You must classify your gains and losses as either ordinary or capital (and your capital gains or losses as either short-term or long-term). You must do this to figure your net capital gain or loss.
Your net capital gains may be taxed at a lower tax rate than ordinary income. See Capital Gains Tax Rates, later. Your deduction for a net capital loss may be limited. See Treatment of Capital Losses, later. taxmap/pubs/p225-037.htm#en_us_publink100073519
Generally, you will have a capital gain or loss if you sell or exchange a capital asset. You may also have a capital gain if your section 1231 transactions result in a net gain. taxmap/pubs/p225-037.htm#en_us_publink100073520
Section 1231 transactions are sales and exchanges of property held longer than 1 year and either used in a trade or business or held for the production of rents or royalties. They also include certain involuntary conversions of business or investment property, including capital assets. See Section 1231 Gains and Losses in chapter 9 for more information. taxmap/pubs/p225-037.htm#en_us_publink100073521
Almost everything you own and use for personal purposes or investment is a capital asset.
The following items are examples of capital assets.
- A home owned and occupied by you and your family.
- Household furnishings.
- A car used for pleasure. If your car is used both for pleasure and for farm business, it is partly a capital asset and partly a noncapital asset, defined later.
- Stocks and bonds. However, there are special rules for gains on qualified small business stock. For more information on this subject, see Gains on Qualified Small Business Stock and Losses on Section 1244 (Small Business) Stock in chapter 4 of Publication 550.
Property held for personal use is a capital asset. Gain from a sale or exchange of that property is a capital gain and is taxable. Loss from the sale or exchange of that property is not deductible. You can deduct a loss relating to personal-use property only if it results from a casualty or theft. For information about casualties and thefts, see chapter 11. taxmap/pubs/p225-037.htm#en_us_publink100073523
Where you report a capital gain or loss depends on how long you own the asset before you sell or exchange it. The time you own an asset before disposing of it is the holding period.
If you hold a capital asset 1 year or less, the gain or loss resulting from its disposition is short term. Report it in Part I, Schedule D (Form 1040). If you hold a capital asset longer than 1 year, the gain or loss resulting from its disposition is long term. Report it in Part II, Schedule D (Form 1040).taxmap/pubs/p225-037.htm#en_us_publink100073524
To figure if you held property longer than 1 year, start counting on the day after the day you acquired the property. The day you disposed of the property is part of your holding period. taxmap/pubs/p225-037.htm#en_us_publink100073525
If you bought an asset on June 19, 2007, you should start counting on June 20, 2007. If you sold the asset on June 19, 2008, your holding period is not longer than 1 year, but if you sold it on June 20, 2008, your holding period is longer than 1 year.taxmap/pubs/p225-037.htm#en_us_publink100073526
If you inherit property, you are considered to have held the property longer than 1 year, regardless of how long you actually held it. This rule does not apply to livestock used in a farm business. See Holding period under Livestock, later. taxmap/pubs/p225-037.htm#en_us_publink100073527
A nonbusiness bad debt is a short-term capital loss. See chapter 4 of Publication 550. taxmap/pubs/p225-037.htm#en_us_publink100073528
If you acquire an asset in exchange for another asset and your basis for the new asset is figured, in whole or in part, by using your basis in the old property, the holding period of the new property includes the holding period of the old property. That is, it begins on the same day as your holding period for the old property. taxmap/pubs/p225-037.htm#en_us_publink100073529
If you receive a gift of property and your basis in it is figured using the donor's basis, your holding period includes the donor's holding period. taxmap/pubs/p225-037.htm#en_us_publink100073530
To figure how long you held real property, start counting on the day after you received title to it or, if earlier, on the day after you took possession of it and assumed the burdens and privileges of ownership.
However, taking possession of real property under an option agreement is not enough to start the holding period. The holding period cannot start until there is an actual contract of sale. The holding period of the seller cannot end before that time. taxmap/pubs/p225-037.htm#en_us_publink100073531
The totals for short-term capital gains and losses and the totals for long-term capital gains and losses must be figured separately.taxmap/pubs/p225-037.htm#en_us_publink100073532
Combine your short-term capital gains and losses. Do this by totalling all of your short-term capital gains. Then total all of your short-term capital losses. Subtract the lesser total from the greater. The difference is your net short-term capital gain or loss, whichever is greater. taxmap/pubs/p225-037.htm#en_us_publink100073533
Follow the same steps to combine your long-term capital gains and losses. The result is your net long-term capital gain or loss. taxmap/pubs/p225-037.htm#en_us_publink100073534
If the total of your capital gains is more than the total of your capital losses, the difference is taxable. However, part of your gain (but not more than your net capital gain) may be taxed at a lower rate than the rate of tax on your ordinary income. See Capital Gains Tax Rates, later. taxmap/pubs/p225-037.htm#en_us_publink100073535
If the total of your capital losses is more than the total of your capital gains, the difference is deductible. But there are limits on how much loss you can deduct and when you can deduct it. See Treatment of Capital Losses, next. taxmap/pubs/p225-037.htm#en_us_publink100073536
If your capital losses are more than your capital gains, you must claim the difference even if you do not have ordinary income to offset it. For taxpayers other than corporations, the yearly limit on the capital loss you can deduct is $3,000 ($1,500 if you are married and file a separate return). If your other income is low, you may not be able to use the full $3,000. The part of the $3,000 you cannot use becomes part of your capital loss carryover. taxmap/pubs/p225-037.htm#en_us_publink100073537
Generally, you have a capital loss carryover if either of the following situations applies to you.
