file an amended tax return and go to
IRS.gov/Form1040X for information and updates.

Checking the status of your amended return. Go to IRS.gov/WMAR to track the status
of Form 1040-X amended returns. Please note
that it can take up to 3 weeks from the date you
filed your amended return for it to show up in
our system, and processing it can take up to 16
weeks.
Understanding an IRS notice or letter
you’ve received. Go to IRS.gov/Notices to
find additional information about responding to
an IRS notice or letter.
Contacting your local IRS office. Keep in
mind, many questions can be answered on
IRS.gov without visiting an IRS Taxpayer Assistance Center (TAC). Go to IRS.gov/LetUsHelp
for the topics people ask about most. If you still
need help, IRS TACs provide tax help when a
tax issue can’t be handled online or by phone.
All TACs now provide service by appointment,
so you’ll know in advance that you can get the
service you need without long wait times. Before you visit, go to IRS.gov/TACLocator to find
the nearest TAC and to check hours, available
services, and appointment options. Or, on the
IRS2Go app, under the Stay Connected tab,
choose the Contact Us option and click on “Local Offices.”

The Taxpayer Advocate
Service (TAS) Is Here To
Help You
What Is TAS?
TAS is an independent organization within the
IRS that helps taxpayers and protects taxpayer
rights. Their job is to ensure that every taxpayer
is treated fairly and that you know and understand your rights under the Taxpayer Bill of
Rights.

How Can You Learn About Your
Taxpayer Rights?
The Taxpayer Bill of Rights describes 10 basic
rights that all taxpayers have when dealing with
the IRS. Go to TaxpayerAdvocate.IRS.gov to
help you understand what these rights mean to
you and how they apply. These are your rights.
Know them. Use them.

free. If you qualify for their assistance, you will
be assigned to one advocate who will work with
you throughout the process and will do everything possible to resolve your issue. TAS can
help you if:
• Your problem is causing financial difficulty
for you, your family, or your business;
• You face (or your business is facing) an
immediate threat of adverse action; or
• You’ve tried repeatedly to contact the IRS
but no one has responded, or the IRS
hasn’t responded by the date promised.

How Can You Reach TAS?
TAS has offices in every state, the District of
Columbia, and Puerto Rico. Your local advocate’s number is in your local directory and at
TaxpayerAdvocate.IRS.gov/Contact-Us.
You
can also call them at 877-777-4778.

How Else Does TAS Help
Taxpayers?
TAS works to resolve large-scale problems that
affect many taxpayers. If you know of one of
these broad issues, please report it to them at
IRS.gov/SAMS.

TAS for Tax Professionals
TAS can provide a variety of information for tax
professionals, including tax law updates and
guidance, TAS programs, and ways to let TAS
know about systemic problems you’ve seen in
your practice.

Low Income Taxpayer
Clinics (LITCs)
LITCs are independent from the IRS. LITCs
represent individuals whose income is below a
certain level and need to resolve tax problems
with the IRS, such as audits, appeals, and tax
collection disputes. In addition, clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language.
Services are offered for free or a small fee for
eligible taxpayers. To find a clinic near you, visit
www.TaxpayerAdvocate.IRS.gov/about-us/
Low-Income-Taxpayer-Clinics-LITC/ or see IRS
Pub. 4134, Low Income Taxpayer Clinic List.

What Can TAS Do For You?
TAS can help you resolve problems that you
can’t resolve with the IRS. And their service is

Chapter 16

How To Get Tax Help

Page 91

Index

To help us develop a more useful index, please let us know if you have ideas for index entries.
See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.

A

Abandonment 56
Accounting method:
Accrual 6
Cash 6
Change in 8
Crop 8
Farm inventory 7
Accounting periods 5
Accrual method of accounting 6
Additional Medicare Tax
withholding 83
Adjusted basis of assets 32
Agricultural activity codes,
Schedule F 3
Agricultural program
payments 10
Agricultural structure,
defined 39
Alternative Depreciation System
(ADS) 43, 45
Amortization:
Going into business 48
Reforestation expenses 48
Section 197 intangibles 48
Assessments:
By conservation district 29
Depreciable property 29
Assistance (See Tax help)
Automobiles, depreciation 40

