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Farmers Tax Guide

Farmers Tax Guide

]> 225 11049L Farmer's Tax Guide Acknowledgment: The valuable advice and assistance given us each year by the National Farm Income Tax Extension Committee is gratefully acknowledged.  As this publication was being prepared for print, Congress was considering legislation containing provisions that could affect farmers. See Publication 553, Highlights of 2005 Tax Changes and Publication 4492, Tax Information Related to Hurricane Katrina, for information on whether the legislation was enacted and, if so, the specific items of interest to farmers. Publications 553 and 4492 will be available on the IRS website at www.irs.gov in early 2006. Introduction1 What's New for 20052 What's New for 20062 Reminders3 Chapter  1. Importance of Records3  2. Accounting Methods5  3. Farm Income8  4. Farm Business Expenses19  5. Soil and Water Conservation Expenses27  6. Basis of Assets30  7. Depreciation, Depletion, and Amortization35 8. Gains and Losses52 9. Dispositions of Property Used in Farming60 10. Installment Sales64 11. Casualties, Thefts, and Condemnations69 12. Self-Employment Tax75 13. Employment Taxes79 14. Excise Taxes83 15. Estimated Taxes86 16. Sample Return88 17. How To Get Tax Help106 Index109

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 stock, dairy, poultry, fish, fruit, and truck farms. It also includes plantations, ranches, ranges, and orchards.

This publication explains how the federal tax laws apply to farming. Use this publication as a guide to figure your taxes and complete your farm tax return. If you need more 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 17 for information on ordering these publications.

The explanations and examples in this publication reflect the Internal Revenue Service'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 made a decision more favorable to taxpayers than the interpretation of the Service. Until these differing interpretations are resolved by higher court decisions, or in some other way, this publication will continue to present the interpretation of the Service.

The IRS Mission.

Provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all.

Comments and suggestions. Comments on publication Suggestions for publication

We welcome your comments about this publication and your suggestions for future editions.

You can write to us at the following address: Internal Revenue Service Business Forms and Publications Branch SE:W:CAR:MP:T:B 1111 Constitution Ave. NW, IR-6406 Washington, DC 20224

We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

You can email us at *taxforms@irs.gov. (The asterisk must be included in the address.) Please put Publications Comment on the subject line. Although we cannot respond individually to each email, we do appreciate your feedback and will consider your comments as we revise our tax products.

Tax questions.

If you have a tax question, visit www.irs.gov or call 1-800-829-1040. We cannot answer tax questions at either of the addresses listed above.

Ordering forms and publications.

Visit www.irs.gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the address shown under How To Get Tax Help in the back of this publication.

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 1-888-734-3247,
  • Fax your comments to 202-481-5719,
  • Write to Office of the National Ombudsman U.S. Small Business Administration 409 3rd Street, S.W. Washington, DC 20416
  • Send an email to ombudsman@sba.gov, or
  • Download the appraisal form at www.sba.gov/ombudsman.
  • Treasury Inspector General for Tax Administration.

    If you want to report, confidentially, misconduct, waste, fraud, or abuse by an IRS employee, you can call 1-800-366-4484 (1-800-877-8339 for TTY/TDD users). You can remain anonymous.

    Farm tax classes.

    Many state Cooperative Extension Services conduct farm tax workshops in conjunction with the IRS. Please contact your county extension office for more information.

    What's New for 2005

    The following items highlight a number of administrative and tax law changes for 2005. They are discussed in more detail throughout the publication. More information on these and other changes can be found in Publication 553, Highlights of 2005 Tax Changes.

    Tobacco quota buyout program payments.

    The tobacco marketing quota and price support programs were terminated. The USDA will pay eligible tobacco quota holders and growers for the loss in value of the quotas. See chapter 3.

    Standard mileage rate.

    The standard mileage rate for the cost of operating your car, van, pickup, or panel truck in 2005 is 40.5 cents a mile for all business miles driven before September 1, 2005. The rate is 48.5 cents a mile for business miles driven after August 31, 2005. See chapter 4.

    Domestic production activities deduction.

    You may be able to take the domestic production activities deduction when figuring your adjusted gross income on Form 1040 or figuring taxable income on a business income tax return. See chapter 4.

    Increased section 179 deduction dollar limits.

    The maximum amount you can elect to deduct for most section 179 property you placed in service in 2005 is $105,000. This limit is reduced by the amount by which the cost of the property placed in service during the tax year exceeds $420,000. See chapter 7.

    Depreciation limits for business cars.

    The total amount of depreciation (including the section 179 deduction) you can take for a passenger automobile (that is not an electric vehicle or a truck or van) you use in your business and first place in service in 2005 is generally $2,960. Different limits apply to electric vehicles and trucks and vans. See chapter 7.

    Limited applicability of special depreciation allowances.

    The additional special depreciation allowances (including the increased limits for passenger automobiles) do not apply to most property placed in service in 2005. Generally, you can only claim the special depreciation allowances for certain aircraft and certain property with a long production period. See chapter 7.

    Disaster mitigation.

    Qualified disaster mitigation payments are now nontaxable. Also, if you have a gain on the sale or other transfer of property to the government under a hazard mitigation program, you may not have to report the gain. See chapter 11.

    Extended replacement period for property located in the Hurricane Katrina disaster area. Replacement period

    The replacement period for property in the Hurricane Katrina disaster area that was damaged, destroyed, stolen, or condemned after August 24, 2005, has been extended from 2 to 5 years. See chapter 11.

    Limit on personal casualty or theft losses suspended.

    If your loss arose in the Hurricane Katrina disaster area, the $100 rule and 10% rule do not apply. See chapter 11.

    Tax rates and maximum net earnings. Self-employment tax: Tax rates and maximum net earnings

    The maximum net self-employment earnings subject to the social security part (12.4%) of the self-employment tax increased to $90,000 for 2005. There is no maximum limit on earnings subject to the Medicare part (2.9%). See chapter 12.

    Undyed diesel fuel and undyed kerosene.

    Effective for sales of undyed diesel fuel or undyed kerosene (other than kerosene for use in aviation) after September 30, 2005, refunds or credits for fuel used on a farm for farming purposes must be claimed by the farmer. See chapter 14.

    Aviation-grade kerosene (before October 1, 2005) and kerosene for use in aviation (after September 30, 2005).

    Aviation-grade kerosene and kerosene for use in aviation are taxed. Claims for aviation-grade kerosene and kerosene used in aviation on a farm for farming purposes can only be made by the registered ultimate vendor. See chapter 14.

    Aerial applicator waiver is no longer required.

    Effective after September 30, 2005, the aerial applicator waiver is no longer required to be provided by the farmer. See chapter 14.

    LUST tax is included on sales of dyed diesel fuel and dyed kerosene.

    Effective after September 30, 2005, the $.001 Leaking Underground Storage Tank (LUST) tax is included on sales of dyed diesel fuel and dyed kerosene. The LUST tax cannot be refunded. See chapter 14.

    Gasoline.

    The reduced rates of tax that applied to gasohol and gasoline sold for the production of gasohol have been repealed. The credits and refunds for the nontaxable use of gasohol and, generally, the use of gasoline taxed at the full rate to produce gasohol have been eliminated. See chapter 14.

    What's New for 2006 Maximum net earnings.

    The maximum net self-employment earnings subject to the social security part of the self-employment tax for 2006 will be published in Publications 334 and 553. There is no maximum limit on earnings subject to the Medicare part.

    Wage limit for social security tax.

    The limit on wages subject to the social security tax for 2006 will be published in Publication 51 (Circular A), Agricultural Employer's Tax Guide. There is no limit on wages subject to the Medicare tax.