- Your net loss on Schedule D (Form 1040), line 16, is more than the yearly limit (line 21).
- The amount shown on Form 1040, line 41, (your taxable income without your deduction for exemptions), is less than zero.
If either of these situations applies to you for 2008, see Capital Losses
under Reporting Capital Gains and Losses
in chapter 4 of Publication 550 to figure the amount you can carry over to 2009.
To figure your capital loss carryover from 2008 to 2009, you will need a copy of your 2008 Form 1040 and Schedule D (Form 1040).
The tax rates that apply to a net capital gain are generally lower than the tax rates that apply to other income. These lower rates are called the maximum capital gains rates.
The term "net capital gain" means the amount by which your net long-term capital gain for the year is more than your net short-term capital loss.
See Schedule D (Form 1040) and its instructions.taxmap/pubs/p225-037.htm#en_us_publink100073540
Taxpayers other than corporations generally can exclude from income 50% of their gain from the sale or trade of qualified small business stock held more than 5 years. If the stock is qualified enterprise zone business stock during substantially all of the time you held the stock, you can exclude 60% of your gain. See Publication 954, Tax Incentives for Distressed Communities, and Publication 550 for more information.taxmap/pubs/p225-037.htm#en_us_publink100073541
This is the part of any long-term capital gain on section 1250 property (real property) due to straight-line depreciation. Unrecaptured section 1250 gain cannot be more than the net section 1231 gain or include any gain that is otherwise treated as ordinary income. Use the worksheet in the Schedule D (Form 1040) instructions to figure your unrecaptured section 1250 gain. For more information about section 1250 property and net section 1231 gain, see chapter 3 of Publication 544. taxmap/pubs/p225-037.htm#en_us_publink100073542
Noncapital assets include property such as inventory and depreciable property used in a trade or business. A list of properties that are not capital assets is provided in the Schedule D (Form 1040) instructions. taxmap/pubs/p225-037.htm#en_us_publink100073543
Property you hold mainly for sale to customers, such as livestock, poultry, livestock products, and crops, is a noncapital asset. Gain or loss from sales or other dispositions of this property is reported on Schedule F (Form 1040) (not on Schedule D (Form 1040) or Form 4797). The treatment of this property is discussed in chapter 3. taxmap/pubs/p225-037.htm#en_us_publink100073544
Land and depreciable property you use in farming are not capital assets. They also include livestock held for draft, breeding, dairy, or sporting purposes. However, your gains and losses from sales and exchanges of your farmland and depreciable properties must be considered together with certain other transactions to determine whether the gains and losses are treated as capital or ordinary gains and losses. The sales of these business assets are reported on Form 4797. See chapter 9 for more information. taxmap/pubs/p225-037.htm#en_us_publink100073545
Hedging transactions are transactions that you enter into in the normal course of business primarily to manage the risk of interest rate or price changes, or currency fluctuations, with respect to borrowings, ordinary property, or ordinary obligations. Ordinary property or obligations are those that cannot produce capital gain or loss if sold or exchanged.
A commodity futures contract is a standardized, exchange-traded contract for the sale or purchase of a fixed amount of a commodity at a future date for a fixed price. The holder of an option on a futures contract has the right (but not the obligation) for a specified period of time to enter into a futures contract to buy or sell at a particular price. A forward contract is generally similar to a futures contract except that the terms are not standardized and the contract is not exchange traded.
Businesses may enter into commodity futures contracts or forward contracts and may acquire options on commodity futures contracts as either of the following.
- Hedging transactions.
- Transactions that are not hedging transactions.
Futures transactions with exchange-traded commodity futures contracts that are not hedging transactions, generally, result in capital gain or loss and are, generally, subject to the mark-to-market rules discussed in Publication 550. There is a limit on the amount of capital losses you can deduct each year. Hedging transactions are not subject to the mark-to-market rules.
If, as a farmer-producer, to protect yourself from the risk of unfavorable price fluctuations, you enter into commodity forward contracts, futures contracts, or options on futures contracts and the contracts cover an amount of the commodity within your range of production, the transactions are generally considered hedging transactions. They can take place at any time you have the commodity under production, have it on hand for sale, or reasonably expect to have it on hand.
The gain or loss on the termination of these hedges is generally ordinary gain or loss. Farmers who file their income tax returns on the cash method report any profit or loss on the hedging transaction on Schedule F, line 10.
Gain or loss on transactions that hedge supplies of a type regularly used or consumed in the ordinary course of its trade or business may be ordinary.
If you have numerous transactions in the commodity futures market during the year, you must be able to show which transactions are hedging transactions. Clearly identify a hedging transaction on your books and records before the end of the day you entered into the transaction. It may be helpful to have separate brokerage accounts for your hedging and speculation transactions.
