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Contents
Farmer's
Tax Guide
Introduction . . . . . . . . . . . . . . . . . . 1
Cat. No. 11049L
Department
of the
Treasury
Internal
Revenue
Service
For use in preparing
2024 Returns
Acknowledgment: The valuable advice and assistance given us each
year by the National Farm Income Tax Extension Committee is
gratefully acknowledged.
What's New for 2024 . . . . . . . . . . . . . 2
What's New for 2025 . . . . . . . . . . . . . 2
Reminders . . . . . . . . . . . . . . . . . . . 3
Chapter 1. Importance of Records . . . . 4
Chapter 2. Accounting Methods . . . . . 5
Chapter 3. Farm Income . . . . . . . . . . 9
Chapter 4. Farm
Business Expenses
. . . . . . . . . 20
Chapter 5. Soil and Water
Conservation Expenses . . . . . . . 28
Chapter 6. Basis of Assets
. . . . . . . 31
Chapter 7. Depreciation, Depletion,
and Amortization . . . . . . . . . . . 37
Chapter 8. Gains and Losses . . . . . . 49
Chapter 9. Dispositions of
Property Used in Farming . . . . . . 57
Chapter 10. Installment Sales
. . . . . 61
Chapter 11. Casualties, Thefts, and
Condemnations . . . . . . . . . . . . 66
Chapter 12. Self-Employment Tax . . . 75
Chapter 13. Employment Taxes
. . . . 80
Chapter 14. Fuel Excise Tax
Credits and Refunds . . . . . . . . . 86
Chapter 15. Estimated Tax . . . . . . . . 89
How To Get Tax Help . . . . . . . . . . . . 90
Index
. . . . . . . . . . . . . . . . . . . . . 94
Introduction
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Oct 25, 2024
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You are in the business of farming if you cultivate, operate, or manage a farm for profit, either
as owner or tenant. A farm includes livestock,
dairy, poultry, fish, fruit, and truck farms. It also
includes plantations, ranches, ranges, and orchards and groves.
This publication explains how the federal tax
laws apply to farming. Use this publication as a
guide to figure your taxes and complete your
farm tax return. If you need more information on
a subject, get the specific IRS tax publication
covering that subject. We refer to many of these
free publications throughout this publication.
See How To Get Tax Help for information on ordering these publications.
The explanations and examples in this publication reflect the IRS's interpretation of tax laws
enacted by Congress, Treasury regulations, and
court decisions. However, the information given
does not cover every situation and is not intended to replace the law or change its meaning.
This publication covers subjects on which a
court may have rendered a decision more favorable to taxpayers than the interpretation by the
IRS. Until these differing interpretations are resolved by higher court decisions, or in some
other way, this publication will continue to
present the interpretation by the IRS.
The IRS Mission. Provide America's taxpayers
top-quality service by helping them understand
and meet their tax responsibilities and enforce
the tax law with integrity and fairness to all.
Comments and suggestions. We welcome
your comments about this publication and suggestions for future editions.
You can send us comments through
IRS.gov/FormComments. Or, you can write to
the Internal Revenue Service, Tax Forms and
Publications, 1111 Constitution Ave. NW,
IR-6526, Washington, DC 20224.
Although we can’t respond individually to
each comment received, we do appreciate your
feedback and will consider your comments and
suggestions as we revise our tax forms, instructions, and publications. Don’t send tax questions, tax returns, or payments to the above address.
Getting answers to your tax questions.
If you have a tax question not answered by this
publication or the How To Get Tax Help section
at the end of this publication, go to the IRS Interactive Tax Assistant page at IRS.gov/
Help/ITA where you can find topics by using the
search feature or viewing the categories listed.
Getting tax forms, instructions, and publications. Go to IRS.gov/Forms to download
current and prior-year forms, instructions, and
publications.
Ordering tax forms, instructions, and
publications. Go to IRS.gov/OrderForms to order current forms, instructions, and publications; call 800-829-3676 to order prior-year
forms and instructions. The IRS will process
your order for forms and publications as soon
as possible. Don’t resubmit requests you’ve already sent us. You can get forms and publications faster online.
Comments on IRS enforcement actions.
The Small Business and Agricultural Regulatory
Enforcement Ombudsman and 10 Regional
Fairness Boards were established to receive
comments from small business about federal
agency enforcement actions. The Ombudsman
will annually evaluate the enforcement activities
of each agency and rate its responsiveness to
small business. If you wish to comment on the
enforcement actions of the IRS, you can:
• Call 888-734-3247;
• Fax your comments to 202-481-5719;
• Write to:
Office of the National Ombudsman
U.S. Small Business Administration
409 3rd Street SW
Washington, DC 20416;
• Send an email to ombudsman@sba.gov;
or
• Complete and submit a Federal Agency
Comment Form online at
sba.gov/ombudsman/comment.
2
Treasury Inspector General for Tax Administration (TIGTA). If you want to confidentially
report misconduct, waste, fraud, or abuse by an
IRS employee, you can visit TIGTA. You can remain anonymous.
Farm tax classes. Many state Cooperative Extension Services conduct farm tax workshops in
conjunction with the IRS. Contact your county or
regional extension office for more information.
Rural Tax Education website. The Rural Tax
Education website is a source for information
concerning agriculturally related income and
deductions and self-employment tax. The website is available for farmers and ranchers, other
agricultural producers, Extension educators,
and anyone interested in learning about the tax
side of the agricultural community. Members of
the National Farm Income Tax Extension Committee are contributors to the website, and the
website is hosted by Utah State University Cooperative Extension. You can visit the website at
ruraltax.org.
Future Developments
The IRS has created a page on IRS.gov for
information about Pub. 225 at
IRS.gov/Pub225. Information about recent
developments affecting Pub. 225 will be posted
on that page.
What's New for 2024
The following items highlight a number of
administrative and tax law changes for 2024.
They are discussed in more detail throughout
this publication.
Standard mileage rate. The business standard mileage rate for 2024 has increased to 67
cents per business mile. See chapter 4.
Increased section 179 expense deduction
dollar limits. The maximum amount you can
elect to deduct for most section 179 property
you placed in service in 2024 is $1,220,000.
This limit is reduced by the amount by which the
cost of the property placed in service during the
tax year exceeds $3,050,000. Also, the maximum section 179 expense deduction for sport
utility vehicles placed in service in tax years beginning in 2024 is $30,500. See chapter 7.
Phase down of special depreciation allowance. The special depreciation allowance is
60% for certain qualified property acquired after
September 27, 2017, and placed in service after December 31, 2023, and before January 1,
2025 (other than certain property with a long
production period and certain aircraft). For certain property with a long production period and
certain aircraft placed in service after December 31, 2023, and before January 1, 2025, the
special depreciation allowance is 80%. The
special depreciation allowance is also 60% for
certain specified plants bearing fruits and nuts
planted or grafted after December 31, 2023,
and before January 1, 2025. See chapter 7.
Maximum net earnings. The maximum net
self-employment earnings subject to the social
security part (12.4%) of the self-employment tax
is $168,200 for 2024, up from $160,200 for
2023. There is no maximum limit on earnings
subject to the Medicare part (2.9%) or, if applicable, the Additional Medicare Tax (0.9%).
The maximum net self-employment earnings
subject to the social security part of the self-employment tax for 2025 will be discussed in the
2024 Pub. 334.
Social security and Medicare taxes for
2024. The social security tax rate on these wages is 6.2% each for the employee and employer. The social security wage base limit is
$168,600.
The Medicare tax rate is 1.45% (0.0145)
each for the employee and employer, unchanged from 2023. There is no wage base limit
for Medicare tax.
2024 withholding tables. The federal income
tax withholding tables are now included in Pub.
15-T, Federal Income Tax Withholding Methods.
The COVID-19 related credit for qualified
sick and family leave wages is limited to
leave taken after March 31, 2020, and before October 1, 2021, and may no longer be
claimed on Form 943. Generally, the credit for
qualified sick and family leave wages, as enacted under the Families First Coronavirus Response Act (FFCRA) and amended and extended by the COVID-related Tax Relief Act of
2020, for leave taken after March 31, 2020, and
before April 1, 2021, and the credit for qualified
sick and family leave wages under sections
3131, 3132, and 3133 of the Internal Revenue
Code, as enacted under the American Rescue
Plan Act of 2021 (the ARP), for leave taken after
March 31, 2021, and before October 1, 2021,
have expired. However, employers that pay
qualified sick and family leave wages in 2024 for
leave taken after March 31, 2020, and before
October 1, 2021, are eligible to claim a credit for
qualified sick and family leave wages in 2024.
Effective for tax periods beginning after 2023,
the lines used to claim the credit for qualified
sick and family leave wages have been removed from Form 943, Employer's Annual Federal Tax Return for Agricultural Employees, because it would be extremely rare for an
employer to pay wages in 2024 for qualified sick
and family leave taken after March 31, 2020,
and before October 1, 2021. If you're eligible to
claim the credit for qualified sick and family
leave wages because you paid the wages in
2024 for an earlier applicable leave period, file
Form 943-X, Adjusted Employer's Annual Federal Tax Return for Agricultural Employees or
Claim for Refund, after filing Form 943, to claim
the credit for qualified sick and family leave wages paid in 2024. Filing a Form 943-X before filing a Form 943 for the year may result in errors
or delays in processing your Form 943-X.
What's New for 2025
Phase down of special depreciation allowance. The special depreciation allowance is
40% for certain qualified property acquired after
September 27, 2017, and placed in service after December 31, 2024, and before January 1,
2026 (other than certain property with a long
production period and certain aircraft). For certain property with a long production period and
Publication 225 (2024)
certain aircraft placed in service after December 31, 2024, and before January 1, 2026, the
special depreciation allowance is 60%. The
special depreciation allowance is also 40% for
certain specified plants bearing fruits and nuts
planted or grafted after December 31, 2024,
and before January 1, 2026. See chapter 7.
Social security and Medicare taxes for
2025. The employee and employer tax rates for
social security and the maximum amount of wages subject to social security tax for 2025 will
be discussed in Pub. 15 (for use in 2025).
The Medicare tax rate for 2025 will also be
discussed in Pub. 15 (for use in 2025). There is
no limit on the amount of wages subject to Medicare tax.
Reminders
The following reminders and other items may
help you file your tax return.
Principal agricultural activity codes. You
must enter on line B of Schedule F (Form 1040)
a code that identifies your principal agricultural
activity. It is important to use the correct code
because this information will identify market
segments of the public for IRS Taxpayer Education programs. The U.S. Census Bureau also
uses this information for its economic census.
See the list of Principal Agricultural Activity Codes on page 2 of Schedule F (Form 1040).
Publication on employer identification numbers (EINs). Pub. 1635, Understanding Your
Employer Identification Number, provides general information on EINs. Topics include how to
apply for an EIN and how to complete Form
SS-4.
Change of address. If you change your home
address, you should use Form 8822, Change of
Address, to notify the IRS. If you change your
business address, you should use Form
8822-B, Change of Address or Responsible
Party—Business, to notify the IRS. Be sure to
include your suite, room, or other unit number.
Pub. 51 discontinued after 2023. Pub. 51,
Agricultural Employer's Tax Guide, will no longer be available after 2023. Instead, information
specific to agricultural employers will be included in Pub. 15, Employer's Tax Guide, beginning with the Pub. 15 for use in 2024. Beginning
in 2024, there will be a new Pub. 15 (sp) that is
a Spanish-language version of Pub. 15. If you
need information specific to tax year 2025, you
will use Pub. 15 or Pub. 15 (sp) in 2025.
Business meals deduction. The temporary
100% deduction for food or beverages provided
by a restaurant has expired. The business meal
deduction reverted back to the 50% allowable
deduction beginning January 1, 2023.
Qualified small business payroll tax credit
for increasing research activities. For tax
years beginning before January 1, 2023, a
qualified small business may elect to claim up
to $250,000 of its credit for increasing research
activities as a payroll tax credit. The Inflation
Reduction Act of 2022 (the IRA) increases the
election amount to $500,000 for tax years beginning after December 31, 2022. The payroll
tax credit election must be made on or before
the due date of the originally filed income tax
Publication 225 (2024)
return (including extensions). The portion of the
credit used against payroll taxes is allowed in
the first calendar quarter beginning after the
date that the qualified small business filed its income tax return. The election and determination
of the credit amount that will be used against
the employer's payroll taxes are made on Form
6765, Credit for Increasing Research Activities.
The amount from Form 6765 must then be reported on Form 8974, Qualified Small Business
Payroll Tax Credit for Increasing Research Activities.
Starting in the first quarter of 2023, the payroll tax credit is first used to reduce the employer share of social security tax up to
$250,000 per quarter and any remaining credit
reduces the employer share of Medicare tax for
the quarter. Any remaining credit, after reducing
the employer share of social security tax and
the employer share of Medicare tax, is then carried forward to the next quarter. Form 8974 is
used to determine the amount of the credit that
can be used in the current quarter. The amount
from Form 8974, line 12 or, if applicable, line 17,
is reported on Form 943, line 12. For more information about the payroll tax credit, see the Instructions for Form 8974 and go to IRS.gov/
ResearchPayrollTC.
Certification program for professional employer organizations (PEOs). The Stephen
Beck, Jr., Achieving a Better Life Experience
Act of 2014 required the IRS to establish a voluntary certification program for PEOs. PEOs
handle various payroll administration and tax reporting responsibilities for their business clients
and are typically paid a fee based on payroll
costs. To become and remain certified under
the certification program, certified professional
employer organizations (CPEOs) must meet
various requirements described in sections
3511 and 7705 and related published guidance.
Certification as a CPEO may affect the employment tax liabilities of both the CPEO and its
customers. A CPEO is generally treated for employment tax purposes as the employer of any
individual who performs services for a customer
of the CPEO and is covered by a contract described in section 7705(e)(2) between the
CPEO and the customer (CPEO contract), but
only for wages and other compensation paid to
the individual by the CPEO. To become a
CPEO, the organization must apply through the
IRS Online Registration System. For more information or to apply to become a CPEO, go to
IRS.gov/CPEO.
CPEOs must generally file Form 943 and
Schedule R (Form 943), Allocation Schedule for
Aggregate Form 943 Filers, electronically. For
more information about a CPEO's requirement
to file electronically, see Revenue Procedure
2023-18, 2023-13 I.R.B. 605, available at
IRS.gov/irb/2023-13_IRB#REV-PROC-2023-18.
Work opportunity tax credit for qualified
tax-exempt organizations hiring qualified
veterans. Qualified tax-exempt organizations
that hire eligible unemployed veterans may be
able to claim the work opportunity tax credit
against their payroll tax liability using Form
5884-C. For more information, go to IRS.gov/
WOTC.
Correcting a previously filed Form 943. If
you discover an error on a previously filed Form
943, or if you otherwise need to amend a previously filed Form 943, make the correction using
Form 943-X, Adjusted Employer's Annual Federal Tax Return for Agricultural Employees or
Claim for Refund. Form 943-X is filed separately
from Form 943. For more information, see the
Instructions for Form 943-X or go to IRS.gov/
CorrectingEmploymentTaxes.
Federal tax deposits must be made by electronic funds transfer (EFT). You must use
EFT to make all federal tax deposits. Generally,
an EFT is made using the Electronic Federal
Tax Payment System (EFTPS). If you don't want
to use EFTPS, you can arrange for your tax professional, financial institution, payroll service, or
other trusted third party to make electronic deposits on your behalf. Also, you may arrange for
your financial institution to initiate a same-day
wire payment on your behalf. EFTPS is a free
service provided by the Department of the
Treasury. Services provided by your tax professional, financial institution, payroll service, or
other third party may have a fee.
Note. An exception applies to the EFT requirement for making your federal tax deposits.
If your liability is less than $2,500 (Form 943,
line 13), you may pay in full with a check or
money order with a timely filed return. See the
Instructions for Form 943 for more information.
For more information on making federal tax
deposits, see Pub 3151-A. To get more information about EFTPS or to enroll in EFTPS, go to
EFTPS.gov or call one of the following numbers.
• 800-555-4477
• 800-244-4829 (Spanish)
• 303-967-5916 if you're outside the United
States (toll call)
To contact EFTPS using Telecommunications Relay Services (TRS) for people who are
deaf, hard of hearing, or have a speech disability, dial 711 and then provide the TRS assistant
the
800-555-4477
number
above
or
800-733-4829. Additional information about
EFTPS is also available in Pub. 966.
Electronic filing and payment. Businesses
can enjoy the benefits of filing tax returns and
paying their federal taxes electronically.
Whether you rely on a tax professional or handle your own taxes, the IRS offers you convenient and secure programs to make filing and
paying easier. Spend less time worrying about
taxes and more time running your business.
Use e-file and EFTPS to your benefit.
• For e-file, go to IRS.gov/EmploymentEfile
for additional information. A fee may be
charged to file electronically.
• For EFTPS, go to EFTPS.gov or call
EFTPS at one of the numbers provided under the Note, earlier.
• For electronic filing of Form W-2, Wage
and Tax Statement, go to SSA.gov/
employer. You may be required to file
Forms W-2 electronically. For details, see
the General Instructions for Forms W-2
and W-3.
Note. For employers in Puerto Rico, references
to Form W-2 also apply to Form 499R-2/W-2PR
and references to Form W-3 also apply to Form
W-3 (PR), unless otherwise specified.
Special rules for qualified disaster losses.
Special rules apply to federally declared disaster area losses. A federally declared disaster is
a disaster that occurred in an area declared by
3
the President to be eligible for federal assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
See Disaster Area Losses, later, and Pub.
547, Casualties, Disasters, and Thefts, for more
information on the special relief. Also, see
IRS.gov/DisasterTaxRelief for more information.
Additional employment tax information for
farmers. See Pub. 15 for more detailed guidance on employment taxes for tax years 2024
and 2025 for employers of agricultural workers.
For the latest information about developments
related to Pub. 15, such as legislation enacted
after it was published, go to IRS.gov/Pub15. For
general tax information relevant to agricultural
employers, go to IRS.gov/AgricultureTaxCenter.
For general information about employment
taxes, go to IRS.gov/EmploymentTaxes. For information about employer responsibilities under
the Affordable Care Act, go to IRS.gov/ACA.
You may have nonfarm employees as
well as farm employees, for example,
CAUTION workers at a retail farm market. See
Pub.15 for employment tax rules for wages and
noncash wages paid to these employees as
they may differ from those discussed in this
chapter.
!
Photographs of missing children. The IRS is
a proud partner with the National Center for
Missing & Exploited Children® (NCMEC). Photographs of missing children selected by the
Center may appear in this publication on pages
that would otherwise be blank. You can help
bring these children home by looking at the
photographs and calling 1-800-THE-LOST
(1-800-843-5678) (24 hours a day, 7 days a
week) if you recognize a child.
1.
Importance of
Records
Introduction
A farmer, like other taxpayers, must keep records to prepare an accurate income tax return
and determine the correct amount of tax. This
chapter explains the benefits of keeping records, what kinds of records you must keep,
and how long you must keep them for federal
tax purposes.
While this publication only discusses tax records, the records you keep as a farm business
owner should allow you to accurately measure
your farm’s financial performance, create financial statements, and help you make management decisions in addition to calculating taxable
farm income.
Records that provide information beyond
your tax return require additional information
and effort on the part of the record keeper. To
4
assist you in developing or improving your recordkeeping system, the Farm Financial Standards Council produces publications that provide
recommendations for financial reporting and
analysis. You can download the Implementation
Guide at https://ffsc.org. For more information,
contact the Farm Financial Standards Council in
the following manner.
• Call 262-253-6902.
• Send a fax to 262-253-6903.
• Write to:
Farm Financial Standards Council
N78 W14573 Appleton Ave., #287
Menomonee Falls, WI 53051.
Topics
This chapter discusses:
• Benefits of recordkeeping
• Kinds of records to keep
• How long to keep records
Useful Items
You may want to see:
Publication
15
17
15
(Circular E), Employer's Tax Guide
Your Federal Income Tax For
Individuals
17
463 Travel, Gift, and Car Expenses
from nontaxable income. See chapter 3 for
more information.
Keep track of deductible expenses. You
may forget expenses when you prepare your tax
return unless you record them when they occur.
Your records can identify the purpose and timing of expenses. You need this information to
separate farm business expenses from nonfarm
payments and other expenses. You also need to
keep these records to separate expenses deductible for tax purposes from those that are
non-tax related. See chapter 4 for more information.
Prepare your tax returns. You need records
to prepare your tax return. These records must
accurately support the income, expenses, and
credits you report. Generally, these are the
same records you use to monitor your farming
business and prepare your financial statements.
You will also need records to prepare information returns such as a Form 1099-MISC or Form
1099-NEC provided to a vendor or a Form W-2
provided to an employee.
Support items reported on tax returns. You
must keep your business records available at all
times for inspection by the IRS. If the IRS examines any of your tax returns, you may be asked
to explain the items reported. A complete set of
records will assist in the examination.
463
544 Sales and Other Dispositions of
Assets
544
946 How To Depreciate Property
946
See How To Get Tax Help, later, for information
about getting publications.
Benefits of
Recordkeeping
Everyone in business, including farmers, must
keep appropriate records. Recordkeeping will
help you do the following.
Monitor the progress of your farming business. You need records to monitor the progress of your business. In addition to measuring
overall profitability, detailed records can help
you identify which crop or livestock enterprises
are most profitable or indicate where management changes may be needed to improve profitability. Records that help you make better decisions should also increase the likelihood of
business success.
Prepare your financial statements. You will
need records to prepare accurate financial
statements. These include income (profit and
loss) statements, cash flow statements, balance
sheets, and statements of owner’s equity.
These statements will be required and helpful
when working with your bank or creditors and
may also help you manage your farm business.
Identify source of receipts. You will receive
money, property, and/or services from many
sources. Your records can identify the source of
your receipts. You need this information to separate farm from nonfarm receipts and taxable
Chapter 1
Importance of Records
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. If you are
in more than one business, you should keep a
complete and separate set of records for each
business. A corporation’s recordkeeping system
should include board of directors meeting minutes. See chapter 2 for more information.
Your recordkeeping system should include a
summary of your business transactions, which
shows your gross income, as well as any expenses, deductions, and credits you are reporting.
In addition, you must keep supporting documents, such as invoices and receipts, for purchases, sales, payroll, and other business
transactions.
It is important to keep these documents because they support the entries in your journals
and ledgers and on your tax return. Keep them
in an orderly fashion and in a safe place. For instance, organize them by year and type of income or expense.
Electronic records. All requirements that apply to hard copy books and records also apply
to electronic storage systems that maintain tax
books and records. When you replace hard
copy books and records, you must maintain the
electronic storage systems for as long as they
are material to the administration of tax law.
Publication 225 (2024)
An electronic storage system is any system
for preparing or keeping your records either by
electronic imaging or by transfer to electronic
storage media. The electronic storage system
must index, store, preserve, retrieve, and reproduce the electronically stored books and records in legible format. All electronic storage
systems must provide a complete and accurate
record of your data that is accessible to the IRS.
Electronic storage systems are also subject
to the same controls and retention guidelines as
those imposed on your original hard copy books
and records. The original hard copy books and
records may be destroyed, provided that the
electronic storage system has been tested to
establish that the hard copy books and records
are being reproduced in compliance with IRS
requirements for an electronic storage system
and procedures are established to ensure continued compliance with all applicable rules and
regulations. You still have the responsibility of
retaining any other books and records that are
required to be retained.
The IRS may test your electronic storage
system, including the equipment used, indexing
methodology, software, and retrieval capabilities. This test is not considered an examination
and the results must be shared with you. If your
electronic storage system meets the requirements mentioned earlier, you will be in compliance. If not, you may be subject to penalties for
noncompliance, unless you continue to maintain your original hard copy books and records
in a manner that allows you and the IRS to determine your correct tax. For details on electronic storage system requirements, see Revenue Procedure 97-22. You can find Revenue
Procedure 97-22 on page 9 of Internal Revenue
Bulletin 1997-13 at
IRS.gov/pub/irs-irbs/irb97-13.pdf.
Travel, transportation, entertainment, and
gift expenses. Specific recordkeeping rules
apply to these expenses. For more information,
see Pub. 463.
Employment taxes. There are specific employment tax records you must keep. Payroll records are important when claiming various tax
deductions and credits based on payroll items
such as number of employees and wages paid.
For a list of employment tax records you must
keep, see Pub. 15 (Circular E).
Excise taxes. See How To Claim a Credit or
Refund in chapter 14 for the specific records
you must keep to verify your claim for credit or
refund of excise taxes on certain fuels.
Assets. Assets are the property, such as machinery and equipment, you own and use in
your business. You must keep records to verify
certain information about your business assets.
You need records to figure your annual depreciation deduction and the gain or (loss) when you
sell the assets. Your records should show all the
following.
• When and how you acquired the asset
(whether the asset was new or used).
• Full purchase cost of the asset.
• Cost of any improvements.
• Section 179 deduction taken.
• Deductions taken for depreciation and any
special depreciation allowance.
Publication 225 (2024)
• Deductions taken for casualty losses, such
as losses resulting from fires or storms.
How you used the asset.
When and how you disposed of the asset.
Fair market value of property when traded.
Selling price.
Expenses of sale.
•
•
•
•
•
The following are examples of records that
may show this information.
• Purchase and sales invoices.
• Real estate closing statements.
• Canceled checks.
• Bank statements.
Financial account statements as proof of
payment. If you do not have a canceled check,
you may be able to prove payment with certain
financial account statements prepared by financial institutions. These include account statements prepared for the financial institution by a
third party. These account statements must be
legible. The following table lists acceptable account statements.
IF payment is by...
THEN the statement must
show the...
Check
•
•
•
•
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
CAUTION to a tax deduction. You should also
keep other documents, such as credit card
sales slips and invoices, to show that you also
incurred the cost.
!
Tax returns. Keep copies of your filed tax returns. They help in preparing future tax returns
and making computations if you file an amended return. Keep copies of your information returns such as Form 1099-NEC, Form
1099-MISC, Schedule K-1, and Form W-2.
How Long To Keep
Records
You must keep your records as long as they
may be needed for the administration of any
provision of the Internal Revenue Code. Keep
records that support an item of income or a deduction appearing on a return until the period of
limitations for the return runs out. A period of
limitations is the period of time after which no legal action can be brought. Generally, that
means you must keep your records for at least 3
years from when your tax return was due or filed
or within 2 years of the date the tax was paid,
Chapter 2
Accounting Methods
whichever is later. However, records must be
kept for a longer period of time in certain instances, some of which are discussed below. For
more details, see chapter 1 of Publication 17.
Employment taxes. If you have employees,
you must keep all employment tax records for at
least 4 years after the date the tax becomes
due or is paid, whichever is later.
Assets. Keep records relating to property until
the period of limitations expires for the year in
which you dispose of the property in a taxable
disposition. You must keep these records to figure any depreciation, amortization, or depletion
deduction and to figure your basis for computing gain or (loss) when you sell or otherwise dispose of the property.
You may need to keep records relating to the
basis of property longer than the period of limitation. Keep those records as long as they are
important in figuring the basis of the original or
replacement property. Generally, this means as
long as you own the property and, after you dispose of it, for the period of limitations that applies to you. For example, if you received property in a nontaxable exchange, you must keep
the records for the old property, as well as for
the new property, until the period of limitations
expires for the year in which you dispose of the
new property in a taxable disposition. For more
information on basis, see chapter 6.
Records for nontax purposes. When your records are no longer needed for tax purposes,
do not discard them until you check to see if you
have to keep them longer for other purposes.
For example, your insurance company or creditors may require you to keep them longer than
the IRS does.
2.
Accounting
Methods
Introduction
You must use an accounting method that
clearly shows the income and expenses used to
figure your taxable income. You must also file
an income tax return for an annual accounting
period called a “tax year.”
This chapter discusses accounting methods. For information on accounting periods, see
Pub. 538, Accounting Periods and Methods,
and the Instructions for Form 1128, Application
To Adopt, Change, or Retain a Tax Year.
5
Topics
This chapter discusses:
•
•
•
•
•
Cash method
Accrual method
Farm inventory
Special methods of accounting
Changes in methods of accounting
Useful Items
You may want to see:
Publication
538 Accounting Periods and Methods
538
Form (and Instructions)
1128 Application To Adopt, Change, or
Retain a Tax Year
1128
3115 Application for Change in
Accounting Method
3115
See How To Get Tax Help for information about
getting publications and forms.