    Reminders

    The following reminders and other items may help you file your tax return.

    Electronic: Filing e-file

    IRS <BIT>e-file</BIT> (Electronic Filing)

    You can file your tax returns electronically using an IRS e-file option. The benefits of IRS e-file include faster refunds, increased accuracy, and acknowledgment of IRS receipt of your return. You can use one of the following IRS e-file options.

  • Use an authorized IRS e-file provider.
  • Use a personal computer.
  • Visit a VITA or TCE site.
  • For details on these fast filing methods, see your income tax package.

    Principal agricultural activity codes. Agricultural activity codes, Schedule F

    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.

    Postponed tax deadlines in disaster areas.

    The IRS may postpone for up to 1 year certain tax deadlines of taxpayers who are affected by a Presidentially declared disaster.

    Publication on employer identification numbers (EIN). Form: SS-4 Employer identification number

    Publication 1635, Understanding Your EIN, provides general information on employer identification numbers. Topics include how to apply for an EIN and how to complete Form SS-4.

    Change of address. Form: 8822

    If you change your home or business address, you should use Form 8822, Change of Address, to notify the IRS. Be sure to include your suite, room, or other unit number.

    Reportable transactions. Reportable transactions. Form: 8886

    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, (5) transactions resulting in book-tax differences of more than $10 million, and (6) 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.

    Section 179 deduction limit for sport utility vehicles.

    The maximum section 179 expense deduction for certain sport utility vehicles is $25,000. For more information, see chapter 7.

    Amortization of business start-up costs.

    You can elect to deduct certain start-up costs. See chapter 4. The remaining costs must be amortized over a 180-month period. See chapter 7.

    Amortization of reforestation costs.

    You can elect to deduct certain reforestation costs. See chapter 4. The remaining costs can be amortized over an 84-month period. See chapter 7.

    Marginal production of oil and gas.

    The suspension of the taxable income limit on percentage depletion from the marginal production of oil and natural gas that was scheduled to expire for tax years beginning after 2003 has been extended to tax years beginning before 2006. For more information on marginal production, see section 613A(c)(6) of the Internal Revenue Code.

    Form W-4 for 2006. Form: W-4

    You should make new Forms W-4 available to your employees and encourage them to check their income tax withholding for 2006. Those employees who owed a large amount of tax or received a large refund for 2005 may need to file a new Form W-4. See Publication 919, How Do I Adjust My Tax Withholding.

    Form 1099-MISC. Form: 1099-MISC

    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 and is not incorporated.

    Bond or other debt received as payment.

    Any bond or other evidence of debt you receive from the buyer that has interest coupons attached or that can be readily traded on an established securities market is treated as a payment in the year you receive it. See chapter 10.

    Electronic deposits of taxes. Electronic: Deposit of taxes

    You must use the Electronic Federal Tax Payment System (EFTPS) to make electronic deposits of all depository tax liabilities you incur in 2006 and thereafter if you deposited more than $200,000 in federal depository taxes in 2004 or you had to use EFTPS in 2005. See chapter 13.

    Aviation-grade kerosene and kerosene for use in aviation. Kerosene for use in aviation

    A registered ultimate vendor that sells aviation-grade kerosene (kerosene for use in aviation after September 30, 2005) on a farm for farming purposes is the only person allowed to claim a credit or refund of the excise tax on that fuel. Farmers cannot claim a credit or refund for the excise tax paid on those fuels. See chapter 14.

    Photographs of missing children.

    The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. 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) if you recognize a child.

    Importance of Records Recordkeeping Books and records

    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.

    Tax records are not the only type of records you need to keep for your farming business. You should also keep records that measure your farm's financial performance. This publication only discusses tax records.

    The Farm Financial Standards Council has produced a publication that provides a detailed explanation of the recommendations of the Council for financial reporting and analysis. For information on recordkeeping, you may want to get a copy of Financial Guidelines for Agricultural Producers. You can order it from Countryside Marketing, Inc. in the following manner.

  • Call 262-253-6902.
  • Send a fax to 262-253-6903. Make sure the fax contains the address where you want the publication shipped.
  • Write to: Farm Financial Standards Council N78 W14573 Appleton Ave #287 Menomonee Falls, WI 53051.
  • The document has 218 pages. If you order the document, you will be mailed an invoice for $25.00 plus postage.

    You can also download the publication at www.ffsc.org.

  • Why you should keep records
  • What records to keep
  • How long to keep records
  • Publication 51 (Circular A), Agricultural Employer's Tax Guide 463 Travel, Entertainment, Gift, and Car Expenses

    See chapter 17 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 farming business. Records can show whether your business is improving, which items are selling, or what changes you need to make. Records can increase the likelihood of business success.

    Prepare your financial statements.

    You need records to prepare accurate financial statements. These include income (profit and loss) statements and balance sheets. These statements can help you in dealing with your bank or creditors and help you to manage your farm business.

    Identify source of receipts.

    You will receive money or property from many sources. Your records can identify the source of your receipts. You need this information to separate farm from nonfarm receipts and taxable from nontaxable income.

    Keep track of deductible expenses.

    You may forget expenses when you prepare your tax return unless you record them when they occur.

    Prepare your tax returns.

    You need records to prepare your tax return. For example, your records must 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.

    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 speed up the examination.

    Kinds of Records To Keep

    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. See chapter 2. If you are in more than one business, you should keep a complete and separate set of records for each business. A corporation should keep minutes of board of directors' meetings.

    Your recordkeeping system should include a summary of your business transactions. This summary is ordinarily made in accounting journals and ledgers. For example, they must show your gross income, as well as your deductions and credits. In addition, you must keep supporting documents. Purchases, sales, payroll, and other transactions you have in your business generate supporting documents such as invoices and receipts. These documents contain the information you need to record in your journals and ledgers.

    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.

    Travel, transportation, entertainment, and gift expenses.

    Specific recordkeeping rules apply to these expenses. For more information, see Publication 463.

    Employment taxes.

    There are specific employment tax records you must keep. For a list, see Publication 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.
  • Purchase price.
  • 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.
  • 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 highly legible. The following table lists acceptable account statements. IF payment is by... THEN the statement must show the... Check
  • 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.
  • Proof of payment of an amount, by itself, does not establish you are entitled 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 Schedule K-1 and W-2.

    How Long To Keep Records Limits: Time 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. Generally, this means you must keep records that support an item of income or deduction on a return until the period of limitations for that return runs out.

    You must keep your records as long as they may be needed for the administration of any provision of the Internal Revenue Code. Generally, 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.

    Generally, if you received property in a nontaxable exchange, your basis in that property is the same as the basis of the property you gave up, increased by any money you paid. You must keep the records on the old property, as well as on the new property, until the period of limitations expires for the year in which you dispose of the new property in a taxable disposition. See Like-Kind Exchanges in the Gains and Losses chapter.

    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.

    Accounting Methods

    You must consistently use an accounting method that clearly shows your income and expenses. Also, you must figure your taxable income and file an income tax return for an annual accounting period called a tax year. Accounting periods are not discussed in this chapter. For information on accounting periods, see Publication 538, Accounting Periods and Methods, and the instructions for Form 1128, Application To Adopt, Change, or Retain a Tax Year.

  • Cash method
  • Accrual method
  • Farm inventory
  • Special methods of accounting
  • Change in accounting method
  • Publication 538 Accounting Periods and Methods 535 Business Expenses Form (and Instructions)
    1128
    Application To Adopt, Change, or Retain a Tax Year
    3115
    Application for Change in Accounting Method

    See chapter 17 for information about getting publications and forms.