B

Bankruptcy 15
Barter income 17
Basis:
Involuntary conversion 34
Like-kind exchange 34
Partner's basis 36
Replacement property 71
Shareholder's basis 36
Basis of assets:
Adjusted basis 32
Allocating to several assets 31
Changed to business use 33
Constructing assets 31
Cost 31
Decreases 33
Depreciation 44
Exchanges:
Like-kind 34
Nontaxable 34
Partially nontaxable 34
Taxable 34
Gifts 35
Increases 32
Real property 31
Received for services 33
Uniform capitalization rules 32
Below-market loans 17
Books and records 3
Breeding fees 21
Business income limit, section
179 expense deduction 40
Business use of home 23

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C

Canceled debt 15
Capital assets 51
Capital expenses 25
Car expenses 23
Cash method of accounting 6
Casualties and thefts:
Adjustments to basis 69
Casualty, defined 66
Disaster area losses 72
Leased property 69
Livestock 67
Reimbursement 68
Reporting gains and losses 74
Theft, defined 66
Certified professional employer
organization (CPEO) 80
Change in accounting method 8
Chickens, purchased 24
Christmas trees 26, 53
Club dues 26
Comments on publication 2
Commodity:
Wages 83
Commodity Credit Corporation
(CCC):
Loans 11
Market gain 11
Community property 76
Computer, software 37
Condemnation 65, 70
Conservation:
Cost-sharing exclusion 28
District assessments 29
Expenses 28
Plans 28
Conservation Reserve
Program 77
Conservation Reserve Program
(CRP) 11
Constructing assets 31
Constructive receipt of income 6
Contamination 71
Converted wetland 53
Cooperatives, income from 13
Cost-sharing exclusion 12
Credits:
Employment 21
Fuel tax 17, 86, 87
Social security and Medicare 74
Social security coverage 74
State unemployment tax 84
Crew leaders 82
Crop:
Destroyed 71
Insurance proceeds 12
Method of accounting 8
Shares 10
Unharvested 26, 57, 76
Cropland, highly erodible 53

D

Damage:
Casualties and thefts 66
Crop insurance 12
Tree seedlings 70

Debt:
Bad 51
Canceled 15, 33, 56
Nonrecourse 55
Qualified farm 16
Recourse 56
Depletion 46
Depreciation 42
ADS election 45
Conservation assets 29
Deduction 36
Incorrect amount deducted 38
Limit for automobiles 40
Listed property 46
Raised livestock 37
Recapture 46, 58, 59
When to file 38
Depreciation allowable 38
Depreciation allowed 38
Disaster area losses 72
Disaster payments 12
Disaster relief grants 73
Disaster relief payments 73
Disposition of installment
obligation 62
Dispositions 30, 56
Drainage tile 29
Dyed diesel fuel 85
Dyed kerosene 85

Nontaxable 49
Excise taxes:
Credit 87
Diesel fuel 85
Farming purposes 85
Home use of fuels 86
Off-highway uses 86
Refund 87

F

Fair market value (FMV) 64
Fair market value defined 31
Family member:
Business expenses 7
Like-kind exchange 50
Loss on sale or exchange of
property 26
Personal-use property 67
Social security coverage 82
Farm:
Business, defined 28
Business expenses 19
Defined 28, 85
Income averaging 18
Rental 28
Sale of 54
Farmer 76
Federal unemployment tax
(FUTA) 84
Fertilizer 13, 21
Figuring installment sale income:
E
Easement 17, 33
Adjusted basis 61
Election:
Adjusted basis and installment
ADS depreciation 43, 45
sale income (gain on
Amortization:
sale) 61
Business start-up costs 48
Adjusted basis for installment
Reforestation costs 48
sale purposes 61
Crop method 24
Amount to report as installment
Cutting of timber 54
sale income 61
Deducting conservation
Cancellation 61
expenses 30
Contract price 61
Not excluding cost-sharing
Depreciation recapture 61
payments 13
Disposition of installment
Out of installment method 60
obligation 61
Postponing casualty gain 70
Figuring adjusted basis and
Postponing reporting crop
gross profit percentage for
insurance proceeds 12
installment sale purposes 61
Section 179 expense
Form 6252 61
deduction 41
Gross profit 61
Embryo transplants 32
Gross profit percentage 61
Employer identification
Interest income 61
number 3
Sale of depreciable property 61
Employer identification number
Selling expenses 61
(EIN) 81
Selling price 61
Endangered species recovery
Selling price reduced 61
expenses 29
Transfer due to death 61
Environmental contamination 71 Foreclosure 55
Estimated tax:
Forestation costs 25
Farm gross income 88
Form:
Gross income 88
1099-A 11, 56
Penalties 89
1099-C 15, 56
Exchanges:
1099-G 11, 13
Basis:
1099-MISC 3
Like-kind 34
1099-NEC 84
Nontaxable 34
1099-PATR 14
Partially nontaxable 34
1128 5
Taxable 34
2210-F 89
Like-kind 49
3115 8
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4136 87
4562 38
4797 9, 13, 49
4835 10
5213 27
8822 3
8824 49
8849 87
8886 3
940 84
943 84
982 17
I-9 81
SS-4 3, 81
SS-5 75
T (Timber) 47
W-4 3, 81, 83
W-4V 11, 12
W-7 75
Fuel tax credit or refund 17, 86