Accounting Methods
An accounting method is a set of rules used to
determine when and how your income and expenses are reported on your tax return. Your accounting method includes not only your overall
method of accounting, but also the accounting
treatment you use for any material item.
Facts and circumstances affect whether an
item is material. Factors to consider in determining the materiality of an item include the size
of the item (both in absolute terms and in relation to income and expenses) and the treatment
of the item on your financial statements. Generally, an item considered material for financial
statement purposes is also considered material
for income tax purposes. See Pub. 538 for more
information.
You generally choose an accounting method
for your farm business when you file your first income tax return that includes a Schedule F
(Form 1040), Profit or Loss From Farming. If you
later want to change your accounting method,
you must generally get IRS approval. How to
obtain IRS approval is discussed later under
Changes in Methods of Accounting.
Types of accounting methods. Generally,
you can use any of the following accounting
methods. Each method is discussed in detail
below.
• Cash method.
• Accrual method.
• Special methods of accounting for certain
items of income and expenses.
• Combination (hybrid) method using elements of two or more of the above methods.
Business and other items. You can account
for business and personal items using different
accounting methods. For example, you can figure your business income under an accrual
method, even if you use the cash method to figure personal items.
6
Two or more businesses. If you operate two
or more separate and distinct businesses, you
can use a different accounting method for each
business. Generally, no business is separate
and distinct unless a complete and separate set
of books and records is maintained for each
business.
Cash Method
Most farmers use the cash method because
they find it easier to keep records and reflect income and expenses using this method. Certain
farm corporations and partnerships and all tax
shelters are generally required to use an accrual method of accounting. However, for tax
years beginning in 2024, farm corporations or
partnerships that have average annual gross receipts of $30 million or less for the 3 preceding
tax years and are not tax shelters can use the
cash method instead of the accrual method.
See Accrual Method Required, later. Also, see
Inventory, later.
Income
Under the cash method, include in your gross
income all items of income you actually or constructively received during the tax year. Items of
income include money received as well as property or services received. If you received property or services, you must include the fair market value (FMV) of the property or services
received in income. See chapter 3 for information on how to report farm income on your income tax return.
Constructive receipt. Income is constructively
received when an amount is credited to your account or made available to you without restriction. You do not need to have possession of the
income for it to be treated as income for the tax
year. You need to have the ability to receive the
income. If you authorize someone to be your
agent and receive income for you, you are considered to have received the income when your
agent receives it. Income is not constructively
received if your receipt of the income is subject
to substantial restrictions or limitations.
Delaying receipt of income. You cannot
hold checks or postpone taking possession of
similar property from one tax year to another to
avoid paying tax on the income. You must report
the income in the year the money or property is
received or made available to you without restriction.
Example. Frances Jones, a farmer who
uses the cash method of accounting was entitled to receive a $10,000 payment on a grain
contract in December 2024. Frances was told in
December that the payment was available, and
requested not to be paid until January 2025.
Frances must include this payment in 2024 income because it was made available in 2024.
Debts paid by another person or canceled. If your debts are paid by another person
or canceled by your creditors, you may have to
report part or all of this debt relief as income. If
Chapter 2
Accounting Methods
you receive income in this way, you constructively receive the income when the debt is canceled or paid. See Cancellation of Debt in chapter 3 for more information.
Deferred payment contract. If you sell an
item under a deferred payment contract that
calls for payment in a future year, there is no
constructive receipt in the year of sale. However, if the sales contract states that you have
the right to the proceeds of the sale from the
buyer at any time after delivery of the item, then
you must include the selling price of the item in
income in the year of the sale, regardless of
when you actually receive payment.
Example. You are a farmer who uses the
cash method and a calendar tax year. You sell
grain in December 2024 under a bona fide
arm's-length contract that calls for payment in
2025. You include the proceeds from the sale in
your 2025 gross income since that is the year
payment is received. However, if the contract
states that you have the right to the proceeds
from the buyer at any time after the grain is delivered, you must include the sales price in your
2024 income, even if payment is received in the
following year.
Repayment of income. If you include an
amount in income and in a later year you have
to repay all or part of it, then you may be able to
deduct the repayment in the year repaid. The
type of deduction you are allowed in the year of
repayment depends on the type of income you
included in the earlier year. If you use the cash
method of accounting, you can take the deduction (or credit, if applicable) for the tax year in
which you actually make the repayment. If you
use any other accounting method, you can deduct the repayment or claim a credit for it only
for the tax year in which it is a proper deduction
under your accounting method. For example, if
you use the accrual method, you are entitled to
the deduction or credit in the tax year in which
the obligation for the repayment accrues.
Expenses
Under the cash method, you generally deduct
expenses in the tax year you pay them. This includes business expenses for which you contest liability. However, you may not be able to
deduct an expense paid in advance or you may
be required to capitalize certain costs, as explained under Uniform Capitalization Rules in
chapter 6. See chapter 4 for information on how
to deduct farm business expenses on your income tax return.
Prepayment. Generally, you cannot deduct expenses paid in advance. This rule applies to any
expense paid far enough in advance to, in effect, create an asset with a useful life extending
substantially beyond the end of the current tax
year.
Example. On November 1, 2024, you
signed and paid $3,600 for a 3-year (36-month)
insurance contract for equipment. In 2024, you
are allowed to deduct only $200 (2/36 x $3,600)
of the cost of the policy that is attributable to
2024. In 2025, you'll be able to deduct $1,200
Publication 225 (2024)
(12/36 x $3,600); in 2026, you'll be able to deduct $1,200 (12/36 x $3,600); and in 2027,
you'll be able to deduct the remaining balance
of $1,000.
An exception applies if the expense qualifies
for the 12-month rule. Under the 12-month rule,
a taxpayer is not required to capitalize amounts
paid to create certain rights or benefits for the
earlier of the following:
• 12 months after the right or benefit begins,
or
• The end of the tax year after the tax year in
which payment is made.
See Pub. 538 for more information and examples.
See chapter 4 for special rules for prepaid
farm supplies and prepaid livestock feed.
Accrual Method
Under the accrual method of accounting, you
generally report income in the year earned and
deduct or capitalize expenses in the year incurred. The purpose of an accrual method of accounting is to correctly match income and expenses in the correct tax year. Certain large
farm businesses must use an accrual method of
accounting for its farm activities and for sales
and purchases of inventory items. See Accrual
Method Required and Farm Inventory, later.
Income
Generally, you include an amount in income for
the tax year in which all events that fix your right
to receive the income have occurred, and you
can determine the amount with reasonable accuracy. Under this rule, include an amount in income on the earliest of the following dates.
• When you receive payment.
• When the income amount is due to you.
• When you earn the income.
• When title passes.
• When included as revenue in an applicable
financial statement, if you have an applicable financial statement.
For more information, see Pub. 538. If you
use an accrual method of accounting, complete
Part III of Schedule F (Form 1040) to report your
income.
Inventory
Generally, if you keep an inventory, you must
use an accrual method of accounting to determine your gross income. However, see Exception below. An inventory is necessary to clearly
show income when the production, purchase, or
sale of merchandise is an income-producing
factor. See Pub. 538 for more information. Also,
see Farm Inventory, later, for more information
on items that must be included in inventory by
farmers, and inventory valuation methods for
farmers.
Exception. For tax years beginning in 2024,
you are not required to maintain an inventory if
the average annual gross receipts for the 3 preceding tax years for the farm is $30 million or
less and the farm is not a tax shelter. In this
case, the farm can use a method of accounting
that (1) treats inventory as nonincidental materiPublication 225 (2024)
als and supplies, or (2) accounts for the inventory in the same manner as the applicable financial statements. If it does not have an
applicable financial statement, it can use the
method of accounting used in its books and records prepared according to its accounting procedures.
Expenses
Under an accrual method of accounting, you
generally deduct or capitalize a business expense when both of the following apply.
1. The all-events test has been met. This test
is met when:
a. All events have occurred that fix the
fact that you have a liability, and
b. The amount of the liability can be determined with reasonable accuracy.
2. Economic performance has occurred.
Economic performance. Generally, you cannot deduct or capitalize a business expense until economic performance occurs. If your expense is for property or services provided to
you, or for your use of property, economic performance occurs as the property or services are
provided or as the property is used. If your expense is for property or services you provide to
others, economic performance occurs as you
provide the property or services.
Example. Jane, who is a farmer, uses a calendar tax year and an accrual method of accounting. To take advantage of early payment
discounts, Jane paid for seed in October 2023.
The seed was delivered in March 2024. Economic performance did not occur until the seed
was delivered and planted. Jane incurs the expense in 2024.
An exception to the economic performance
rule allows certain recurring items to be treated
as incurred during a tax year even though economic performance has not occurred. For more
information, see Economic Performance in Pub.
538.
Special rule for related persons. Business
expenses and interest owed to a related person
who uses the cash method of accounting are
not deductible until you make the payment and
the corresponding amount is includible in the
related person's gross income. Determine the
relationship for this rule as of the end of the tax
year for which the expense or interest would
otherwise be deductible.
Accrual Method Required
Generally, the following businesses, if engaged
in farming, are required to use an accrual
method of accounting.
1. A corporation that has gross receipts of
more than $30 million.
2. A partnership with a corporation as a partner, if that corporation meets the requirements of (1) above.
3. A tax shelter (discussed below).
Chapter 2
Accounting Methods
Note. Items (1) and (2) above do not apply
to an S corporation or a business operating a
nursery or sod farm, or the raising or harvesting
of trees (other than fruit and nut trees).
Tax shelter. A tax shelter is a partnership, noncorporate enterprise, or S corporation that
meets either of the following tests.
1. Its principal purpose is the avoidance or
evasion of federal income tax.
2. It is a farming syndicate. A farming syndicate is an entity that meets either of the
following tests.
a. Interests in the activity have been offered for sale in an offering required to
be registered with a federal or state
agency with the authority to regulate
the offering of securities for sale.
b. More than 35% of the losses during
the tax year are allocable to limited
partners or limited entrepreneurs.
A “limited partner” is one whose personal liability for partnership debts is limited to the
money or other property the partner contributed
or is required to contribute to the partnership.
A “limited entrepreneur” is one who has an
interest in an enterprise other than as a limited
partner and does not actively participate in the
management of the enterprise.
Note. If a farming business has average annual gross receipts of $30 million or less for the
3 preceding tax years and is not a tax shelter,
the farm is not subject to the uniform capitalization rules. See Uniform capitalization rules,
later. Also, see Uniform Capitalization Rules in
chapter 6.
Farm Inventory
If you are required to keep an inventory, you
should keep a complete record of your inventory as part of your farm records. This record
should show the actual count or measurement
of the inventory. It should also show all factors
that enter into its valuation, including quality and
weight, if applicable. Below are some items that
could be included in inventory.
Hatchery business. If you are in the hatchery
business, and use an accrual method of accounting, you must include in inventory eggs in
the process of incubation.
Products held for sale. All harvested and purchased farm products held for sale or for feed or
seed, such as grain, hay, silage, concentrates,
cotton, tobacco, etc., must be included in inventory.
Supplies. Supplies acquired for sale or that
become a physical part of items held for sale
must be included in inventory. Deduct the cost
of supplies in the year used or consumed in operations. Do not include incidental supplies in
inventory as these are deductible in the year of
purchase.
Livestock. Livestock held primarily for sale
must be included in inventory. Livestock held for
draft, breeding, or dairy purposes can either be
7
depreciated or included in inventory. Also, see
Unit-livestock-price method, later. If you are in
the business of breeding and raising chinchillas,
mink, foxes, or other fur-bearing animals, these
animals are livestock for inventory purposes.
Growing crops. Generally, growing crops are
not required to be included in inventory. However, if the crop has a preproductive period of
more than 2 years, you may have to capitalize
(or include in inventory) costs associated with
the crop.
Uniform capitalization rules. The following applies if you are required to use an accrual
method of accounting.
• The uniform capitalization rules apply to all
costs of raising a plant, even if the preproductive period of raising a plant is 2 years
or less.
• The costs of animals are subject to the uniform capitalization rules.
Note. If a farming business has average annual gross receipts of $30 million or less for the
3 preceding tax years and is not a tax shelter,
the farm is not subject to the uniform capitalization rules. See Uniform Capitalization Rules in
chapter 6.
Items to include in inventory. Your inventory
should include all items held for sale, or for use
as feed, seed, etc., whether raised or purchased, that are unsold at the end of the year.
Inventory valuation methods. The following
methods, described below, are those generally
available for valuing inventory. The method you
use must conform to generally accepted accounting principles for similar businesses and
must clearly reflect income.
• Cost.
• Lower of cost or market.
• Farm-price method.
• Unit-livestock-price method.
Cost and lower of cost or market methods. See Pub. 538 for information on these valuation methods.
If you value your livestock inventory at
TIP cost or the lower of cost or market, you
do not need IRS approval to change to
the unit-livestock-price method. However, if you
value your livestock inventory using the
farm-price method, then you must obtain permission from the IRS to change to the unit-livestock-price method.
Farm-price method. Under this method,
each item, whether raised or purchased, is valued at its market price less the direct cost of
disposition. Market price is the current price at
the nearest market in the quantities you usually
sell. Cost of disposition includes broker's commissions, freight, hauling to market, and other
marketing costs. If you use this method, you
must use it for your entire inventory, except that
livestock can be inventoried under the unit-livestock-price method.
Unit-livestock-price method. This method
recognizes the difficulty of establishing the exact costs of producing and raising each animal.
8
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 animals that were sold or lost
in the year-end inventory. If your records do not
show which animals were sold or lost, treat the
first animals acquired as sold or lost. The animals on hand at the end of the year are considered those most recently acquired.
You must include in inventory all livestock
purchased primarily for sale. You can choose either to include in inventory or depreciate livestock purchased for draft, breeding, sport, or
dairy purposes. However, you must be consistent from year to year, regardless of the method
you have chosen. You cannot change your
method without obtaining approval from the
IRS.
You must include in inventory animals purchased after maturity or capitalize them at their
purchase price. If the animals are not mature at
purchase, increase the cost at the end of each
tax year according to the established unit price.
However, in the year of purchase, do not increase the cost of any animal purchased during
the last 6 months of the year. This “no increase”
rule does not apply to tax shelters, which must
make an adjustment for any animal purchased
during the year. It also does not apply to taxpayers that must make an adjustment to reasonably
reflect the particular period in the year in which
animals are purchased, if necessary to avoid
significant distortions in income.
Note. A farmer can determine costs required to be allocated under the uniform capitalization rules by using the farm-price or unit-livestock-price inventory method. This applies to
any plant or animal, even if the farmer does not
hold or treat the plant or animal as inventory
property.
Cash Versus Accrual Method
The following examples compare the cash and
accrual methods of accounting.
Example 1, Accrual Method. You are a
farmer who uses an accrual method of accounting. You keep your books on the calendar year
basis. You sell grain in December 2024 but you
are not paid until January 2025. Because you
use the accrual method, you report the grain
Chapter 2
Accounting Methods
sale in 2024 because that is when the income
was earned, even though you did not receive
the income until 2025.
Example 2, Cash Method. Assume the
same facts as in Example 1 except that you use
the cash method and there was no constructive
receipt of the sales proceeds in 2024. Under the
cash method, you include the sales proceeds in
income in 2025, 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. If you do not harvest and dispose of your crop in the same tax year that you
plant it, you can, with IRS approval, use the crop
method of accounting. You cannot use the crop
method for any tax return, including your first tax
return, unless you receive approval from the
IRS. Under this method, you deduct the entire
cost of producing the crop, including the expense of seed or young plants, in the year you
realize income from the crop.
See chapter 4 for details on deducting the
costs of operating a farm. Also, see Regulations
section 1.162-12.
Other special methods. Other special methods of accounting apply to the following items.
• Amortization, see chapter 7.
• Casualties, see chapter 11.
• Condemnations, see chapter 11.
• Depletion, see chapter 7.
• Depreciation, see chapter 7.
• Farm business expenses, see chapter 4.
• Farm income, see chapter 3.
• Installment sales, see chapter 10.
• Soil and water conservation expenses, see
chapter 5.
• Thefts, see chapter 11.
Combination Method
Generally, you can use any combination of
cash, accrual, and special methods of accounting if the combination clearly shows your income and expenses and you use it consistently.
However, the following restrictions apply.
• If you use the cash method for figuring your
income, you must use the cash method for
reporting your expenses.
• If you use an accrual method for reporting
your expenses, you must use an accrual
method for figuring your income.
Changes in Methods of
Accounting
A change in your method of accounting includes a change in:
• Your overall method, such as from the cash
method to an accrual method, and
Publication 225 (2024)
• Your treatment of any material item, such
as a change in your method of valuing inventory. For example, you change your inventory method from the farm-price
method to the unit-livestock-price method.
Generally, once you have set up your accounting method, you must receive approval from the
IRS before you can change either an overall
method of accounting or the accounting treatment of any material item. A user fee may be required for any non-automatic change requests.
Form 3115. To obtain approval, you must generally file Form 3115. There are instances when
you can obtain automatic consent to change
certain accounting methods. In other instances,
you can file Form 3115 using the non-automatic
change request procedures to request an accounting method change. For more information,
see Form 3115 and the Instructions for Form
3115. Also, see Pub. 538.
Table 3-1. Where To Report Sales of Farm Products
Item Sold
Farm products raised for sale
X
Farm products bought for resale
X
Farm assets not held primarily for sale, such as
livestock held for draft, breeding, sport, or dairy
purposes (bought or raised), and equipment
Useful Items
You may want to see:
Publication
525 Taxable and Nontaxable Income
525
544 Sales and Other Dispositions of
Assets
908 Bankruptcy Tax Guide
908
925 Passive Activity and At-Risk Rules
925
Introduction
You may receive income from many sources.
You must report the income from all the different
sources on your tax return, unless it is excluded
by law. Where you report the income on your
tax return depends on its source.
This chapter discusses farm income you report on Schedule F (Form 1040), Profit or Loss
From Farming. For information on where to report other income, see the Instructions for
Forms 1040 and 1040-SR, U.S. Individual Income Tax Return.
Accounting method. The rules discussed in
this chapter assume you use the cash method
of accounting. Under the cash method, you
generally include an item of income in gross income in the year you receive it. See Cash
Method in chapter 2.
If you use an accrual method of accounting,
different rules may apply to your situation. See
Accrual Method in chapter 2.
Topics
This chapter discusses:
•
•
•
•
•
•
•
•
Schedule F (Form 1040)
Sales of farm products
Rents (including crop shares)
Agricultural program payments
Income from cooperatives
Cancellation of debt
Income from other sources
Income averaging for farmers
Publication 225 (2024)
X
income from operating a stock, dairy, poultry,
fish, fruit, or truck farm and income from operating a plantation, ranch, range, orchard, or grove.
It also includes income from the sale of crop
shares if you materially participate in producing
the crop. See Rents (Including Crop Shares),
later.
544
550
Farm Income
Form 4797**
* See the Instructions for Schedule F for more information.
** See the Instructions for Form 4797 for more information.
550 Investment Income and Expenses
3.
Schedule F*
4681 Canceled Debts, Foreclosures,
Repossessions, and Abandonments
4681
Form (and Instructions)
982 Reduction of Tax Attributes Due to
Discharge of Indebtedness
982
Sch E (Form 1040) Supplemental
Income and Loss
Sch E (Form 1040)
Sch F (Form 1040) Profit or Loss From
Farming
Income received from operating a nursery,
which specializes in growing ornamental plants,
is considered to be income from farming.
Income reported on Schedule F doesn't include gains or losses from sales or other dispositions of the following farm assets.
• Land.
• Depreciable farm equipment.
• Buildings and structures.
• Livestock held for draft, breeding, sport, or
dairy purposes.
Gains and losses from most dispositions of
farm assets are discussed in chapters 8 and 9.
Gains and losses from casualties, thefts, and
condemnations are discussed in chapter 11.
Sch F (Form 1040)
Sch J (Form 1040) Income Averaging for
Individuals with Income from Farming
or Fishing
Sch J (Form 1040)
1099-G Certain Government Payments
1099-G
1099-MISC Miscellaneous Information
Sales of Farm Products
Where to report. Table 3-1 shows where to report the sale of farm products on your tax return.
Schedule F (Form 1040)
Schedule F. Amounts received from the
sales of products you raised on your farm for
sale (or bought for resale), such as livestock,
produce, or grains, are reported on Schedule F.
This includes money and the fair market value
of any property or services you receive. When
you sell farm products bought for resale, your
profit or loss is the difference between your selling price (money plus the fair market value of
any property) and your basis in the item (usually
the cost). See chapter 6 for information on the
basis of assets. You generally report these
amounts on Schedule F for the year you receive
payment.
Individuals, trusts, partnerships, S corporations,
LLCs taxed as partnerships, and sole members
of a domestic LLC engaged in the business of
farming report farm income on Schedule F
(Form 1040). Use this schedule to figure the net
profit or loss from regular farming operations.
Example. In 2023, you bought 20 feeder
calves for $20,000 for resale. You sold them in
2024 for $25,000. You report the $25,000 sales
price on Schedule F, line 1a, subtract your
$20,000 basis on line 1b, and report the resulting $5,000 profit on line 1c.
Corporations use Form 1120 to report
Form 4797. Sales of livestock held for draft,
breeding, sport, or dairy purposes may result in
ordinary or capital gains or losses, depending
on the circumstances. In either case, you
should not report these sales on Schedule F. Instead, report these sales on Form 4797. See
Livestock under Ordinary or Capital Gain or
Loss in chapter 8. Animals that you don't hold
1099-MISC
1099 NEC Nonemployee Compensation
1099 NEC
1099-PATR Taxable Distributions
Received From Cooperatives
1099-PATR
4797 Sales of Business Property
4797
4835 Farm Rental Income and
Expenses
4835
See How To Get Tax Help for information about
getting publications and forms.
TIP the income or loss from regular farming
operations.
Income from farming reported on Schedule F includes amounts you receive from cultivating, operating, or managing a farm for gain or
profit, either as owner or tenant. This includes
Chapter 3
Farm Income
9
primarily for sale are considered business assets of your farm. Some sales of timber/forest
products are also reported on Form 4797. See
Timber in chapter 8 for more information.
Sale by agent. If your agent sells your farm
products, you have constructive receipt of the
income when your agent receives payment and
you must include the net proceeds from the sale
in gross income for the year the agent receives
payment. This applies even if your agent pays
you in a later year. For a discussion on constructive receipt of income, see Cash Method
under Accounting Methods in chapter 2.
Sales Caused by
Weather-Related Conditions
If you sell or exchange more livestock, including
poultry, than you normally would in a year because of a drought, flood, or other weather-related condition, you may be able to postpone reporting the gain from the additional animals until
the next year. This applies to livestock that are
held for sale (either raised or purchased) as well
as livestock held for draft, breeding, sport, or
dairy purposes. You must meet all the following
conditions to qualify.
• Your principal trade or business is farming.
• You use the cash method of accounting.
• You can show that, under your usual business practices, you wouldn't have sold or
exchanged the additional animals this year
except for the weather-related condition.
• The weather-related condition caused an
area to be designated as eligible for assistance by the federal government.
Disaster assistance and emergency
TIP relief for individuals and busi-
nesses. Special tax law provisions
may help taxpayers and businesses recover financially from the impact of a disaster, especially when the federal government declares
their location to be a major disaster area. Get
the latest tax relief guidance in disaster situations at IRS.gov/uac/Tax-Relief-in-DisasterSituations and with regards to disaster area losses, at IRS.gov/businesses/Small-BusinessesSelf-Employed/Disaster-Assistance-andEmergency-Relief-for-Individuals-andBusinesses.
Sales or exchanges made before an area
became eligible for federal assistance qualify if
the weather-related condition that caused the
sale or exchange also caused the area to be
designated as eligible for federal assistance.
The designation can be made by the President,
the Department of Agriculture (or any of its
agencies), or by other federal departments or
agencies.
A weather-related sale or exchange of
TIP livestock (other than poultry) held for
draft, breeding, or dairy purposes may
be an involuntary conversion. See Other Involuntary Conversions in chapter 11. Table 3-2
shows a comparison of the difference between
Section 451(g) and Section 1033(e).
Usual business practice. You must determine
the number of animals you would have sold had
you followed your usual business practice in the
10
Table 3-2. Sales Caused by Weather-Related Conditions
Section 451(g)
Section 1033(e)
All livestock
Livestock held for
draft, breeding, or
dairy purposes
Required to buy back replacements
No
Yes
Disaster declaration required
Yes
No
Not applicable
Two years from the
end of the taxable
year of sale, or 4
years if area is
eligible for federal
assistance.
Qualified livestock
Time period for replacement
absence of the weather-related condition. Do
this by considering all the facts and circumstances, but don't take into account your sales in
any earlier year for which you postponed the
gain. If you haven't yet established a usual business practice, rely on the usual business practices of similarly situated farmers in your general
region.
Connection with affected area. The livestock
doesn't have to be raised or sold in an area affected by a weather-related condition for the
postponement to apply. However, the sale must
occur solely because of a weather-related condition that affected the water, grazing, or other
requirements of the livestock. This requirement
generally won't be met if the costs of feed, water, or other requirements of the livestock affected by the weather-related condition aren't substantial in relation to the total costs of holding
the livestock.
Classes of livestock. You must figure the
amount to be postponed separately for each
generic class of animals—for example, hogs,
sheep, and cattle. Don’t separate animals into
classes based on age, sex, or breed.
Amount to be postponed. Follow these steps
to figure the amount of gain to be postponed for
each class of animals.
1. Divide the total income realized from the
sale of all livestock in the class during the
tax year by the total number of such livestock sold. For this purpose, don't treat
any postponed gain from the previous year
as income received from the sale of livestock.
2. Multiply the result in (1) by the excess
number of such livestock sold solely because of weather-related conditions.
Example. You're a calendar year taxpayer
and you normally wean 100 beef calves in the
fall and feed them through the winter, selling in
January or February. As a result of drought, you
decide you don't have enough feed for all of
your calves, so you sell 35 head in the fall at
weaning and plan to sell the remaining 65
calves in January. As a result, you sold 135
head in 2023 (100 sold in February and 35 sold
at weaning in 2023). You realized $121,500
from the sale ($121,500 ÷ 135 = $900 per
head). On August 10, 2023, as a result of
drought, the affected area was declared a disaster area eligible for federal assistance. The
Chapter 3
Farm Income
income you can postpone until 2024 is $31,500
[($121,500 ÷ 135) × 35].
How to postpone gain. To postpone gain, attach a statement to your tax return for the year
of the sale. The statement must include your
name and address and give the following information for each class of livestock for which
you're postponing gain.
• A statement that you're postponing gain
under section 451(g).
• 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 above, of the
income to be postponed for each class of
livestock.
Generally, you must file the statement and
the return by the due date of the return, including extensions. However, for sales or exchanges treated as an involuntary conversion
from weather-related sales of livestock in an
area eligible for federal assistance (discussed
in chapter 11), you are required to attach a
statement in the year you realize the gain and
again in the year you replace the livestock. 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.
Publication 225 (2024)
Rents
The cash rent you receive for the use of your
farmland by another person or entity is generally rental income, reported on Schedule E, and
not farm income. However, the rent is farm income if:
1. Your arrangement with your tenant provides that you will materially participate in
the production or management of production of the farm products on the land, and
2. You materially participate.
See Landlord Participation in Farming in chapter 12.
Pasture income and rental. If you pasture
someone else's livestock and take care of them
for a fee, the income is from your farming business. You must enter it as “Other Income” on
Schedule F. If you simply rent your pasture or
other farm real estate for a flat cash amount
without providing services, report the income as
rent on Schedule E (Form 1040), Part I.
Crop Shares
You must include rent you receive in the form of
crop shares in income in the year you convert
the shares to money or the equivalent of money.
It doesn't matter whether you use the cash
method of accounting or an accrual method of
accounting.
If you receive rent in the form of crop shares
or livestock, the rental income is included in
self-employment income if:
1. Your arrangement with your tenant provides that you will materially participate in
the production or management of production of the farm products on the land, and
2. You materially participate.
See Landlord Participation in Farming in chapter 12. Report the rental income on Schedule F.