    Accounting Methods Methods of accounting Income: Accounting for

    An accounting method is a set of rules used to determine when and how income and expenses are reported. Your accounting method includes not only your overall method of accounting, but also the accounting treatment you use for any material item.

    You choose an accounting method for your farm business when you file your first income tax return that includes a Schedule F. However, you cannot use the crop method for any tax return, including your first tax return, unless you get IRS approval. The crop method of accounting is discussed later under Special Methods of Accounting. Getting IRS approval to change an accounting method is discussed later under Change in Accounting Method.

    Kinds of methods.

    Generally, you can use any of the following accounting methods.

  • 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.
  • However, certain farm corporations and partnerships, and all tax shelters, must use an accrual method of accounting. See Accrual method required, later.

    Business and personal 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. No business is separate and distinct, however, unless a complete and separate set of books and records is maintained for each business.

    Accrual method required.

    The following businesses engaged in farming must use an accrual method of accounting.

  • A corporation (other than a family corporation) that had gross receipts of more than $1,000,000 for any tax year beginning after 1975.
  • A family corporation that had gross receipts of more than $25,000,000 for any tax year beginning after 1985.
  • A partnership with a corporation as a partner.
  • A tax shelter.
  • Note.

    Items (1), (2), and (3) 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).

    Family corporation.

    A family corporation is generally a corporation that meets one of the following ownership requirements.

  • Members of the same family own at least 50% of the total combined voting power of all classes of stock entitled to vote and at least 50% of the total shares of all other classes of stock of the corporation.
  • Members of two families have owned, directly or indirectly, since October 4, 1976, at least 65% of the total combined voting power of all classes of voting stock and at least 65% of the total shares of all other classes of the corporation's stock.
  • Members of three families have owned, directly or indirectly, since October 4, 1976, at least 50% of the total combined voting power of all classes of voting stock and at least 50% of the total shares of all other classes of the corporation's stock.
  • For more information on family corporations, see section 447 of the Internal Revenue Code.

    Tax shelter. Tax shelter: Defined

    A tax shelter is a partnership, noncorporate enterprise, or S corporation that meets either of the following tests.

  • Its principal purpose is the avoidance or evasion of federal income tax.
  • It is a farming syndicate. A farming syndicate is an entity that meets either of the following tests.
  • 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.
  • 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.

    Cash Method Accounting method: Cash Cash method of accounting

    Most farmers use the cash method because they find it easier to keep cash method records. However, certain farm corporations and partnerships and all tax shelters must use an accrual method of accounting. See Accrual method required, earlier.

    Income

    Under the cash method, include in your gross income all items of income you actually or constructively receive during the tax year. If you receive property or services, you must include their fair market value in income. See chapter 3 for information on how to report farm income on your income tax return.

    Constructive receipt. Constructive receipt of income

    Income is constructively received when an amount is credited to your account or made available to you without restriction. You need not have possession of it. If you authorize someone to be your agent and receive income for you, you are considered to have received it when your agent receives it. Income is not constructively received if your control of its receipt is subject to substantial restrictions or limitations.

    Direct payments and counter-cyclical payments. Direct payments Counter-cyclical payments

    If you received direct payments or counter-cyclical payments under Subtitle A or C of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), you will not be considered to have constructively received a payment merely because you had the option to receive it in the year before it is required to be paid.

    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 property is received or made available to you without restriction.

    Example.

    Frances Jones, a farmer, was entitled to receive a $10,000 payment on a grain contract in December 2005. She was told in December that her payment was available. At her request, she was not paid until January 2006. She must still include this payment in her 2005 income because it was made available to her in 2005.

    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.

    Installment sale.

    If you sell an item under a deferred payment contract that calls for payment the following year, there is no constructive receipt in the year of sale. However, see the following example for an exception to this rule.

    Example.

    You are a farmer who uses the cash method and a calendar tax year. You sell grain in December 2005 under a bona fide arm's-length contract that calls for payment in 2006. You include the sale proceeds in your 2006 gross income since that is the year payment is received. However, if the contract says that you have the right to the proceeds from the buyer at any time after the grain is delivered, you must include the sale price in your 2005 income, regardless of when you actually receive payment.

    Repayment of income. Repayment of income

    If you include an amount in income and in a later year you have to repay all or part of it, you can usually deduct the repayment in the year in which you make it. If the amount you repay is over $3,000, a special rule applies. For details about the special rule, see Repayments in chapter 13 of Publication 535, Business Expenses.

    Expenses

    Under the cash method, you generally deduct expenses in the tax year in which you actually 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. Prepaid expense: Extends useful life

    You cannot deduct expenses in advance, even if you pay them 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.

    In 2005, you signed a 3-year insurance contract. Even though you paid the premiums for 2005, 2006, and 2007 when you signed the contract, you can only deduct the premium for 2005 on your 2005 tax return. Deduct in 2006 and 2007 the premium allocable to those years.

    Accrual Method Accounting method: Accrual Accrual method of accounting

    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.

    Income Income: Accrual method of accounting

    You generally 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.

    If you use an accrual method of accounting, complete Part III of Schedule F (Form 1040).

    Inventory.

    If you keep an inventory, you generally must use an accrual method of accounting to determine your gross income. See Farm Inventory, later, for more information.

    Expenses

    Under an accrual method of accounting, you generally deduct or capitalize a business expense when both of the following apply.

  • The all-events test has been met. This test is met when:
  • All events have occurred that fix the fact of liability, and
  • The liability can be determined with reasonable accuracy.
  • Economic performance has occurred.
  • Economic performance.

    You generally 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.

    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 on economic performance, see Economic Performance in Publication 538.

    Example.

    Jane is a farmer who uses a calendar tax year and an accrual method of accounting. She enters into a contract with Waterworks in 2005. The contract states that Jane must pay Waterworks $200,000 in December 2005 and they will install a complete irrigation system, including a new well, by the close of 2006. She pays Waterworks $200,000 in December 2005, they start the installation in May 2006, and they complete the irrigation system in December 2006.

    Economic performance for Jane's liability in the contract occurs as the property and services are provided. Jane incurs the $200,000 cost in 2006.

    Special rule for related persons. Related persons Family member: Business expenses

    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. If a deduction is denied, the rule will continue to apply even if your relationship with the person ends before the expense or interest is includible in the gross income of that person.

    Related persons include members of your immediate family, including brothers and sisters (either whole or half), your spouse, ancestors, and lineal descendants. For a list of other related persons, see Related Persons in Publication 538. For example, in the following examples, Corporation B is a legal person. A is related to Corporation B because of his majority stock ownership.

    Example 1.

    As of December 31, 2005, A, a calendar year individual taxpayer, owns 60% of the stock in Corporation B, which is engaged in farming. A owes Corporation B $1,000 interest due in December of 2005 but does not pay until January of 2006. Corporation B, also a calendar year taxpayer, uses cash basis accounting since its receipts are less than $1,000,000. A may not deduct the $1,000 payment when filing his or her 2005 tax year return because the expense is not considered incurred until January of 2006.

    Example 2.

    The facts are the same, but A sells all of his or her stock in the corporation in November of 2005. A still may not make the deduction in his or her 2005 tax year.

    Contested liability.

    If you use an accrual method of accounting and contest an asserted liability for a farm business expense, you can deduct the liability either in the year you pay it (or transfer money or other property in satisfaction of it) or in the year you finally settle the contest. However, to take the deduction in the year of payment or transfer, you must meet certain conditions. For more information, see Contested Liability under Accrual Method in Publication 538.