The identification must not only be on, and retained as part of, your books and records but must specify both the hedging transaction and the item(s) or aggregate risk that is being hedged. Although the identification of the hedging transaction must be made before the end of the day it was entered into, you have 35 days after entering into the transaction to identify the hedged item(s) or risk.
For more information on the tax treatment of futures and options contracts, see Commodity Futures and Section 1256 Contracts Marked to Market in Publication 550.taxmap/pubs/p225-037.htm#en_us_publink100073547
The accounting method you use for a hedging transaction must clearly reflect income. This means that your accounting method must reasonably match the timing of income, deduction, gain, or loss from a hedging transaction with the timing of income, deduction, gain, or loss from the item or items being hedged. There are requirements and limits on the method you can use for certain hedging transactions. See Regulations section 1.446-4(e) for those requirements and limits.
Hedging transactions must be accounted for under the rules stated above unless the transaction is subject to mark-to-market accounting under section 475 or you use an accounting method other than the following methods.
- Cash method.
- Farm-price method.
- Unit-livestock-price method.
Once you adopt a method, you must apply it consistently and must have IRS approval before changing it.
Your books and records must describe the accounting method used for each type of hedging transaction. They must also contain any additional identification necessary to verify the application of the accounting method you used for the transaction. You must make the additional identification no more than 35 days after entering into the hedging transaction. taxmap/pubs/p225-037.htm#en_us_publink100073548
You file your income tax returns on the cash method. On July 2, 2008, you anticipate a yield of 50,000 bushels of corn this year. The present December 2008, futures price is $2.75 a bushel, but there are indications that by harvest time the price will drop. To protect yourself against a drop in the price, you enter into the following hedging transaction. You sell 10 December 2008, futures contracts of 5,000 bushels each for a total of 50,000 bushels of corn at $2.75 a bushel.
The price did not drop as anticipated but rose to $3 a bushel. In November, you sell your crop at a local elevator for $3 a bushel. You also close out your futures position by buying 10 December 2008, contracts for $3 a bushel. You paid a broker's commission of $1,400 ($70 per contract) for the complete in and out position in the futures market.
The result is that the price of corn rose 25 cents a bushel and the actual selling price is $3 a bushel. Your loss on the hedge is 25 cents a bushel. In effect, the net selling price of your corn is $2.75 a bushel.
Report the results of your futures transactions and your sale of corn separately on Schedule F.
The loss on your futures transactions is $13,900, figured as follows.
|July 2, 2008 - Sold December 2008, corn futures (50,000 bu. @$2.75)||$137,500|
|Nov. 6, 2008 - Bought December 2008, corn futures (50,000 bu. @$3 plus broker's commission)||151,400|
This loss is reported as a negative figure on Schedule F, Part I, line 10.
The proceeds from your corn sale at the local elevator are $150,000 (50,000 bu. × $3). Report it on Schedule F, Part I, line 4.
Assume you were right and the price went down 25 cents a bushel. In effect, you would still net $2.75 a bushel, figured as follows.
|Sold cash corn, per bushel||$2.50|
|Gain on hedge, per bushel||.25|
|Net price, per bushel||$2.75|
The gain on your futures transactions would have been $11,100, figured as follows.
|July 2, 2008 - Sold December 2008, corn futures (50,000 bu. @$2.75)||$137,500|
|Nov. 6, 2008 - Bought December 2008, corn futures (50,000 bu. @$2.50 plus broker's commission)||126,400|
The $11,100 is reported on Schedule F, Part I, line 10.
The proceeds from the sale of your corn at the local elevator, $125,000, are reported on Schedule F, Part I, line 4.taxmap/pubs/p225-037.htm#en_us_publink100073549
This part discusses the sale or exchange of livestock used in your farm business. Gain or loss from the sale or exchange of this livestock may qualify as a section 1231 gain or loss. However, any part of the gain that is ordinary income from the recapture of depreciation is not included as section 1231 gain. See chapter 9 for more information on section 1231 gains and losses and the recapture of depreciation under section 1245.
The rules discussed here do not apply to the sale of livestock held primarily for sale to customers. The sale of this livestock is reported on Schedule F. See chapter 3.