The crop share income isn’t included in
self-employment income if:
1. Your arrangement with your tenant doesn’t
provide that you will materially participate
in the production or management of production of the farm products on the land,
or
2. You don't materially participate in operating the farm.
Report this income on Form 4835, and carry the
net income or loss to Schedule E (Form 1040),
page 2.
Crop shares you use to feed livestock. Crop
shares you receive as a landlord and feed to
your livestock are considered converted to
money when fed to the livestock. You must include the fair market value of the crop shares in
income at that time. You're entitled to a business expense deduction for the livestock feed in
the same amount and at the same time you include the fair market value of the crop share as
rental income. Although these two transactions
cancel each other for figuring adjusted gross inPublication 225 (2024)
Table 3-3. Income from Renting Machinery or Equipment
Report on
Subject to
self-employment
tax
Machinery rented with land
Schedule E
No
Machinery rented without land, rising to the level
of a trade or business
Schedule C
Yes
Schedule 1, Line 8l
No
Form 4835, line 6
No
Machinery rented without land, not rising to the
level of a trade or business
Machinery rented with land in a crop-share
arrangement
come on Form 1040 or 1040-SR, they may be
necessary to figure your self-employment tax.
See Landlord Participation in Farming and Farm
Optional Method in chapter 12.
Crop shares you give to others (gift). Crop
shares you receive as a landlord and give to
others are considered converted to money
when you make the gift. You must report the fair
market value of the crop share as income, even
though someone else receives payment for the
crop share. This applies even if the gift is made
to a qualified charitable organization.
Example. A tenant farmed part of your land
under a crop-share arrangement. The tenant
harvested and delivered the crop in your name
to an elevator company. Before selling any of
the crop, you instructed the elevator company to
cancel your warehouse receipt and make out
new warehouse receipts in equal amounts of
the crop in the names of your children. They sell
their crop shares in the following year and the
elevator company makes payments directly to
your children.
In this situation, you're considered to have
received rental income and then made a gift of
that income. You must include the fair market
value of the crop shares in your income for the
tax year you gave the crop shares to your children.
Crop share loss. If you're involved in a rental
or crop-share lease arrangement that isn't included in self-employment income, any loss from
these activities may be subject to the limits under the passive loss rules.
Machinery or Equipment
Income from renting machinery or equipment to
others is subject to self-employment tax if the
equipment is not leased with real property and
the rental activity is a trade or business. Table 3-3. Income from Renting Machinery or
Equipment summarizes the different tax treatments:
Rental income may be recharacterized
as non-passive. This can happen when
CAUTION income from rental property of which
less than 30% of the unadjusted basis is subject
to depreciation must be recharacterized as nonpassive.
!
Chapter 3
Farm Income
Agricultural Program
Payments
You must include in income most government
payments, such as those for approved conservation practices, livestock indemnity payments,
or livestock forage disaster payments whether
you receive them in cash, materials, services, or
commodity certificates. However, you can exclude from income some payments you receive
under certain cost-sharing conservation programs if there is a corresponding reduction in
basis of a related improvement. See Cost-Sharing Exclusion (Improvements), later.
Report the agricultural program payment on
the appropriate line of Schedule F, Part I. Report
the full amount even if you return a government
check for cancellation, refund any of the payment you receive, or the government collects all
or part of the payment from you by reducing the
amount of some other payment or Commodity
Credit Corporation (CCC) loan. However, you
can deduct the amount you refund or return or
that reduces some other payment or loan to
you. Claim the deduction on Schedule F, Part II,
for the year of repayment or reduction.
Commodity Credit
Corporation (CCC) Loans
Generally, you don't report loans you receive as
income. However, if you pledge part or all of
your production to secure a CCC loan, you can
treat the loan as if it were a sale of the crop and
report the loan proceeds as income in the year
you receive them. You don't need approval from
the IRS to adopt this method of reporting CCC
loans.
Once you report a CCC loan as income for
the year received, you must generally report all
CCC loans in that year and later years in the
same way. However, you can obtain for your tax
year an automatic consent to change your
method of accounting for loans received from
the CCC, from including the loan amount in
gross income for the tax year in which the loan
is received to treating the loan amount as a
loan. For more information, see Part I of the Instructions for Form 3115 and Revenue Procedure 2008-52. Revenue Procedure 2008-52,
2008-36 I.R.B. 587, is available at
IRS.gov/irb/2008-36_IRB#NOT-2008-52.
11
You can request income tax withhold-
TIP ing from CCC loan payments you re-
ceive. Use Form W-4V. See How To
Get Tax Help for information about ordering the
form.
To elect to report a CCC loan as income, include the loan proceeds as income on Schedule F for the year you receive it. Attach a statement to your return showing the details of the
loan.
You must file the statement and the return by
the due date of the return, including extensions.
If you timely filed your return for the year without
making the election, you can still make the election by filing an amended return within 6 months
of the due date of the return (excluding extensions). Attach the statement to the amended return and write “Filed pursuant to section
301.9100-2” at the top of the return. File the
amended return at the same address you filed
the original return.
When you make this election, the amount
you report as income becomes your basis in the
commodity. See chapter 6 for information on the
basis of assets. If you later repay the loan, redeem the pledged commodity, and sell it, you
report as income at the time of sale the sale
proceeds minus your basis in the commodity. If
the sale proceeds are less than your basis in
the commodity, you can report the difference as
a loss on Schedule F.
If you forfeit the pledged crops to the CCC in
full payment of the loan, the forfeiture is treated
for tax purposes as a sale of the crops. If you
didn't report the loan proceeds as income for
the year you received them, you must include
them in your income for the year of the forfeiture.
Form 1099-A. If you forfeit pledged crops to
the CCC in full payment of a loan, you may receive a Form 1099-A. “CCC” should be shown
in box 6. The amount of any CCC loan outstanding when you forfeited your commodity
should also be indicated on the form.
Market Gain
Under the CCC nonrecourse marketing assistance loan program, your repayment amount for
a loan secured by your pledge of an eligible
commodity is generally based on the lower of
the loan rate or the prevailing world market price
for the commodity on the date of repayment. If
you repay the loan when the world price is
lower, the difference between that repayment
amount and the original loan amount is market
gain. Whether you use cash or CCC certificates
to repay the loan, you will receive a Form
1099-G showing the market gain you realized.
Market gain should be reported as follows.
• If you elected to include the CCC loan in
income in the year you received it, don’t include the market gain in income. However,
reduce (adjust) the basis of the commodity
for the amount of the market gain.
• If you didn’t include the CCC loan in income in the year received, include the market gain in your income.
The following examples show how to report
market gain.
12
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 2023, Mike pledged 10,000 pounds
of cotton as collateral for a CCC loan of $5,200
(a loan rate of $0.52 per pound). In 2024, he repaid the loan and redeemed the cotton for
$4,000 when the world price was $0.40 per
pound (lower than the loan amount). Later in
2024, he sold the cotton for $6,500.
The market gain on the redemption was
$0.12 ($0.52 – $0.40) per pound. Mike realized
total market gain of $1,200 ($0.12 x 10,000
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 2023.
Included CCC loan. Mike reported the
$5,200 CCC loan as income for 2023 on Schedule F, line 5a, so he is treated as if he sold the
cotton for $5,200 when he pledged it and repurchased the cotton for $4,000 when he redeemed it. The $1,200 market gain isn’t recognized on the redemption. He reports it for 2024
as an agricultural program payment on Schedule F, line 4a, but doesn't include it as a taxable
amount on line 4b.
Mike's basis in the cotton after he redeemed
it was $4,000, which is the redemption (repurchase) price paid for the cotton. His gain from the
sale is $1,200 ($5,200 – $4,000). He reports the
$5,000 sale on line 1a and the $4,000 basis on
line 1b. After subtracting his basis from the sale,
Mike will have a $1,200 gain for 2024 on Schedule F, line 1c.
Excluded CCC loan. Mike didn’t elect to
report the $5,200 CCC loan as income and
therefore didn’t include it on his 2023 Schedule F. When he paid $4,000 to pay off the loan in
2024, he had to recognize $1,200 of income
from market gain.
Example 2. The facts are the same as in
Example 1, except that, instead of selling the
cotton for $6,500 after redeeming it, Mike entered into an option-to-purchase contract with a
cotton buyer before redeeming the cotton. Under that contract, Mike authorized the cotton
buyer to pay the CCC loan on Mike's behalf. In
2024, the cotton buyer repaid the loan for
$4,000 and immediately exercised his option,
buying the cotton for $4,000. How Mike reports
the $1,200 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 2023.
Included CCC loan. As in Example 1, Mike
is treated as though he sold the cotton for
$5,200 when he pledged it and repurchased the
cotton for $4,000 when the cotton buyer redeemed it for him. The $1,200 market gain isn’t
recognized on the redemption. Mike reports it
for 2024 as an agricultural program payment on
Schedule F, line 4a, but doesn't include it as a
taxable amount on line 4b.
Also, as in Example 1, Mike's basis in the
cotton when the cotton buyer redeemed it for
him was $4,000. Mike has no gain or loss on its
sale to the cotton buyer for that amount.
Chapter 3
Farm Income
Excluded CCC loan. As in Example 1,
Mike didn't report the $5,200 loan as income in
2023 and must recognize $1,200 of income
from market gain in 2024.
Conservation Reserve
Program (CRP)
Under the CRP, if you own or operate highly
erodible or other specified cropland, you may
enter into a long-term contract with the USDA,
agreeing to convert to a less intensive use of
that cropland. You must include the annual payments and any one-time incentive payment you
receive under the program on the appropriate
lines of Schedule F. Cost-share payments you
receive may qualify for the cost-sharing exclusion. See Cost-Sharing Exclusion (Improvements), later. CRP payments are reported to
you on Form 1099-G.
Individuals who are receiving social se-
TIP curity retirement or disability benefits
may exclude CRP payments when calculating self-employment tax. See the Instructions for Schedule SE (Form 1040).
Crop Insurance and Crop
Disaster Payments
You must include in income any crop insurance
proceeds you receive as the result of physical
crop damage or reduction of crop revenue, or
both. Livestock insurance plans, such as livestock gross margin (LGM) and livestock risk
protection (LRP) are also considered crop insurance. You generally include them in the year
you receive them. Treat as crop insurance proceeds the crop disaster payments you receive
from the federal government as the result of destruction or damage to crops, or the inability to
plant crops, because of drought, flood, or any
other natural disaster.
You can request income tax withhold-
TIP ing from crop disaster payments you
receive from the federal government.
Use Form W-4V. See How To Get Tax Help for
information about ordering the form.
Election to postpone reporting until the following year. You can postpone reporting some
or all crop insurance proceeds as income until
the year following the year the physical damage
occurred if you meet all the following conditions.
• You use the cash method of accounting.
• You receive the crop insurance proceeds in
the same tax year the crops are damaged.
• You can show that under your normal business practice you would have included
more than 50% of the income from the
damaged crops in any tax year following
the year the damage occurred.
Proceeds received from revenue insurance
policies may be the result of either yield loss
due to physical damage or to decline in price
from planting to harvest. For these policies, only
the amount of the proceeds received as a result
of yield loss can be deferred. Proceeds received from weather insurance policies cannot
be deferred if the payment is based on rainfall
Publication 225 (2024)
amounts and is not a result of physical damage
to a crop.
To postpone reporting some or all crop insurance proceeds received in 2024, report the
amount you received on Schedule F, line 6a, but
don't include it as a taxable amount on line 6b.
Check the box on line 6c and attach a statement to your tax return. The statement must include your name and address and contain the
following information.
• A statement that you're making an election
under section 451(f) and Regulations section 1.451-6.
• The specific crop or crops physically destroyed or damaged.
• A statement that under your normal business practice you would have included
more than 50% of the income from some
or all of the destroyed or damaged crops in
gross income for a tax year following the
year the crops were destroyed or damaged.
• The cause of the physical destruction or
damage and the date or dates it occurred.
• The total payments you received from insurance carriers, itemized for each specific
crop, and the date you received each payment.
• The name of each insurance carrier from
whom you received payments.
One election covers all crops representing a
single trade or business. If you have more than
one farming business, make a separate election
for each one. For example, if you operate two
separate farms on which you grow different
crops and you keep separate books for each
farm, you should make two separate elections
to postpone reporting insurance proceeds you
receive for crops grown on each of your farms.
An election is binding for the year unless the
IRS approves your request to change it. To request IRS approval to change your election,
write to the IRS at the following address, giving
your name, address, identification number, the
year you made the election, and your reasons
for wanting to change it.
Ogden Submission Processing Center
P. O. Box 9941
Ogden, UT 84409
Feed Assistance and
Payments
The Disaster Assistance Act of 1988 authorizes
programs to provide feed assistance, reimbursement payments, and other benefits to
qualifying livestock producers if the Secretary of
Agriculture determines that, because of a natural disaster, a livestock emergency exists.
These programs include partial reimbursement
for the cost of purchased feed and for certain
transportation expenses. They also include the
donation or sale at a below-market price of feed
owned by the CCC.
Include in income:
• The market value of donated feed received,
• The difference between the market value
and the price you paid for feed you buy at
below-market prices, and
• Any cost reimbursement you receive.
Publication 225 (2024)
You must include these benefits in income in
the year you receive them. You can't postpone
reporting them under the rules explained earlier
for weather-related sales of livestock or crop insurance proceeds. Report the benefits on
Schedule F, Part I, as agricultural program payments. You can usually take a current deduction
for the same amount as a feed expense.
Cost-Sharing Exclusion
(Improvements)
You can exclude from your income part or all of
a payment you receive under certain federal or
state cost-sharing conservation, reclamation,
and restoration programs. However, see Effects
of the exclusion, later. A payment is any economic benefit you get as a result of an improvement. However, this exclusion applies only to
that part of a payment that meets all three of the
following tests.
1. It was for a capital expense. You can't exclude any part of a payment for an expense you can deduct in the year you pay
or incur it. You must include the payment
for a deductible expense in income, and
you can take any offsetting deduction. See
chapter 5 for information on deducting soil
and water conservation expenses.
2. It doesn't substantially increase your annual income from the property for which
it's made. An increase in annual income is
substantial if it's more than the greater of
the following amounts.
a. 10% of the average annual income
derived from the affected property before receiving the improvement.
b. $2.50 times the number of affected
acres.
3. The Secretary of Agriculture certified that
the payment was primarily made for conserving soil and water resources, protecting or restoring the environment, improving forests, or providing a habitat for
wildlife.
Qualifying programs. If the three tests listed
above are met, you can exclude part or all of the
payments from the following programs.
• The rural clean water program authorized
by the Federal Water Pollution Control Act.
• The rural abandoned mine program authorized by the Surface Mining Control and
Reclamation Act of 1977.
• The water bank program authorized by the
Water Bank Act.
• The emergency conservation measures
program authorized by title IV of the Agricultural Credit Act of 1978.
• The agricultural conservation program authorized by the Soil Conservation and Domestic Allotment Act.
• The great plains conservation program authorized by the Soil Conservation and Domestic Policy Act.
• The resource conservation and development program authorized by the Bankhead-Jones Farm Tenant Act and by the
Soil Conservation and Domestic Allotment
Act.
Chapter 3
Farm Income
• Certain small watershed programs, listed
later.
• Any program of a state, territory of the Uni-
ted States, a political subdivision of any of
these, or of the District of Columbia, under
which payments are made to individuals
primarily for conserving soil, protecting or
restoring the environment, improving forests, or providing a habitat for wildlife. Several state programs have been approved.
For information about the status of those
programs, contact the state offices of the
Farm Service Agency (FSA) and the Natural Resources and Conservation Service
(NRCS).
Small watershed programs. If the three
tests listed earlier are met, you can exclude part
or all of the payments you receive under the following programs for improvements made in
connection with a watershed.
• The programs under the Watershed Protection and Flood Prevention Act.
• The flood prevention projects under the
Flood Control Act of 1944.
• The Emergency Watershed Protection Program under the Flood Control Act of 1950.
• Certain programs under the Colorado
River Basin Salinity Control Act.
• The Wetlands Reserve Program 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.
• The Conservation Security Program authorized by the Food Security Act of 1985.
• The Forest Health Protection Program
(FHPP) authorized by the Cooperative Forestry Assistance Act of 1978.
Income realized. The gross income you realize upon getting an improvement under these
cost-sharing programs is the value of the improvement reduced by the sum of the excludable portion and your share of the cost of the improvement (if any).
Value of the improvement. You determine
the value of the improvement by multiplying its
fair market value (defined in chapter 6) by a
13
fraction. The numerator of the fraction is the total cost of the improvement (all amounts paid either by you or by the government for the improvement) reduced by the sum of the following
items.
• Any government payments under a program not listed earlier.
• Any part of a government payment under a
program listed earlier that the Secretary of
Agriculture hasn't certified as primarily for
conservation.
• Any government payment to you for rent or
for your services.
The denominator of the fraction is the total cost
of the improvement.
Excludable portion. The excludable portion is the present fair market value of the right
to receive annual income from the affected
acreage of the greater of the following amounts.
1. 10% of the prior average annual income
from the affected acreage. The prior average annual income is the average of the
gross receipts from the affected acreage
for the last 3 tax years before the tax year
in which you started to install the improvement.
2. $2.50 times the number of affected acres.
The calculation of present fair market
value of the right to receive annual inCAUTION come is too complex to discuss in this
publication. You may need to consult your tax
advisor for assistance.
!
Example. One hundred acres of your land
was reclaimed under a rural abandoned mine
program contract with the NRCS of the USDA.
The total cost of the improvement was
$500,000. The USDA paid $490,000. You paid
$10,000. The value of the cost-sharing improvement is $15,000.
The present fair market value of the right to
receive the annual income described in (1)
above was calculated to be $1,380, and the
present fair market value of the right to receive
the annual income described in (2) is $1,550.
The excludable portion is the greater amount,
$1,550.
You figure the amount to include in gross income as follows:
Value of cost-sharing
improvement . . . . . . . . . . . . . . . . . . $15,000
Minus:
Your share . . . . . $10,000
Excludable
1,550 11,550
portion . . . . . . . .
Amount included in income . . . . $ 3,450
Effects of the exclusion. When you figure the
basis of property you acquire or improve using
cost-sharing payments excluded from income,
subtract the excluded payments from your capital costs. Any payment excluded from income
isn't part of your basis. In the example above,
the increase in basis is $500,000 – $490,000 +
$3,450 = $13,450.
In addition, you can't take depreciation, amortization, or depletion deductions for the part of
the cost of the property for which you receive
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cost-sharing payments you exclude from income.
How to report the exclusion. Attach a statement to your tax return (or amended return) for
the tax year you receive the last government
payment for the improvement. The statement
must include the following information.
• The dollar amount of the cost funded by
the government payment.
• The value of the improvement.
• The amount you're excluding.
Report the total cost-sharing payments you
receive on Schedule F, line 4a, and the taxable
amount on line 4b.
Recapture. If you dispose of the property
within 20 years after you received the excluded
payments, you must treat as ordinary income
part or all of the cost-sharing payments you excluded. In the above example, if the 100 acres
were sold within 20 years of the exclusion for a
gain of $2,000, $1,550 of that amount would be
included in ordinary income. You must report
the recapture on Form 4797. See Section 1255
property under Other Gains in chapter 9.
Electing not to exclude payments. You can
elect not to exclude all or part of any payments
you receive under these programs. If you make
this election for all of these payments, none of
the above restrictions and rules apply. You must
make this election by the due date, including extensions, for filing your return. In the example
above, an election not to exclude payments results in $5,000 included in income and a
$15,000 increase in basis. If you timely filed
your return for the year without making the election, you can still make the election by filing an
amended return within 6 months of the due date
of the return (excluding extensions). Write “Filed
pursuant to section 301.9100-2” at the top of
the amended return and file it at the same address you filed the original return.
CFAP
The CFAP provides direct payments to producers of eligible agricultural commodities adversely affected by the coronavirus (COVID-19)
pandemic to help offset sales losses and increased marketing costs associated with the
COVID-19 pandemic.
CFAP payments are agricultural program
payments that you must include in gross income. Report the full amount of your CFAP payments on Schedule F (Form 1040), lines 4a and
4b. Go to USDA.gov for more information.
Other Payments
You must include most other government program payments in income.
Fertilizer and Lime
Include in income the value of fertilizer or lime
you receive under a government program. How
to claim the offsetting deduction is explained
under Fertilizer and Lime in chapter 4.
Chapter 3
Farm Income
Improvements
If government payments are based on improvements, such as a pollution control facility, you
must include them in income. You must also
capitalize the full cost of the improvement.
Since you have included the payments in income, they don't reduce your basis. However,
see Cost-Sharing Exclusion (Improvements),
earlier, for additional information.
Payment to More Than One
Person
The USDA reports program payments to the
IRS. It reports a program payment intended for
more than one person as having been paid to
the person whose identification number is on
record for that payment (payee of record). If
you, as the payee of record, receive a program
payment belonging to someone else, such as
your landlord, the amount belonging to the other
person is a nominee distribution. You should file
Form 1099-G to report the identity of the actual
recipient to the IRS. You should also give this information to the recipient. You can avoid the inconvenience of unnecessary inquiries about the
identity of the recipient if you file this form.
Report the total amount reported to you as
the payee of record on Schedule F. However,
don't report as a taxable amount any amount
belonging to someone else.
See How To Get Tax Help for information
about ordering Form 1099-G.
Income From
Cooperatives
If you buy farm supplies through a cooperative,
you may receive income from the cooperative in
the form of patronage dividends (refunds). If you
sell your farm products through a cooperative,
you may receive either patronage dividends or a
per-unit retain certificate, explained later, from
the cooperative.
Form 1099-PATR. The cooperative will report
the income to you on Form 1099-PATR or a similar form and send a copy to the IRS. Form
1099-PATR may also show an alternative minimum tax adjustment that you must include on
Form 6251 if you're required to file the form. For
information on the alternative minimum tax, see
the Instructions for Form 6251.
Patronage Dividends
You generally report patronage dividends as income on Schedule F for the tax year you receive them. They include the following items.
• Money paid as a patronage dividend, including cash advances received (for example, from a marketing cooperative).
• The stated dollar value of qualified written
notices of allocation.
• The fair market value of other property.
Don’t report as income any patronage dividends you receive from expenditures that
weren't deductible, such as buying personal or
Publication 225 (2024)
family items, capital assets, or depreciable
property. You must reduce the cost or other basis of these items by the amount of such patronage dividends received. Personal items include
fuel purchased for personal use and basic local
telephone service.
If you can't determine what the dividend is
for, report it as income on Schedule F, lines 3a
and 3b.
Qualified written notice of allocation. If you
receive a qualified written notice of allocation as
part of a patronage dividend, you must generally include its stated dollar value in your income on Schedule F in the year you receive it.
A written notice of allocation is qualified if at
least 20% of the patronage dividend is paid in
money or by qualified check and either of the
following conditions is met.
1. The notice must be redeemable in cash for
at least 90 days after it's issued, and you
must have received a written notice of your
right of redemption at the same time as the
written notice of allocation.
2. You must have agreed to include the stated dollar value in income in the year you
receive the notice by doing one of the following.
a. Signing and giving a written agreement to the cooperative.
b. Getting or keeping membership in the
cooperative after it adopted a bylaw
providing that membership constitutes
agreement. The cooperative must notify you in writing of this bylaw and
give you a copy.
c. Endorsing and cashing a qualified
check paid as part of the same patronage dividend. You must cash the
check by the 90th day after the close
of the payment period for the cooperative's tax year for which the patronage
dividend was paid.
Qualified check. A qualified check is any
instrument that's redeemable in money and
meets both of the following requirements.
• It's part of a patronage dividend that also
includes a qualified written notice of allocation for which you met condition 2c above.
• It's imprinted with a statement that endorsing and cashing it constitutes the payee's
consent to include in income the stated
dollar value of any written notices of allocation paid as part of the same patronage
dividend.
Loss on redemption. You can deduct on
Schedule F, Part II, any loss incurred on the redemption of a qualified written notice of allocation you received in the ordinary course of your
farming business. The loss is the difference between the stated dollar amount of the qualified
written notice you included in income and the
amount you received when you redeemed it.
Report the loss on redemption as an expense
on Schedule F, Part II, line 32 (Other expenses).
Label the expense as “Loss of Qualified Co-op
Allocation.”
Nonqualified notice of allocation. Don’t include the stated dollar value of any nonqualified
Publication 225 (2024)
notice of allocation in income when you receive
it. Your basis in the notice is zero. You must include in income for the tax year of disposition
any amount you receive from its sale, redemption, or other disposition. Report that amount,
up to the stated dollar value of the notice, on
Schedule F. However, don't include that amount
in your income if the notice resulted from buying
or selling capital assets or depreciable property
or from buying personal items, as explained in
the following discussions.
If the amount you receive is more than the
stated dollar value of the notice, report the excess as the type of income it represents. For example, if it represents interest income, report it
on your return as interest.
If the dividends are for selling capital assets
or depreciable property during the year you received the dividends, treat them as an additional amount received on the sale.
Buying or selling capital assets or depreciable property. Patronage dividends from buying capital assets or depreciable property used
in your business are not included in income.
You must, however, reduce the basis of these
assets by the dividends. This reduction is taken
into account as of the first day of the tax year in
which the dividends are received. If the dividends are more than your unrecovered basis,
reduce the unrecovered basis to zero and include the difference on Schedule F for the tax
year you receive them.
This rule and the exceptions explained below also apply to amounts you receive from the
sale, redemption, or other disposition of a nonqualified notice of allocation that resulted from
buying or selling capital assets or depreciable
property.
Per-Unit Retain Certificates
Example. On July 1, 2023, Mr. Brown, a
patron of a cooperative association, bought a
used machine for his dairy farm business from
the association for $12,900. The machine has a
life of 7 years under MACRS. Mr. Brown files his
return on a calendar year basis. For 2023, he
claimed a depreciation deduction of $1,382, using the 10.71% depreciation rate from the 150%
declining balance, half-year convention table
(shown in Table A-14 in Appendix A of Pub.
946). On July 2, 2024, the cooperative association paid Mr. Brown a $300 cash patronage dividend for buying the machine. Mr. Brown adjusts
the basis of the machine and figures his depreciation deduction for 2023 (and later years) as
follows.
Cost of machine on July 1, 2023
Minus: 2023 depreciation . . .
2024 cash dividend . .
Adjusted basis for
depreciation for 2024:
. . . . . . . . . .
. . . . .
. . . . .
$1,382
$300
. . . . . . . . . . .
$12,900
$1,682
$11,218
Depreciation rate: 1.0 ÷ 61/2 (remaining recovery period
as of 1/1/2024) = (0.1538) × 1.5 = 23.07%
Depreciation deduction for 2024
($11,218 × 0.2307) . . . . . . . .
. . . . .
$2,588
Exceptions. If the dividends are for buying
or selling capital assets or depreciable property
you didn't own at any time during the year you
received the dividends, you must include them
on Schedule F, unless one of the following rules
applies.
• If the dividends relate to a capital asset you
held for more than 1 year for which a loss
was or would have been deductible, treat
Chapter 3
Farm Income
them as gain from the sale or exchange of
a capital asset held for more than 1 year.
• If the dividends relate to a capital asset for
which a loss wasn't or wouldn't have been
deductible, don't report them as income
(ordinary or capital gain).
Personal purchases. Because you can't deduct the cost of personal, living, or family items,
such as supplies, equipment, or services not related to the production of farm income, you can
omit from the taxable amount of patronage dividends on Schedule F any dividends from buying those items (and you must reduce the cost
or other basis of those items by the amount of
the dividends). This rule also applies to
amounts you receive from the sale, redemption,
or other disposition of a nonqualified written notice of allocation resulting from these purchases.
A per-unit retain certificate is any written notice
that shows the stated dollar amount of a
per-unit retain allocation made to you by the cooperative. A per-unit retain allocation is an
amount paid to patrons for products sold for
them that's fixed without regard to the net earnings of the cooperative. These allocations can
be paid in money, other property, or qualified
certificates.
Per-unit retain certificates issued by a cooperative generally receive the same tax treatment
as patronage dividends, discussed earlier.
Qualified certificates. Qualified per-unit retain
certificates are those issued to patrons who
have agreed to include the stated dollar amount
of these certificates in income in the year of receipt. The agreement may be made in writing or
by getting or keeping membership in a cooperative whose bylaws or charter states that membership constitutes agreement. If you receive
qualified per-unit retain certificates, include the
stated dollar amount of the certificates in income on Schedule F, for the tax year you receive them.