    Farm Inventory Accounting method: Farm inventory Inventory: Items included

    If you keep an inventory, you generally must use an accrual method of accounting to determine your gross income. 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.

    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.

    Accounting for inventory.

    Generally, if you produce, purchase, or sell merchandise in your business, you must keep an inventory and use the accrual method for purchases and sales of merchandise. However, if you are a qualifying taxpayer or a qualifying small business taxpayer that has an eligible business, you can use the cash method of accounting, even if you produce, purchase, or sell merchandise. If you qualify, you also can choose not to keep an inventory, even if you do not change to the cash method.

    A qualifying taxpayer is a taxpayer that for each prior tax year ending after December 16, 1998, has average annual gross receipts of $1 million or less for the 3-tax-year period ending with that prior tax year. A tax shelter cannot be a qualifying taxpayer. See Publication 538 for more information.

    A qualifying small business taxpayer is a taxpayer that (a) for each prior tax year ending after December 31, 2000, has average annual gross receipts of $10 million or less for the 3-tax-year period ending with that prior tax year, and (b) whose principal business activity is not an ineligible activity. Certain other requirements must be met. See Publication 538 for more information.

    The qualifying small business taxpayer exception does not apply to a farming business. However, if you are a qualifying small business taxpayer engaged in a farming business, this exception may apply to your nonfarming businesses, if any.

    Hatchery business.

    If you are in the hatchery business, and use the 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.

    You must inventory supplies acquired for sale or that become a physical part of items held for sale. Deduct the cost of supplies in the year used or consumed in operations. Do not include incidental supplies in inventory. Deduct incidental supplies 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. See also 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. Uniform capitalization rules: Inventory

    You are generally not required to inventory growing crops. 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. See Uniform Capitalization Rules in chapter 6.

    Required to use accrual method.

    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.
  • Inventory valuation methods. Inventory: Methods of valuation

    The following methods, described below, are those generally available for valuing inventory.

  • Cost.
  • Lower of cost or market.
  • Farm-price method.
  • Unit-livestock-price method.
  • Cost and lower of cost or market methods.

    See Publication 538 for information on these valuation methods.

    If you value your livestock inventory at cost or the lower of cost or market, you do not need IRS approval 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. Livestock: Unit-livestock-price, inventory valuation

    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 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 sold or lost animals 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 practice you have chosen. You cannot change your practice without IRS approval.

    You must 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.

    Uniform capitalization rules.

    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.

    You are a farmer who uses an accrual method of accounting. You keep your books on the calendar tax year basis. You sell grain in December 2005, but you are not paid until January 2006. You must both include the sale proceeds and deduct the costs incurred in producing the grain on your 2005 tax return.

    Example 2.

    Assume the same facts as in Example 1 except that you use the cash method and there was no constructive receipt of the sale proceeds in 2005. Under this method, you include the sale proceeds in income for 2006 the year you receive payment. You deduct the costs of producing the grain in the year you pay for them.

    Special Methods of Accounting

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

    Crop method. Crop: Method of accounting Accounting method: Crop

    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. 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.

    You cannot use this method for timber or any commodity subject to the uniform capitalization rules.

    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

    You can generally 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.
  • Change in Accounting Method Change in accounting method Accounting method: Change in

    Once you have set up your accounting method, you must generally get IRS approval before you can change to another method. A change in your accounting method includes a change in:

  • Your overall method, such as from cash 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).
  • To get approval, you must file Form: 3115 Form 3115. You may have to pay a fee. For more information, see the Form 3115 instructions.

    Farm Income Income: Schedule F Income: From farming What's New Tobacco quota buyout program payments.

    The tobacco marketing quota and price support programs were terminated. The USDA will pay eligible tobacco quota holders and growers for the loss in value of the quotas. For more information, see Tobacco Quota Buyout Program Payments, later.

    You may receive income from many sources. You must report the income on your tax return, unless it is excluded by law. Where you report the income depends on its source.

    This chapter discusses farm income you report on Schedule F (Form 1040). For information on where to report other income, see the instructions for Form 1040.

    Accounting method.

    The rules discussed in this chapter assume you use the cash method of accounting. Under the cash method, you generally include an item of income in gross income when you receive it. See Cash Method in chapter 2.

    If you use an accrual method of accounting, different rules may apply to your situation. See Accrual Method in chapter 2.

  • 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
  • Publication 525 Taxable and Nontaxable Income 550 Investment Income and Expenses 908 Bankruptcy Tax Guide 925 Passive Activity and At-Risk Rules Form (and Instructions)
    Sch E (Form 1040)
    Supplemental Income and Loss
    Sch F (Form 1040)
    Profit or Loss From Farming
    Sch J (Form 1040)
    Income Averaging for Farmers and Fishermen
    982
    Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment)
    1099-G
    Certain Government Payments
    1099-PATR
    Taxable Distributions Received From Cooperatives
    4797
    Sales of Business Property
    4835
    Farm Rental Income and Expenses

    See chapter 17 for information about getting publications and forms.

    Schedule F

    Report your farm income on Schedule F (Form 1040). Use this schedule to figure the net profit or loss from regular farming operations.

    Income from farming reported on Schedule F (Form 1040) includes amounts you receive from cultivating, operating, or managing a farm for gain or profit, either as owner or tenant. This includes income from operating a stock, dairy, poultry, fish, fruit, or truck farm and income from operating a plantation, ranch, range, or orchard. It also includes income from the sale of crop shares if you materially participate in producing the crop. See Rents (Including Crop Shares), later.

    Income received from operating a nursery, which specializes in growing ornamental plants, is considered to be income from farming.

    Income reported on Schedule F does not 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.

    Sales of Farm Products Livestock: Sale of Produce

    When you sell livestock, produce, grains, or other products you raised on your farm for sale or bought for resale, the entire amount you receive is reported on Schedule F. This includes money and the fair market value of any property or services you receive.

    Where to report.

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

    Schedule F.

    When you sell farm products bought for resale, your profit or loss is the difference between your basis in the item (usually your cost) and any payment (money plus the fair market value of any property) you receive for it. 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 2004, you bought 20 feeder calves for $6,000 for resale. You sold them in 2005 for $11,000. You report the $11,000 sales price, subtract your $6,000 basis, and report the resulting $5,000 profit on your 2005 Schedule F, Part I.

    Form 4797. Form: 4797

    Sales of livestock held for draft, breeding, sport, or dairy purposes may result in ordinary or capital gains or losses, depending on the circumstances. In either case, you should always report these sales on Form 4797 instead of Schedule F. See Livestock under Ordinary or Capital Gain or Loss in chapter 8. Animals you do not hold primarily for sale are considered business assets of your farm.

    <ROM>Table 3-1. </ROM>Where To Report Sales of Farm Products Item Sold Schedule F Form 4797 Farm products raised for sale X Farm products bought for resale X Farm products not held primarily for sale, such as livestock held for draft, breeding, sport, or dairy purposes (bought or raised) X
    Sale by agent.

    If your agent sells your farm products, you must include the net proceeds from the sale in gross income for the year the agent receives payment. This applies even if your agent pays you in a later year. You have constructive receipt of the income when your agent receives payment. For a discussion on constructive receipt of income, see Cash Method under Accounting Methods in chapter 2.

    Sales Caused by Weather-Related Conditions Weather-related sales, livestock Livestock: Weather-related sales

    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. 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 would not 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.
  • 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 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 do not take into account your sales in any earlier year for which you postponed the gain. If you have not yet established a usual business practice, rely on the usual business practices of similarly situated farmers in your general region.

