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Freetaxusa2010Freetaxusa2010 9. Freetaxusa2010 Dispositions of Property Used in Farming Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Section 1231 Gains and LossesNonrecaptured section 1231 losses. Freetaxusa2010 Depreciation RecaptureSection 1245 Property Section 1250 Property Installment Sale Other Dispositions Other GainsExceptions. Freetaxusa2010 Amount to report as ordinary income. Freetaxusa2010 Applicable percentage. Freetaxusa2010 Amount to report as ordinary income. Freetaxusa2010 Applicable percentage. Freetaxusa2010 Introduction When you dispose of property used in your farm business, your taxable gain or loss is usually treated as ordinary income (which is taxed at the same rates as wages and interest income) or capital gain (which is generally taxed at lower rates) under the rules for section 1231 transactions. Freetaxusa2010 When you dispose of depreciable property (section 1245 property or section 1250 property) at a gain, you may have to recognize all or part of the gain as ordinary income under the depreciation recapture rules. Freetaxusa2010 Any gain remaining after applying the depreciation recapture rules is a section 1231 gain, which may be taxed as a capital gain. Freetaxusa2010 Gains and losses from property used in farming are reported on Form 4797, Sales of Business Property. Freetaxusa2010 Table 9-1 contains examples of items reported on Form 4797 and refers to the part of that form on which they first should be reported. Freetaxusa2010 Topics - This chapter discusses: Section 1231 gains and losses Depreciation recapture Other gains Useful Items - You may want to see: Publication 544 Sales and Other Dispositions of Assets Form (and Instructions) 4797 Sales of Business Property See chapter 16 for information about getting publications and forms. Freetaxusa2010 Section 1231 Gains and Losses Section 1231 gains and losses are the taxable gains and losses from section 1231 transactions (explained below). Freetaxusa2010 Their treatment as ordinary or capital gains depends on whether you have a net gain or a net loss from all of your section 1231 transactions in the tax year. Freetaxusa2010 Table 9-1. Freetaxusa2010 Where to First Report Certain Items on Form 4797 Type of property Held 1 year or less Held more than 1 year 1 Depreciable trade or business property: a Sold or exchanged at a gain Part II Part III (1245, 1250) b Sold or exchanged at a loss Part II Part I 2 Farmland held less than 10 years for which soil, water, or land clearing expenses were deducted: a Sold at a gain Part II Part III (1252) b Sold at a loss Part II Part I 3 All other farmland Part II Part I 4 Disposition of cost-sharing payment property described in section 126 Part II Part III (1255) 5 Cattle and horses used in a trade or business for draft, breeding, dairy, or sporting purposes: Held less than 24 mos. Freetaxusa2010 Held 24 mos. Freetaxusa2010 or more a Sold at a gain Part II Part III (1245) b Sold at a loss Part II Part I c Raised cattle and horses sold at a gain Part II Part I 6 Livestock other than cattle and horses used in a trade or business for draft, breeding, dairy, or sporting purposes: Held less than 12 mos. Freetaxusa2010 Held 12 mos. Freetaxusa2010 or more a Sold at a gain Part II Part III (1245) b Sold at a loss Part II Part I c Raised livestock sold at a gain Part II Part I If you have a gain from a section 1231 transaction, first determine whether any of the gain is ordinary income under the depreciation recapture rules (explained later). Freetaxusa2010 Do not take that gain into account as section 1231 gain. Freetaxusa2010 Section 1231 transactions. Freetaxusa2010 Gain or loss on the following transactions is subject to section 1231 treatment. Freetaxusa2010 Sale or exchange of cattle and horses. Freetaxusa2010 The cattle and horses must be held for draft, breeding, dairy, or sporting purposes and held for 24 months or longer. Freetaxusa2010 Sale or exchange of other livestock. Freetaxusa2010 This livestock must be held for draft, breeding, dairy, or sporting purposes and held for 12 months or longer. Freetaxusa2010 Other livestock includes hogs, mules, sheep, goats, donkeys, and other fur-bearing animals. Freetaxusa2010 Other livestock does not include poultry. Freetaxusa2010 Sale or exchange of depreciable personal property. Freetaxusa2010 This property must be used in your business and held longer than 1 year. Freetaxusa2010 Generally, property held for the production of rents