Nonqualified certificates. Don't include the
stated dollar value of a nonqualified per-unit retain certificate in income when you receive it.
Your basis in the certificate is zero. You must include in income any amount you receive from its
sale, redemption, or other disposition. Report
the amount you receive from the disposition as
ordinary income on Schedule F, lines 3a and 3b,
for the tax year of disposition.
Cancellation of Debt
This section explains the general rule for including canceled debt in income and the exceptions
to the general rule. For more information on
canceled debt, see Pub. 4681.
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General Rule
2. The cancellation takes place when you're
insolvent.
Generally, if your debt is canceled or forgiven,
other than as a gift or bequest to you, you must
include the canceled amount in gross income
for tax purposes. Report the canceled amount
on Schedule F if you incurred the debt in your
farming business. If the debt is a nonbusiness
debt, report the canceled amount as “Other income” on Schedule 1 (Form 1040), line 8.
3. The canceled debt is a qualified farm debt.
Special rules apply to C and S corporations
and partnerships. See section 108(i), Regulations sections 1.108(i)-0 and 1.108(i)-2, and
Pub. 4681 for details.
Form 1099-C. If a federal agency, financial institution, credit union, finance company, or
credit card company cancels or forgives your
debt of $600 or more, you may receive a Form
1099-C, Cancellation of Debt. The amount of
debt canceled is shown in box 2.
Exceptions
The following discussion covers some exceptions to the general rule for canceled debt.
These exceptions apply before the exclusions
discussed below.
Price reduced after purchase. If your purchase of property was financed by the seller
and the seller reduces the amount of the debt at
a time when you aren't insolvent and the reduction doesn't occur in a chapter 11 bankruptcy
case, the amount of the debt reduction will be
treated as a reduction in the purchase price of
the property. Reduce your basis in the property
by the amount of the reduction in the debt. The
rules that apply to bankruptcy and insolvency
are explained below under Exclusions.
Deductible debt. You don't realize income
from a canceled debt to the extent the payment
of the debt would have been a deductible expense. This exception applies before the price
reduction exception discussed above and the
bankruptcy and insolvency exclusions discussed next.
Example. You get accounting services for
your farm on credit. Later, you have trouble paying your farm debts, but you aren't bankrupt or
insolvent. Your accountant forgives part of the
amount you owe for the accounting services.
How you treat the canceled debt depends on
your method of accounting.
• Cash method—You don't include the canceled debt in income because payment of
the debt would have been deductible as a
business expense.
• Accrual method—You include the canceled
debt in income because the expense was
deductible when you incurred the debt.
Exclusions
Don't include canceled debt in income in the following situations.
1. The cancellation takes place in a bankruptcy case under title 11 of the U.S.
Code.
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4. The canceled debt is a qualified real property business debt (in the case of a taxpayer other than a C corporation). See
chapter 5 of Pub. 334.
5. The canceled debt is qualified principal
residence indebtedness which is:
a. Discharged before 2024, or
b. Subject to an arrangement that is entered into and evidenced in writing before January 1, 2026.
The exclusions don't apply in the following
situations.
• If a canceled debt is excluded from income
because it takes place in a bankruptcy
case, the exclusions in situations (2), (3),
(4), and (5) don't apply.
• If a canceled debt is excluded from income
because it takes place when you're insolvent, the exclusions in situations (3) and
(4) don't apply to the extent you're insolvent.
• If a canceled debt is excluded from income
because it’s qualified principal residence
indebtedness, the exclusion in situation (2)
doesn't apply unless you elect to apply situation (2) instead of the exclusion for qualified principal residence indebtedness.
See Form 982, later, for information on how
to claim an exclusion for a canceled debt.
Debt. For this discussion, debt includes any
debt for which you're liable or that attaches to
property you hold.
Bankruptcy and Insolvency
You can exclude a canceled debt from income if
you're bankrupt or to the extent you're insolvent.
Bankruptcy. A bankruptcy case is a case under title 11 of the U.S. Code if you're under the
jurisdiction of the court and the cancellation of
the debt is granted by the court or is the result
of a plan approved by the court.
Don't include debt canceled in a bankruptcy
case in your income in the year it's canceled. Instead, you must use the amount canceled to reduce your tax attributes, explained below under
Reduction of tax attributes.
Insolvency. You're insolvent to the extent your
liabilities are more than the fair market value of
your assets immediately before the cancellation
of debt.
You can exclude canceled debt from gross
income up to the amount by which you're insolvent. If the canceled debt is more than this
amount and the debt qualifies, you can apply
the rules for qualified farm debt or qualified real
property business debt to the difference. Otherwise, you include the difference in gross income. Use the amount excluded because of insolvency to reduce any tax attributes, as
explained below under Reduction of tax attributes. You must reduce the tax attributes under
the insolvency rules before applying the rules
Chapter 3
Farm Income
for qualified farm debt or for qualified real property business debt.
Example. You had a $15,000 debt that
wasn't qualified principal residence debt canceled outside of bankruptcy. Immediately before
the cancellation, your liabilities totaled $80,000
and your assets totaled $75,000. Since your liabilities were more than your assets, you were insolvent to the extent of $5,000 ($80,000 −
$75,000). You can exclude this amount from income. The remaining canceled debt ($10,000)
may be subject to the qualified farm debt or
qualified real property business debt rules. If
not, you must include it in income.
Reduction of tax attributes. If you exclude
canceled debt from income in a bankruptcy
case or during insolvency, you must use the excluded debt to reduce certain tax attributes.
Order of reduction. You must use the excluded canceled debt to reduce the following
tax attributes in the order listed unless you elect
to reduce the basis of depreciable property first,
as explained later.
1. Net operating loss (NOL). Reduce any
NOL for the tax year of the debt cancellation, and then any NOL carryover to that
year. Reduce the NOL or NOL carryover 1
dollar for each dollar of excluded canceled
debt.
2. General business credit carryover. Reduce the credit carryover to or from the tax
year of the debt cancellation. Reduce the
carryover 331/3 cents for each dollar of excluded canceled debt.
3. Minimum tax credit. Reduce the minimum tax credit available at the beginning
of the tax year following the tax year of the
debt cancellation. Reduce the credit 331/3
cents for each dollar of excluded canceled
debt.
4. Capital loss. Reduce any net capital loss
for the tax year of the debt cancellation,
and then any capital loss carryover to that
year. Reduce the capital loss or loss carryover 1 dollar for each dollar of excluded
canceled debt.
5. Basis. Reduce the basis of the property
you hold at the beginning of the tax year
following the tax year of the debt cancellation in the following order.
a. Real property (except inventory) used
in your trade or business or held for investment that secured the canceled
debt.
b. Personal property (except inventory
and accounts and notes receivable)
used in your trade or business or held
for investment that secured the canceled debt.
c. Other property (except inventory and
accounts and notes receivable) used
in your trade or business or held for investment.
d. Inventory and accounts and notes receivable.
e. Other property.
Publication 225 (2024)
Reduce the basis 1 dollar for each dollar of excluded canceled debt. However,
the reduction can't be more than the total
basis of property and the amount of
money you hold immediately after the debt
cancellation minus your total liabilities immediately after the cancellation.
For allocation rules that apply to basis
reductions for multiple canceled debts,
see Regulations section 1.1017-1(b)(2).
Also see Electing to reduce the basis of
depreciable property first, later.
6. Passive activity loss and credit carryovers. Reduce the passive activity loss
and credit carryovers from the tax year of
the debt cancellation. Reduce the loss
carryover 1 dollar for each dollar of excluded canceled debt. Reduce the credit carryover 331/3 cents for each dollar of excluded canceled debt.
7. Foreign tax credit. Reduce the credit carryover to or from the tax year of the debt
cancellation. Reduce the carryover 331/3
cents for each dollar of excluded canceled
debt.
How to make tax attribute reductions.
Always make the required reductions in tax attributes after figuring your tax for the year of the
debt cancellation. In making the reductions in
(1) and (4) earlier, first reduce the loss for the
tax year of the debt cancellation. Then reduce
any loss carryovers to that year in the order of
the tax years from which the carryovers arose,
starting with the earliest year. In making the reductions in (2) and (7) earlier, reduce the credit
carryovers to the tax year of the debt cancellation in the order in which they are taken into account for that year.
Electing to reduce the basis of depreciable
property first. You can elect to apply any portion of the excluded canceled debt first to reduce the basis of depreciable property you hold
at the beginning of the tax year following the tax
year of the debt cancellation in the following order.
1. Depreciable real property used in your
trade or business or held for investment
that secured the canceled debt.
2. Depreciable personal property used in
your trade or business or held for investment that secured the canceled debt.
3. Other depreciable property used in your
trade or business or held for investment.
4. Real property held as inventory if you elect
to treat it as depreciable property on Form
982.
The amount you apply can't be more than
the total adjusted basis of all the depreciable
properties. Depreciable property for this purpose means any property subject to depreciation, but only if a reduction of basis will reduce
the depreciation or amortization otherwise allowable for the period immediately following the
basis reduction.
You make this reduction before reducing the
other tax attributes listed earlier. If the excluded
canceled debt is more than the depreciable basis you elect to reduce first, use the difference
to reduce the other tax attributes. In figuring the
Publication 225 (2024)
limit on the basis reduction in (5) under Order of
reduction, earlier, use the remaining adjusted
basis of your properties after making this election.
See Form 982, later, for information on how
to make this election. If you make this election,
you can revoke it only with the consent of the
IRS.
Recapture of basis reductions. If you reduce
the basis of property under these provisions (either the election to reduce basis first or the basis reduction without that election) and later sell
or otherwise dispose of the property at a gain,
the part of the gain due to this basis reduction is
taxable as ordinary income under the depreciation recapture provisions. Treat any property
that isn't section 1245 or section 1250 property
as section 1245 property. For section 1250
property, determine the straight-line depreciation adjustments as though there were no basis
reduction for debt cancellation. Sections 1245
and 1250 property and the recapture of gain as
ordinary income are explained in chapter 9.
More information. For more information on
debt cancellation in bankruptcy proceedings or
during insolvency, see Pub. 908.
Qualified Farm Debt
You can exclude from income a canceled debt
that's qualified farm debt owed to a qualified
person. This exclusion applies only if you were
solvent when the debt was canceled or, if you
were insolvent, only to the extent the canceled
debt is more than the amount by which you
were insolvent. This exclusion doesn't apply to
a canceled debt excluded from income because
it relates to your principal residence or it takes
place in a bankruptcy case.
Your debt is qualified farm debt if both the
following requirements are met.
• You incurred it directly in operating a farming business.
• At least 50% of your total gross receipts for
the 3 tax years preceding the year of debt
cancellation were from your farming business.
For more information, see Pub. 4681.
Qualified person. This is a person who is actively and regularly engaged in the business of
lending money. A qualified person includes any
federal, state, or local government, or any of
their agencies or subdivisions. The USDA is a
qualified person. A qualified person doesn't include any of the following.
• A person related to you.
• A person from whom you acquired the
property (or a person related to this person).
• A person who receives a fee from your investment in the property (or a person related to this person).
your adjusted tax attributes and the total adjusted basis of the qualified property you hold at
the beginning of the tax year following the tax
year of the debt cancellation. Figure this limit after taking into account any reduction of tax attributes because of the exclusion of canceled
debt from gross income during insolvency.
If the canceled debt is more than this limit,
you must include the difference in gross income.
Adjusted tax attributes. Adjusted tax attributes means the sum of the following items.
1. Any NOL for the tax year of the debt cancellation and any NOL carryover to that
year.
2. Any general business credit carryover to or
from the year of the debt cancellation, multiplied by 3.
3. Any minimum tax credit available at the
beginning of the tax year following the tax
year of the debt cancellation, multiplied by
3.
4. Any net capital loss for the tax year of the
debt cancellation and any capital loss carryover to that year.
5. Any passive activity loss and credit carryovers from the tax year of the debt cancellation. Any credit carryover is multiplied by
3.
6. Any foreign tax credit carryovers to or from
the tax year of the debt cancellation, multiplied by 3.
Qualified property. This is any property
you use or hold for use in your trade or business
or for the production of income.
Reduction of tax attributes. If you exclude
canceled debt from income under the qualified
farm debt rules, you must use the excluded debt
to reduce tax attributes. (If you also excluded
canceled debt under the insolvency rules, you
reduce the amount of the tax attributes remaining after reduction for the exclusion allowed under the insolvency rules.) You must generally
follow the reduction rules previously explained
under Bankruptcy and Insolvency. However,
don't follow the rules in (5) under Order of reduction, earlier. Instead, follow the special rules
explained next.
Special rules for reducing the basis of
property. You must use special rules to reduce
the basis of property for excluded canceled
qualified farm debt. Under these special rules,
you only reduce the basis of qualified property
(defined earlier). Reduce it in the following order.
1. Depreciable qualified property. You may
elect on Form 982 to treat real property
held as inventory as depreciable property.
2. Land that's qualified property and is used
or held for use in your farming business.
3. Other qualified property.
For the definition of a related person, see
Related persons under At-Risk Amounts in Pub.
925.
Form 982
Exclusion limit. The amount of canceled
qualified farm debt you can exclude from income is limited. It can't be more than the sum of
Use Form 982 to show the amounts of canceled
debt excluded from income and the reduction of
tax attributes in the order listed on the form.
Chapter 3
Farm Income
17
Also use it if you're electing to apply the excluded canceled debt to reduce the basis of depreciable property before reducing tax attributes.
You make this election by showing the amount
you elect to apply on line 5 of the form.
When to file. You must file Form 982 with your
timely filed income tax return (including extensions) for the tax year in which the cancellation
of debt occurred. If you timely filed your return
for the year without electing to apply the excluded canceled debt to reduce the basis of depreciable property first, you can still make the election by filing an amended return within 6 months
of the due date of the return (excluding extensions). For more information, see When To File
in the Form 982 instructions.
Income From Other
Sources
This section discusses other types of income
you may receive.
Tax for Certain Children Who Have Unearned Income. If your child was under age 19
(24 if a full-time student) at the end of the tax
year and had unearned income of more than
$1,250 but less than $12,500, this income will
be taxed at the parent’s tax rate if the parent’s
tax rate is higher than the child’s rate. For more
information, see the Instructions for Form 8615.
Barter income. If you're paid for your work in
farm products, other property, or services, you
must report as income the fair market value of
what you receive. The same rule applies if you
trade farm products for other farm products,
property, or someone else's labor. This is called
barter income. For example, if you help a neighbor build a barn and receive a cow for your
work, you must report the fair market value of
the cow as ordinary income. Your basis for
property you receive in a barter transaction is
usually the fair market value that you include in
income. If you pay someone with property, see
Property for services under Labor Hired in
chapter 4.
Below-market loans. A below-market loan is a
loan on which either no interest is charged or interest is charged at a rate below the applicable
federal rate. If you make a below-market loan,
you may have to report income from the loan in
addition to any stated interest you receive from
the borrower. See chapter 1 of Pub. 550 for
more information on below-market loans.
Commodity futures and options. See Hedging in chapter 8 for information on gains and
losses from commodity futures and options
transactions.
Custom hire (machine work). Pay you receive for contract work or custom work that you
or your hired help perform off your farm for others, or for the use of your property or machines,
is income to you whether or not income tax was
withheld. This rule applies whether you receive
the pay in cash, services, or merchandise. Report this income on Schedule F. If you perform
custom work activities that are more than inci18
dental to your farming business, include the income and expenses from the custom work on
Schedule C.
Easements and rights-of-way. Income you
receive for granting easements or rights-of-way
on your farm or ranch for flooding land, laying
pipelines, constructing electric or telephone
lines, etc., may result in income, a reduction in
the basis of all or part of your farmland, or both.
Income you received for granting a temporary construction easement is rental income.
Report the income as rent on Part I of Schedule E (Form 1040).
Example. You granted a permanent
right-of-way for a gas pipeline through your
property for $10,000. Only a specific part of
your farmland was affected. You reserved the
right to continue farming the surface land after
the pipe was laid. Treat the payment for the
right-of-way in one of the following ways.
1. If the payment is less than the basis properly allocated to the part of your land affected by the right-of-way, reduce the basis by
$10,000.
2. If the payment is equal to or more than the
basis of the affected part of your land, reduce the basis to zero and the rest, if any,
is gain from a sale. The gain is reported on
Form 4797 and is treated as section 1231
gain if you held the land for more than 1
year. See chapter 9.
The contract also contained a provision for a
temporary workspace (temporary easement) to
allow for the collection of topsoil and for equipment movement. This temporary easement is
only for the construction period (usually a period of months). The gain is reported on Schedule E and does not affect the basis of the land.
Easement contracts usually describe
TIP the affected land using square feet.
Your basis may be figured per acre.
One acre equals 43,560 square feet.
If construction of the pipeline damaged
growing crops and you later receive a settlement of $250 for this damage, the $250 is income and is included on Schedule F. It doesn't
affect the basis of your land.
Fuel tax credit and refund. Include any credit
or refund of federal excise taxes on fuels in your
gross income if you deducted the cost of the
fuel (including excise tax) as an expense that
reduced your income tax. See chapter 14 for
more information about fuel tax credits and refunds.
Illegal federal irrigation subsidy. The federal
government, operating through the Bureau of
Reclamation, has made irrigation water from
certain reclamation and irrigation projects available for agricultural purposes. The excess of the
amount required to be paid for water from these
projects over the amount you actually paid is an
illegal subsidy.
For example, if the amount required to be
paid is full cost and you paid less than full cost,
the difference is an illegal subsidy and you must
include it in income. Report this on Schedule F,
Chapter 3
Farm Income
line 8. You can't take a deduction for the amount
you must include in income.
For more information on reclamation and irrigation projects, contact your local Bureau of
Reclamation.
Prizes. Report prizes you win on farm livestock
or products at contests, exhibitions, fairs, etc.,
on Schedule F, line 8. If you receive a prize in
cash, include the full amount in income. If you
receive a prize in produce or other property, include the fair market value of the property. For
prizes of $600 or more, you should receive a
Form 1099-MISC.
See chapter 12 for information about prizes
related to 4-H Club or FFA projects. See Pub.
525 for information about other prizes.
Property sold, destroyed, stolen, or condemned. You may have an ordinary or capital
gain if property you own is sold or exchanged;
stolen; destroyed by fire, flood, or other casualty; or condemned by a public authority. In
some situations, you can postpone the tax on
the gain to a later year. See chapters 8 through
11.
Recapture of section 179 expense deduction. If you took a section 179 expense deduction for property used in your farming business
and at any time during the property's recovery
period you don't use it more than 50% in your
business, you must include part of the deduction in income. See chapter 7 for information on
the section 179 expense deduction and when to
recapture that deduction.
In addition, if the percentage of business
use of listed property (see chapter 7) falls to
50% or less in any tax year during the recovery
period, you must include in income any excess
section 179 expense deduction you took on the
property.
Both of these amounts are farm income. Use
Form 4797, Part IV, to figure how much to include in income.
Refund or reimbursement. You must generally include in income a reimbursement, refund,
or recovery of an item for which you took a deduction in an earlier year. Include it for the tax
year you receive it. However, if any part of the
earlier deduction didn't decrease your income
tax, you don't have to include that part of the reimbursement, refund, or recovery.
Example. A tenant farmer purchased fertilizer for $1,000 in April 2023. He deducted
$1,000 on his 2023 Schedule F and the entire
deduction reduced his tax. The landowner reimbursed him $500 of the cost of the fertilizer in
February 2024. The tenant farmer must include
$500 in income on his 2024 tax return because
the entire deduction decreased his 2023 tax.
Sale of soil and other natural deposits. If
you remove and sell topsoil, loam, fill dirt, sand,
gravel, or other natural deposits from your property, the proceeds are ordinary income. A reasonable allowance for depletion of the natural
deposit sold may be claimed as a deduction.
See Depletion in chapter 7.
Sod. Report proceeds from the sale of sod
on Schedule F. A deduction for cost depletion is
Publication 225 (2024)
allowed, but only for the topsoil removed with
the sod.
Granting the right to remove deposits. If
you enter into a legal relationship granting
someone else the right to excavate and remove
natural deposits from your property, you must
determine whether the transaction is a sale or
another type of transaction (for example, a
lease).
If you receive a specified sum or an amount
fixed without regard to the quantity produced
and sold from the deposit and you retain no
economic interest in the deposit, your transaction is a sale. You're considered to retain an
economic interest if, under the terms of the legal
relationship, you depend on the income derived
from extraction of the deposit for a return of your
capital investment in the deposit.
Your income from the deposit is capital gain
if the transaction is a sale. Otherwise, it's ordinary income subject to an allowance for depletion. See chapter 7 for information on depletion
and chapter 8 for the tax treatment of capital
gains.
Timber sales. Timber sales, including sales of
logs, firewood, and pulpwood, are discussed in
chapter 8.
Tree farmers, in the business of tree
TIP farming, may use section 631(a) to
capture favorable income tax treatment
of timber sales and then report the actual cash
sale of timber on Schedule F. Section 2032A
defines sale of trees as farm income (under the
special use valuation for estate tax purposes).
However, land owners who make frequent sales
(for example, two to three within 5 years, per
case law) may use Schedule F to report this
business income.
Income Averaging for
Farmers
If you're engaged in a farming business, you
may be able to average all or some of your farm
income by using income tax rates from the 3
prior years (base years) to calculate the tax on
that income. Income averaging may lower your
income tax liability in a year when farm income
and taxable income are higher compared to 1 or
more of the 3 prior years. See the Instructions
for Schedule J (Form 1040) for the definition of
the term “farming business.”
Farmers electing farm income averag-
TIP ing may want to include taxable income
from the fair market value (trade value)
of traded farm assets as electable farm income.
Under the Tax Cuts and Jobs Act, personal
property, such as tractors and equipment, no
longer qualifies for a like-kind exchange and is
now subject to depreciation recapture on the
fair market value of the trade as if cash was exchanged.
Who can use income averaging? You can
use income averaging to figure your tax for any
year in which you were engaged in a farming
business as an individual, a partner in a partnership, or a shareholder in an S corporation.
Services performed as an employee are disrePublication 225 (2024)
garded in determining whether an individual is
engaged in a farming business. However, if
you're a shareholder of an S corporation engaged in a farming business, you may treat
compensation received from the corporation
that's attributable to the farming business as
farm income. You don't need to have been engaged in a farming business in any base year.
Corporations, partnerships, S corporations,
estates, and trusts can't use income averaging.
Elected Farm Income (EFI)
EFI is the amount of income from your farming
business that you elect to have taxed at base
year rates. You can designate as EFI any type of
income attributable to your farming business.
However, your EFI can't be more than your taxable income, and any EFI from a net capital gain
attributable to your farming business can't be
more than your total net capital gain.
Income from your farming business is the
sum of any farm income or gain minus any farm
expenses or losses allowed as deductions in
figuring your taxable income. However, it
doesn't include gain or loss from the sale or
other disposition of land, or from the sale of development rights, grazing rights, and other similar rights.
Gains or losses from the sale or other disposition of farm property. Gains or losses
from the sale or other disposition of farm property other than land can be designated as EFI if
you (or your partnership or S corporation) used
the property regularly for a substantial period in
a farming business. Whether the property has
been regularly used for a substantial period depends on all the facts and circumstances.
Liquidation of a farming business. If you
(or your partnership or S corporation) liquidate
your farming business, gains or losses on property sold within a reasonable time after operations stop can be designated as EFI. A period of
1 year after stopping operations is a reasonable
time. After that, what is a reasonable time depends on the facts and circumstances.
EFI and base year rates. If your EFI includes
both ordinary income and capital gains, you
must use tax rates from each base year to compute tax on an equal portion of each type of income. For example, you can't tax all of the capital gains at the rate for capital gains from a
single base year.
file jointly, but filed as single in all of the base
years, you may still average farm income.
Effect on Other Tax
Determinations
You subtract your EFI from your taxable income
and add one-third of it to the taxable income of
each of the base years to determine the tax rate
to use for income averaging. The allocation of
your EFI to the base years doesn't affect other
tax determinations. For example, you make the
following determinations before subtracting your
EFI (or adding it to income in the base years).
• The amount of your self-employment tax.
• Whether, in the aggregate, sales and other
dispositions of business property (section
1231 transactions) produce long-term capital gain or ordinary loss.
• The amount of any NOL carryover or net
capital loss carryover applied and the
amount of any carryover to another year.
• The limit on itemized deductions based on
your adjusted gross income.
• The amount of any net capital loss or NOL
in a base year.
Alternative Minimum Tax
(AMT)
You can elect to use income averaging to compute your regular tax liability. However, income
averaging isn't used to determine your regular
tax or tentative minimum tax when figuring your
AMT. Using income averaging may reduce your
total tax even if you owe AMT.
Credit for prior year minimum tax. You may
be able to claim a nonrefundable tax credit if
you owed AMT in a prior year. See the Instructions for Form 8801.
Schedule J
You can use income averaging by filing Schedule J (Form 1040) with your timely filed (including extensions) return for the year. You can also
use income averaging on a late return, or use,
change, or cancel it on an amended return if the
time for filing a claim for refund hasn't expired
for that election year. You must generally file the
claim for refund within 3 years from the date you
filed your original return or 2 years from the date
you paid the tax, whichever is later.
How To Figure the Tax
If you average your farm income, you will figure
your tax on Schedule J (Form 1040).
Negative taxable income for base year. If
your taxable income for any base year was zero
because your deductions were more than your
income, you may have negative taxable income
for that year to combine with your EFI on
Schedule J.
Filing status. You aren't prohibited from using
income averaging solely because your filing status isn't the same as your filing status in the
base years. For example, if you're married and
Chapter 3
Farm Income
19
4.
Farm Business
Expenses
What's New
Standard mileage rate. The standard mileage
rate for the cost of operating your car, van,
pickup, or panel truck for each mile of business
use is 67 cents per mile. See Truck and Car Expenses, later.
Business meals deduction. The temporary
100% deduction for food or beverages provided
by a restaurant has expired. The business meal
deduction reverts back to the previous 50% allowable deduction beginning January 1, 2023.
Topics
This chapter discusses:
•
•
•
•
•
Deductible expenses
Capital expenses
Nondeductible expenses
Losses from operating a farm
Not-for-profit farming
Useful Items
You may want to see:
Publication
463 Travel, Gift, and Car Expenses
463
334 Tax Guide for Small Business
334
587 Business Use of Your Home
587
925 Passive Activity and At-Risk Rules
925
936 Home Mortgage Interest Deduction
936
Form (and Instructions)
Sch A (Form 1040) Itemized
Deductions
Sch A (Form 1040)
Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)
461 Limitation on Business Losses
461
1045 Application for Tentative Refund
1045
5213 Election To Postpone
Determination as To Whether the
Presumption Applies That an
Activity Is Engaged in for Profit
5213
8990 Limitation on Business Interest
Expense IRC 163(j)
expenses. “Ordinary” means what most farmers
do, and “necessary” means what is useful and
helpful in farming. Schedule F, Part II, lists some
common farm expenses that are typically deductible. This chapter discusses many of these
expenses, as well as others not listed on
Schedule F.
Reimbursed expenses. If the reimbursement
is received in the same year that the expense is
claimed, reduce the expense by the amount of
the reimbursement. If the reimbursement is received in a year after the expense is claimed, include the reimbursement amount in income.
See Refund or reimbursement under Income
From Other Sources in chapter 3.
Personal and business expenses. Some expenses you pay during the tax year may be part
personal and part business. These may include
expenses for gasoline, oil, fuel, water, rent,
electricity, telephone, automobile upkeep, repairs, insurance, interest, and taxes.
You must allocate these mixed expenses between their business and personal parts. Generally, the personal part of these expenses isn't
deductible. The business portion of the expenses is deductible on Schedule F.
Example. You paid $3,600 for electricity
during the tax year. You used 1/3 of the electricity for personal purposes and 2/3 for farming.
Under these circumstances, you can deduct
$2,400 (2/3 of $3,600) of your electricity expense as a farm business expense.
Reasonable allocation. It isn't always easy
to determine the business and nonbusiness
parts of an expense. There is no method of allocation that applies to all mixed expenses. Any
reasonable allocation is acceptable. What is
reasonable depends on the circumstances in
each case.
Prepaid Farm Supplies
Prepaid farm supplies include the following
items if paid for during the year.