    Connection with affected area.

    The livestock does not have to be raised or sold in an area affected by a weather-related condition for the postponement to apply. However, the sale must occur solely because of a weather-related condition that affected the water, grazing, or other requirements of the livestock. This requirement generally will not be met if the costs of food, water, or other requirements of the livestock affected by the weather-related condition are not substantial in relation to the total costs of holding the livestock.

    Classes of livestock.

    You must figure the amount to be postponed separately for each generic class of animals—for example, hogs, sheep, and cattle. Do not separate animals into classes based on age, sex, or breed.

    Amount to be postponed.

    Follow these steps to figure the amount to be postponed for each class of animals.

  • Divide the total income realized from the sale of all livestock in the class during the tax year by the total number of such livestock sold. For this purpose, do not treat any postponed gain from the previous year as income received from the sale of livestock.
  • Multiply the result in (1) by the excess number of such livestock sold solely because of weather-related conditions.
  • Example.

    You are a calendar year taxpayer and you normally sell 100 head of beef cattle a year. As a result of drought, you sold 135 head during 2005. You realized $35,100 from the sale. On August 9, 2005, as a result of drought, the affected area was declared a disaster area eligible for federal assistance. The income you can postpone until 2006 is $9,100 [($35,100 ÷ 135) × 35].

    How to postpone gain.

    To postpone gain, attach a statement to your tax return for the year of the sale. The statement must include your name and address and give the following information for each class of livestock for which you are postponing gain.

  • A statement that you are postponing gain under section 451(e) of the Internal Revenue Code.
  • 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.
  • A computation, as described earlier, 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) Rental income Crop: Shares Form: 4835

    The rent you receive for the use of your farmland is generally rental income, not farm income. However, if you materially participate in farming operations on the land, the rent is farm income. See Landlord Participation in Farming in chapter 12.

    Pasture income and rental. Income: Pasture Pasture income

    If you pasture someone else's cattle and take care of the livestock for a fee, the income is from your farming business. You must enter it as Other income on Schedule F. If you simply rent your pasture for a flat cash amount without providing services, report the income as rent 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 does not matter whether you use the cash method of accounting or an accrual method of accounting.

    If you materially participate in operating a farm from which you receive rent in the form of crop shares or livestock, the rental income is included in self-employment income. (See Landlord Participation in Farming in chapter 12.) Report the rental income on Schedule F.

    If you do not materially participate in operating the farm, report this income on Form 4835 and carry the net income or loss to Schedule E (Form 1040). The income is not included in self-employment income.

    Crop shares you use to feed livestock. Livestock: Crop shares

    Crop shares you receive as a landlord and feed to your livestock are considered converted to money when fed to the livestock. You must include the fair market value of the crop shares in income at that time. You are entitled to a business expense deduction for the livestock feed in the same amount and at the same time you include the fair market value of the crop share as rental income. Although these two transactions cancel each other for figuring adjusted gross income on Form 1040, they may be necessary to figure your self-employment tax. See chapter 12.

    Crop shares you give to others (gift). Gifts

    Crop shares you receive as a landlord and give to others are considered converted to money when you make the gift. You must report the fair market value of the crop share as income, even though someone else receives payment for the crop share.

    Example.

    A tenant farmed part of your land under a crop-share arrangement. The tenant harvested and delivered the crop in your name to an elevator company. Before selling any of the crop, you instructed the elevator company to cancel your warehouse receipt and make out new warehouse receipts in equal amounts of the crop in the names of your children. They sell their crop shares in the following year and the elevator company makes payments directly to your children.

    In this situation, you are considered to have received rental income and then made a gift of that income. You must include the fair market value of the crop shares in your income for the tax year you gave the crop shares to your children.

    Crop share loss.

    If you are involved in a rental or crop-share lease arrangement, any loss from these activities may be subject to the limits under the passive loss rules. See Publication 925 for information on these rules.

    Agricultural Program Payments Agricultural program payments

    You must include in income most government payments, such as those for approved conservation practices, direct payments, and counter-cyclical payments, whether you receive them in cash, materials, services, or commodity certificates. However, you can exclude from income some payments you receive under certain cost-sharing conservation programs. See Cost-Sharing Exclusion (Improvements), later.

    Report the agricultural program payment on the appropriate line of 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 for the year of repayment or reduction.

    Commodity Credit Corporation (CCC) Loans Commodity Credit Corporation (CCC): Loans Loans

    Generally, you do not 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 do not need approval from the IRS to adopt this method of reporting CCC loans.

    Once you report a CCC loan as income for the year received, you generally must report all CCC loans in that year and later years in the same way. However, you can obtain automatic consent to change your method of accounting for loans received from the CCC, from including the loan amount in gross income for the taxable year in which the loan is received to treating the loan amount as a loan. For more information, see Automatic Change Request Procedures under Change in Accounting Method in Publication 538, Accounting Periods and Methods.

    You can request income tax withholding from CCC loan payments you receive. Use Form W-4V, Voluntary Withholding Request. See chapter 17 for information about ordering the form. Form: W–4V

    To elect to report a CCC loan as income, include the loan proceeds as income on Schedule F, line 7a, 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 did not report the loan proceeds as income for the year you received them you must include them in your income for the year of the forfeiture.

    Form 1099-A. Form: 1099-A

    If you forfeit pledged crops to the CCC in full payment of a loan, you may receive a Form 1099-A, Acquisition or Abandonment of Secured Property. CCC should be shown in box 6. The amount of any CCC loan outstanding when you forfeited your commodity should also be indicated on the form.

    Market Gain Market gain, reporting Commodity Credit Corporation (CCC): Market gain Form: 1099-G

    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. If you use cash to repay the loan, you will receive a Form CCC-1099-G showing the market gain you realized. If you repay the loan with CCC certificates, you will not be issued a Form CCC-1099-G. Whether or not you receive a Form CCC-1099-G, market gain should be reported as follows.

  • If you elected to include the CCC loan in income in the year you received it, do not include the market gain in income. However, adjust the basis of the commodity for the amount of the market gain.
  • If you did not 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 2004, Mike pledged 1,000 pounds of cotton as collateral for a CCC loan of $500 (a loan rate of $.50 per pound). In 2005, he repaid the loan and redeemed the cotton for $420 when the world price was $.42 per pound (lower than the loan amount). Later in 2005, he sold the cotton for $600.

    The market gain on the redemption was $.08 ($.50 – $.42) per pound. Mike realized total market gain of $80 ($.08 x 1,000 pounds). How he reports this market gain and figures his gain or loss from the sale of the cotton depends on whether he included CCC loans in income in 2004.

    Included CCC loan.

    Mike reported the $500 CCC loan as income for 2004, so he is treated as if he sold the cotton for $500 when he pledged it and repurchased the cotton for $420 when he redeemed it. The $80 market gain is not recognized on the redemption. He reports it for 2005 as an Agricultural program payment on Schedule F, line 6a, but does not include it as a taxable amount on line 6b.

    Mike's basis in the cotton after he redeemed it was $420, which is the redemption (repurchase) price paid for the cotton. His gain from the sale is $180 ($600 – $420). He reports the $180 gain as income for 2005 on Schedule F, line 4.

    Excluded CCC loan.

    Mike has income of $80 from market gain in 2005. He reports it on Schedule F, line 6a and line 6b. His basis in the cotton is zero, so his gain from its sale is $600. He reports the $600 gain as income for 2005 on Schedule F, line 4.

    Example 2.