or royalties is considered to be used in a trade or business. Freetaxusa2010 Examples of depreciable personal property include farm machinery and trucks. Freetaxusa2010 It also includes amortizable section 197 intangibles. Freetaxusa2010 Sale or exchange of real estate. Freetaxusa2010 This property must be used in your business and held longer than 1 year. Freetaxusa2010 Examples are your farm or ranch (including barns and sheds). Freetaxusa2010 Sale or exchange of unharvested crops. Freetaxusa2010 The crop and land must be sold, exchanged, or involuntarily converted at the same time and to the same person, and the land must have been held longer than 1 year. Freetaxusa2010 You cannot keep any right or option to reacquire the land directly or indirectly (other than a right customarily incident to a mortgage or other security transaction). Freetaxusa2010 Growing crops sold with a leasehold on the land, even if sold to the same person in a single transaction, are not included. Freetaxusa2010 Distributive share of partnership gains and losses. Freetaxusa2010 Your distributive share must be from the sale or exchange of property listed above and held longer than 1 year (or for the required period for certain livestock). Freetaxusa2010 Cutting or disposal of timber. Freetaxusa2010 Special rules apply if you owned the timber longer than 1 year and elect to treat timber cutting as a sale or exchange, or you enter into a cutting contract, as described in chapter 8 under Timber . Freetaxusa2010 Condemnation. Freetaxusa2010 The condemned property (defined in chapter 11) must have been held longer than 1 year. Freetaxusa2010 It must be business property or a capital asset held in connection with a trade or business or a transaction entered into for profit, such as investment property. Freetaxusa2010 It cannot be property held for personal use. Freetaxusa2010 Casualty or theft. Freetaxusa2010 The casualty or theft must have affected business property, property held for the production of rents or royalties, or investment property (such as notes and bonds). Freetaxusa2010 You must have held the property longer than 1 year. Freetaxusa2010 However, if your casualty or theft losses are more than your casualty or theft gains, neither the gains nor the losses are taken into account in the section 1231 computation. Freetaxusa2010 Section 1231 does not apply to personal casualty gains and losses. Freetaxusa2010 See chapter 11 for information on how to treat those gains and losses. Freetaxusa2010 If the property is not held for the required holding period, the transaction is not subject to section 1231 treatment, and any gain or loss is ordinary income reported in Part II of Form 4797. Freetaxusa2010 See Table 9-1. Freetaxusa2010 Property for sale to customers. Freetaxusa2010 A sale, exchange, or involuntary conversion of property held mainly for sale to customers is not a section 1231 transaction. Freetaxusa2010 If you will get back all, or nearly all, of your investment in the property by selling it rather than by using it up in your business, it is property held mainly for sale to customers. Freetaxusa2010 Treatment as ordinary or capital. Freetaxusa2010 To determine the treatment of section 1231 gains and losses, combine all of your section 1231 gains and losses for the year. Freetaxusa2010 If you have a net section 1231 loss, it is an ordinary loss. Freetaxusa2010 If you have a net section 1231 gain, it is ordinary income up to your nonrecaptured section 1231 losses from previous years, explained next. Freetaxusa2010 The rest, if any, is long-term capital gain. Freetaxusa2010 Nonrecaptured section 1231 losses. Freetaxusa2010 Your nonrecaptured section 1231 losses are your net section 1231 losses for the previous 5 years that have not been applied against a net section 1231 gain by treating the gain as ordinary income. Freetaxusa2010 These losses are applied against your net section 1231 gain beginning with the earliest loss in the 5-year period. Freetaxusa2010 Example. Freetaxusa2010 In 2013, Ben has a $2,000 net section 1231 gain. Freetaxusa2010 To figure how much he has to report as ordinary income and long-term capital gain, he must first determine his section 1231 gains and losses from the previous 5-year period. Freetaxusa2010 From 2008 through 2012 he had the following section 1231 gains and losses. Freetaxusa2010 Year Amount 2008 -0- 2009 -0- 2010 ($2,500) 2011 -0- 2012 $1,800 Ben uses this information to figure how to report his net section 1231 gain for 2013 as shown