• Feed, seed, fertilizer, and similar farm supplies not used or consumed during the
year, but not including farm supplies that
you would have consumed during the year
if not for a fire, storm, flood, other casualty,
disease, or drought.
• Poultry (including egg-laying hens and
baby chicks) bought for use (or for both
use and resale) in your farm business.
However, include only the amount that
would be deductible in the following year if
you had capitalized the cost and deducted
it ratably over the lesser of 12 months or
the useful life of the poultry.
• Poultry bought for resale and not resold
during the year.
8990
See How To Get Tax Help for information about
getting publications and forms.
Deductible Expenses
The ordinary and necessary costs of operating
a farm for profit are deductible business
20
Deduction limit. If you use the cash method of
accounting to report your income and expenses, your deduction for prepaid farm supplies in
the year you pay for them may be limited to 50%
of your other deductible farm expenses for the
year (all Schedule F deductions except prepaid
farm supplies). This limit doesn't apply if you
meet one of the exceptions described later. See
Chapter 4
Farm Business Expenses
chapter 2 for a discussion of the Cash Method
of accounting.
If the limit applies, you can deduct the excess cost of farm supplies other than poultry in
the year you use or consume the supplies. The
excess cost of poultry bought for use (or for
both use and resale) in your farm business is
deductible in the year following the year you pay
for it. The excess cost of poultry bought for resale is deductible in the year you sell or otherwise dispose of that poultry.
Example. During 2024, you bought fertilizer
($40,000), feed ($10,000), and seed ($5,000)
for use on your farm in the following year. Your
total prepaid farm supplies expense for 2024 is
$55,000. Your other deductible farm expenses
totaled $100,000 for 2024. Therefore, your deduction for prepaid farm supplies can't be more
than $50,000 (50% of $100,000) for 2024. The
excess prepaid farm supplies expense of
$5,000 ($55,000 − $50,000) is deductible in a
later tax year when you use or consume the
supplies. However, the deduction limit doesn't
apply if you qualify for the exceptions listed
next.
Exceptions. This limit on the deduction for
prepaid farm supplies expense doesn't apply if
you are a farm-related taxpayer and either of the
following apply.
1. Your prepaid farm supplies expense is
more than 50% of your other deductible
farm expenses because of a change in
business operations caused by unusual
circumstances.
2. Your total prepaid farm supplies expense
for the preceding 3 tax years is less than
50% of your total other deductible farm expenses for those 3 tax years.
If one of the exceptions is applicable, then
the 50% limit on the deduction doesn't apply.
Therefore, you can deduct more than 50% of
prepaid farm supplies.
You are a farm-related taxpayer if any of the
following tests apply.
1. Your main home is on a farm.
2. Your principal business is farming.
3. A member of your family meets (1) or (2).
For this purpose, your family includes your
brothers and sisters, half brothers and half sisters, spouse, parents, grandparents, children,
and grandchildren.
Prepaid Livestock Feed
Whether or not the deduction limit for
prepaid farm supplies applies, your exCAUTION penses for prepaid livestock feed may
be subject to the rules for advance payment of
livestock feed, discussed next. Although written
for livestock feed, these rules may apply to any
prepaid farm supplies.
!
If you report your income and expenses under the cash method of accounting, you can't
deduct in the year paid the cost of feed your
livestock will consume in a later year unless you
meet all the following tests.
Publication 225 (2024)
1. The payment is for the purchase of feed
rather than a deposit.
Labor Hired
Nondeductible Pay
2. The prepayment has a business purpose
and isn't merely for tax avoidance.
You can deduct reasonable wages paid for regular farm labor, piecework, contract labor, and
other forms of labor hired to perform your farming operations. You can pay wages in cash or in
noncash items such as inventory, capital assets, or assets used in your business. The cost
of boarding farm labor is a deductible labor
cost. Other deductible costs you incur for farm
labor include health insurance, workers' compensation insurance, and other benefits.
You can't deduct wages paid for certain household work, construction work, and maintenance
of your home. However, those wages may be
subject to the employment taxes discussed in
chapter 13.
If you must withhold social security, Medicare, and income taxes from your employees'
cash wages, you can still deduct the full amount
of wages before withholding. See chapter 13 for
more information on Employment Taxes. Also,
deduct the employer's share of the social security and Medicare taxes you must pay on your
employees' wages as a farm business expense
on Schedule F, line 29. See Taxes, later.
Construction labor. Do not deduct wages
paid to hired help for the construction of new
buildings or other improvements. These wages
are part of the cost of the building or other improvement. You must capitalize them.
3. Deducting the prepayment doesn't result
in a material distortion of your income.
If you meet all three tests, you can deduct
the prepaid feed, subject to the limit on prepaid
farm supplies discussed earlier.
If you fail any of these tests, you can deduct
the prepaid feed only in the year it is consumed.
!
This rule doesn't apply to the purchase
of commodity futures contracts.
CAUTION
Payment for the purchase of feed. Whether
a payment is for the purchase of feed or a deposit depends on the facts and circumstances
in each case. It is for the purchase of feed if you
can show you made it under a binding commitment to accept delivery of a specific quantity of
feed at a fixed price and you aren't entitled, by
contract or business custom, to a refund or repurchase.
The following are some factors that show a
payment is a deposit rather than for the purchase of feed.
• The absence of specific quantity terms.
• The right to a refund of any unapplied payment credit at the end of the contract.
• The seller's treatment of the payment as a
deposit.
• The right to substitute other goods or products for those specified in the contract.
A provision permitting substitution of ingredients to vary the particular feed mix to meet your
livestock's current diet requirements won't suggest a deposit. Further, a price adjustment to reflect market value at the date of delivery isn't, by
itself, proof of a deposit.
Business purpose. The prepayment has a
business purpose only if you have a reasonable
expectation of receiving some business benefit
from prepaying the cost of livestock feed. The
following are some examples of business benefits.
• Fixing maximum prices and securing an
assured feed supply.
• Securing preferential treatment in anticipation of a feed shortage.
Other factors considered in determining the
existence of a business purpose are whether
the prepayment was a condition imposed by the
seller and whether that condition was meaningful.
No material distortion of income. The following are some factors considered in determining whether deducting prepaid livestock
feed materially distorts income.
• Your customary business practice in conducting your livestock operations.
• The expense in relation to past purchases.
• The time of year you made the purchase.
• The expense in relation to your income for
the year.
Publication 225 (2024)
Property for services. If you transfer property
to an employee in payment for services, you
can deduct as wages paid the fair market value
of the property on the date of transfer. If the employee pays you anything for the property, deduct as wages the fair market value of the property minus the payment by the employee for the
property.
Treat the wages deducted as an amount received for the property. You may have a gain or
loss to report if the property's adjusted basis on
the date of transfer is different from its fair market value. Any gain or loss has the same character the exchanged property had in your
hands. For more information, see chapter 8.
Child as an employee. You can deduct reasonable wages or other compensation you pay
to your child for doing farmwork if a true employer-employee relationship exists between
you and your child. Include these wages in the
child's income. The child may have to file an income tax return. These wages may also be subject to social security and Medicare taxes if your
child is age 18 or older. Wages paid to minor
children become subject to social security and
Medicare taxes in the month the dependent
child turns 18 years of age. For more information, see Family Employees in chapter 13.
A Form W-2 should be issued to the
TIP child employee.
The fact that your child spends the wages to
buy clothes or other necessities you normally
furnish doesn't prevent you from deducting your
child's wages as a farm expense.
The amount of wages paid to the child
could cause a loss of the dependency
CAUTION exemption depending on how the child
uses the money.
!
Spouse as an employee. You can deduct reasonable wages or other compensation you pay
to your spouse if a true employer-employee relationship exists between you and your spouse.
Wages you pay to your spouse are subject to
social security and Medicare taxes. For more information, see Family Employees in chapter 13.
Chapter 4
Farm Business Expenses
Household workers. Do not deduct amounts
paid to persons engaged in household work,
except to the extent their services are used in
boarding or otherwise caring for farm laborers.
Maintaining your home. If your farm employee spends time maintaining or repairing
your home, the wages and employment taxes
you pay for that work are nondeductible personal expenses. For example, assume you have
a farm employee for the entire tax year and the
employee spends 5% of the time maintaining
your home. The employee devotes the remaining time to work on your farm. You can't deduct
5% of the wages and employment taxes you
pay for that employee.
Employment Credits
Reduce your deduction for wages by the
amount of any employment credits you claim
such as the work opportunity credit (Form
5884).
Repairs and Maintenance
You can deduct most expenses for the repair
and maintenance of your farm property. Common items of repair and maintenance are repainting, sealing cracks or replacing broken
windows on a farm building, and routine maintenance of trucks, tractors, and other farm machinery. However, expenses for improvements to
depreciable property are generally capital expenditures. Amounts are paid for improvements
if they are for the betterment of your property,
are for a restoration of your property, such as
the replacement of major components and substantial structural parts, or if your expenditures
adapt your property to a new or different use.
For example, if you replace a few shingles on
the barn roof, these expenses are generally deductible as repairs and maintenance. If you replace (not repair) the entire barn roof with a new
roof, then this expense is generally a capital expenditure. For more information, see Capital Expenses, later.
Under certain conditions, you can elect to
capitalize amounts paid for repair and maintenance. See Regulations section 1.263(a)-3(n)
for more information.
Interest
There may be a limit on the amount you can deduct as farming business interest paid or accrued during the tax year related to your farming
business, such as for farm mortgages and other
21
farm obligations. However, a small business
taxpayer is not subject to the business interest
expense limitation and is not required to file
Form 8990. A small business taxpayer is a taxpayer that is not a tax shelter (as defined in section 448(d)(3)) and has average annual gross
receipts of $30 million or less for the 3 prior tax
years under the gross receipts test of section
448(c). Gross receipts include the aggregate
gross receipts from all persons treated as a single employer, such as a controlled group of corporations, commonly controlled partnerships or
proprietorships, and affiliated service groups.
The gross receipts test of section 448(c) applies only to corporations and partnerships, but
for purposes of the business interest limitation
the gross receipts test applies to individuals as
if they were corporations or partnerships. Thus,
any individual with a farming trade or business
operating as a sole proprietorship is subject to
the gross receipts test.
Certain businesses subject to the business
interest expense limitation may elect out of the
limitation. Certain farming businesses and
specified agricultural or horticultural cooperatives (as defined in section 199A(g)(4)) qualify
to make an election not to limit business interest
expenses. This is an irrevocable election. If you
make this election, you are required to use the
alternative depreciation system (ADS), discussed later in chapter 7, to depreciate any
farming property with a recovery period of 10
years or more. Also, you are not entitled to the
special depreciation allowance for that property.
For an individual with more than one qualifying
business, the election is made with respect to
each business. If you are required to limit your
business interest expense, the amount you cannot deduct for the tax year is generally carried
forward to the next tax year. However, there are
special rules for partnership treatment of disallowed business interest. See the Instructions for
Form 8990 for more information.
Subject to the preceding rules, and assuming other limitations do not apply, you can deduct as a farm business expense interest paid
or accrued during the tax year related to your
farming business, such as for farm mortgages
and other farm obligations.
Cash method. If you use the cash method of
accounting, you can generally deduct interest
paid during the tax year. You can't deduct interest paid with funds received from the original
lender through another loan, advance, or other
arrangement similar to a loan. You can, however, deduct the interest when you start making
payments on the new loan. For more information, see Cash Method in chapter 2.
Prepaid interest. Under the cash method,
you generally can't deduct any interest paid before the year it is due. Interest paid in advance
may be deducted only in the tax year in which it
is due.
Accrual method. If you use an accrual method
of accounting, you can deduct only interest that
has accrued during the tax year. However, you
can't deduct interest owed to a related person
who uses the cash method until payment is
made and the interest is includible in the gross
22
income of that person. For more information,
see Accrual Method in chapter 2.
Allocation of interest. If you use the proceeds
of a loan for more than one purpose, you must
allocate the interest on that loan to each use.
Allocate the interest to the following categories.
• Trade or business interest.
• Passive activity interest.
• Investment interest.
• Portfolio interest.
• Personal interest.
You generally allocate interest on a loan the
same way you allocate the loan proceeds. You
allocate loan proceeds by tracing disbursements to specific uses.
The easiest way to trace disburse-
TIP ments to specific uses is to keep the
proceeds of a particular loan separate
from any other funds.
Secured loan. The allocation of loan proceeds and the related interest is generally not
affected by the use of property that secures the
loan.
Example. You secure a loan with property
used in your farming business. You use the loan
proceeds to buy a car for personal use. You
must allocate interest expense on the loan to
personal use (purchase of the car) even though
the loan is secured by farm business property.
Allocation period. The period for which a
loan is allocated to a particular use begins on
the date the proceeds are used and ends on the
earlier of the following dates.
• The date the loan is repaid.
• The date the loan is reallocated to another
use.
More information. For more information on interest, see chapter 8 of Pub. 334.
Breeding Fees
You can generally deduct breeding fees as a
farm business expense. However, if the breeder
guarantees live offspring as a result of the
breeding or other veterinary procedure, you
must capitalize these costs as the cost basis of
the offspring. Also, if you use an accrual method
of accounting, you must capitalize breeding
fees and allocate them to the cost basis of the
calf, foal, etc. For more information on who must
use an accrual method of accounting, see Accrual Method Required under Accounting Methods in chapter 2.
Fertilizer and Lime
You can deduct in the year paid or incurred the
cost of fertilizer, lime, and other materials applied to farmland to enrich, neutralize, or condition it if the benefits last a year or less. You can
also deduct the cost of applying these materials
in the year you pay or incur it. However, see
Prepaid Farm Supplies, earlier, for a rule that
may limit your deduction for these materials.
If the benefits of the fertilizer, lime, or other
materials last substantially more than 1 year,
you generally capitalize their cost and deduct a
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Farm Business Expenses
part each year the benefits last. However, you
can choose to deduct these expenses in the
year paid or incurred. If you make this choice,
you will need IRS approval if you later decide to
capitalize the cost of previously deducted items.
If you sell farmland on which fertilizer or lime
has been applied and if the selling price of the
land includes part or all of the cost of the fertilizer or lime, you report the sale amount attributable to the fertilizer or lime as ordinary income.
See section 180 for more information.
Farmland, for these purposes, is land used
for producing crops, fruits, or other agricultural
products or for sustaining livestock. It doesn't include land you have never used previously for
producing crops or sustaining livestock. You
can't deduct initial land preparation costs. (See
Capital Expenses, later.)
Include government payments you receive
for lime or fertilizer in income. See Fertilizer and
Lime under Agricultural Program Payments in
chapter 3.
Taxes
You can deduct as a farm business expense the
real estate and personal property taxes on farm
business assets, such as farm equipment, animals, farmland, and farm buildings. You can
also deduct the social security and Medicare
taxes you pay to match the amount withheld
from the wages of farm employees and any federal unemployment tax you pay. For information
on employment taxes, see chapter 13.
Allocation of taxes. The taxes on the part of
your farm you use as your home (including the
furnishings and surrounding land not used for
farming) are nonbusiness taxes. You may be
able to deduct these nonbusiness taxes as
itemized deductions on Schedule A (Form
1040). To determine the nonbusiness part, allocate the taxes between the farm assets and
nonbusiness assets. The allocation can be
done from the assessed valuations. If your tax
statement doesn't show the assessed valuations, you can usually get them from the tax assessor.
State and local general sales taxes. State
and local general sales taxes on nondepreciable farm business expense items are deductible
as part of the cost of those items. Include state
and local general sales taxes imposed on the
purchase of assets for use in your farm business as part of the cost you depreciate. Also
treat the taxes as part of your cost if they are imposed on the seller and passed on to you.
State and federal income taxes. Individuals
can't deduct state and federal income taxes as
farm business expenses. Individuals can deduct
state and local income taxes only as an itemized deduction on Schedule A (Form 1040). For
tax years after 2017 and before 2026, the
Schedule A (Form 1040) deduction for combined state and local income and property taxes
is limited to $10,000 ($5,000 if married filing
separately). However, you can't deduct federal
income tax.
Highway use tax. You can deduct the federal
use tax on highway motor vehicles paid on a
Publication 225 (2024)
truck or truck tractor used in your farm business.
For information on the tax itself, including information on vehicles subject to the tax, see the
Instructions for Form 2290.
Self-employment tax. You cannot deduct the
self-employment tax you pay as a farm business expense. However, you can deduct as an
adjustment to income on Schedule 1 (Form
1040), line 15, one-half of your self-employment
tax in figuring your adjusted gross income. For
more information, see chapter 12.
Insurance
You can generally deduct the ordinary and necessary cost of insurance for your farm business
as a business expense. This includes premiums
you pay for the following types of insurance.
• Fire, storm, crop, theft, liability, and other
insurance on farm business assets.
• Health and accident insurance on your
farm employees.
• Workers' compensation insurance set by
state law that covers any claims for job-related bodily injuries or diseases suffered by
employees on your farm, regardless of
fault.
• Business interruption insurance.
• State unemployment insurance on your
farm employees (deductible as taxes if
they are considered taxes under state law).
Insurance to secure a loan. If you take out a
policy on your life or on the life of another person with a financial interest in your farm business to get or protect a business loan, you can't
deduct the premiums as a business expense. In
the event of death, the proceeds of the policy
aren't taxed as income even if they are used to
liquidate the debt.
Advance premiums. Deduct advance payments of insurance premiums only in the year to
which they apply, regardless of your accounting
method.
Example. On June 29, 2024, you paid a
premium of $3,000 for fire insurance on your
barn. The policy will cover a period of 3 years
beginning on July 1, 2024. Only the cost for the
6 months in 2024 is deductible as an insurance
expense on your 2024 calendar year tax return.
Deduct $500, which is the premium for 6
months of the 36-month premium period, or 6/36
of $3,000. In both 2025 and 2026, deduct
$1,000 (12/36 of $3,000). Deduct the remaining
$500 in 2027. Had the policy been effective on
January 1, 2024, the deductible expense would
have been $1,000 for each of the years 2024,
2025, and 2026, based on one-third of the premium used each year.
If you are a cash basis taxpayer, the
TIP 12-month rule may allow you to deduct
the cost of an insurance premium in
year one, even though you receive a portion of
the benefit from that premium in the following
year. See Chapter 2, Expenses under the Cash
Method, and/or Publication 538 for more information on the 12-month rule.
Business interruption insurance. Use and
occupancy and business interruption insurance
Publication 225 (2024)
premiums are deductible as a business expense. This insurance pays for lost profits if
your business is shut down due to a fire or other
cause. Report any proceeds in full on Schedule F, Part I.
Self-employed health insurance deduction.
If you are self-employed, you can deduct as an
adjustment to income on Schedule 1 (Form
1040) your payments for medical, dental, and
qualified long-term care insurance coverage for
yourself (including Medicare premiums), your
spouse, and your dependents when figuring
your adjusted gross income on your Schedule 1
(Form 1040). The insurance can also cover any
child of yours under age 27 at the end of 2024,
even if the child was not your dependent. Generally, this deduction can't be more than the net
profit from the business under which the plan
was established.
If you or your spouse is also an employee of
another person, you can't take the deduction for
any month in which you are eligible to participate in a subsidized health plan maintained by
your employer or your spouse's employer.
Generally, use the Self-Employed Health Insurance Deduction Worksheet in the Instructions for Schedule 1 (Form 1040) to figure your
deduction. Include the remaining part of the insurance payment in your medical expenses on
Schedule A (Form 1040) if you itemize your deductions.
For more information, see Deductible Premiums in chapter 8 of Pub. 334.
Rent and Leasing
If you lease property for use in your farm business, you can generally deduct the rent you pay
on Schedule F. However, you can't deduct rent
you pay in crop shares if you deduct the cost of
raising the crops as farm expenses.
Advance payments. Deduct advance payments of rent only in the year to which they apply, regardless of your accounting method.
If you are a cash basis taxpayer, the
TIP 12-month rule may allow you to deduct
the cost of advance rental or leasing
payments in year one, even though you receive
a portion of the benefit from that payment in the
following year. See Chapter 2, Expenses under
the Cash Method, and/or Publication 538 for
more information on the 12-month rule.
Farm home. If you rent a farm, don't deduct
the part of the rental expense that represents
the fair rental value of the farm home in which
you live.
Lease or Purchase
If you lease a farm building or equipment, you
must determine whether or not the agreement
must be treated as a conditional sales contract
rather than a lease. If the agreement is treated
as a conditional sales contract, the payments
under the agreement (so far as they don't represent interest or other charges) are payments for
the purchase of the property. Do not deduct
these payments as rent, but capitalize the cost
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Farm Business Expenses
of the property and recover this cost through
depreciation.
Conditional sales contract. Whether an
agreement is a conditional sales contract depends on the intent of the parties. Determine
intent based on the provisions of the agreement
and the facts and circumstances that exist when
you make the agreement. No single test, or special combination of tests, always applies. However, in general, an agreement may be considered a conditional sales contract rather than a
lease if any of the following is true.
• The agreement applies part of each payment toward an equity interest you will receive.
• You get title to the property after you make
a stated amount of required payments.
• The amount you must pay to use the property for a short time is a large part of the
amount you would pay to get title to the
property.
• You pay much more than the current fair
rental value of the property.
• You have an option to buy the property at a
nominal price compared to the value of the
property when you may exercise the option. Determine this value when you make
the agreement.
• You have an option to buy the property at a
nominal price compared to the total
amount you have to pay under the agreement.
• The agreement designates part of the payments as interest, or part of the payments
can be easily recognized as interest.
Example. You lease new farm equipment
from a dealer who both sells and leases. The
agreement includes an option to purchase the
equipment for a specified price. The lease payments and the specified option price equal the
sales price of the equipment plus interest. Under the agreement, you are responsible for
maintenance, repairs, and the risk of loss. For
federal income tax purposes, the agreement is
a conditional sales contract. You can't deduct
any of the lease payments as rent. You can deduct interest, repairs, insurance, depreciation,
and other expenses related to the equipment.
Motor vehicle leases. Special rules apply to
lease agreements that have a terminal rental
adjustment clause. In general, this is a clause
that provides for a rental price adjustment
based on the amount the lessor is able to sell
the vehicle for at the end of the lease. If your
rental agreement contains a terminal rental adjustment clause, treat the agreement as a lease
if the agreement otherwise qualifies as a lease.
For more information, see section 7701(h).
Leveraged leases. Special rules apply to
leveraged leases of equipment (arrangements
in which the equipment is financed by a nonrecourse loan from a third party). For more information, see Revenue Procedure 2001-28,
which begins on page 1156 of Internal Revenue
Bulletin 2001-19 at IRS.gov/pub/irs-irbs/
irb01-19.pdf.
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Depreciation
If property you acquire to use in your farm business is expected to last more than 1 year, you
generally can't deduct the entire cost in the year
you acquire it. You must recover the cost over
more than 1 year and deduct part of it each year
on Schedule F as depreciation or amortization.
However, you can choose to deduct part or all
of the cost of certain qualifying property, up to a
limit, as a section 179 deduction or special depreciation in the year you place it in service.
Depreciation, amortization, and the section
179 deduction are discussed in chapter 7.
Business Use of Your Home
You can deduct expenses for the business use
of your home if you use part of your home exclusively and regularly:
• As the principal place of business for any
trade or business in which you engage;
• As a place to meet or deal with patients,
clients, or customers in the normal course
of your trade or business; or
• In connection with your trade or business,
if you are using a separate structure that
isn't attached to your home.
Your home office will qualify as your principal place of business for deducting expenses
for its use if you meet both of the following requirements.
• You use it exclusively and regularly for the
administrative or management activities of
your trade or business.
• You have no other fixed location where you
conduct substantial administrative or management activities of your trade or business.
If you use part of your home for business,
you must divide the expenses of operating your
home between personal and business use.
The IRS provides a simplified method to determine your expenses for business use of your
home. For more information, see Pub. 587.
Deduction limit. If your gross income from
farming equals or exceeds your total farm expenses (including expenses for the business
use of your home), you can deduct all your farm
expenses. But if your gross income from farming is less than your total farm expenses, your
deduction for certain expenses for the use of
your home in your farming business is limited.
Your deduction for otherwise nondeductible
expenses, such as utilities, insurance, and depreciation (with depreciation taken last), can't
be more than the gross income from farming minus the following expenses.
• The business part of expenses you could
deduct even if you didn't use your home for
business (such as deductible mortgage interest, real estate taxes, and casualty and
theft losses).
• Farm expenses other than expenses that
relate to the use of your home. If you are
self-employed, don't include your deduction for half of your self-employment tax.
Deductions over the current year's limit can
be carried over to your next tax year. They are
24
subject to the deduction limit for the next tax
year.
able to claim more. See Recordkeeping requirements under Travel Expenses, later.
More information. See Pub. 587 for more information on deducting expenses for the business use of your home.
More information. For more information on
deductible truck and car expenses and the disposition of a truck or car, see chapter 4 of Pub.
463. If you pay your employees for the use of
their truck or car in your farm business, see Reimbursements to employees under Travel Expenses next.
Telephone expense. You can't deduct the cost
of basic local telephone service (including any
taxes) for the first telephone line you have in
your home, even if you have an office in your
home. However, charges for business long-distance phone calls on that line, as well as the
cost of a second line into your home used exclusively for your farm business, are deductible
business expenses. Cell phone charges for
calls relating to your farm business are deductible. If the cell phone you use for your farm business is part of a family cell phone plan, you
must allocate and deduct only the portion of the
charges attributable to farm business calls.
Truck and Car Expenses
You can deduct the actual cost of operating a
truck or car in your farm business. Only expenses for business use are deductible. These include such items as gasoline, oil, repairs, license tags, insurance, and depreciation
(subject to certain limits).
Standard mileage rate. Instead of using actual costs, under certain conditions you can use
the standard mileage rate. The standard mileage rate for 2024 is 67 cents per mile. You can
use the standard mileage rate for a car or a light
truck, such as a van, pickup, or SUV, you own or
lease.
You can't use the standard mileage rate if
you operate five or more cars or light trucks at
the same time. You aren't using five or more vehicles at the same time if you alternate using the
vehicles (you use them at different times) for
business.
Example. You own a car and four pickup
trucks that are used in your farm business. Your
farm employees use the trucks and you use the
car for business. You can't use the standard
mileage rate for the car or the trucks. This is because all five vehicles are used in your farm
business at the same time. You must use actual
expenses for all vehicles.
Business use percentage. You can claim
75% of the use of a car or light truck as business use without any allocation records if you
used the vehicle during most of the normal business day directly in connection with the business of farming. You choose this method of
substantiating business use the first year the
vehicle is placed in service. Once you make this
choice, you may not change to another method
later. The following are uses directly connected
with the business of farming.
• Cultivating land.
• Raising or harvesting any agricultural or
horticultural commodity.
• Raising, shearing, feeding, caring for, training, and managing animals.
• Driving to the feed or supply store.
If you keep records and they show that your
business use was more than 75%, you may be
Chapter 4
Farm Business Expenses
Travel Expenses
You can deduct ordinary and necessary expenses you incur while traveling away from home
for your farm business. You can't deduct lavish
or extravagant expenses. Usually, the location
of your farm business is considered your home
for tax purposes. You are traveling away from
home if:
• Your duties require you to be absent from
your farm substantially longer than an ordinary workday, and
• You need to get sleep or rest to meet the
demands of your work while away from
home.
If you meet these requirements and can
prove the time, place, and business purpose of
your travel, you can deduct your ordinary and
necessary travel expenses.
The following are some types of deductible
travel expenses.
• Air, rail, bus, and car transportation.
• Meals and lodging.
• Dry cleaning and laundry.
• Telephone and fax.
• Transportation between your hotel and
your temporary work or business meeting
location.
• Tips for any of the above expenses.
Meals. You can deduct only 50% of your nonentertainment business-related meal expenses.
You can deduct the cost of your meals while
traveling on business only if your business trip is
overnight or long enough to require you to stop
for sleep or rest to properly perform your duties.
You can't deduct any of the cost of meals if it
isn't necessary for you to rest. For information
on entertainment expenses, see chapter 2 of
Pub. 463.
The expense of a meal includes amounts
you spend for your food, beverages, taxes, and
tips relating to the meal. You can deduct either
50% of the actual cost or 50% of a standard
meal allowance that covers your daily meal and
incidental expenses.