The sale or exchange of livestock used in your farm business (defined below) qualifies as a section 1231 transaction if you held the livestock for 12 months or more (24 months or more for horses and cattle). taxmap/pubs/p225-037.htm#en_us_publink100073552
For section 1231 transactions, livestock includes cattle, hogs, horses, mules, donkeys, sheep, goats, fur-bearing animals (such as mink), and other mammals. Livestock does not include chickens, turkeys, pigeons, geese, emus, ostriches, rheas, or other birds, fish, frogs, reptiles, etc. taxmap/pubs/p225-037.htm#en_us_publink100073553
If livestock is held primarily for draft, breeding, dairy, or sporting purposes, it is used in your farm business. The purpose for which an animal is held ordinarily is determined by a farmer's actual use of the animal. An animal is not held for draft, breeding, dairy, or sporting purposes merely because it is suitable for that purpose, or because it is held for sale to other persons for use by them for that purpose. However, a draft, breeding, or sporting purpose may be present if an animal is disposed of within a reasonable time after it is prevented from its intended use or made undesirable as a result of an accident, disease, drought, or unfitness of the animal.taxmap/pubs/p225-037.htm#en_us_publink100073554
You discover an animal that you intend to use for breeding purposes is sterile. You dispose of it within a reasonable time. This animal was held for breeding purposes.taxmap/pubs/p225-037.htm#en_us_publink100073555
You retire and sell your entire herd, including young animals that you would have used for breeding or dairy purposes had you remained in business. These young animals were held for breeding or dairy purposes. Also, if you sell young animals to reduce your breeding or dairy herd because of drought, these animals are treated as having been held for breeding or dairy purposes.taxmap/pubs/p225-037.htm#en_us_publink100073556
You are in the business of raising hogs for slaughter. Customarily, before selling your sows, you obtain a single litter of pigs that you will raise for sale. You sell the brood sows after obtaining the litter. Even though you hold these brood sows for ultimate sale to customers in the ordinary course of your business, they are considered to be held for breeding purposes.taxmap/pubs/p225-037.htm#en_us_publink100073557
You are in the business of raising registered cattle for sale to others for use as breeding cattle. The business practice is to breed the cattle before sale to establish their fitness as registered breeding cattle. Your use of the young cattle for breeding purposes is ordinary and necessary for selling them as registered breeding cattle. Such use does not demonstrate that you are holding the cattle for breeding purposes. However, those cattle you held as additions or replacements to your own breeding herd to produce calves are considered to be held for breeding purposes, even though they may not actually have produced calves. The same applies to hog and sheep breeders.taxmap/pubs/p225-037.htm#en_us_publink100073558
You are in the business of breeding and raising mink that you pelt for the fur trade. You take breeders from the herd when they are no longer useful as breeders and pelt them. Although these breeders are processed and pelted, they are still considered to be held for breeding purposes. The same applies to breeders of other fur-bearing animals.taxmap/pubs/p225-037.htm#en_us_publink100073559
You breed, raise, and train horses for racing purposes. Every year you cull horses from your racing stable. In 2008, you decided that to prevent your racing stable from getting too large to be effectively operated, you must cull six horses that had been raced at public tracks in 2007. These horses are all considered held for sporting purposes.taxmap/pubs/p225-037.htm#en_us_publink100073560
Farmers or ranchers who use the cash method of accounting figure their gain or loss on the sale of livestock used in their farming business as follows.taxmap/pubs/p225-037.htm#en_us_publink100073561
Gain on the sale of raised livestock is generally the gross sales price reduced by any expenses of the sale. Expenses of sale include sales commissions, freight or hauling from farm to commission company, and other similar expenses. The basis of the animal sold is zero if the costs of raising it were deducted during the years the animal was being raised. However, see Uniform Capitalization Rules in chapter 6. taxmap/pubs/p225-037.htm#en_us_publink100073562
The gross sales price minus your adjusted basis and any expenses of sale is the gain or loss. taxmap/pubs/p225-037.htm#en_us_publink100073563
A farmer sold a breeding cow on January 8, 2008, for $1,250. Expenses of the sale were $125. The cow was bought July 2, 2004, for $1,300. Depreciation (not less than the amount allowable) was $867.
|Gross sales price||$1,250|
|Cost (basis)||$1,300|| |
|Minus: Depreciation deduction||867|| |
|$ 433|| |
|Expense of sale||125||558|
|Gain realized||$ 692|
Special rules apply to dispositions of land converted to farming use after March 1, 1986. Any gain realized on the disposition of converted wetland or highly erodible cropland is treated as ordinary income. Any loss on the disposition of such property is treated as a long-term capital loss. taxmap/pubs/p225-037.htm#en_us_publink100073565
This is generally land that was drained or filled to make the production of agricultural commodities possible. It includes converted wetland held by the person who originally converted it or held by any other person who used the converted wetland at any time after conversion for farming.
A wetland (before conversion) is land that meets all the following conditions.
- It is mostly soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an oxygen-deficient state that supports the growth and regeneration of plants growing in water.
- It is saturated by surface or groundwater at a frequency and duration sufficient to support mostly plants that are adapted for life in saturated soil.
- It supports, under normal circumstances, mostly plants that grow in saturated soil.
This is cropland subject to erosion that you used at any time for farming purposes other than grazing animals. Generally, highly erodible cropland is land currently classified by the Department of Agriculture as Class IV, VI, VII, or VIII under its classification system. Highly erodible cropland also includes land that would have an excessive average annual erosion rate in relation to the soil loss tolerance level, as determined by the Department of Agriculture. taxmap/pubs/p225-037.htm#en_us_publink100073567
Converted wetland or highly erodible cropland is also land held by any person whose basis in the land is figured by reference to the adjusted basis of a person in whose hands the property was converted wetland or highly erodible cropland. taxmap/pubs/p225-037.htm#en_us_publink100073568
Standing timber you held as investment property is a capital asset. Gain or loss from its sale is capital gain or loss reported on Schedule D (Form 1040). If you held the timber primarily for sale to customers, it is not a capital asset. Gain or loss on its sale is ordinary business income or loss. It is reported on Schedule F, line 1 (purchased timber) or line 4 (raised timber).