below. Freetaxusa2010 1) Net section 1231 gain (2013) $2,000 2) Net section 1231 loss (2010) ($2,500) 3) Net section 1231 gain (2012) 1,800 4) Remaining net section 1231 loss from prior 5 years ($700) 5) Gain treated as ordinary income $700 6) Gain treated as long-term capital gain $1,300 His remaining net section 1231 loss from 2010 is completely recaptured in 2013. Freetaxusa2010 Depreciation Recapture If you dispose of depreciable or amortizable property at a gain, you may have to treat all or part of the gain (even if it is otherwise nontaxable) as ordinary income. Freetaxusa2010 To figure any gain that must be reported as ordinary income, you must keep permanent records of the facts necessary to figure the depreciation or amortization allowed or allowable on your property. Freetaxusa2010 For more information, see chapter 3 of Publication 544. Freetaxusa2010 Section 1245 Property A gain on the disposition of section 1245 property is treated as ordinary income to the extent of depreciation allowed or allowable. Freetaxusa2010 Any recognized gain that is more than the part that is ordinary income is a section 1231 gain. Freetaxusa2010 See Treatment as ordinary or capital under Section 1231 Gains and Losses , earlier. Freetaxusa2010 Section 1245 property includes any property that is or has been subject to an allowance for depreciation or amortization and that is any of the following types of property. Freetaxusa2010 Personal property (either tangible or intangible). Freetaxusa2010 Other tangible property (except buildings and their structural components) used as any of the following. Freetaxusa2010 See Buildings and structural components below. Freetaxusa2010 An integral part of manufacturing, production, or extraction, or of furnishing certain services. Freetaxusa2010 A research facility in any of the activities in (a). Freetaxusa2010 A facility in any of the activities in (a) above, for the bulk storage of fungible commodities (discussed later). Freetaxusa2010 That part of real property (not included in (2)) with an adjusted basis reduced by (but not limited to) the following. Freetaxusa2010 Amortization of certified pollution control facilities. Freetaxusa2010 The section 179 expense deduction. Freetaxusa2010 Deduction for clean-fuel vehicles and certain refueling property. Freetaxusa2010 Expenditures to remove architectural and transportation barriers to the handicapped and elderly. Freetaxusa2010 Certain reforestation expenditures (as described under Reforestation Costs in chapter 7. Freetaxusa2010 Single purpose agricultural (livestock) or horticultural structures. Freetaxusa2010 Storage facilities (except buildings and their structural components) used in distributing petroleum or any primary product of petroleum. Freetaxusa2010 Buildings and structural components. Freetaxusa2010 Section 1245 property does not include buildings and structural components. Freetaxusa2010 The term building includes a house, barn, warehouse, or garage. Freetaxusa2010 The term structural component includes walls, floors, windows, doors, central air conditioning systems, light fixtures, etc. Freetaxusa2010 Do not treat a structure that is essentially machinery or equipment as a building or structural component. Freetaxusa2010 Also, do not treat a structure that houses property used as an integral part of an activity as a building or structural component if the structure's use is so closely related to the property's use that the structure can be expected to be replaced when the property it initially houses is replaced. Freetaxusa2010 The fact that the structure is specially designed to withstand the stress and other demands of the property and cannot be used economically for other purposes indicates it is closely related to the use of the property it houses. Freetaxusa2010 Structures such as oil and gas storage tanks, grain storage bins, and silos are not treated as buildings, but as section 1245 property. Freetaxusa2010 Facility for bulk storage of fungible commodities. Freetaxusa2010 This is a facility used mainly for the bulk storage of fungible commodities. Freetaxusa2010 Bulk storage means storage of a commodity in a large mass before it is used. Freetaxusa2010 For example, if a facility is used to store oranges that have been sorted and boxed, it is not used for bulk storage. Freetaxusa2010 To be fungible, a commodity must be such that one part may be used in place of another. Freetaxusa2010 Gain Treated as Ordinary Income The gain treated as ordinary income on