G

Gains:
Section 1231 gains 65
Gains and losses:
Basis of assets 31
Capital assets, defined 51
Casualty 67, 70
Installment sales 60
Livestock 52
Long- or short-term 51
Ordinary or capital 51
Sale of farm 54
Section 1231 56
Theft 67, 70
Timber 53
General asset accounts 46
Gifts 10, 26, 35, 51
Going into business 48
Grants, disaster relief 73

Installment method:
Electing out of the installment
method 60
Inventory (See More information)
Revoking the election (See More
information)
Sale at a loss 60
When to elect out 60
Installment sales:
Electing out 60
Example 64
Farm, sale of 60
Installment obligation 60
Related parties 60
Unstated interest 64
Insurance 22
Intangible property 48
Interest:
Expense 21
Inventory:
Items included 7
Methods of valuation 7
Involuntary conversions 45, 66
Irrigation:
Illegal subsidy 17
Project 70

L

Labor hired 20
Landlord participation 77
Lease or purchase 22
Life tenant (See Term interests)
Like-kind exchanges 34, 49
Lime 21
Limited liability company
(LLC) 3
Limits:
At-risk 26
Business use of home 23
Capital losses 51
Conservation expenses 29, 30
Depreciation:
Business-use 46
H
Excluded farm debt 16
Health insurance deduction 22
Farm losses 26
Highway use tax 22
Loss of personal-use
Holding period 51
property 69
Home 65
Not-for-profit farming 27
Horticultural structure 39
Passive activity 27
Percentage depletion 47
Prepaid farm supplies 19
I
Reforestation costs 48
Illegal irrigation subsidy 17
Section 179 expense deduction:
Important dates 80
Automobile 40
Improvements 12
Business income 40
Income:
Dollar 40
Accounting for 5
Time to keep records 5
Accrual method of accounting 6
Listed property:
Canceled debt excluded 15
Defined 46
From farming 8, 30, 88
Passenger automobile 46
Gross 88
Rules 46
Not-for-profit farming 27
Livestock 57
Pasture 10
Casualty and theft losses 67
Schedule F 8
Crop shares 10
Withholding of tax 83
Depreciation 37
Income averaging (See Farm:
Diseased 70
Income averaging)
Feed assistance 12
Incorrect amount of depreciation
Immature 38
deducted 38
Losses 26, 52
Individual taxpayer identification
Purchased 53
number (ITIN) 75
Raised 53
Inherited property 35
Sale of 9, 52
Insolvency 15
Publication 225 (2021)

Unit-livestock-price, inventory
valuation 7
Used in a farm business 53
Weather-related sales 9, 70
Loans 11, 25
Losses:
At-risk limits 26
Casualty 65
Disaster areas 72
Farming 67
Growing crops 26
Hobby farming 27
Livestock 52, 70
Nondeductible 26
Theft 65
Lost income payments 76
Lost property 67

M

MACRS property:
Involuntary conversion 45
Like-kind exchange 45
Nontaxable transfer 46
Market gain, reporting 11
Marketing quota penalties 24
Material participation 77
Meals 24
Membership fees 26
Methods of accounting 5
Modified ACRS (MACRS):
ADS election 45
Conventions 44
Depreciation methods 44
Exchange 45
Figuring the deduction 45
Involuntary conversion 45
Nontaxable transfer 46
Percentage tables 45
Property classes 43
Recovery periods 44