Farmers who cut timber on their land and sell it as logs, firewood, or pulpwood usually have no cost or other basis for that timber. These sales constitute a very minor part of their farm businesses. Amounts realized from these minor sales, and the expenses incurred in cutting, hauling, etc., are ordinary farm income and expenses reported on Schedule F.
Different rules apply if you owned the timber longer than 1 year and elect to treat timber cutting as a sale or exchange or you enter into a cutting contract, discussed below.taxmap/pubs/p225-037.htm#en_us_publink100073569
Timber is considered cut on the date when, in the ordinary course of business, the quantity of felled timber is first definitely determined. This is true whether the timber is cut under contract or whether you cut it yourself. taxmap/pubs/p225-037.htm#en_us_publink100073570
Evergreen trees, such as Christmas trees, that are more than 6 years old when severed from their roots and sold for ornamental purposes are included in the term timber. They qualify for both rules discussed below. taxmap/pubs/p225-037.htm#en_us_publink100073571
Under the general rule, the cutting of timber results in no gain or loss. It is not until a sale or exchange occurs that gain or loss is realized. But if you owned or had a contractual right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in the year it is cut. Even though the cut timber is not actually sold or exchanged, you report your gain or loss on the cutting for the year the timber is cut. Any later sale results in ordinary business income or loss.
To elect this treatment, you must:
- Own or hold a contractual right to cut the timber for a period of more than 1 year before it is cut, and
- Cut the timber for sale or use in your trade or business.
You make the election on your return for the year the cutting takes place by including in income the gain or loss on the cutting and including a computation of your gain or loss. You do not have to make the election in the first year you cut the timber. You can make it in any year to which the election would apply. If the timber is partnership property, the election is made on the partnership return. This election cannot be made on an amended return.
Once you have made the election, it remains in effect for all later years unless you cancel it.taxmap/pubs/p225-037.htm#en_us_publink100073573
If you previously elected for any tax year ending before October 23, 2004, to treat the cutting of timber as a sale or exchange under section 631(a), you may revoke this election without the consent of the IRS for any tax year ending after October 22, 2004. The prior election (and revocation) is disregarded for purposes of making a subsequent election. See Form T (Timber), Forest Activities Schedule, for more information.taxmap/pubs/p225-037.htm#en_us_publink100073574
Your gain or loss on the cutting of standing timber is the difference between its adjusted basis for depletion and its fair market value on the first day of your tax year in which it is cut.
Your adjusted basis for depletion of cut timber is based on the number of units (board feet, log scale, or other units) of timber cut during the tax year and considered to be sold or exchanged. Your adjusted basis for depletion is also based on the depletion unit of timber in the account used for the cut timber, and should be figured in the same manner as shown in section 611 and Regulations section 1.611-3.
Depletion of timber is discussed in chapter 7.taxmap/pubs/p225-037.htm#en_us_publink100073575
In April 2008, you owned 4,000 MBF (1,000 board feet) of standing timber longer than 1 year. It had an adjusted basis for depletion of $40 per MBF. You are a calendar year taxpayer. On January 1, 2008, the timber had a fair market value (FMV) of $350 per MBF. It was cut in April for sale. On your 2008 tax return, you elect to treat the cutting of the timber as a sale or exchange. You report the difference between the FMV and your adjusted basis for depletion as a gain. This amount is reported on Form 4797 along with your other section 1231 gains and losses to figure whether it is treated as a capital gain or as ordinary gain. You figure your gain as follows.
|FMV of timber January 1, 2008||$1,400,000|
|Minus: Adjusted basis for depletion||160,000|
|Section 1231 gain||$1,240,000|
The FMV becomes your basis in the cut timber, and a later sale of the cut timber, including any by-product or tree tops, will result in ordinary business income or loss. taxmap/pubs/p225-037.htm#en_us_publink100073576
Outright sales of timber by landowners qualify for capital gains treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined later). However, for outright sales, the date of disposal is not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see Date of disposal below).taxmap/pubs/p225-037.htm#en_us_publink100073577
You must treat the disposal of standing timber under a cutting contract as a section 1231 transaction if all the following apply to you.
- You are the owner of the timber.
- You held the timber longer than 1 year before its disposal.
- You kept an economic interest in the timber.
You have kept an economic interest in standing timber if, under the cutting contract, the expected return on your investment is conditioned on the cutting of the timber.
The difference between the amount realized from the disposal of the timber and its adjusted basis for depletion is treated as gain or loss on its sale. Include this amount on Form 4797 along with your other section 1231 gains or losses to figure whether it is treated as capital or ordinary gain or loss.taxmap/pubs/p225-037.htm#en_us_publink100073578
The date of disposal is the date the timber is cut. However, for outright sales by landowners or if you receive payment under the contract before the timber is cut, you can elect to treat the date of payment as the date of disposal.
This election applies only to figure the holding period of the timber. It has no effect on the time for reporting gain or loss (generally when the timber is sold or exchanged).
To make this election, attach a statement to the tax return filed by the due date (including extensions) for the year payment is received. The statement must identify the advance payments subject to the election and the contract under which they were made.