the sale, exchange, or involuntary conversion of section 1245 property, including a sale and leaseback transaction, is the lesser of the following amounts. Freetaxusa2010 The depreciation (which includes any section 179 deduction claimed) and amortization allowed or allowable on the property. Freetaxusa2010 The gain realized on the disposition (the amount realized from the disposition minus the adjusted basis of the property). Freetaxusa2010 For any other disposition of section 1245 property, ordinary income is the lesser of (1) above or the amount by which its fair market value (FMV) is more than its adjusted basis. Freetaxusa2010 For details, see chapter 3 of Publication 544. Freetaxusa2010 Use Part III of Form 4797 to figure the ordinary income part of the gain. Freetaxusa2010 Depreciation claimed on other property or claimed by other taxpayers. Freetaxusa2010 Depreciation and amortization include the amounts you claimed on the section 1245 property as well as the following depreciation and amortization amounts. Freetaxusa2010 Amounts you claimed on property you exchanged for, or converted to, your section 1245 property in a like-kind exchange or involuntary conversion. Freetaxusa2010 For details on exchanges of property that are not taxable, see Like-Kind Exchanges in chapter 8. Freetaxusa2010 Amounts a previous owner of the section 1245 property claimed if your basis is determined with reference to that person's adjusted basis (for example, the donor's depreciation deductions on property you received as a gift and part of the transfer is a sale or exchange). Freetaxusa2010 Example. Freetaxusa2010 Jeff Free paid $120,000 for a tractor in 2012. Freetaxusa2010 On February 23, 2013, he traded it for a chopper and paid an additional $30,000. Freetaxusa2010 To figure his depreciation deduction on the chopper for the current year, Jeff continues to use the basis of the tractor as he would have before the trade. Freetaxusa2010 Jeff can also depreciate the additional $30,000 for the chopper. Freetaxusa2010 Depreciation and amortization. Freetaxusa2010 Depreciation and amortization deductions that must be recaptured as ordinary income include (but are not limited to) the following items. Freetaxusa2010 See Depreciation Recapture in chapter 3 of Publication 544 for more details. Freetaxusa2010 Ordinary depreciation deductions. Freetaxusa2010 Section 179 deduction (see chapter 7). Freetaxusa2010 Any special depreciation allowance. Freetaxusa2010 Amortization deductions for all the following costs. Freetaxusa2010 Acquiring a lease. Freetaxusa2010 Lessee improvements. Freetaxusa2010 Pollution control facilities. Freetaxusa2010 Reforestation expenses. Freetaxusa2010 Section 197 intangibles. Freetaxusa2010 Qualified disaster expenses. Freetaxusa2010 Franchises, trademarks, and trade names acquired before August 11, 1993. Freetaxusa2010 Example. Freetaxusa2010 You file your returns on a calendar year basis. Freetaxusa2010 In February 2011, you bought and placed in service for 100% use in your farming business a light-duty truck (5-year property) that cost $10,000. Freetaxusa2010 You used the half-year convention and your MACRS deductions for the truck were $1,500 in 2011 and $2,550 in 2012. Freetaxusa2010 You did not claim the section 179 expense deduction for the truck. Freetaxusa2010 You sold it in May 2013 for $7,000. Freetaxusa2010 The MACRS deduction in 2013, the year of sale, is $893 (½ of $1,785). Freetaxusa2010 Figure the gain treated as ordinary income as follows. Freetaxusa2010 1) Amount realized $7,000 2) Cost (February 2011) $10,000 3) Depreciation allowed or allowable (MACRS deductions: $1,500 + $2,550 + $893) 4,943 4) Adjusted basis (subtract line 3 from line 2) $5,057 5) Gain realized (subtract line 4 from line 1) 1,943 6) Gain treated as ordinary income (lesser of line 3 or line 5) $1,943 Depreciation allowed or allowable. Freetaxusa2010 You generally use the greater of the depreciation allowed or allowable when figuring the part of gain to report as ordinary income. Freetaxusa2010 If, in prior years, you have consistently taken proper deductions under one method, the amount allowed for your prior years will not be increased even though a greater amount would have been allowed under another proper method. Freetaxusa2010 If you did not take any deduction at all for depreciation, your adjustments to basis for depreciation allowable are figured by using the straight line method. Freetaxusa2010 This treatment applies only when figuring what part of the