Note. No deduction is allowed for certain
entertainment expenses, membership dues,
and facilities used in connection with these activities for amounts paid or incurred after December 31, 2017. See section 274, as amended by the Tax Cuts and Jobs Act, section
13304.
Recordkeeping requirements. You
must be able to prove your deductions
RECORDS for travel by adequate records or other
evidence that will support your own statement.
Estimates or approximations don't qualify as
proof of an expense.
Publication 225 (2024)
You should keep an account book or similar
record, supported by adequate documentary
evidence, such as receipts, that together support each element of an expense. Generally, it is
best to record the expense and get documentation of it at the time you pay it.
If you choose to deduct a standard meal allowance rather than the actual expense, you
don't have to keep records to prove amounts
spent for meals and incidental items. However,
you must still keep records to prove the actual
amount of other travel expenses, and the time,
place, and business purpose of your travel.
More information. For detailed information on
travel, recordkeeping, and the standard meal allowance, see Pub. 463.
Reimbursements to employees. You can
generally deduct reimbursements you pay to
your employees for travel and transportation expenses they incur in the conduct of your business. Employees may be reimbursed under an
accountable or nonaccountable plan. Under an
accountable plan, the employee must provide
evidence of expenses. Under a nonaccountable
plan, no evidence of expenses is required. If
you reimburse expenses under an accountable
plan, deduct them as travel and transportation
expenses. If you reimburse expenses under a
nonaccountable plan, you must report the reimbursements as wages on Form W-2 and deduct
them as wages. For more information, see
chapter 8 of Pub. 334.
Marketing Quota Penalties
You can deduct as Other expenses on Schedule F penalties you pay for marketing crops in
excess of farm marketing quotas. However, if
you don't pay the penalty, but instead the purchaser of your crop deducts it from the payment
to you, include in gross income only the amount
you received. Do not take a separate deduction
for the penalty.
Tenant House Expenses
You can deduct the costs of maintaining houses
and their furnishings for tenants or hired help as
farm business expenses. These costs include
repairs, utilities, insurance, and depreciation.
The value of a dwelling you furnish to a tenant under the usual tenant-farmer arrangement
isn't taxable income to the tenant.
Items Purchased for Resale
If you use the cash method of accounting, you
ordinarily deduct the cost of livestock and other
items purchased for resale only in the year of
sale. You deduct this cost, including freight
charges for transporting the livestock to the
farm, on Schedule F, Part I. However, see
Chickens, seeds, and young plants below.
Example. You use the cash method of accounting. In 2024, you buy 50 steers you will
sell in 2025. You can't deduct the cost of the
steers on your 2024 tax return. You deduct their
cost on your 2025 Schedule F, Part I.
Publication 225 (2024)
Chickens, seeds, and young plants. If you
are a cash method farmer, you can deduct the
cost of hens and baby chicks bought for commercial egg production, or for raising and resale, as an expense on Schedule F, Part I, in the
year paid if you do it consistently and it doesn't
distort income. You can also deduct the cost of
seeds and young plants bought for further development and cultivation before sale as an expense on Schedule F, Part I, when paid if you do
this consistently and you don't figure your income on the crop method. However, see Prepaid Farm Supplies, earlier, for a rule that may
limit your deduction for these items.
If you deduct the cost of chickens, seeds,
and young plants as an expense, report their
entire selling price as income. You also can't deduct the cost from the selling price.
You can't deduct the cost of seeds and
young plants for Christmas trees and timber as
an expense. Capitalize the cost of these seeds
and plants, and later deduct, through depletion.
For more information, see Depletion in chapter 7.
The cost of chickens and plants used as
food for your family is never deductible.
Capitalize the cost of plants with a preproductive period of more than 2 years, unless you
can elect out of the uniform capitalization rules.
These rules are discussed in chapter 6.
Example. You use the cash method of accounting. In 2024, you buy 500 baby chicks to
raise for resale in 2025. You also buy 50 bushels of winter wheat seed in 2024 that you sow in
the fall. Unless you previously adopted the
method of deducting these costs in the year you
sell the chickens or the harvested crops, you
can deduct the cost of both the baby chicks and
the seed wheat in 2024.
Election to use crop method. If you use
the crop method, you can delay deducting the
cost of seeds and young plants until you sell
them. You must get IRS approval to use the
crop method. If you follow this method, deduct
the cost from the selling price to determine your
profit on Schedule F, Part I. For more information, see Crop method under Special Methods
of Accounting in chapter 2.
Choosing a method. You can adopt either
the crop method or the cash method for deducting the cost in the first year you buy egg-laying
hens, pullets, chicks, or seeds and young
plants.
Although you must use the same method for
egg-laying hens, pullets, and chicks, you can
use a different method for seeds and young
plants. Once you use a particular method for
any of these items, use it for those items until
you get IRS approval to change your method.
For more information, see Change in Accounting Method in chapter 2.
Other Expenses
The following list, while not all-inclusive, shows
some expenses you can deduct as other farm
expenses on Schedule F, Part II. These expenses must be for business purposes and
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Farm Business Expenses
(1) paid, if you use the cash method of accounting; or (2) incurred, if you use an accrual
method of accounting.
• Accounting fees.
• Advertising.
• Business travel and meals.
• Commissions.
• Consultant fees.
• Crop scouting expenses.
• Dues to cooperatives.
• Educational expenses (to maintain and improve farming skills).
• Farm-related attorney fees.
• Farm magazines.
• Ginning.
• Insect sprays and dusts.
• Litter and bedding.
• Livestock fees.
• Marketing fees.
• Milk assessment.
• Recordkeeping expenses.
• Service charges.
• Small tools expected to last 1 year or less.
• Stamps and stationery.
• Subscriptions to professional, technical,
and trade journals that deal with farming.
• Tying material and containers.
• Utilities and Internet.
De minimis safe harbor for tangible property. If you elected to use the de minimis safe
harbor for tangible property for the tax year, you
can deduct as a farm business expense on
Schedule F amounts paid for tangible property
qualifying under the de minimis safe harbor. For
more information, see Capital Expenses, later.
Loan expenses. You prorate and deduct loan
expenses, such as legal fees and commissions,
you pay to get a farm loan over the term of the
loan.
Tax preparation fees. You can deduct as a
farm business expense on Schedule F the cost
of preparing that part of your tax return relating
to your farm business.
You can also deduct on Schedule F the
amount you pay or incur in resolving tax issues
relating to your farm business.
Capital Expenses
A capital expense is payment, or debt incurred,
for the acquisition, production, or improvement
of a unit of property. You include the expense in
the basis of the asset. Uniform capitalization
rules also require you to capitalize or include in
inventory certain other expenses. See chapters
2 and 6 for more information.
Capital expenses are generally not deductible, but they may be depreciable. However, you
can elect to deduct certain capital expenses,
such as the following.
• The cost of fertilizer, lime, etc. (See Fertilizer and Lime under Deductible Expenses,
earlier.)
• Soil and water conservation expenses.
(See chapter 5.)
• The cost of property that qualifies for a deduction under section 179. (See chapter 7.)
25
• Business start-up costs. (See Business
start-up and organizational costs, later.)
• Forestation and reforestation costs. (See
Forestation and reforestation costs, later.)
Generally, the costs of the following items,
including the costs of material, hired labor, and
installation, are capital expenses.
1. Land and buildings.
2. Additions, alterations, and improvements
to buildings, etc.
3. Cars and trucks.
4. Equipment and machinery.
5. Fences.
6. Draft, breeding, sport, and dairy livestock.
7. Repairs to machinery, equipment, trucks,
and cars that prolong their useful life, increase their value, or adapt them to different use.
8. Water wells, including drilling and equipping costs.
9. Land preparation costs, such as:
a. Clearing land for farming;
b. Leveling and conditioning land;
c. Purchasing and planting trees;
Crop production expenses. The uniform capitalization rules generally require you to capitalize expenses incurred in producing plants. However, except for certain taxpayers required to
use an accrual method of accounting, the capitalization rules don't apply to plants with a preproductive period of 2 years or less. For more
information, see Uniform Capitalization Rules in
chapter 6.
Timber. Capitalize the cost of acquiring timber.
Do not include the cost of land in the cost of the
timber. You must generally capitalize direct
costs incurred in reforestation. However, you
can elect to deduct some forestation and reforestation costs. See Forestation and reforestation costs next. Reforestation costs include the
following.
1. Site preparation costs, such as:
d. Building irrigation canals and ditches;
a. Girdling,
e. Laying irrigation pipes;
b. Applying herbicide,
f. Installing drain tile;
c. Baiting rodents, and
g. Modifying channels or streams;
h. Constructing earthen, masonry, or
concrete tanks, reservoirs, or dams;
and
i. Building roads.
Business start-up and organizational costs.
You can elect to deduct up to $5,000 of business start-up costs and $5,000 of organizational costs paid or incurred after October 22,
2004. The $5,000 deduction is reduced by the
amount your total start-up or organizational
costs exceed $50,000. Any remaining costs
must be amortized. See chapter 7 for more information.
You elect to deduct start-up or organizational costs by claiming the deduction on the income tax return filed by the due date (including
extensions) for the tax year in which the active
trade or business begins. However, if you timely
filed your return for the year without making the
election, you can still make the election by filing
an amended return within 6 months of the due
date of the return (excluding extensions).
Clearly indicate the election on your amended
return and write “Filed pursuant to section
301.9100-2” at the top of the amended return.
File the amended return at the same address
you filed the original return. The election applies
when figuring taxable income for the current tax
year and all subsequent years.
You can choose to forgo the election by
clearly electing to capitalize your start-up or organizational costs on an income tax return filed
by the due date (including extensions) for the
tax year in which the active trade or business
begins. For more information about start-up and
organizational costs, see chapter 7.
26
Exception for tangible real and personal
property under the de minimis safe harbor.
If you elect the de minimis safe harbor for your
farming business for the tax year, you’re not required to capitalize the de minimis costs of acquiring or producing certain real and tangible
personal property and may deduct these
amounts as farm expenses on Schedule F. For
more information on electing and using the de
minimis safe harbor, see chapter 8 of Pub. 334.
d. Clearing and controlling brush.
2. The cost of seed or seedlings.
3. Labor and tool expenses.
4. Depreciation on equipment used in planting or seeding.
5. Costs incurred in replanting to replace lost
seedlings.
You can choose to capitalize certain indirect reforestation costs.
These capitalized amounts are your basis
for the timber. Recover your basis when you sell
the timber or take depletion allowances when
you cut the timber. See Depletion in chapter 7.
Forestation and reforestation costs. You
can elect to deduct up to $10,000 ($5,000 if
married filing separately; $0 for a trust) of qualifying reforestation costs paid or incurred after
October 22, 2004, for each qualified timber
property. Any remaining costs can be amortized
over an 84-month period. See chapter 7. If you
make an election to deduct or amortize qualifying reforestation costs, you should create and
maintain separate timber accounts for each
qualified timber property. The accounts should
include all reforestation treatments and the
dates they were applied. Any qualified timber
property that is subject to the deduction or amortization election can't be included in any other
timber account for which depletion is allowed.
The timber account should be maintained until
the timber is disposed of. For more information,
see Notice 2006-47, 2006-20 I.R.B. 892, available at IRS.gov/irb/2006-20_IRB/ar11.html.
You elect to deduct forestation and reforestation costs by claiming the deduction on the
Chapter 4
Farm Business Expenses
income tax return filed by the due date (including extensions) for the tax year in which the expenses were paid or incurred. If you are filing
Form T (Timber), Forest Activities Schedule,
also complete Form T (Timber), Part IV. If you
aren't filing Form T (Timber), attach a statement
to your return with the following information.
• The unique stand identification numbers.
• The total number of acres reforested during the tax year.
• The nature of the reforestation treatments.
• The total amounts of the qualified reforestation expenditures eligible to be amortized
or deducted.
However, if you timely filed your return for
the year without making the election, you can
still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). Clearly indicate the
election on your amended return and write
“Filed pursuant to section 301.9100-2” at the
top of the amended return. File the amended return at the same address you filed the original
return.
For more information about forestation and
reforestation costs, see chapter 7.
For more information about timber, see
the Agriculture Handbook Number 731,
Form T (Timber), and the Hardwood
Industry Audit Technique Guide.
Christmas tree cultivation. If you are in the
business of planting and cultivating Christmas
trees to sell when they are more than 6 years
old, capitalize expenses incurred for planting
and stump culture and add them to the basis of
the standing trees. Recover these expenses as
part of your adjusted basis when you sell the
standing trees or as depletion allowances when
you cut the trees. For more information, see
Timber Depletion under Depletion in chapter 7.
You can deduct as business expenses the
costs incurred for shearing and basal pruning of
these trees. Expenses incurred for silviculture
practices, such as weeding or cleaning, and
noncommercial thinning are also deductible as
business expenses.
Capitalize the cost of land improvements,
such as road grading, ditching, and fire breaks,
that have a useful life beyond the tax year. If the
improvements don't have a determinable useful
life, add their cost to the basis of the land. The
cost is recovered when you sell or otherwise
dispose of it. If the improvements have a determinable useful life, recover their cost through
depreciation. Capitalize the cost of equipment
and other depreciable assets, such as culverts
and fences, to the extent you don't use them in
planting Christmas trees. Recover these costs
through depreciation.
Nondeductible
Expenses
You can't deduct personal expenses and certain
other items on your tax return even if they relate
to your farm.
Publication 225 (2024)
Personal, Living, and Family
Expenses
the cost of planting and raising unharvested
wheat on parcels of land given as a gift to your
children.
You can't deduct certain personal, living, and
family expenses as business expenses. These
include rent and insurance premiums paid on
property used as your home; life insurance premiums on yourself or your family; the cost of
maintaining cars, trucks, or horses for personal
use; allowances to minor children; attorneys'
fees and legal expenses incurred in personal
matters; and household expenses. Likewise,
the cost of purchasing or raising produce or
livestock consumed by you or your family isn't
deductible.
Club dues and membership fees. Generally,
you can't deduct amounts you pay or incur for
membership in any club organized for business,
pleasure, recreation, or any other social purpose. This includes country clubs, golf and athletic clubs, hotel clubs, sporting clubs, airline
clubs, and clubs operated to provide meals under circumstances generally considered to be
conducive to business discussions.
Other Nondeductible Items
You can't deduct the following items on your tax
return.
Loss of growing plants, produce, and
crops. Losses of plants, produce, and crops
raised for sale are generally not deductible.
However, you may have a deductible loss on
plants with a preproductive period of more than
2 years. See chapter 11 for more information.
Repayment of loans. You can't deduct the repayment of a loan. However, if you use the proceeds of a loan for farm business expenses,
you can deduct the interest on the loan. See Interest, earlier.
Estate, inheritance, legacy, succession, and
gift taxes. You can't deduct estate, inheritance,
legacy, succession, and gift taxes.
Loss of livestock. You can't deduct as a loss
the value of raised livestock that die if you deducted the cost of raising them as an expense.
Losses from sales or exchanges between
related persons. You can't deduct losses from
sales or exchanges of property between you
and certain related persons, including your
spouse, brother, sister, ancestor, or lineal descendant. For more information, see chapter 2
of Pub. 544.
Cost of raising unharvested crops. You
can't deduct the cost of raising unharvested
crops sold with land owned more than 1 year if
you sell both at the same time and to the same
person. Add these costs to the basis of the land
to determine the gain or loss on the sale. For
more information, see Section 1231 Gains and
Losses in chapter 9.
Cost of unharvested crops bought with
land. Capitalize the purchase price of land, including the cost allocable to unharvested crops.
You can't deduct the cost of the crops at the
time of purchase. However, you can deduct this
cost in figuring net profit or loss in the tax year
you sell the crops.
Cost related to gifts. You can't deduct costs
related to your gifts of agricultural products or
property held for sale in the ordinary course of
your business. The costs aren't deductible in
the year of the gift or any later year. For example, you can't deduct the cost of raising cattle or
Publication 225 (2024)
Exception. The following organizations
won't be treated as a club organized for business, pleasure, recreation, or other social purposes, unless one of its main purposes is to
conduct entertainment activities for members or
their guests or to provide members or their
guests with access to entertainment facilities.
• Boards of trade.
• Business leagues.
• Chambers of commerce.
• Civic or public service organizations.
• Professional associations.
• Trade associations.
• Real estate boards.
Fines and penalties. Generally, no deduction
is allowed for fines and penalties paid to a government or specified nongovernmental entity for
the violation of any law except:
• Amounts that constitute restitution,
• Amount paid to come into compliance with
the law,
• Amounts paid or incurred as the result of
certain court orders in which no government or specified non-governmental
agency is a party, and
• Amounts paid or incurred for taxes due.
On or after December 22, 2017, no deduction is allowed for the restitution amount or
amount paid to come into compliance with the
law unless the amounts are specifically identified in the settlement agreement or court order.
Also, any amount paid or incurred as reimbursement to the government for the costs of any investigation or litigation are not eligible for the
exceptions and are nondeductible.
See section 162(f), as amended by the Tax
Cuts and Jobs Act, section 13306.
For the deductibility of penalites for exceeding marketing quotas, see Marketing Quota
Penalties, discussed earlier.
Losses From Operating
a Farm
If your deductible farm expenses are more than
your farm income, you have a loss from the operation of your farm. The amount of the loss you
can deduct when figuring your taxable income
may be limited. To figure your deductible loss,
you must apply the following limits.
• The at-risk limits.
• The passive activity limits.
The following discussions explain these limits.
If your deductible loss after applying these
limits is more than your other income for the
Chapter 4
Farm Business Expenses
year, you may have a net operating loss. See
Pub. 536.
If you don't carry on your farming activity to make a profit, your loss deduction
CAUTION may be limited by the not-for-profit
rules. See Not-for-Profit Farming, later.
!
At-Risk Limits
The at-risk rules limit your deduction for losses
from most business or income-producing activities, including farming. These rules limit the losses you can deduct when figuring your taxable
income. The deductible loss from an activity is
limited to the amount you have at risk in the activity.
You are at risk in any activity for:
1. The money and adjusted basis of property
you contribute to the activity; and
2. Amounts you borrow for use in the activity
if:
a. You are personally liable for repayment, or
b. You pledge property (other than property used in the activity) as security for
the loan.
You aren't at risk, however, for amounts you
borrow for use in a farming activity from a person who has an interest in the activity (other
than as a creditor) or a person related to someone (other than you) having such an interest.
For more information, see Pub. 925.
Passive Activity Limits
A passive activity is generally any activity involving the conduct of any trade or business in
which you don't materially participate. Generally, a rental activity is a passive activity.
If you have a passive activity, special rules
limit the loss you can deduct in the tax year. You
can generally deduct losses from passive activities only up to income from passive activities.
Credits are similarly limited.
For more information, see Pub. 925.
Excess Business Loss
Limitation
Noncorporate taxpayers may be subject to excess business loss limitations. The at-risk limits
and the passive activity limits are applied before
calculating the amount of any excess business
loss. An excess business loss is the amount by
which the total deductions attributable to all of
your trades or businesses exceed your total
gross income and gains attributable to those
trades or businesses plus $305,000 (or
$610,000 in the case of a joint return). Business
gains and losses reported on Form 4797 and
Form 8949 are included in the excess business
loss calculation. This includes farming losses
from casualty losses or losses by reason of disease or drought. Excess business losses that
are disallowed are treated as a net operating
loss carryover to the following tax year. See
Form 461 and its instructions for details.
27
Taxpayers with losses from a farming business must apply the excess business loss limitation before carrying any net operating losses
back 2 years. See the Instructions for Form
1045, Application for Tentative Refund.
If you incur both farming and nonfarming
business losses that are more than the threshold amount, you must allocate the threshold
amount first to the farming losses to the extent
you have a net operating loss.
Excess farm losses that are disallowed can
be carried forward to the next tax year and treated as a net operating loss deduction from that
year.
Net Operating Loss
Limitation
If you have a 2024 net operating loss attributable to farming, you must carry it back two years,
unless you elect to forgo the carryback. Farming
businesses can elect to forgo the carryback and
carry forward the farm net operating loss to a
later year. See the Instructions for Form 1045 or
Form 1138 for more information.
Not-for-Profit Farming
If you operate a farm for profit, you can deduct
all the ordinary and necessary expenses of carrying on the business of farming on Schedule F.
However, if you don't carry on your farming activity, or other activity you engage or invest in, to
make a profit, you report the income from the
activity on Schedule 1 (Form 1040), line 8j. You
can no longer deduct expenses of carrying on
the activity, even if you itemize your deductions
on Schedule A (Form 1040).
Expenses for activities you do as a hobby, or
mainly for sport or recreation cannot be deducted. This also applies to an investment activity
intended only to produce tax losses for the investors.
The deductibility of not-for-profit losses applies to individuals, partnerships, estates, trusts,
and S corporations. It doesn't apply to corporations other than S corporations.
In determining whether you are carrying on
your farming activity for profit, all the facts are
taken into account. No one factor alone is decisive. Among the factors to consider are
whether:
• You operate your farm in a businesslike
manner;
• The time and effort you spend on farming
indicate you intend to make it profitable;
• You depend on income from farming for
your livelihood;
• Your losses are due to circumstances beyond your control or are normal in the
start-up phase of farming;
• You change your methods of operation in
an attempt to improve profitability;
• You, or your advisors, have the knowledge
needed to carry on the farming activity as a
successful business;
• You were successful in making a profit in
similar activities in the past;
28
• You make a profit from farming in some
years and the amount of profit you make;
and
• You can expect to make a future profit from
the appreciation of the assets used in the
farming activity.
Presumption of profit. Your farming or other
activity is presumed carried on for profit if it produced a profit in at least 3 of the last 5 tax
years, including the current year. Activities that
consist primarily of breeding, training, showing,
or racing horses are presumed carried on for
profit if they produced a profit in at least 2 of the
last 7 tax years, including the current year. The
activity must be substantially the same for each
year within this period. You have a profit when
the gross income from an activity is more than
the deductions for it.
If a taxpayer dies before the end of the
5-year (or 7-year) period, the period ends on
the date of the taxpayer's death.
If your business or investment activity
passes this 3- (or 2-) years-of-profit test, presume it is carried on for profit. This means the
limits discussed here don't apply. You can take
all your business deductions from the activity on
Schedule F, even for the years that you have a
loss. You can rely on this presumption in every
case, unless the IRS shows it isn't valid.
If you fail the 3- (or 2-) years-of-profit test,
you may still be considered to operate your farm
for profit by considering the factors listed earlier.
Using the presumption later. If you are
starting out in farming and don't have 3 (or 2)
years showing a profit, you may want to take advantage of this presumption later, after you have
had the 5 (or 7) years of experience allowed by
the test.
You can choose to do this by filing Form
5213. Filing this form postpones any determination that your farming activity isn't carried on for
profit until 5 (or 7) years have passed since you
first started farming. You must file Form 5213
within 3 years after the due date of your return
for the year in which you first carried on the activity, or, if earlier, within 60 days after receiving
a written notice from the IRS proposing to disallow deductions attributable to the activity.
The benefit gained by making this choice is
that the IRS won't immediately question
whether your farming activity is engaged in for
profit. Accordingly, it won't limit your deductions.
Rather, you will gain time to earn a profit in 3 (or
2) out of the first 5 (or 7) years you carry on the
farming activity. If you show 3 (or 2) years of
profit at the end of this period, your deductions
aren't limited under these rules. If you don't
have 3 (or 2) years of profit (and can't otherwise
show that you operated your farm for profit), the
limit applies retroactively to any year in the
5-year (or 7-year) period with a loss.
Filing Form 5213 automatically extends the
period of limitations on any year in the 5-year
(or 7-year) period to 2 years after the due date
of the return for the last year of the period. The
period is extended only for deductions of the
activity and any related deductions that might
be affected.
Limit on deductions and losses. If your activity isn't carried on for profit, take deductions
Chapter 5
Soil and Water Conservation Expenses
only in the following order, and only to the extent
stated in the three categories.
Category 1. Deductions you can take for
personal as well as for business activities are
allowed in full. For individuals, all nonbusiness
deductions, such as those for home mortgage
interest, taxes, and casualty losses (attributable
to a federally declared disaster), belong in this
category. See chapter 11 for more information.
For the limits that apply to mortgage interest,
see Pub. 936.
Category 2. Deductions that don't result in
an adjustment to the basis of property are allowed next, but only to the extent your gross income from the activity is more than the deductions you take (or could take) under the first
category. Most business deductions, such as
those for fertilizer, feed, insurance premiums,
utilities, wages, etc., belong in this category.
Category 3. Business deductions that decrease the basis of property are allowed last,
but only to the extent the gross income from the
activity is more than deductions you take (or
could take) under the first two categories. The
deductions for depreciation, amortization, and
the part of a casualty loss an individual could
not deduct in category 1 belong in this category.
Where more than one asset is involved, divide
depreciation and these other deductions proportionally among those assets.
The Tax Cuts and Jobs Acts (TCJA)
suspended miscellaneous itemized deCAUTION ductions, so these deductions are not
available for tax years beginning after December 31, 2017 and before January 1, 2026.
!
Partnerships and S corporations. If a partnership or S corporation carries on a
not-for-profit activity, these limits apply at the
partnership or S corporation level. They are reflected in the individual shareholder's or partner's distributive shares.
More information. For more information on
not-for-profit activities, see Not-for-Profit Activities in chapter 9 of Pub. 334.
5.
Soil and Water
Conservation
Expenses
Introduction
If you are in the business of farming, you can
choose to deduct certain expenses for:
• Soil or water conservation,
• Prevention of erosion of land used in farming, or
Publication 225 (2024)
• Endangered species recovery.
Otherwise, these are capital expenses that
must be added to the basis of the land. (See
chapter 6 for information on determining basis.)
Generally, once a farmer has adopted this
method of treating soil and water conservation
expenditures, the farmer must deduct all such
expenditures (up to the 25% limitation) for the
current and later tax years. See Change of
method, later.
The deduction for conservation expenses
cannot be more than 25% of your gross income
from farming. See 25% Limit on Deduction,
later.
!
CAUTION
Conservation expenses for land in a
foreign country do not qualify for this
special treatment.
Although some expenses are not deductible
as soil and water conservation expenses, they
may be deductible as ordinary and necessary
farm expenses. These include interest and
taxes, the cost of periodically clearing brush
from productive land, the regular removal of
sediment from a drainage ditch, and expenses
paid or incurred primarily to produce an agricultural crop that may also conserve soil.
You must include in income most government payments for approved conservation practices. However, you can exclude some payments you receive under certain cost-sharing
conservation programs. For more information,
see Agricultural Program Payments in chapter 3.
To get the full deduction to which you
TIP are entitled, you should maintain your
records to clearly distinguish between
your ordinary and necessary farm business expenses and your soil and water conservation
expenses.
Topics. This chapter discusses the following.
• Business of farming,
• Plan certification,
• Conservation expenses,
• Assessment by conservation district,
• 25% limit on deduction,
• When to deduct or capitalize, and
• Sale of a farm.
Business of Farming
For purposes of soil and water conservation expenses, you are in the business of farming if you
cultivate, operate, or manage a farm for profit,
either as an owner or a tenant. You are not in
the business of farming if you cultivate or operate a farm for recreation or pleasure, rather than
for profit. You are not farming if you are engaged
only in forestry or the growing of timber.
Farm defined. A farm includes livestock, dairy,
poultry, fish, fruit, and truck farms. It also includes plantations, ranches, ranges, and orchards. A fish farm is an area where fish and
other marine animals are grown or raised and
artificially fed, protected, etc. It doesn't include
an area where they are merely caught or harvested. A plant nursery is a farm for purposes of
deducting soil and water conservation expenses.
Publication 225 (2024)
Farm rental. If you own a farm and receive
farm rental payments based on farm production,
either in cash or crop shares, you are in the
business of farming.
If you receive a fixed rental payment that is
not based on farm production, you are in the
business of farming only if you materially participate in operating or managing the farm.
Example. You own a farm in Iowa. You rent
out the farm for $250 in cash per acre and don't
materially participate in producing or managing
production of the crops grown on the farm. You
can't deduct your soil conservation expenses
for this farm. You must capitalize the expenses
and add them to the basis of the land.
1. The treatment or movement of earth, such
as:
a. Leveling,
b. Conditioning,
c. Grading,
d. Terracing,
e. Contour furrowing, and
f. Restoration of soil fertility.