    The facts are the same as in Example 1 except that, instead of selling the cotton for $600 after redeeming it, Mike entered into an option-to-purchase contract with Tom Merchant before redeeming the cotton. Under that contract, Mike authorized Tom to pay the CCC loan on Mike's behalf. In 2005, Tom repaid the loan for $420 and immediately exercised his option, buying the cotton for $420. How Mike reports the $80 market gain on the redemption of the cotton and figures his gain or loss from its sale depends on whether he included CCC loans in income in 2004.

    Included CCC loan.

    As in Example 1, Mike is treated as though he sold the cotton for $500 when he pledged it and repurchased the cotton for $420 when Tom redeemed it for him. The $80 market gain is not recognized on the redemption. Mike reports it for 2005 as an Agricultural program payment on Schedule F, line 6a, but does not include it as a taxable amount on line 6b.

    Also, as in Example 1, Mike's basis in the cotton when Tom redeemed it for him was $420. Mike has no gain or loss on its sale to Tom for that amount.

    Excluded CCC loan.

    As in Example 1, Mike has income of $80 from market gain in 2005. He reports it on Schedule F, line 6a and line 6b. His basis in the cotton is zero, so his gain from its sale is $420. He reports the $420 gain as income for 2005 on Schedule F, line 4.

    Conservation Reserve Program (CRP) Conservation: Reserve Program (CRP)

    Under the Conservation Reserve Program (CRP), if you own or operate highly erodible or other specified cropland, you may enter into a long-term contract with the USDA, agreeing to convert to a less intensive use of that cropland. You must include the annual rental payments and any one-time incentive payment you receive under the program on Schedule F, lines 6a and 6b. Cost-share payments you receive may qualify for the cost-sharing exclusion. (See Cost-Sharing Exclusion, later.) CRP payments are reported to you on Form CCC-1099-G.

    Crop Insurance and Crop Disaster Payments Crop: Insurance proceeds Disaster payments Damage: Crop insurance

    You must include in income any crop insurance proceeds you receive as the result of crop damage. You generally include them in the year you receive them. Treat as crop insurance proceeds the crop disaster payments you receive from the federal government as the result of destruction or damage to crops, or the inability to plant crops, because of drought, flood, or any other natural disaster.

    You can request income tax withholding from crop disaster payments you receive from the federal government. Use Form W-4V, Voluntary Withholding Request. See chapter 17 for information about ordering the form. Form: W-4V

    Election to postpone reporting until the following year. Election: Postponing reporting crop insurance proceeds

    You can postpone reporting crop insurance proceeds as income until the year following the year the damage occurred if you meet all the following conditions.

  • 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.
  • To postpone reporting crop insurance proceeds received in 2005, report the amount you received on Schedule F, line 8a, but do not include it as a taxable amount on line 8b. Check the box on line 8c and attach a statement to your tax return. The statement must include your name and address and contain the following information.

  • A statement that you are making an election under section 451(d) of the Internal Revenue Code and Regulations section 1.451-6.
  • The specific crop or crops destroyed or damaged.
  • A statement that under your normal business practice you would have included income from the destroyed or damaged crops in gross income for a tax year following the year the crops were destroyed or damaged.
  • The cause of the 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.
  • 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 Livestock: Feed assistance Reimbursements: Feed assistance

    The Disaster Assistance Act of 1988 authorizes programs to provide feed assistance, reimbursement payments, and other benefits to qualifying livestock producers if the Secretary of Agriculture determines that, because of a natural disaster, a livestock emergency exists. These programs include partial reimbursement for the cost of purchased feed and for certain transportation expenses. They also include the donation or sale at a below-market price of feed owned by the Commodity Credit Corporation.

    Include in income:

  • The market value of donated feed,
  • The difference between the market value and the price you paid for feed you buy at below market prices, and
  • Any cost reimbursement you receive.
  • You must include these benefits in income in the year you receive them. You cannot postpone reporting them under the rules explained earlier for weather-related sales of livestock or crop insurance proceeds. Report the benefits 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) Cost-sharing exclusion Improvements

    You can exclude from your income part or all of a payment you receive under certain federal or state cost-sharing conservation, reclamation, and restoration programs. A payment is any economic benefit you get as a result of an improvement. However, this exclusion applies only to that part of a payment that meets all three of the following tests.

  • It was for a capital expense. You cannot exclude any part of a payment for an expense you can deduct in the year you pay or incur it. You must include the payment for a deductible expense in income, and you can take any offsetting deduction. (See chapter 5 for information on deducting soil and water conservation expenses.)
  • It does not substantially increase your annual income from the property for which it is made. An increase in annual income is substantial if it is more than the greater of the following amounts.
  • 10% of the average annual income derived from the affected property before receiving the improvement.
  • $2.50 times the number of affected acres.
  • The Secretary of Agriculture certified that the payment was primarily made for conserving soil and water resources, protecting or restoring the environment, improving forests, or providing a habitat for wildlife.
  • Qualifying programs.

    If the three tests listed above are met, you can exclude payments from the following programs.

  • The rural clean water program authorized by the Federal Water Pollution Control Act.
  • The rural abandoned mine program authorized by the Surface Mining Control and Reclamation Act of 1977.
  • The water bank program authorized by the Water Bank Act.
  • The emergency conservation measures program authorized by title IV of the Agricultural Credit Act of 1978.
  • The agricultural conservation program authorized by the Soil Conservation and Domestic Allotment Act.
  • The great plains conservation program authorized by the Soil Conservation and Domestic Policy Act.
  • The resource conservation and development program authorized by the Bankhead-Jones Farm Tenant Act and by the Soil Conservation and Domestic Allotment Act.
  • Certain small watershed programs, listed later.
  • Any program of a state, possession of the United States, a political subdivision of any of these, or of the District of Columbia under which payments are made to individuals primarily for conserving soil, protecting or restoring the environment, improving forests, or providing a habitat for wildlife. Several state programs have been approved. For information about the status of those programs, contact the state offices of the Farm Service Agency (FSA) and the Natural Resources and Conservation Service (NRCS).
  • Small watershed programs.

    If the three tests listed earlier are met, you can exclude payments you receive under the following programs for improvements made in connection with a watershed.

  • The programs under the Watershed Protection and Flood Prevention Act.
  • The flood prevention projects under the Flood Control Act of 1944.
  • The Emergency Watershed Protection Program under the Flood Control Act of 1950.
  • Certain programs under the Colorado River Basin Salinity Control Act.
  • The Wetlands Reserve Program authorized by the Food Security Act of 1985, the Federal Agriculture Improvement and Reform Act of 1996 and the Farm Security and Rural Investment Act of 2002.
  • The Environmental Quality Incentives Program (EQIP) authorized by the Federal Agriculture Improvement and Reform Act of 1996.
  • The Wildlife Habitat Incentives Program (WHIP) authorized by the Federal Agriculture Improvement and Reform Act of 1996.
  • The Soil and Water Conservation Assistance Program authorized by the Agricultural Risk Protection Act of 2000.
  • The Agricultural Management Assistance Program authorized by the Agricultural Risk Protection Act of 2000.
  • The Conservation Reserve Program authorized by the Food Security Act of 1985 and the Federal Agriculture Improvement and Reform Act of 1996.
  • The Forest Land Enhancement Program authorized under the Farm Security and Rural Investment Act of 2002.
  • 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 has not certified as primarily for conservation.
  • Any government payment to you for rent or for your services.
  • The denominator of the fraction is the total cost of the improvement.

    Excludable portion.

    The excludable portion is the present fair market value of the right to receive annual income from the affected acreage of the greater of the following amounts.