gain is treated as ordinary income under the rules for section 1245 depreciation recapture. Freetaxusa2010 Disposition of plants and animals. Freetaxusa2010 If you elect not to use the uniform capitalization rules (see chapter 6), you must treat any plant you produce as section 1245 property. Freetaxusa2010 If you have a gain on the property's disposition, you must recapture the pre-productive expenses you would have capitalized if you had not made the election by treating the gain, up to the amount of these expenses, as ordinary income. Freetaxusa2010 For section 1231 transactions, show these expenses as depreciation on Form 4797, Part III, line 22. Freetaxusa2010 For plant sales that are reported on Schedule F (1040), Profit or Loss From Farming, this recapture rule does not change the reporting of income because the gain is already ordinary income. Freetaxusa2010 You can use the farm-price method or the unit-livestock-price method discussed in chapter 2 to figure these expenses. Freetaxusa2010 Example. Freetaxusa2010 Janet Maple sold her apple orchard in 2013 for $80,000. Freetaxusa2010 Her adjusted basis at the time of sale was $60,000. Freetaxusa2010 She bought the orchard in 2006, but the trees did not produce a crop until 2009. Freetaxusa2010 Her pre-productive expenses were $6,000. Freetaxusa2010 She elected not to use the uniform capitalization rules. Freetaxusa2010 Janet must treat $6,000 of the gain as ordinary income. Freetaxusa2010 Section 1250 Property Section 1250 property includes all real property subject to an allowance for depreciation that is not and never has been section 1245 property. Freetaxusa2010 It includes buildings and structural components that are not section 1245 property (discussed earlier). Freetaxusa2010 It includes a leasehold of land or section 1250 property subject to an allowance for depreciation. Freetaxusa2010 A fee simple interest in land is not section 1250 property because, like land, it is not depreciable. Freetaxusa2010 Gain on the disposition of section 1250 property is treated as ordinary income to the extent of additional depreciation allowed or allowable. Freetaxusa2010 To determine the additional depreciation on section 1250 property, see Depreciation Recapture in chapter 3 of Publication 544. Freetaxusa2010 You will not have additional depreciation if any of the following apply to the property disposed of. Freetaxusa2010 You figured depreciation for the property using the straight line method or any other method that does not result in depreciation that is more than the amount figured by the straight line method and you have held the property longer than 1 year. Freetaxusa2010 You chose the alternate ACRS (straight line) method for the property, which was a type of 15-, 18-, or 19-year real property covered by the section 1250 rules. Freetaxusa2010 The property was nonresidential real property placed in service after 1986 (or after July 31, 1986, if the choice to use MACRS was made) and you held it longer than 1 year. Freetaxusa2010 These properties are depreciated using the straight line method. Freetaxusa2010 Installment Sale If you report the sale of property under the installment method, any depreciation recapture under section 1245 or 1250 is taxable as ordinary income in the year of sale. Freetaxusa2010 This applies even if no payments are received in that year. Freetaxusa2010 If the gain is more than the depreciation recapture income, report the rest of the gain using the rules of the installment method. Freetaxusa2010 For this purpose, include the recapture income in your installment sale basis to determine your gross profit on the installment sale. Freetaxusa2010 If you dispose of more than one asset in a single transaction, you must separately figure the gain on each asset so that it may be properly reported. Freetaxusa2010 To do this, allocate the selling price and the payments you receive in the year of sale to each asset. Freetaxusa2010 Report any depreciation recapture income in the year of sale before using the installment method for any remaining gain. Freetaxusa2010 For more information on installment sales, see chapter 10. Freetaxusa2010 Other Dispositions Chapter 3 of Publication 544 discusses the tax treatment of the following transfers of depreciable property. Freetaxusa2010 By gift. Freetaxusa2010 At death. Freetaxusa2010 In like-kind exchanges. Freetaxusa2010 In involuntary conversions. Freetaxusa2010 Publication 544 also explains how to handle a single transaction involving multiple