2. The construction, control, and protection
of:
a. Diversion channels;
b. Drainage ditches;
If you receive cash rent for a farm you
own that is not used in farm production,
CAUTION you can't deduct soil and water conservation expenses for that farm.
c. Irrigation ditches;
!
For more information, see Material participation for landlords under Landlord Participation in
Farming in chapter 12.
Plan Certification
You can deduct soil and water conservation expenses only if they are consistent with a plan
approved by the Natural Resources Conservation Service (NRCS) of the Department of Agriculture. If no such plan exists, the expenses
must be consistent with a soil conservation plan
of a comparable state agency. Keep a copy of
the plan with your books and records to support
your deductions.
Conservation plan. A conservation plan includes the farming conservation practices approved for the area where your farmland is located. There are three types of approved plans.
• NRCS individual site plans. These plans
are issued individually to farmers who request assistance from NRCS to develop a
conservation plan designed specifically for
their farmland.
• NRCS county plans. These plans include a
listing of farm conservation practices approved for the county where the farmland is
located. You can deduct expenses for conservation practices not included on the
NRCS county plans only if the practice is a
part of an individual site plan.
• Comparable state agency plans. These
plans are approved by state agencies and
can be approved individual site plans or
county plans.
A list of NRCS conservation programs is
available
at
NRCS.USDA.gov/programsinitiatives. Individual site plans can be obtained
from NRCS offices and the comparable state
agencies.
Conservation Expenses
You can deduct conservation expenses only for
land you or your tenant are using, or have used
in the past, for farming. These expenses include, but are not limited to, the following.
Chapter 5
Soil and Water Conservation Expenses
d. Earthen dams; and
e. Watercourses, outlets, and ponds.
3. The eradication of brush.
4. The planting of windbreaks.
You can't deduct expenses to drain or fill wetlands, or to prepare land for center pivot irrigation systems, as soil and water conservation expenses. These expenses are added to the
basis of the land.
If you choose to deduct soil and water
conservation expenses, you must inCAUTION clude as gross income any cost-sharing payments you receive for those expenses.
See chapter 3 for information about payments
eligible for the cost-sharing exclusion.
!
New farm or farmland. If you acquire a new
farm or new farmland from someone who was
using it in farming immediately before you acquired the land, soil and water conservation expenses you incur on it will be treated as made
on land used in farming at the time the expenses were paid or incurred. You can deduct soil
and water conservation expenses for this land if
your use of it is substantially a continuation of its
use in farming. The new farming activity doesn't
have to be the same as the old farming activity.
For example, if you buy land that was used for
grazing cattle and then prepare it for use as an
apple orchard, you can deduct your conservation expenses.
Land not used for farming. If your conservation expenses benefit both land that doesn’t
qualify as land used for farming and land that
does qualify, you must allocate the expenses
between the two types of land. Land that
doesn't qualify as land used for farming would
include uncultivated land, which would need to
be developed for farming. Because the land is
not used in farming during the time that developmental expenditures are made, no deduction
for soil and water conservation expenses is
available under section 175. For example, if the
expenses benefit 200 acres of your land, but
only 120 acres of this land are used for farming,
then you can deduct 60% (120 ÷ 200) of the expenses. You can use another method to allocate these expenses if you can clearly show
that your method is more reasonable.
29
Table 5-1. Limits on Deducting an Assessment by a Conservation
District for Depreciable Property
Total Limit on Deduction
for Assessment for
Depreciable Property
10% of:
Total assessment against all
members of the district for the
property.
• No one taxpayer can
deduct more than 10% of
the total assessment.
• Any amount over 10% is
a capital expense and is
added to the basis of
your land.
• If an assessment is paid
in installments, each
payment must be
prorated between the
conservation expense
and the capital expense.
Yearly Limit on Deduction
for Assessment for
Depreciable Property
$500 + 10% of:
25% of:
Your deductible share of the
cost to the district for the
property.
Your gross income from
farming.
• If the amount you pay or
incur for any year is
more than the limit, you
can deduct for that year
only 10% of your
deductible share of the
cost.
• You can deduct the
remainder in equal
amounts over the next 9
tax years.
Depreciable conservation assets. You generally can't deduct your expenses for depreciable conservation assets. However, you can deduct certain amounts you pay or incur for an
assessment for depreciable property that a soil
and water conservation or drainage district levies against your farm. See Assessment for Depreciable Property, later.
You must capitalize expenses to buy, build,
install, or improve depreciable structures or facilities. These expenses include those for materials, tile (including drainage tile), pipe, pumps
(and other equipment), supplies, wages, fuel,
hauling, and moving dirt when making or installing structures such as tanks, reservoirs, culverts, canals, dams, drainage systems, waste
management systems or wells composed of
masonry, concrete, tile (including drainage tile),
metal, or wood. You recover your capital investment through annual allowances for depreciation.
You can deduct soil and water conservation
expenses for nondepreciable earthen items.
Nondepreciable earthen items include certain
dams, ponds, and terraces described under
Property Having a Determinable Useful Life in
chapter 7.
Water well. You can't deduct the cost of
drilling a water well for irrigation and other agricultural purposes as a soil and water conservation expense. It is a capital expense. You recover your cost through depreciation. You must
also capitalize your cost for drilling a test hole. If
the test hole produces no water and you continue drilling, the cost of the test hole is added
to the cost of the producing well. You can recover the total cost through depreciation deductions.
If a test hole, dry hole, or dried-up well (resulting from prolonged lack of rain, for instance)
is abandoned, you can deduct your unrecovered cost in the year of abandonment. Abandonment means that all economic benefits from
the well are terminated. For example, filling or
sealing a well excavation or casing so that all
30
Yearly Limit for All
Conservation Expenses
• Limit for all conservation
expenses, including
assessments for
depreciable property.
• Amounts greater than
25% can be carried to the
following year and added
to that year's expenses.
The total is then subject
to the 25% of gross
income from farming limit
in that year.
economic benefits from the well are terminated
constitutes an abandonment.
Endangered species recovery expenses. If
you are in the business of farming and meet
other specific requirements, you can choose to
deduct the conservation expenses discussed
earlier as endangered species recovery expenses. Otherwise, these are capital expenses that
must be added to the basis of the land.
The expenses must be paid or incurred for
the purpose of achieving site-specific management actions recommended in a recovery plan
approved under section 4(f) of the Endangered
Species Act of 1973. See section 175 for more
information.
Assessment by
Conservation District
In some localities, a soil or water conservation
or drainage district incurs expenses for soil or
water conservation and levies an assessment
against the farmers who benefit from the expenses. You can deduct as a conservation expense
amounts you pay or incur for the part of an assessment that:
• Covers expenses you could deduct if you
had paid them directly, or
• Covers expenses for depreciable property
used in the district's business.
A water or drainage district assessment for
repairs or maintenance of district property or for
interest paid by the district for a loan to buy
property may qualify as a business deduction.
See Regulations section 1.164-4(b)(1).
Assessment for Depreciable
Property
You can generally deduct as a conservation expense amounts you pay or incur for the part of a
conservation or drainage district assessment
that covers expenses for depreciable property.
Chapter 5
Soil and Water Conservation Expenses
This includes items such as pumps, locks, concrete structures (including dams and weir
gates), draglines, and similar equipment. The
depreciable property must be used in the district's soil and water conservation activities.
However, the following limits apply to these assessments.
• The total assessment limit.
• The yearly assessment limit.
After you apply these limits, the amount you
can deduct is added to your other conservation
expenses for the year. The total for these expenses is then subject to the 25% of gross income from farming limit on the deduction, discussed later. See Table 5-1 for a brief summary
of these limits.
To ensure your deduction is within the
TIP deduction limits, keep records to show
the following.
• The total assessment against all members
of the district for the depreciable property.
• Your deductible share of the cost to the
district for the depreciable property.
• Your gross income from farming.
Total assessment limit. You can't deduct
more than 10% of the total amount assessed to
all members of the conservation or drainage
district for the depreciable property. This applies
whether you pay the assessment in one payment or in installments. If your assessment is
more than 10% of the total amount assessed,
both the following rules apply.
• The amount over 10% is a capital expense
and is added to the basis of your land.
• If the assessment is paid in installments,
each payment must be prorated between
the conservation expense and the capital
expense.
Yearly assessment limit. The maximum
amount you can deduct in any 1 year is the total
of 10% of your deductible share of the cost as
explained earlier, plus $500. If the amount you
pay or incur is equal to or less than the maximum amount, you can deduct it in the year it is
paid or incurred. If the amount you pay or incur
is more, you can deduct in that year only 10% of
your deductible share of the cost. You can deduct the remainder in equal amounts over the
next 9 tax years. Your total conservation expense deduction for each year is also subject to
the 25% of gross income from farming limit on
the deduction, discussed later.
Example 1. This year, the soil conservation
district levies, and you pay, an assessment of
$2,400 against your farm. Of the assessment,
$1,500 is for digging drainage ditches. You can
deduct this part as a soil or conservation expense as if you had paid it directly. The remaining $900 is for depreciable equipment to be
used in the district's irrigation activities. The total amount assessed by the district against all
its members for the depreciable equipment is
$7,000.
The total amount you can deduct for the depreciable equipment is limited to 10% of the total amount assessed by the district against all
its members for depreciable equipment, or
$700. The $200 excess ($900 − $700) is a capital expense you must add to the basis of your
farm.
Publication 225 (2024)
To figure the maximum amount you can deduct for the depreciable equipment this year,
multiply your deductible share of the total assessment ($700) by 10% (0.10). Add $500 to
the result for a total of $570. Your deductible
share, $700, is greater than the maximum
amount deductible in 1 year, so you can deduct
only $70 of the amount you paid or incurred for
depreciable property this year (10% of $700).
You can deduct the balance at the rate of $70 a
year over the next 9 years.
You add $70 to the $1,500 portion of the assessment for drainage ditches. You can deduct
$1,570 of the $2,400 assessment as a soil and
water conservation expense this year, subject to
the 25% of gross income from farming limit on
the deduction, discussed later.
Example 2. Assume the same facts as in
Example 1 except that $1,850 of the $2,400 assessment is for digging drainage ditches and
$550 is for depreciable equipment. The total
amount assessed by the district against all its
members for depreciable equipment is $5,500.
The total amount you can deduct for the depreciable equipment is limited to 10% of this
amount, or $550.
The maximum amount you can deduct this
year for the depreciable equipment is $555
(10% of your deductible share of the total assessment, $55, plus $500). Since your deductible share is less than the maximum amount deductible in 1 year, you can deduct the entire
$550 this year. You can deduct the entire assessment, $2,400, as a soil and water conservation expense this year, subject to the 25% of
gross income from farming limit on the deduction, discussed below.
Sale or other disposal of land during 9-year
period. If you dispose of the land during the
9-year period for deducting conservation expenses subject to the yearly limit, any amounts you
have not yet deducted because of this limit are
added to the basis of the property.
Death of farmer during 9-year period. If a
farmer dies during the 9-year period, any remaining amounts not yet deducted are deducted in the year of death.
25% Limit on Deduction
The total deduction for conservation expenses
in any tax year is limited to 25% of your gross income from farming for that year. For farming
partnerships and S corporations, this is applied
to each partner or shareholder.
Gross income from farming. Gross income
from farming is the income you derive in the
business of farming from the production of
crops, fish, fruits, other agricultural products, or
livestock. Gains from sales of draft, breeding, or
dairy livestock are included. Gains from sales of
assets such as farm machinery, or from the disposition of land, are not included.
Example. In 2024, you report gross income
from farming for your single-member LLC
(SMLLC) on Schedule F (Form 1040) of
$85,000. Additionally, your gain from sales of
cull raised breeding animals reported on Form
Publication 225 (2024)
4797, line 2(g), is $15,000. Therefore, your
gross income from farming is $100,000
($85,000 + $15,000). Thus, the applicable 25%
limitation ($100,000 x 25% (0.25)) is $25,000
for soil and water expenses in 2024.
The calculation of farm income for soil
TIP and water conservation expenses dif-
fers from the calculations for income
averaging and estimated tax payments. For
more information, see Income Averaging for
Farmers in chapter 3 and Gross Income in
chapter 15.
Carryover of deduction. If your deductible
conservation expenses in any year are more
than 25% of your gross income from farming for
that year, you can carry the unused deduction
over to later years. However, the deduction in
any later year is limited to 25% of the gross income from farming for that year as well.
Example. In 2024, you have gross income
of $32,000. During the year, you incurred
$10,000 of deductible soil and water conservation expenses. However, your deduction is limited to 25% of $32,000, or $8,000. The $2,000
excess ($10,000 − $8,000) is carried over to
2025 and added to deductible soil and water
conservation expenses made in that year. The
total of the 2024 carryover plus 2025 expenses
is deductible in 2025, subject to the limit of 25%
of your gross income from farming in 2025. Any
expenses over the limit in that year are carried
to 2026 and later years.
Net operating loss (NOL). The deduction
for soil and water conservation expenses, after
applying the 25% limit, is included when figuring
an NOL for the year. If the NOL is carried to another year, the soil and water conservation deduction included in the NOL is not subject to the
25% limit in the year to which it is carried.
When To Deduct or
Capitalize
If you choose to deduct soil and water conservation expenses, you must deduct the total allowable amount on your tax return for the first
year you pay or incur these expenses. If you
choose not to deduct the expenses, you must
capitalize them.
Change of method. If you want to change
your method for the treatment of soil and water
conservation expenses, or you want to treat the
expenses for a particular project or a single
farm in a different manner, you must get the approval of the IRS. To get this approval, submit a
written request by the due date of your return for
the first tax year you want the new method to
apply. You or your authorized representative
must sign the request. Do not use Form 3115
for this request. Use the procedure outlined below.
Your request must include the following information.
• Your name and address.
• The first tax year the method or change of
method is to apply.
Chapter 6
Basis of Assets
• Whether the method or change of method
applies to all your soil and water conservation expenses or only to those for a particular project or farm. If the method or change
of method doesn't apply to all your expenses, identify the project or farm to which
the expenses apply.
• The total expenses you paid or incurred in
the first tax year the method or change of
method is to apply.
• A statement that you will account separately in your books for the expenses to
which this method or change of method relates.
Send your request to the following address.
Department of the Treasury
Internal Revenue Service Center
Cincinnati, OH 45999
For more information, see Change in
Accounting Method in chapter 2.
Sale of a Farm
If you sell your farm, you can't adjust the basis
of the land at the time of the sale for any unused
carryover of soil and water conservation expenses (except for deductions of assessments for
depreciable property, discussed earlier). However, if you acquire another farm and return to
the business of farming, you can start taking deductions again for the unused carryovers.
Gain on sale of farmland. If you held the land
5 years or less before you sold it, gain on the
sale of the land is treated as ordinary income up
to the amount you previously deducted for soil
and water conservation expenses. If you held
the land less than 10 but more than 5 years, the
gain is treated as ordinary income up to a specified percentage of the previous deductions. See
Section 1252 property under Other Gains in
chapter 9.
6.
Basis of Assets
Introduction
Your basis is the amount of your investment in
property for tax purposes. Use basis to figure
the gain or loss on the sale, exchange, or other
disposition of property. Also use basis to figure
depreciation, amortization, depletion, and casualty losses. You may have property that you use
for both business or the production of income
purposes and for personal purposes. You must
allocate the basis of this property based on its
use. Only the basis allocated to the business or
31
the production of business income use of the
property can be depreciated.
Your original basis in property is adjusted
(increased or decreased) by certain events. For
example, if you make improvements to the property, increase your basis. If you take deductions
for depreciation, or casualty losses, or claim
certain credits, reduce your basis.
Keep accurate records of all items that
affect the basis of your assets. For inRECORDS formation
on keeping records, see
chapter 1.
Topics
This chapter discusses:
• Cost basis
• Adjusted basis
• Basis other than cost
Useful Items
You may want to see:
Publication
544 Sales and Other Dispositions of
Assets
544
551 Basis of Assets
551
946 How To Depreciate Property
946
See How To Get Tax Help for information about
getting publications and forms.
Cost Basis
The basis of property you buy is usually its cost.
Cost is the amount you pay in cash, debt obligations, other property, or services. Your cost includes amounts you pay for sales tax, freight,
installation, and testing. The basis of real estate
and business assets will include other items,
discussed later. Basis generally does not include interest payments.
You may also have to capitalize (add to basis) certain other costs related to buying or producing property. Under the uniform capitalization rules, discussed later, you may have to
capitalize direct costs and certain indirect costs
of producing property.
Loans with low or no interest. If you buy
property on a time-payment plan that charges
little or no interest, the basis of your property is
your stated purchase price minus the amount
considered to be unstated interest. You generally have unstated interest if your interest rate is
less than the applicable federal rate. See the
discussion of unstated interest in Pub. 537, Installment Sales.
Real Property
Real property, also called real estate, is land
and generally anything built on, growing on, or
attached to land.
If you buy real property, certain fees and
other expenses related to the purchase of the
property are part of your cost basis in the property. Some of these expenses are discussed
next.
32
Lump-sum purchase. If you buy improvements, such as buildings, and the land on which
they stand for a lump sum, allocate your cost
basis between the land and improvements. See
Allocating the Basis, later.
Real estate taxes. If you pay the real estate
taxes the seller owed on real property you
bought, and the seller did not reimburse you,
treat those taxes as part of your basis. If the
seller reimburses you for the portion of real estate taxes from the time they owned the property, reduce your deductible real estate tax expense by the amount of the reimbursement.
If you reimburse the seller for taxes the seller
paid for you, you can generally deduct that
amount as a tax expense in the year of purchase. If you do not reimburse the seller for real
estate taxes, you cannot deduct the amount
paid on your behalf as a tax expense. In either
case, do not include that amount in the basis of
your property.
Settlement costs. Your basis includes the settlement fees and closing costs for buying the
property. See Pub. 551 for a detailed list of
items you can and cannot include in basis.
Do not include fees and costs for getting a
loan on the property. Also, do not include
amounts placed in escrow for the future payment of items such as taxes and insurance.
Points. If you pay points to get a loan (including a mortgage, second mortgage, home equity
loan, or line of credit), do not add the points to
the basis of the related property. You may be
able to deduct the points currently or over the
term of the loan.
Assumption of a mortgage. If you buy property and assume (or buy the property subject
to) an existing mortgage, your basis includes
the amount you pay for the property plus the
amount of the mortgage that you assumed.
Example. If you buy a farm for $100,000
cash and assume a mortgage of $400,000, your
basis is $500,000.
Constructing assets. If you build property or
have assets built for you, your expenses for this
construction are part of your basis. Some of
these expenses include the following costs.
• Land.
• Labor and materials.
• Architect's fees.
• Building permit charges.
• Payments to contractors.
• Payments for rental equipment.
• Inspection fees.
In addition, if you use your own employees,
farm materials, and equipment to build an asset, do not deduct the following expenses.
• Employee wages paid for the construction
work, reduced by any employment credits
allowed.
• Depreciation on equipment you own while
it is used in the construction.
• Operating and maintenance costs for
equipment used in the construction.
• The cost of business supplies and materials used in construction.
Chapter 6
Basis of Assets
You must capitalize these expenses by including them in the asset's basis.
Do not include the value of your own labor, or any other labor you did not pay
CAUTION for, in the basis of any property you
construct.
!
Allocating the Basis
In some instances, the rules for determining basis apply to a group of assets acquired in the
same transaction or to property that consists of
separate items. To determine the basis of these
assets or separate items, there must be an allocation of basis.
Land and buildings. Allocate the cost basis
according to the respective fair market values
(FMVs) of the land and improvements at the
time of purchase. Figure the basis of each asset
by multiplying the lump sum by a fraction. The
numerator is the FMV of that asset, and the denominator is the FMV of the whole property at
the time of purchase.
Fair market value (FMV). FMV is the price at
which property would change hands between a
willing buyer and a willing seller, neither having
to buy or sell, and both having reasonable
knowledge of all necessary facts. Sales of similar property on or about the same date may help
in figuring the FMV of the property.
Group of assets acquired. If you buy multiple
assets for a lump sum, allocate the amount you
pay among the assets. Use this allocation to figure your basis for depreciation and gain or loss
on a later disposition of any of these assets. You
and the seller may agree in the sales contract to
a specific allocation of the purchase price
among the assets. If this allocation is based on
the value of each asset and you and the seller
have adverse tax interests, the allocation will
generally be accepted.
Farming business acquired. If you buy a
group of assets that make up a farming business, there are special rules you must use to allocate the purchase price among the assets.
Generally, reduce the purchase price by any
cash received. Allocate the remaining purchase
price to the other business assets received in
proportion to (but not more than) their FMVs
and in a certain order. See Trade or Business
Acquired under Allocating the Basis in Pub. 551
for more information. Also, see the examples
under Sale of a Farm in chapter 8.
Transplanted embryo. If you buy a cow that is
pregnant with a transplanted embryo, allocate
to the basis of the cow the part of the purchase
price equal to the FMV of the cow without the
implant. Allocate the rest of the purchase price
to the basis of the calf. Neither the cost allocated to the cow nor the cost allocated to the calf
is deductible as a current business expense,
however, you may be able to take a deduction
for depreciation for the cow. The tax treatment
for the basis of the cost allocated to the calf will
depend on producer's intent.
Example. You buy 10 embryo transplanted
cows that are 5 months pregnant for $40,000.
Publication 225 (2024)
The FMV of 10 cows without implanted embryos is $12,000. Therefore, the 10 calves that
were born from the embryo implanted cows
would have a basis of $28,000 ($40,000 $12,000) which is their basis at birth.
If you placed these calves in service in the
breeding herd, their basis for depreciation is
$28,000. If you decide to sell the calves instead
of putting them in the breeding herd, you deduct
their $28,000 basis from the sales proceeds.
Uniform Capitalization Rules
Under the uniform capitalization rules, you must
include certain direct and indirect costs in the
basis of property you produce or in your inventory costs, rather than claim them as a current
year deduction. You recover these costs
through depreciation, amortization, or cost of
goods sold when you use, sell, or otherwise dispose of the property.
Any farming business that has average
TIP annual gross receipts of $30 million or
less for the 3 preceding tax years and
is not a tax shelter is not subject to the uniform
capitalization rules.
Generally, you are subject to the uniform
capitalization rules if you do either of the following.
1. Produce real property or tangible personal
property.
2. Acquire property for resale.
You produce property if you construct, build,
install, manufacture, develop, improve, or create
the property.
You are not subject to the uniform capi-
TIP talization rules if the property is produced for personal use.
In a farming business, you produce property
if you raise or grow any agricultural or horticultural commodity, including plants and animals.
Plants. A plant produced in a farming business
includes the following items.
• A fruit, nut, or other crop-bearing tree.
• An ornamental tree.
• A vine.
• A bush.
• Sod.
• The crop or yield of a plant that will have
more than one crop or yield.
Animals. An animal produced in a farming
business includes any stock, poultry or other
bird, and fish or other sea life.
The direct and indirect costs of producing
plants or animals include preparatory costs and
preproductive period costs. Preparatory costs
include the acquisition costs of the seed, seedling, plant, or animal. For plants, preproductive
period costs include the costs of items such as
irrigation, pruning, frost protection, spraying,
and harvesting. For animals, preproductive period costs include the costs of items such as
feed, maintaining pasture or pen areas, breeding, veterinary services, and bedding.
Exceptions. In a farming business, the uniform
capitalization rules do not apply to:
Publication 225 (2024)
Table 6-1. Plants With a Preproductive Period of More Than 2 Years
Plants producing the following crops or yields have a nationwide weighted average
preproductive period of more than 2 years.
•
•
•
•
•
•
•
•
•
Almonds
Apples
Apricots
Avocados
Blueberries
Cherries
Chestnuts
Coffee beans
Currants
•
•
•
•
•
•
•
•
•
Dates
Figs
Grapefruit
Grapes
Guavas
Kiwifruit
Kumquats
Lemons
Limes
•
•
•
•
•
•
•
•
•
1. Any animal,
2. Any plant with a preproductive period of 2
years or less, or
3. Any costs of replanting certain plants lost
or damaged due to casualty.
Exceptions (1) and (2) do not apply to a corporation, partnership, or tax shelter required to
use an accrual method of accounting. See Accrual Method Required under Accounting Methods in chapter 2.
In addition, you can elect not to use the uniform capitalization rules for plants with a preproductive period of more than 2 years. This election cannot be made by a corporation,
partnership, or tax shelter required to use an accrual method of accounting. This election also
does not apply to any costs incurred for the
planting, cultivation, maintenance, or development of any citrus or almond grove (or any part
thereof) within the first 4 years the trees were
planted.
If you elect not to use the uniform capitalization rules, you must use the alterCAUTION native depreciation system for all property used in any of your farming businesses and
placed in service in any tax year during which
the election is in effect. See chapter 7 for additional information on depreciation.
!
Example. You grow trees that have a preproductive period of more than 2 years. The
trees produce an annual crop. You are an individual and the uniform capitalization rules apply
to your farming business. You must capitalize
the direct costs and an allocable part of indirect
costs incurred due to the production of the
trees. You are not required to capitalize the
costs of producing the annual crop because its
preproductive period is 2 years or less.
Preproductive period of more than 2 years.
The preproductive period of plants grown in
commercial quantities in the United States is
based on their nationwide weighted average
preproductive period. Plants producing the
crops or yields shown in Table 6-1 have a nationwide weighted average preproductive period
of more than 2 years. Other plants (not shown in
Table 6-1) may also have a nationwide weighted
average preproductive period of more than 2
years.
More information. For more information on
the uniform capitalization rules that apply to
property produced in a farming business, see
Regulations section 1.263A-4.
Chapter 6
Basis of Assets
Macadamia nuts
Mangoes
Nectarines
Olives
Oranges
Peaches
Pears
Pecans
Persimmons
•
•
•
•
•
•
•
•
Pistachio nuts
Plums
Pomegranates
Prunes
Tangelos
Tangerines
Tangors
Walnuts
Adjusted Basis
Before figuring gain or loss on a sale, exchange,
or other disposition of property or figuring allowable depreciation, depletion, or amortization,
you must usually make certain adjustments to
the cost basis or basis other than cost (discussed later) of the property. The adjustments
to the original basis are increases or decreases
to the cost basis or other basis which result in
the adjusted basis of the property.
Increases to Basis
Increase the basis of any property by all items
properly added to a capital account. These include the cost of any improvements having a
useful life of more than 1 year.
The following costs increase the basis of
property.
• The cost of extending utility service lines to
property.
• Legal fees, such as the cost of defending
and perfecting title.
• Legal fees for seeking a decrease in an assessment levied against property to pay for
local improvements.
• Assessments for items such as paving
roads and building ditches that increase
the value of the property assessed. Do not
deduct these expenses as taxes. However,
you can deduct as taxes amounts assessed for maintenance or repairs, or for
meeting interest charges related to the improvements.
If you make additions or improvements to
business property, depreciate the basis of each
addition or improvement as separate depreciable property using the rules that would apply to
the original property if you had placed it in service at the same time you placed the addition or
improvement in service. See chapter 7 for more
information.
Deducting vs. capitalizing costs. Do not add
to your basis costs that you can deduct as current expenses. For example, amounts paid for
incidental repairs or maintenance are deductible as business expenses and are not added to
basis. However, you can elect either to deduct
or to capitalize certain other costs. See Deducting vs. Capitalizing Costs under Increase to Basis in Pub. 551.
33
Note. Generally, you can deduct amounts
paid for repairs and maintenance to your tangible property if the amounts paid are not otherwise required to be capitalized. However, you
may elect to capitalize amounts paid for repair
and maintenance consistent with the treatment
on your books and records. If you make this
election, it applies to all amounts paid for repair
and maintenance to tangible property that you
treat as capital expenditures on your books and
records for the tax year. To make the election to
treat repairs and maintenance as capital expenditures, attach a statement titled “Section
1.263(a)-3(n) Election” to your timely filed return
(excluding extensions). For more information on
what to include in the statement, see Regulations section 1.263(a)-3(n). If you timely filed
your return for the year without making the election, you can still make the election by filing an
amended return within 6 months of the due date
of the return (excluding extensions). Attach the
statement to the amended return and enter
“Filed pursuant to section 301.9100-2” on the
statement. File the amended return at the same
address you filed the original return.
Decreases to Basis
The following are some items that reduce the
basis of property.
• Section 179 deduction.