If you timely filed your return for the year you received payment without making the election, you can still make the election by filing an amended return within 6 months after the due date for that year's return (excluding extensions). Attach the statement to the amended return and write "Filed pursuant to section 301.9100-2" at the top of the statement. File the amended return at the same address the original return was filed. taxmap/pubs/p225-037.htm#en_us_publink100073579
An owner is any person who owns an interest in the timber, including a sublessor and the holder of a contract to cut the timber. You own an interest in timber if you have the right to cut it for sale on your own account or for use in your business. taxmap/pubs/p225-037.htm#en_us_publink100073580
Tree stumps are a capital asset if they are on land held by an investor who is not in the timber or stump business as a buyer, seller, or processor. Gain from the sale of stumps sold in one lot by such a holder is taxed as a capital gain. However, tree stumps held by timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Gain from the sale of stumps in lots or tonnage by such operators is taxed as ordinary income.
See Form T (Timber), Forest Activities Schedule, and its separate instructions for more information about dispositions of timber. taxmap/pubs/p225-037.htm#en_us_publink100073581
The sale of your farm will usually involve the sale of both nonbusiness property (your home) and business property (the land and buildings used in the farm operation and perhaps machinery and livestock). If you have a gain from the sale, you may be allowed to exclude the gain on your home. For more information, see Publication 523, Selling Your Home.
The gain on the sale of your business property is taxable. A loss on the sale of your business property to an unrelated person is deducted as an ordinary loss. Losses from nonbusiness property, other than casualty or theft losses, are not deductible. If you receive payments for your farm in installments, your gain is taxed over the period of years the payments are received, unless you elect not to use the installment method of reporting the gain. See chapter 10 for information about installment sales.
When you sell your farm, the gain or loss on each asset is figured separately. The tax treatment of gain or loss on the sale of each asset is determined by the classification of the asset. Each of the assets sold must be classified as one of the following.
- Capital asset held 1 year or less.
- Capital asset held longer than 1 year.
- Property (including real estate) used in your business and held 1 year or less (including draft, breeding, dairy, and sporting animals held less than the holding periods discussed earlier under Livestock).
- Property (including real estate) used in your business and held longer than 1 year (including only draft, breeding, dairy, and sporting animals held for the holding periods discussed earlier).
- Property held primarily for sale or which is of the kind that would be included in inventory if on hand at the end of your tax year.
The sale of a farm for a lump sum is considered a sale of each individual asset rather than a single asset. The residual method is required only if the group of assets sold constitutes a trade or business. This method determines gain or loss from the transfer of each asset. It also determines the buyer's basis in the business assets. taxmap/pubs/p225-037.htm#en_us_publink100073583
The buyer's consideration is the cost of the assets acquired. The seller's consideration is the amount realized (money plus the fair market value of property received) from the sale of assets. taxmap/pubs/p225-037.htm#en_us_publink100073584
The residual method must be used for any transfer of a group of assets that constitutes a trade or business and for which the buyer's basis is determined only by the amount paid for the assets. This applies to both direct and indirect transfers, such as the sale of a business or the sale of a partnership interest in which the basis of the buyer's share of the partnership assets is adjusted for the amount paid under section 743(b). Section 743(b) applies if a partnership has an election in effect under section 754.
A group of assets constitutes a trade or business if either of the following applies.
- Goodwill or going concern value could, under any circumstances, attach to them.
- The use of the assets would constitute an active trade or business under section 355.
The residual method provides for the consideration to be reduced first by the cash, and general deposit accounts (including checking and savings accounts but excluding certificates of deposit). The consideration remaining after this reduction must be allocated among the various business assets in a certain order.
For asset acquisitions occurring after March 15, 2001, make the allocation among the following assets in proportion to (but not more than) their fair market value on the purchase date in the following order.
- Certificates of deposit, U.S. Government securities, foreign currency, and actively traded personal property, including stock and securities.
- Accounts receivable, other debt instruments, and assets that you mark to market at least annually for federal income tax purposes. However, see Regulations section 1.338-6(b)(2)(iii) for exceptions that apply to debt instruments issued by persons related to a target corporation, contingent debt instruments, and debt instruments convertible into stock or other property.
- Property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held by the taxpayer primarily for sale to customers in the ordinary course of business.
- All other assets except section 197 intangibles.
- Section 197 intangibles (other than goodwill and going concern value).
- Goodwill and going concern value (whether or not the goodwill or going concern value qualifies as a section 197 intangible).
If an asset described in (1) through (6) is includible in more than one category, include it in the lower number category. For example, if an asset is described in both (4) and (6), include it in (4).
The rules for excluding the gain on the sale of your home, described later under Sale of your home, do not apply to the property used for your farming business. Recognized gains and losses on business property must be reported on your return for the year of the sale. If the property was held longer than 1 year, it may qualify for section 1231 treatment (see chapter 9). taxmap/pubs/p225-037.htm#en_us_publink100073586
You sell your farm, including your main home, which you have owned since December 1999. You realize gain on the sale as follows.
| ||Farm|| ||Farm|
|Cost (or other basis)||40,000||10,000||30,000|
You must report the $94,000 gain from the sale of the property used in your farm business. All or a part of that gain may have to be reported as ordinary income from the recapture of depreciation or soil and water conservation expenses. Treat the balance as section 1231 gain.