properties. Freetaxusa2010 Other Gains This section discusses gain on the disposition of farmland for which you were allowed either of the following. Freetaxusa2010 Deductions for soil and water conservation expenditures (section 1252 property). Freetaxusa2010 Exclusions from income for certain cost sharing payments (section 1255 property). Freetaxusa2010 Section 1252 property. Freetaxusa2010 If you disposed of farmland you held more than 1 year and less than 10 years at a gain and you were allowed deductions for soil and water conservation expenses for the land, as discussed in chapter 5, you must treat part of the gain as ordinary income and treat the balance as section 1231 gain. Freetaxusa2010 Exceptions. Freetaxusa2010 Do not treat gain on the following transactions as gain on section 1252 property. Freetaxusa2010 Disposition of farmland by gift. Freetaxusa2010 Transfer of farm property at death (except for income in respect of a decedent). Freetaxusa2010 For more information, see Regulations section 1. Freetaxusa2010 1252-2. Freetaxusa2010 Amount to report as ordinary income. Freetaxusa2010 You report as ordinary income the lesser of the following amounts. Freetaxusa2010 Your gain (determined by subtracting the adjusted basis from the amount realized from a sale, exchange, or involuntary conversion, or the FMV for all other dispositions). Freetaxusa2010 The total deductions allowed for soil and water conservation expenses multiplied by the applicable percentage, discussed next. Freetaxusa2010 Applicable percentage. Freetaxusa2010 The applicable percentage is based on the length of time you held the land. Freetaxusa2010 If you dispose of your farmland within 5 years after the date you acquired it, the percentage is 100%. Freetaxusa2010 If you dispose of the land within the 6th through 9th year after you acquired it, the applicable percentage is reduced by 20% a year for each year or part of a year you hold the land after the 5th year. Freetaxusa2010 If you dispose of the land 10 or more years after you acquired it, the percentage is 0%, and the entire gain is a section 1231 gain. Freetaxusa2010 Example. Freetaxusa2010 You acquired farmland on January 19, 2005. Freetaxusa2010 On October 3, 2013, you sold the land at a $30,000 gain. Freetaxusa2010 Between January 1 and October 3, 2013, you incur soil and water conservation expenditures of $15,000 for the land that are fully deductible in 2013. Freetaxusa2010 The applicable percentage is 40% since you sold the land within the 8th year after you acquired it. Freetaxusa2010 You treat $6,000 (40% of $15,000) of the $30,000 gain as ordinary income and the $24,000 balance as a section 1231 gain. Freetaxusa2010 Section 1255 property. Freetaxusa2010 If you receive certain cost-sharing payments on property and you exclude those payments from income (as discussed in chapter 3), you may have to treat part of any gain as ordinary income and treat the balance as a section 1231 gain. Freetaxusa2010 If you chose not to exclude these payments, you will not have to recognize ordinary income under this provision. Freetaxusa2010 Amount to report as ordinary income. Freetaxusa2010 You report as ordinary income the lesser of the following amounts. Freetaxusa2010 The applicable percentage of the total excluded cost-sharing payments. Freetaxusa2010 The gain on the disposition of the property. Freetaxusa2010 You do not report ordinary income under this rule to the extent the gain is recognized as ordinary income under sections 1231 through 1254, 1256, and 1257. Freetaxusa2010 However, if applicable, gain reported under this rule must be reported regardless of any contrary provisions (including nonrecognition provisions) under any other section. Freetaxusa2010 Applicable percentage. Freetaxusa2010 The applicable percentage of the excluded cost-sharing payments to be reported as ordinary income is based on the length of time you hold the property after receiving the payments. Freetaxusa2010 If the property is held less than 10 years after you receive the payments, the percentage is 100%. Freetaxusa2010 After 10 years, the percentage is reduced by 10% a year, or part of a year, until the rate is 0%. Freetaxusa2010 Form 4797, Part III. Freetaxusa2010 Use Form 4797, Part III, to figure the ordinary income part of a gain from the sale, exchange, or involuntary conversion of section 1252 property and section 1255 property. Freetaxusa2010 Prev Up Next Home More Online Publications
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