  • 10% of the prior average annual income from the affected acreage. The prior average annual income is the average of the gross receipts from the affected acreage for the last 3 tax years before the tax year in which you started to install the improvement.
  • $2.50 times the number of affected acres.
  • The calculation of present fair market value of the right to receive annual income is too complex to discuss in this publication. You may need to consult your tax advisor for assistance.

    Example.

    One hundred acres of your land was reclaimed under a rural abandoned mine program contract with the Natural Resources Conservation Service of the USDA. The total cost of the improvement was $500,000. The USDA paid $490,000. You paid $10,000. The value of the cost-sharing improvement is $15,000.

    The present fair market value of the right to receive the annual income described in (1) above is $1,380, and the present fair market value of the right to receive the annual income described in (2) is $1,550. The excludable portion is the greater amount, $1,550.

    You figure the amount to include in gross income as follows: Value of cost-sharing improvement $15,000 Minus: Your share $10,000 Excludable portion 1,550 11,550 Amount included in income $ 3,450

    Effects of the exclusion.

    When you figure the basis of property you acquire or improve using cost-sharing payments excluded from income, subtract the excluded payments from your capital costs. Any payment excluded from income is not part of your basis.

    In addition, you cannot take depreciation, amortization, or depletion deductions for the part of the cost of the property for which you receive cost-sharing payments you exclude from income.

    How to report the exclusion.

    Attach a statement to your tax return (or amended return) for the tax year you receive the last government payment for the improvement. The statement must include the following information.

  • The dollar amount of the cost funded by the government payment.
  • The value of the improvement.
  • The amount you are excluding.
  • Report the total cost-sharing payments you receive on Schedule F, line 6a, and the taxable amount on line 6b.

    Recapture. Form: 4797 Recapture: Cost-sharing payments

    If you dispose of the property within 20 years after you received the excluded payments, you must treat as ordinary income part or all of the cost-sharing payments you excluded. You must report the recapture on Form 4797. See Section 1255 property under Other Gains in chapter 9.

    Electing not to exclude payments. Election: Not excluding cost-sharing 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. 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.

    Payments under the Farm Security and Rural Investment Act of 2002 Direct payments Counter-cyclical payments

    The Farm Security and Rural Investment Act of 2002 created two new types of payments—direct and counter-cyclical payments. You must include these payments on Schedule F, lines 6a and 6b.

    Peanut Quota Buyout Program Payments Peanut quota buyout payments

    The Farm Security and Rural Investment Act of 2002 repealed the marketing quota program for peanuts effective May 13, 2002. As a result, the USDA offered to enter into contracts with eligible peanut quota holders to provide compensation for the lost value of the quotas resulting from the repeal.

    If you are an eligible peanut quota holder, your contract entitles you to receive one of the following payment options.

  • Five equal annual payments of 11 cents per pound of peanut quota during the period 2002 through 2006.
  • A single lump sum payment in any one of the five years.
  • Tax treatment.

    Your taxable gain or loss is the total amount received for your quota reduced by any amount treated as interest (discussed later), over your adjusted basis. The gain or loss is capital or ordinary depending on how you used the quota. See Capital or ordinary gain or loss, later.

    Report the entire gain on your income tax return for the taxable year if you:

  • Receive a lump sum payment or
  • Elect not to use the installment method.
  • Adjusted basis.

    The adjusted basis of your quota is determined differently depending on how you obtained the quota.

  • The basis of a quota derived from an original grant by the federal government of an acreage allotment is zero.
  • The basis of a purchased quota is the purchase price.
  • The basis of a quota derived from a purchased acreage allotment is the purchase price.
  • The basis of an inherited quota is generally the fair market value of the quota at the time of the decedent's death.
  • If not previously allocated, the total basis of a quota (or acreage allotment) and land obtained at the same time must be properly allocated between the two assets.

    Reduction of basis.

    You are required to reduce the basis of your peanut quota by the following amounts.

  • Deductions you took for amortization, depletion, or depreciation.
  • Amounts you previously deducted as a loss because of a reduction in the number of pounds of peanuts allowable under the quota.
  • The entire cost of a purchased quota or acreage allotment you deducted in an earlier year (which reduces your basis to zero).
  • Amount treated as interest.

    You must reduce your peanut quota buyout program payment by the amount treated as interest, which is reportable as ordinary income. If payments total $3,000 or less, your total quota buyout program payment does not include any amount treated as interest and you are not required to reduce the total payment you receive.

    In all other cases, a portion of each payment may be treated as interest for federal tax purposes. You may be required to reduce your total quota buyout program payment before you calculate your gain or loss. For more information, see Notice 2002-67 on page 715 of Internal Revenue Bulletin 2002-42. This bulletin is available at www.irs.gov/pub/irs-irbs/irb02-42.pdf.

    Installment method.

    You may use the installment method to report a gain if you receive at least one payment after the close of your taxable year. Under the installment method, a portion of the gain is taken into account in each year in which a payment is received. See chapter 10 for more information.

    Capital or ordinary gain or loss.

    Whether your gain or loss is ordinary or capital depends on how you used the quota.

    Quota used in the trade or business of farming.

    If you used the quota in the trade or business of farming and you held it for more than one year, you report the transaction as a section 1231 transaction on Form 4797. See Section 1231 transactions under Ordinary or Capital Gain or Loss in chapter 8 for a definition of section 1231 transactions.

    See the instructions for Form 4797 for detailed information on reporting section 1231 transactions.

    Quota held for investment.

    If you held the quota for investment purposes, any gain or loss is capital gain or loss. The same result also applies if you held the quota for the production of income, though not connected with a trade or business.

    Gain treated as ordinary income.

    If you previously deducted any of the following items, some or all of the capital gain must be recharacterized and reported as ordinary income. Any resulting capital gain is taxed as ordinary income up to the amount previously deducted.

  • The cost of acquiring a quota.
  • Amounts for amortization, depletion, or depreciation.
  • Amounts to reflect a reduction in the quota pounds.
  • You should include the ordinary income on your return for the taxable year even if you use the installment method to report the remainder of the gain.

    Self-employment income.

    The peanut quota buyout payments are not self-employment income.

    Income averaging for farmers.

    The gain or loss resulting from the quota payments does not qualify for income averaging. A peanut quota is considered an interest in land. Income averaging is not available for gain or loss arising from the sale or other disposition of land.

    Involuntary conversion.

    The buyout of the peanut quota is not an involuntary conversion.

    Form 1099-S.

    A peanut quota is considered an interest in land, so the USDA will generally report the total amount you receive under a contract on Form 1099-S if the amount is $600 or more. The USDA will generally report any portion of a payment treated as interest of $600 or more to you on Form 1099-INT for the year in which the payment is made.

    More information.

    For more information on the taxation of peanut quota buyout program payments, see Notice 2002-67.

    Other Payments

    You must include most other government program payments in income.

    Fertilizer and Lime Fertilizer

    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 do not reduce your basis. However, see Cost-Sharing Exclusion (Improvements), earlier, for additional information.

    National Tobacco Growers' Settlement Trust Fund Payments Tobacco settlement payments

    If you are a producer, landowner, or tobacco quota owner who receives money from the National Tobacco Growers' Settlement Trust Fund, you must report those payments as income. You should receive a Form 1099-MISC that shows the payment amount.

    If you produce a tobacco crop, report the payments as income from farming on your Schedule F. If you are a landowner or tobacco quota owner who leases tobacco-related property but you do not produce the crop, report the payments as farm rental income on Form 4835.