N

National Center for Missing &
Exploited Children 3
Net operating losses 65
Net operating loss (NOL) 69
New hire reporting 81
Noncapital asset 51
Nontaxable exchanges 49
Nontaxable transfer of MACRS
property 46
Not-for-profit farming 27

O

Organizational costs 25

P

Partners, limited 76
Partners, retired 76
Partners, spouses 76
Partnership 76
Passenger automobile 46
Pasture income 10
Patronage dividends 14
Payments considered received:
Bond 63
Buyer assumes mortgage 63
Buyer assumes other debts 63
Buyer pays seller’s
expenses 63

Buyer’s note 63
Debt not payable on demand 63
Mortgage less than basis 63
Mortgage more than basis 63
Property used as a payment 63
Sale to a related person 63
Third-party note 63
Trading property for like-kind
property 63
Payments received 63
Penalties:
Estimated tax 89
Returns 89
Trust fund recovery 84
Personal expenses 26
Per-unit retain certificates 14
Placed in service 37, 43
Postponing casualty gain 70
Prepaid expense:
Advance premiums 22
Extends useful life 6
Farm supplies 19
Livestock feed 20
Prizes 17
Produce 9
Property:
Changed to business use 33
Received for services 33
Repairs and improvements 38
Section 1231 57
Section 1245 58
Section 1250 59
Section 1252 59
Section 1255 59
Tangible personal 39
Property used as a payment:
Examples 63
Exception 63
Publications (See Tax help)

Q

Qualified disaster relief
payments 73
Qualified farm debt 16
Qualified joint venture 76
Qualified small business payroll
tax credit for increasing
research activities 80

R

Recapture:
Amortization 58
Basis reductions 16
Certain depreciation 17
Cost-sharing payments 13
Depreciation 46, 58
Section 1245 property 58
Section 1250 property 59
Section 179 expense
deduction 41
Section 179 GO Zone
property 42
Special depreciation
allowance 42
Recordkeeping 3, 24
Records on depreciable
property 58
Reforestation costs 25, 48
Refund:
Deduction taken 18
Fuel tax 17, 87
Page 93

Reimbursements:
Listed property 46
Casualties and thefts 33, 66, 68
Qualifying property 39
Deduction taken 18
Recapture 41
Expenses 19
Self-employed health
Feed assistance 12
insurance 22
Real estate taxes 31
Self-employed health insurance
Reforestation expenses 48
deduction 77
To employees 24
Self-employment tax:
Related parties 60
Community property 76
Related persons 7, 26, 34, 50, 71
Deduction 78
Rental income 10
How to pay 75
Rented property,
Landlord participation 77
improvements 38
Material participation 77
Repairs 21
Maximum net earnings 74
Repairs and improvements 38
Methods for figuring net
Repayment of income 6
earnings 77
Replacement:
Optional method 77
Period 71
Regular method 77
Property 71
Rental income 77
Reportable transactions. 3
Reporting 78
Repossessions 55
Self-employment tax rate 74
Right-of-way income 17
Share farming 75
Who must pay 75
Selling price reduced 62
Settlement costs (fees) 31
S
Social security and Medicare:
Sale of home 55
Credits of coverage 74
Section 179 expense
Withholding of tax 82
deduction 39
Social security number 75
How to elect 41

Page 94

Software, computer 37
Soil:
Conservation 28
Contamination 71
Special depreciation allowance:
How to elect not to claim 42
Recapture 42
Standard mileage rate 23
Start-up costs for businesses 25
Suggestions for publication 2

T

Tangible personal property 39
Taxes:
Credits and Refunds 85
Federal use 22
General 22
Self-employment 74
State and federal 22
State and local general sales 22
Withholding 82, 83
Tax-free exchanges 49
Tax help 89
Tax preparation fees 25
Tax shelter:
At-risk limits 26
Defined 7
Telephone expense 23

Tenant house expenses 24
Term interests 37
Theft losses 65
Third-party note 64
Timber 25, 47, 53
Trade-in 35
Travel expenses 23
Truck expenses 23
Trust fund recovery penalty 84

U

Uniform capitalization rules:
Basis of assets 32
Inventory 7

W

Wages and salaries 76
Water conservation 28
Water well 29, 44
Weather-related sales,
livestock 9, 70
Withholding:
Income tax 83
Social security and Medicare
tax 82

Publication 225 (2021)