The $48,000 gain from the sale of your home is not taxable as long as you meet the requirements explained later under Gain on sale of your main home. taxmap/pubs/p225-037.htm#en_us_publink100073587
If you sell only part of your farm, you must report any recognized gain or loss on the sale of that part on your tax return for the year of the sale. You cannot wait until you have sold enough of the farm to recover its entire cost before reporting gain or loss. taxmap/pubs/p225-037.htm#en_us_publink100073588
This is the properly allocated part of your original cost or other basis of the entire farm plus or minus necessary adjustments for improvements, depreciation, etc., on the part sold. If your home is on the farm, you must properly adjust the basis to exclude those costs from your farm asset costs, as discussed below under Sale of your home. taxmap/pubs/p225-037.htm#en_us_publink100073589
You bought a 600-acre farm for $700,000. The farm included land and buildings. The purchase contract designated $600,000 of the purchase price to the land. You later sold 60 acres of land on which you had installed a fence. Your adjusted basis for the part of your farm sold is $60,000 (1/10 of $600,000), plus any unrecovered cost (cost not depreciated) of the fence on the 60 acres at the time of sale. Use this amount to determine your gain or loss on the sale of the 60 acres.taxmap/pubs/p225-037.htm#en_us_publink100073590
If you paid a flat sum for the entire farm and no other facts are available for properly allocating your original cost or other basis between the land and the buildings, you can use the assessed values for local property taxes for the year of purchase to allocate the costs.taxmap/pubs/p225-037.htm#en_us_publink100073591
Assume that in the preceding example there was no breakdown of the $700,000 purchase price between land and buildings. However, in the year of purchase, local taxes on the entire property were based on assessed valuations of $420,000 for land and $140,000 for improvements, or a total of $560,000. The assessed valuation of the land is 3/4 (75%) of the total assessed valuation. Multiply the $700,000 total purchase price by 75% to figure basis of $525,000 for the 600 acres of land. The unadjusted basis of the 60 acres you sold would then be $52,500 (1/10 of $525,000).taxmap/pubs/p225-037.htm#en_us_publink100073592
Your home is a capital asset and not property used in the trade or business of farming. If you sell a farm that includes a house you and your family occupy, you must determine the part of the selling price and the part of the cost or other basis allocable to your home. Your home includes the immediate surroundings and outbuildings relating to it that are not used for business purposes.
If you use part of your home for business, you must make an appropriate adjustment to the basis for depreciation allowed or allowable. For more information on basis, see chapter 6.taxmap/pubs/p225-037.htm#en_us_publink100073593
For more information on selling your home, see Publication 523.taxmap/pubs/p225-037.htm#en_us_publink100073594
If you have a gain from a condemnation or sale under threat of condemnation, you may use the preceding rules for excluding the gain, rather than the rules discussed under Postponing Gain in chapter 11. However, any gain that cannot be excluded (because it is more than the limit) may be postponed under the rules discussed under Postponing Gain in chapter 11. taxmap/pubs/p225-037.htm#en_us_publink100073595
If you do not make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. The foreclosure or repossession is treated as a sale or exchange from which you may realize gain or loss. This is true even if you voluntarily return the property to the lender. You may also realize ordinary income from cancellation of debt if the loan balance is more than the fair market value of the property. taxmap/pubs/p225-037.htm#en_us_publink100073596
You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale or exchange. The gain or loss is the difference between your adjusted basis in the transferred property and the amount realized. See Determining Gain or Loss, earlier.
You can use Worksheet 8-1 to figure your gain or loss from a foreclosure or repossession.