    Tobacco Quota Buyout Program Payments Tobacco quota buyout payments

    The Fair and Equitable Tobacco Reform Act of 2004, Title VI of the American Jobs Creation Act of 2004, terminated the tobacco marketing quota program and the tobacco price support program. As a result, the USDA will offer to enter into contracts with eligible tobacco quota holders and growers to provide compensation for the lost value of the quotas and related price support.

    If you are an eligible tobacco quota holder, your contract entitles you to receive total payments of $7 per pound of quota in 10 equal annual payments in fiscal years 2005 through 2014. If you are an eligible tobacco grower, your contract entitles you to receive total payments of up to $3 per pound of quota in 10 equal annual payments in fiscal years 2005 through 2014.

    Tobacco Quota Holders

    Contract payments you receive are considered proceeds from a sale of your tobacco quota as of the date on which you and the USDA enter into the contract. Your taxable gain or loss is the total amount received for your quota reduced by any amount treated as interest (discussed later), over your adjusted basis. The gain or loss is capital or ordinary depending on how you used the quota. See Capital or ordinary gain or loss, later.

    Report the entire gain on your income tax return for the tax year that includes the date you entered into the contract if you elect not to use the installment method.

    Adjusted basis.

    The adjusted basis of your quota is determined differently depending on how you obtained the quota.

  • The basis of a quota derived from an original grant by the federal government is zero.
  • The basis of a purchased quota is the purchase price.
  • The basis of a quota received as a gift is generally the same as the donor's basis. However, under certain circumstances, the basis is increased by the amount of gift taxes paid. If the basis is greater than the fair market value of the quota at the time of the gift, the basis for determining loss is the fair market value.
  • The basis of an inherited quota is generally the fair market value of the quota at the time of the decedent's death.
  • Reduction of basis.

    You are required to reduce the basis of your tobacco quota by the following amounts.

  • Deductions you took for amortization, depletion, or depreciation.
  • Amounts you previously deducted as a loss because of a reduction in the number of pounds of tobacco allowable under the quota.
  • The entire cost of a purchased quota you deducted in an earlier year (which reduces your basis to zero).
  • Amount treated as interest.

    You must reduce your tobacco quota buyout program payment by the amount treated as interest. The interest is reportable as ordinary income. If payments total $3,000 or less, your total quota buyout program payment does not include any amount treated as interest and you are not required to reduce the total payment you receive.

    In all other cases, a portion of each payment may be treated as interest for federal tax purposes. You may be required to reduce your total quota buyout program payment before you calculate your gain or loss. For more information, see Notice 2005-57 on page 267 of Internal Revenue Bulletin 2005-32. This bulletin is available at www.irs.gov/pub/irs-irbs/irb05-32.pdf.

    Installment method.

    You may use the installment method to report a gain if you receive at least one payment after the close of your tax year. Under the installment method, a portion of the gain is taken into account in each year in which a payment is received. See chapter 10 for more information.

    Capital or ordinary gain or loss.

    Whether your gain or loss is ordinary or capital depends on how you used the quota.

    Quota used in the trade or business of farming.

    If you used the quota in the trade or business of farming and you held it for more than one year, you report the transaction as a section 1231 transaction on Form 4797. See Section 1231 transactions under Ordinary or Capital Gain or Loss in chapter 8 for a definition of section 1231 transactions.

    See the Instructions for Form 4797 for detailed information on reporting section 1231 transactions.

    Quota held for investment.

    If you held the quota for investment purposes, any gain or loss is capital gain or loss. The same result also applies if you held the quota for the production of income, though not connected with a trade or business.

    Gain treated as ordinary income.

    If you previously deducted any of the following items, some or all of the capital gain must be recharacterized and reported as ordinary income. Any resulting capital gain is taxed as ordinary income up to the amount previously deducted.

  • The cost of acquiring a quota.
  • Amounts for amortization, depletion, or depreciation.
  • Amounts to reflect a reduction in the quota pounds.
  • You should include the ordinary income on your return for the tax year even if you use the installment method to report the remainder of the gain.

    Self-employment income.

    The tobacco quota buyout payments are not self-employment income.

    Income averaging for farmers.

    The gain or loss resulting from the quota payments does not qualify for income averaging. A tobacco quota is considered an interest in land. Income averaging is not available for gain or loss arising from the sale or other disposition of land.

    Involuntary conversion.

    The buyout of the tobacco quota is not an involuntary conversion.

    Form 1099-S.

    A tobacco quota is considered an interest in land, so the USDA will generally report the total amount you receive under a contract on Form 1099-S if the amount is $600 or more. The USDA will generally report any portion of a payment treated as interest of $600 or more to you on Form 1099-INT for the year in which the payment is made.

    Like-kind exchange of quota.

    You may postpone reporting the gain or loss from tobacco quota buyout payments by entering into a like-kind exchange if you comply with the requirements of section 1031 and the regulations thereunder. See Notice 2005-57 for more information.

    Transitional relief available for purposes of section 1031.

    Transitional relief is available if you applied by June 17, 2005, to enter into a contract with USDA. In determining whether you entered into a like-kind exchange pursuant to section 1031 and the regulations thereunder, the date on which you transfer a quota is deemed to be September 16, 2005. For more information, see Notice 2005-57.

    More information.

    For more information on the taxation of payments to tobacco quota holders, see Notice 2005-57.

    Tobacco Growers

    Contract payments you receive are determined by reference to the amount of quota under which you produced (or planted) quota tobacco during the 2002, 2003, and 2004 tobacco marketing years and are prorated based on the number of years that you produced (or planted) quota tobacco during those years.

    Taxation of payments to tobacco growers.

    At the time this publication was being prepared for print, the IRS had not issued guidance on the federal tax treatment of contract payments to tobacco growers. Additional guidance will be published in the Internal Revenue Bulletin after September of 2005. The Internal Revenue Bulletin is available at www.irs.gov/irb.

    Payment to More Than One Person Form: 1099–G

    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, line 6a or 8a. However, do not report as a taxable amount on line 6b or 8b any amount belonging to someone else.

    See chapter 17 for information about ordering Form 1099-G.

    Income From Cooperatives Cooperatives, income from

    If you buy farm supplies through a cooperative, you may receive income from the cooperative in the form of patronage dividends (refunds). If you sell your farm products through a cooperative, you may receive either patronage dividends or a per-unit retain certificate, explained later, from the cooperative.

    Form 1099-PATR. Form: 1099-PATR

    The cooperative will report the income to you on Form 1099-PATR or a similar form and send a copy to the IRS. Form 1099-PATR may also show an alternative minimum tax adjustment that you must include on Form 6251, Alternative Minimum Tax—Individuals, if you are required to file the form. For information on the alternative minimum tax, see the instructions for Form 6251.

    Patronage Dividends Patronage dividends

    You generally report patronage dividends as income on Schedule F, lines 5a and 5b, for the tax year you receive them. They include the following items.

  • Money paid as a patronage dividend.
  • The stated dollar value of qualified written notices of allocation.
  • The fair market value of other property.
  • Do not report as income on line 5b any patronage dividends from buying personal or family items, capital assets, or depreciable property. Personal items include fuel purchased for personal use, basic local telephone service, and personal long distance calls.

    If you cannot determine what the dividend is for, report it as income on lines 5a and 5b.

    Qualified written notice of allocation.

    If you receive a qualified written notice of allocation as part of a patronage dividend, you must generally include its stated dollar value in your income in the year you receive it. A written notice of allocation is qualified if at least 20% of the patronage dividend is paid in money or by qualified check and either of the following conditions is met.

  • The notice must be redeemable in cash for at least 90 days after it is issued, and you must have received a written notice of your right of redemption