If you are not personally liable for repaying the debt (nonrecourse debt) secured by the transferred property, the amount you realize includes the full amount of the debt canceled by the transfer. The total canceled debt is included in the amount realized even if the fair market value of the property is less than the canceled debt. taxmap/pubs/p225-037.htm#en_us_publink100073599
Ann paid $200,000 for land used in her farming business. She paid $15,000 down and borrowed the remaining $185,000 from a bank. Ann is not personally liable for the loan (nonrecourse debt), but pledges the land as security. The bank foreclosed on the loan 2 years after Ann stopped making payments. When the bank foreclosed, the balance due on the loan was $180,000 and the fair market value of the land was $170,000. The amount Ann realized on the foreclosure was $180,000, the debt canceled by the foreclosure. She figures her gain or loss on Form 4797, Part I, by comparing the amount realized ($180,000) with her adjusted basis ($200,000). She has a $20,000 deductible loss.taxmap/pubs/p225-037.htm#en_us_publink100073600
Assume the same facts as in Example 1 except the fair market value of the land was $210,000. The result is the same. The amount Ann realized on the foreclosure is $180,000, the debt canceled by the foreclosure. Because her adjusted basis is $200,000, she has a deductible loss of $20,000, which she reports on Form 4797, Part I.taxmap/pubs/p225-037.htm#en_us_publink100073601
If you are personally liable for repaying the debt (recourse debt), the amount realized on the foreclosure or repossession does not include the canceled debt that is income from cancellation of debt. However, if the fair market value of the transferred property is less than the canceled debt, the amount realized includes the canceled debt up to the fair market value of the property. You are treated as receiving ordinary income from the canceled debt for the part of the debt that is more than the fair market value. See Cancellation of debt, later. taxmap/pubs/p225-037.htm#en_us_publink100073602
Assume the same facts as in Example 1 above except Ann is personally liable for the loan (recourse debt). In this case, the amount she realizes is $170,000. This is the canceled debt ($180,000) up to the fair market value of the land ($170,000). Ann figures her gain or loss on the foreclosure by comparing the amount realized ($170,000) with her adjusted basis ($200,000). She has a $30,000 deductible loss, which she figures on Form 4797, Part I. She is also treated as receiving ordinary income from cancellation of debt. That income is $10,000 ($180,000 − $170,000). This is the part of the canceled debt not included in the amount realized. She reports this income on Schedule F, line 10.taxmap/pubs/p225-037.htm#en_us_publink100073603
If you finance a buyer's purchase of property and later acquire an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. For more information, see Repossession in Publication 537, Installment Sales.taxmap/pubs/p225-037.htm#en_us_publink100073604
If property that is repossessed or foreclosed upon secures a debt for which you are personally liable (recourse debt), you generally must report as ordinary income the amount by which the canceled debt is more than the fair market value of the property. This income is separate from any gain or loss realized from the foreclosure or repossession. Report the income from cancellation of a business debt on Schedule F, line 10. Report the income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040, line 21.
You can use Worksheet 8-1 to figure your income from cancellation of debt.
However, income from cancellation of debt is not taxed if any of the following apply.
- The cancellation is intended as a gift.
- The debt is qualified farm debt (see chapter 3).
- The debt is qualified real property business debt (see chapter 5 of Publication 334).
- You are insolvent or bankrupt (see chapter 3).
- The debt is qualified principal residence indebtedness (see chapter 3).
- The discharge of certain indebtedness of a qualified individual because of Midwestern disasters (see Publication 4492-B).
The abandonment of property is a disposition of property. You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership, but without passing it on to anyone else. taxmap/pubs/p225-037.htm#en_us_publink100073607
Loss from abandonment of business or investment property is deductible as an ordinary loss, even if the property is a capital asset. The loss is the property's adjusted basis when abandoned. This rule also applies to leasehold improvements the lessor made for the lessee. However, if the property is later foreclosed on or repossessed, gain or loss is figured as discussed earlier, under Foreclosure or Repossession.
The abandonment loss is deducted in the tax year in which the loss is sustained. Report the loss on Form 4797, Part II, line 10. taxmap/pubs/p225-037.htm#en_us_publink100073608
Abena lost her contract with the local poultry processor and abandoned poultry facilities that she built for $100,000. At the time she abandoned the facilities, her mortgage balance was $85,000. She has a deductible loss of $66,554 (her adjusted basis). If the bank later forecloses on the loan or repossesses the facilities, she will have to figure her gain or loss as discussed, earlier, under Foreclosure or Repossession.taxmap/pubs/p225-037.htm#en_us_publink100073609
You cannot deduct any loss from abandonment of your home or other property held for personal use. taxmap/pubs/p225-037.htm#en_us_publink100073610
If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you will realize ordinary income equal to the canceled debt. This income is separate from any loss realized from abandonment of the property. Report income from cancellation of a debt related to a business or rental activity as business or rental income. Report income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040, line 21.
However, income from cancellation of debt is not taxed in certain circumstances. See Cancellation of debt, earlier, under Foreclosure or Repossession. taxmap/pubs/p225-037.htm#en_us_publink100073611
A lender who acquires an interest in your property in a foreclosure, repossession, or abandonment should send you Form 1099-A showing the information you need to figure your loss from the foreclosure, repossession, or abandonment. However, if the lender cancels part of your debt and the lender must file Form 1099-C, the lender may include the information about the foreclosure, repossession, or abandonment on that form instead of Form 1099-A. The lender must file Form 1099-C and send you a copy if the canceled debt is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. For foreclosures, repossessions, abandonments of property, and debt cancellations occurring in 2008, these forms should be sent to you by January 31, 2009.
Worksheet 8-1.Worksheet for Foreclosures and Repossessions
|Part 1. Figure your income from cancellation of debt. (Note: If you are |
not personally liable for the debt, you do not have income
from cancellation of debt. Skip Part 1 and go to Part 2.)
|1. Enter the amount of debt canceled by the transfer of property || |
|2. Enter the fair market value of the transferred property || |
|3. Income from cancellation of debt.* Subtract line 2 from line 1. If |
less than zero, enter zero
|Part 2. Figure your gain or loss from foreclosure or repossession. || |
|4. Enter the smaller of line 1 or line 2. Also include any proceeds you|
received from the foreclosure sale. (If you are not personally liable
for the debt, enter the amount of debt canceled by the transfer of
|5. Enter the adjusted basis of the transferred property || |
|6. Gain or loss from foreclosure or repossession. Subtract line 5 |
from line 4
|* The income may not be taxable. See Cancellation of debt.|