• Deductions previously allowed or allowable
for amortization, depreciation, and depletion.
• Residential energy efficient property credits. See Form 5695.
• Investment credit (part or all) taken.
• Casualty and theft losses and insurance
reimbursements.
• Payments you receive for granting an
easement.
• Exclusion from income of subsidies for energy conservation measures.
• Certain canceled debt excluded from income.
• Rebates from a manufacturer or seller.
• Patronage dividends received from a cooperative association as a result of a purchase of property. See Patronage Dividends in chapter 3.
• Gas-guzzler tax. See Form 6197.
Some of these items are discussed next. For a
more detailed list of items that decrease basis,
see section 1016 of the Internal Revenue Code
and Pub. 551.
Depreciation and section 179 deduction.
The adjustments you must make to the basis of
the property if you take the section 179 deduction or depreciate the property are explained
next. For more information on these deductions,
see chapter 7.
Section 179 deduction. If you take the
section 179 expense deduction for all or part of
the cost of qualifying business property, decrease the basis of the property by the deduction.
Depreciation. Decrease the basis of property by the depreciation you deducted or could
have deducted on your tax returns under the
method of depreciation you chose. If you took
less depreciation than you could have under the
34
method chosen, decrease the basis by the
amount you could have taken under that
method. If you did not take a depreciation deduction, reduce the basis by the full amount of
the depreciation you could have taken.
If you deducted more depreciation than you
should have, decrease your basis by the
amount you should have deducted plus the part
of the excess depreciation you deducted that
actually reduced your tax liability for any year.
See chapter 7 for information on figuring the
depreciation you should have claimed.
In decreasing your basis for depreciation,
take into account the amount deducted on your
tax returns as depreciation and any depreciation you must capitalize under the uniform capitalization rules.
your depreciable property by the excluded
amount.
For more information about canceled debt in
a bankruptcy case, see Pub. 908, Bankruptcy
Tax Guide. For more information about insolvency and canceled debt that is qualified farm
debt, see chapter 3. For more information about
qualified real property business debt, see Pub.
334, Tax Guide for Small Business.
Casualty and theft losses. If you have a
casualty or theft loss, decrease the basis in your
property by any insurance or other reimbursement and by any deductible loss not covered by
insurance. See chapter 11 for information about
figuring your casualty or theft loss.
You must increase your basis in the property
by the amount you spend on clean-up costs
(such as debris removal) and repairs that substantially prolong the life of the property, increase its value, or adapt it to a different use. To
make this determination, compare the repaired
property to the property before the casualty. For
more information on casualty and theft losses,
see Pub. 547.
Property changed from personal to business or rental use. When you hold property
for personal use and then change it to business
use or use it to produce rent, you must figure its
basis for depreciation. An example of changing
property from personal to business use would
be changing the use of your pickup truck that
you originally purchased for your personal use
to use in your farming business.
The basis for depreciation is the lesser of:
• The FMV of the property on the date of the
change, or
• Your adjusted basis on the date of the
change.
Basis Other Than Cost
There are times when you cannot use cost as
basis. In these situations, the FMV or the adjusted basis of property may be used. Examples
are discussed next.
Easements. The amount you receive for granting an easement is usually considered to be
proceeds from the sale of an interest in the real
property. It reduces the basis of the affected
part of the property. If the amount received is
more than the basis of the part of the property
affected by the easement, reduce your basis in
that part to zero and treat the excess as a recognized gain. See Easements and rights-of-way
in chapter 3.
If you later sell or dispose of this property,
the basis you use will depend on whether you
are figuring a gain or loss. The basis for figuring
a gain is your adjusted basis in the property
when you sell the property. Figure the basis for
a loss starting with the smaller of your adjusted
basis or the FMV of the property at the time of
the change to business or rental use. Then
make adjustments (increases and decreases)
for the period after the change in the property's
use, as discussed earlier under Adjusted Basis.
Exclusion from income of subsidies for energy conservation measures. You can exclude from gross income any subsidy you received from a public utility company for the
purchase or installation of an energy conservation measure for a dwelling unit. Reduce the basis of the property by the excluded amount.
Property received for services. If you receive
property for services, include the property's
FMV in income. The amount you include in income becomes your basis. If the services were
performed for a price agreed on beforehand, it
will be accepted as the FMV of the property if
there is no evidence to the contrary.
Canceled debt excluded from income. If a
debt you owe is canceled or forgiven, other than
as a gift or bequest, you must generally include
the canceled amount in your gross income for
tax purposes. A debt includes any indebtedness for which you are liable or which attaches
to property you hold.
You can exclude your canceled debt from income if the debt is any of the following.
Example. Rocco Stowsa is an accountant
and also operates a farming business. Rocco
agreed to do some accounting work for his
neighbor in exchange for a dairy cow. The accounting work and the cow are each worth
$1,500. Rocco must include $1,500 in income
for his accounting services. Rocco's basis in the
cow is $1,500.
1. Debt canceled in a bankruptcy case or
when you are insolvent.
2. Qualified farm debt.
3. Qualified real property business debt (provided you are not a C corporation).
If you exclude canceled debt from income as
described in (1) or (2), you may have to reduce
the basis of your depreciable and nondepreciable property. If you exclude canceled debt described in (3), you must only reduce the basis of
Chapter 6
Basis of Assets
Taxable Exchanges
A taxable exchange is one in which the gain is
taxable, or the loss is deductible. A taxable gain
or deductible loss is also known as a recognized gain or loss. A taxable exchange occurs
when you receive cash or get property that is
not similar or related in use to the property exchanged. If you receive property in exchange
for other property in a taxable exchange, the basis of the property you receive is usually its FMV
at the time of the exchange.
Publication 225 (2024)
Example. You trade a tract of farmland with
an adjusted basis of $20,000 for a tractor that
has an FMV of $60,000. You must report a taxable gain of $40,000 for the land. The tractor has
a basis of $60,000.
Nontaxable Exchanges
A nontaxable exchange is an exchange in which
you are not taxed on any gain and you cannot
deduct any loss. A nontaxable gain or loss is
also known as an unrecognized gain or loss. If
you receive property in a nontaxable exchange,
its basis is usually the same as the basis of the
property you transferred.
Involuntary Conversions
If you receive property as a result of an involuntary conversion, such as a casualty, theft, or
condemnation, figure the basis of the replacement property you receive using the basis of the
converted property.
Similar or related property. If the replacement property is similar or related in service or
use to the converted property, the replacement
property's basis is the same as the old property's basis on the date of the conversion. However, make the following adjustments.
1. Decrease the basis by the following
amounts.
a. Any loss you recognize on the involuntary conversion.
b. Any money you receive that you do
not spend on similar property.
2. Increase the basis by the following
amounts.
a. Any gain you recognize on the involuntary conversion.
b. Any cost of acquiring the replacement
property.
Money or property not similar or related. If
you receive money or property not similar or related in service or use to the converted property
and you buy replacement property similar or related in service or use to the converted property, the basis of the replacement property is its
cost decreased by the gain not recognized on
the involuntary conversion.
Allocating the basis. If you buy more than
one piece of replacement property, allocate
your basis among the properties based on their
respective costs.
Basis for depreciation. Special rules apply in
determining and depreciating the basis of
MACRS property acquired in an involuntary
conversion. For more information, see Figuring
the Deduction for Property Acquired in a Nontaxable Exchange under Figuring Depreciation
Under MACRS in chapter 7.
For more information about involuntary conversions, see chapter 11.
Like-Kind Exchanges
Generally, if you exchange real property you use
in your business or hold for investment solely for
other business or investment real property of a
like kind, you do not recognize the gain or loss
from the exchange. If you also receive
non-like-kind property or money as part of the
exchange, you do recognize gain, but only to
the extent of the value of the other property or
money you received in the exchange, and you
do not recognize any loss.
For an exchange to qualify as a like-kind exchange, you must hold for business or investment purposes both the property you transfer
and the property you receive. There must also
be an exchange of like-kind property. For more
information, see Like-Kind Exchanges in chapter 8.
The basis of the property you receive is generally the same as the adjusted basis of the
property you gave up.
Example. You trade farmland for another
larger tract of farmland. Your adjusted basis in
your farmland is $110,000. The FMV of the new
tract of farmland is $150,000. Because this is a
nontaxable exchange, you do not recognize any
gain and your basis in the farmland you receive
is $110,000, the same as the adjusted basis in
the farmland you exchanged.
Note. An exchange of personal property,
such as machinery or equipment, does not
qualify as a like-kind exchange.
Exchange expenses. Exchange expenses are
generally the closing costs that you pay. They
include such items as brokerage commissions,
attorney fees, and deed preparation fees. Add
them to the basis of the like-kind property you
receive.
Property plus cash. If you trade property in a
like-kind exchange and also pay money, the basis of the property you receive is increased by
the money you paid.
Example. Assume the same facts from the
previous example except you pay an additional
$20,000 in cash. Your adjusted basis in the
newly acquired farming real estate is $130,000
($110,000 adjusted basis of your old farmland
plus the $20,000 cash you paid).
Special rules for related persons. If a
like-kind exchange takes place directly or indirectly between related persons and either party
disposes of the property within 2 years after the
exchange, the exchange no longer qualifies for
like-kind exchange treatment. Each person
must report any gain or loss not recognized on
the original exchange unless the loss is not deductible under the related-party rules. Each person reports it on the tax return filed for the year
in which the later disposition occurred. If this
rule applies, the basis of the property received
in the original exchange will be its FMV. For
more information, see chapter 8.
Basis for depreciation. Special rules apply in
determining and depreciating the basis of
Publication 225 (2024)
Chapter 6
Basis of Assets
MACRS property acquired in a like-kind transaction. For more information, see Figuring the
Deduction for Property Acquired in a Nontaxable Exchange under Figuring Depreciation Under MACRS in chapter 7.
Partially Nontaxable Exchanges
A partially nontaxable exchange is an exchange
in which you receive property that is not a
like-kind property or money in addition to a
like-kind property. The basis of the property you
receive is the same as the adjusted basis of the
property you gave up with the following adjustments.
1. Decrease the basis by the following
amounts.
a. Any money you receive.
b. Any loss you recognize on the exchange.
2. Increase the basis by the following
amounts.
a. Any additional costs you incur.
b. Any gain you recognize on the exchange.
If the other party to the exchange assumes your
liabilities, treat the debt assumption as money
you received in the exchange.
Example. You trade farmland (basis of
$100,000) for another tract of farmland (FMV of
$110,000) and $30,000 cash. You realize a gain
of $40,000. This is the FMV of the land received
plus the cash minus the basis of the land you
traded ($110,000 + $30,000 − $100,000). Include your gain in income (recognize gain) only
to the extent of the cash received. Your basis in
the land you received is figured as follows.
Basis of land traded . . . . . . . . . . . . .$100,000
Minus: Cash received (adjustment
1a) . . . . . . . . . . . . . . . . . . . . . . . . . . − 30,000
$70,000
Plus: Gain recognized (adjustment
2b) . . . . . . . . . . . . . . . . . . . . . . . . . . + 30,000
Basis of land received . . . . . . . $100,000
Allocation of basis. If you receive like-kind
and unlike properties in the exchange, allocate
the basis first to the unlike property, other than
money, up to its FMV on the date of the exchange. The rest is the basis of the like-kind
property.
Example. You trade a tract of farmland with
an adjusted basis of $100,000 for another tract
of farmland that has an FMV of $92,500. You
also receive $4,000 in cash and a pickup truck
with an FMV of $11,000. Since only real property qualifies for like-kind exchange treatment,
your receipt of the truck and cash means you
must recognize gain on the exchange. You realize a gain of $7,500. This is the sum of the FMV
of the tract of farmland you receive, the FMV of
the truck you receive, and the cash you receive,
minus the adjusted basis of the farmland you
traded ($92,500 + $11,000 + $4,000 –
$100,000). You include in income (recognize)
all $7,500 of the gain because it is the lesser of
35
the realized gain ($7,500) and the sum of the
FMV of the unlike property and the cash received ($15,000). Your basis in the properties
you received is figured as follows.
Adjusted basis old farmland . . . . . . $100,000
Minus: Cash received (adjustment
1a) . . . . . . . . . . . . . . . . . . . . . . . . . . − 4,000
$96,000
Plus: Gain recognized (adjustment
2b) . . . . . . . . . . . . . . . . . . . . . . . . . . + 7,500
Total basis of properties
received . . . . . . . . . . . . . . . . $103,500
Allocate the basis of $103,500 first to the unlike
property, the truck ($11,000). This is the truck's
FMV. The rest ($92,500) is the basis in the farmland.
Sale and Purchase
If you sell property and buy similar property in
two mutually dependent transactions, you may
have to treat the sale and purchase as a single
nontaxable exchange.
Example. You own farmland with a barn.
The properties have a combined adjusted basis
of $70,000, and an FMV of $150,000. You are
interested in another tract of farmland with a
larger barn owned by your neighbor who is interested in exchanging the property with you.
The total FMV of your neighbor's farmland and
barn is $200,000. You want the new barn to
have a larger basis for depreciation, so you arrange to sell your old farmland and barn to your
neighbor for $150,000. Your neighbor then sells
his farmland and barn to you for $200,000.
However, you are treated as having exchanged
the old property for the new property because
the sale and purchase are reciprocal and mutually dependent. Your basis in the new property
is $120,000 ($50,000 cash paid plus $70,000
adjusted basis in your old property), which must
be allocated between the farmland and the
barn.
Property Received as a Gift
To figure the basis of property you receive as a
gift, you must know the donor's adjusted basis
(defined earlier) just before it was given to you.
You must also know its FMV at the time it was
given to you and any gift tax paid on it.
FMV equal to or greater than donor's adjusted basis. If the FMV of the property is equal
to or greater than the donor's adjusted basis,
your basis is the donor's adjusted basis when
you received the gift. Increase your basis by all
or part of any gift tax paid, depending on the
date of the gift.
Also, for figuring gain or loss from a sale or
other disposition of the property, or for figuring
depreciation, depletion, or amortization deductions on business property, you must increase
or decrease your basis (the donor's adjusted
basis) by any required adjustments to basis
while you held the property. See Adjusted Basis, earlier.
If you received a gift during the tax year, increase your basis in the gift (the donor's adjusted basis) by the part of the gift tax paid on it
36
due to the net increase in value of the gift. Figure the increase by multiplying the gift tax paid
by the following fraction.
Net increase in value of the gift
Amount of the gift
The net increase in value of the gift is the
FMV of the gift minus the donor's adjusted basis. The amount of the gift is its value for gift tax
purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift.
Example. In 2024, you received a gift of
property from your mother that had an FMV of
$50,000. Her adjusted basis was $20,000. The
amount of the gift for gift tax purposes was
$32,000 ($50,000 minus the $18,000 annual
exclusion). She paid a gift tax of $6,440. Your
basis, $26,054, is figured as follows.
Fair market value . . .
Minus: Adjusted basis
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
$50,000
− 20,000
Net increase in value
. . . . . . . . . . . . . . .
$30,000
Gift tax paid . . . . . . . . . . . . . . .
Multiplied by ($30,000 ÷ $32,000)
. . . . . .
. . . . . .
Gift tax due to net increase in value . .
Adjusted basis of property to your
mother . . . . . . . . . . . . . . . . . . . .
Your basis in the property . . . . .
$6,440
× 0.94
. . .
$6,054
. . .
+ 20,000
. .
$26,054
Note. If you received a gift before 1977,
your basis in the gift (the donor's adjusted basis) includes any gift tax paid on it. However,
your basis cannot exceed the FMV of the gift
when it was given to you.
FMV less than donor's adjusted basis. If the
FMV of the property at the time of the gift is less
than the donor's adjusted basis, your basis depends on whether you have a gain or a loss
when you dispose of the property. Your basis for
figuring gain is the donor's adjusted basis plus
or minus any required adjustments to basis
while you held the property. Your basis for figuring loss is its FMV when you received the gift
plus or minus any required adjustments to basis
while you held the property. (See Adjusted Basis, earlier.)
If you use the donor's adjusted basis for figuring a gain and get a loss, and then use the
FMV for figuring a loss and get a gain, you have
neither gain nor loss on the sale or other disposition of the property.
Example. You received farmland as a gift
from your parents when they retired from farming. At the time of the gift, the land had an FMV
of $80,000. Your parents' adjusted basis was
$100,000. After you received the land, no
events occurred that would increase or decrease your basis.
If you sell the land for $120,000, you will
have a $20,000 gain because you must use the
donor's adjusted basis at the time of the gift
($100,000) as your basis to figure a gain. If you
sell the land for $70,000, you will have a
$10,000 loss because you must use the FMV at
the time of the gift ($80,000) as your basis to
figure a loss.
If the sales price is between $80,000 and
$100,000, you have neither gain nor loss. For
Chapter 6
Basis of Assets
instance, if the sales price was $90,000 and you
tried to figure a gain using the donor's adjusted
basis ($100,000), you would get a $10,000 loss.
If you then tried to figure a loss using the FMV
($80,000), you would get a $10,000 gain.
Business property. If you hold the gift as
business property, your basis for figuring any
depreciation, depletion, or amortization deductions is the same as the donor's adjusted basis
plus or minus any required adjustments to basis
while you hold the property. For more information on depreciation, depletion or amortization,
see chapter 7.
Property Transferred From a
Spouse
The basis of property transferred to you or
transferred in trust for your benefit by your
spouse is the same as your spouse's adjusted
basis. The same rule applies to a transfer by
your former spouse if the transfer is incident to
divorce. However, for property transferred in
trust, adjust your basis for any gain recognized
by your spouse or former spouse if the liabilities
assumed plus the liabilities to which the property is subject are more than the adjusted basis
of the property transferred.
The transferor must give you the records
needed to determine the adjusted basis and
holding period of the property as of the date of
the transfer.
For more information, see Property Settlements in Pub. 504, Divorced or Separated Individuals.
Inherited Property
Your basis in property you inherited from a decedent is generally one of the following.
• The FMV of the property at the date of the
decedent's death. If Form 706, United
States Estate (and Generation-Skipping
Transfer) Tax Return, you can use its appraised value.
• The FMV on the alternate valuation date if
the personal representative for the estate
elects to use alternate valuation. For information on the alternate valuation, see the
Instructions for Form 706.
• The decedent's adjusted basis in land to
the extent of the value that is excluded
from the decedent's taxable estate as a
qualified conservation easement.
If a federal estate tax return does not have to
be filed, your basis in the inherited property is
its appraised value at the date of death for state
inheritance or transmission taxes.
Special-use valuation method. Under certain
conditions, when a person dies, the executor or
personal representative of that person's estate
may elect to value qualified real property at
other than its FMV. If so, the executor or personal representative values the qualified real
property based on its use as a farm or other
closely held business. If the executor or personal representative elects this method of valuation for estate tax purposes, this value is the
basis of the property for the qualified heirs. The
Publication 225 (2024)
qualified heirs should be able to get the necessary value from the executor or personal representative of the estate.
If you are a qualified heir who received special-use valuation property, increase your basis
by any gain recognized by the estate or trust because of post-death appreciation. Post-death
appreciation is the property's FMV on the date
of distribution minus the property's FMV either
on the date of the individual's death or on the alternate valuation date. Figure all FMVs without
regard to the special-use valuation.
You may be liable for an additional estate tax
if, within 10 years after the death of the decedent, you transfer the property or the property
stops being used as a farm. This tax does not
apply if you dispose of the property in a like-kind
exchange or in an involuntary conversion in
which all of the proceeds are reinvested in
qualified replacement property. The tax also
does not apply if you transfer the property to a
member of your family and certain requirements
are met.
You can elect to increase your basis in special-use valuation property if it becomes subject
to the additional estate tax. To increase your basis, you must make an irrevocable election and
pay interest on the additional estate tax figured
from the date 9 months after the decedent's
death until the date of payment of the additional
estate tax. If you meet these requirements, increase your basis in the property to its FMV on
the date of the decedent's death or the alternate
valuation date. The increase in your basis is
considered to have occurred immediately before the event that resulted in the additional estate tax.
You make the election by filing, with Form
706-A, United States Additional Estate Tax Return, a statement that:
• Contains your (and the estate's) name, address, and taxpayer identification number;
• Identifies the election as an election under
section 1016(c) of the Internal Revenue
Code;
• Specifies the property for which you are
making the election; and
• Provides any additional information required by the Form 706-A instructions.
For more information, see Form 706; Form
706-A; and the related instructions.
Property Distributed From a
Partnership or Corporation
The following rules apply to determine a partner's basis and a shareholder's basis in property distributed respectively from a partnership
to the partner with respect to the partner's interest in the partnership and from a corporation to
the shareholder with respect to the shareholder's ownership of stock in the corporation.
Partner's basis. Unless there is a complete
liquidation of a partner's interest, the basis of
property (other than money) distributed by a
partnership to the partner is its adjusted basis
to the partnership immediately before the distribution. However, the basis of the property to the
partner cannot be more than the adjusted basis
of his or her interest in the partnership reduced
by any money received in the same transaction.
Publication 225 (2024)
For more information, see Partner's Basis for
Distributed Property in Pub. 541, Partnerships.
Shareholder's basis. The basis of property
distributed by a corporation to a shareholder is
its FMV. For more information about corporate
distributions, see Distributions to Shareholders
in Pub. 542, Corporations.
certain specified plants bearing fruits and nuts
planted or grafted after December 31, 2024,
and before January 1, 2026. See Certain qualified property acquired after September 27,
2017 and
Certain specified plants under What Is Qualified
Property, later.
Introduction
Depreciation,
Depletion, and
Amortization
If you buy or make improvements to farm property, such as machinery, equipment, livestock,
or a structure with a useful life of more than a
year, you generally cannot deduct its entire cost
in 1 year. Instead, you must spread the cost
over the time you use the property and deduct
part of it each year. For most types of property,
this is called depreciation.
This chapter gives information on depreciation methods that generally apply to property
placed in service after 1986. For information on
depreciating pre-1987 property, see Pub. 534,
Depreciating Property Placed in Service Before
1987.
What's New for 2024
This chapter discusses:
7.
Increased section 179 expense deduction
dollar limits. The maximum amount you can
elect to deduct for most section 179 property
you placed in service in 2024 is $1,220,000.
This limit is reduced by the amount by which the
cost of the property placed in service during the
tax year exceeds $3,050,000. Also, the maximum section 179 expense deduction for sport
utility vehicles placed in service in tax years beginning in 2024 is $30,500. See Dollar Limits
under Section 179 Expense Deduction, later.
Phase down of special depreciation allowance. The special depreciation allowance is
60% for certain qualified property acquired after
September 27, 2017, and placed in service after December 31, 2023, and before January 1,
2025 (other than certain property with a long
production period and certain aircraft). For certain property with a long production period and
certain aircraft placed in service after December 31, 2023, and before January 1, 2025, the
special depreciation allowance is 80%. The
special depreciation allowance is also 60% for
certain specified plants bearing fruits and nuts
planted or grafted after December 31, 2023,
and before January 1, 2025. See Certain qualified property acquired after September 27,
2017 and Certain specified plants under What
Is Qualified Property, later.
Topics
•
•
•
•
Overview of depreciation
Section 179 expense deduction
Special depreciation allowance
Modified Accelerated Cost Recovery
System (MACRS)
• Listed property
• Basic information on cost depletion
(including timber depletion) and
percentage depletion
• Amortization of the costs of going into
business, reforestation costs, the costs of
pollution control facilities, and the costs of
section 197 intangibles
Useful Items
You may want to see:
Publication
463 Travel, Gift, and Car Expenses
463
534 Depreciating Property Placed in
Service Before 1987
534
544 Sales and Other Dispositions of
Assets
544
551 Basis of Assets
551
946 How To Depreciate Property
946
Form (and Instructions)
What’s New for 2025
T
T
(Timber), Forest Activities Schedule
3115 Application for Change in
Accounting Method
3115
Phase down of special depreciation allowance. The special depreciation allowance is
40% for certain qualified property acquired after
September 27, 2017, and placed in service after December 31, 2024, and before January 1,
2026 (other than certain property with a long
production period and certain aircraft). For certain property with a long production period and
certain aircraft placed in service after December 31, 2024, and before January 1, 2026, the
special depreciation allowance is 60%. The
special depreciation allowance is also 40% for
Chapter 7
4562 Depreciation and Amortization
4562
4797 Sales of Business Property
4797
See How To Get Tax Help for information about
getting publications and forms.
It is important to keep good records for
property you depreciate. Do not file
RECORDS these records with your return. Instead,
you should keep them as part of the permanent
records of the depreciated property. They will
Depreciation, Depletion, and Amortization
37
help you verify the accuracy of the depreciation
of assets placed in service in the current and
previous tax years. For general information on
recordkeeping, see Pub. 583, Starting a Business and Keeping Records. For specific information on keeping records for section 179 property and listed property, see Pub. 946.
Overview of
Depreciation
This overview discusses basic information on
the following.
• What property can be depreciated.
• What property cannot be depreciated.
• When depreciation begins and ends.
• Whether MACRS can be used to figure depreciation.
• What is the basis of your depreciable property.
• How to treat repairs and improvements.
• When you must file Form 4562.
• How you can correct depreciation claimed
incorrectly.
What Property Can Be
Depreciated?
You can depreciate most types of tangible property (except land), such as buildings, machinery, equipment, vehicles, certain livestock, and
furniture. You can also depreciate certain intangible property, such as copyrights, patents, and
computer software. To be depreciable, the property must meet all the following requirements.
• It must be property you own.
• It must be used in your business or income-producing activity.
• It must have a determinable useful life.
• It must have a useful life that extends substantially beyond the year you place it in
service.
Property You Own
Incidents of ownership. Incidents of ownership in property include the following.
• The legal title to the property.
• The legal obligation to pay for the property.
• The responsibility to pay maintenance and
operating expenses.
• The duty to pay any taxes on the property.
• The risk of loss if the property is destroyed,
condemned, or diminished in value
through obsolescence or exhaustion.
Life tenant. Generally, if you hold business or
investment property as a life tenant, you can depreciate it as if you were the absolute owner of
the property. See Certain term interests in property, later, for an exception.
Property Used in Your Business or
Income-Producing Activity
To claim depreciation on property, you must use
it in your business or income-producing activity.
If you use property to produce income (investment use), the income must be taxable. You
cannot depreciate property that you use solely
for personal activities. However, if you use property for business or investment purposes and
for personal purposes, you can deduct depreciation based only on the percentage of business
or investment use.
Example 1. If you use your car for farm
business, you can deduct depreciation based
on its percentage of use in farming. If you also
use it for investment purposes, you can depreciate it based on its percentage of investment
use.
Example 2. If you use part of your home for
business, you may be able to deduct depreciation on that part based on its business use. For
more information, see Business Use of Your
Home in chapter 4.
You may be able to use the simplified
TIP method to determine your business
To claim depreciation, you must usually be the
owner of the property. You are considered as
owning property even if it is subject to a debt.
Leased property. You can depreciate leased
property only if you retain the incidents of ownership in the property (explained below). This
means you bear the burden of exhaustion of the
capital investment in the property.
If you lease property from someone to use in
your trade or business or for the production of
income, you generally cannot depreciate its
cost because you do not have the incidents of
ownership. You can, however, depreciate any
capital improvements you make to the leased
property. See Additions and Improvements under Which Recovery Period Applies? in chapter 4 of Pub. 946.
You can generally depreciate the cost of
property you lease to someone even if the lessee (the person leasing from you) has agreed to
preserve, replace, renew, and maintain the
property. However, you cannot depreciate the
cost of the property if the lease provides that the
lessee is to maintain the property and return to
38
you the same property or its equivalent in value
at the expiration of the lease in as good condition and value as when leased.
use of the home deduction. If you
choose to use the simplified method, you cannot also deduct depreciation on the part of the
home used for business. For more information
about the simplified method, see Pub. 587,
Business Use of Your Home.
Inventory. You can never depreciate inventory
because it is not held for use in your business.
Inventory is any property you hold primarily for
sale to customers in the ordinary course of your
business. For example, livestock or poultry purchased to grow and resell is inventory.
Livestock. Livestock purchased for draft,
breeding, or dairy purposes can be depreciated
only if they are not kept in an inventory account.
Livestock you raise usually has no depreciable
basis because the costs of raising them are deducted and not added to their basis. However,
see Immature livestock under When Does Depreciation Begin and End, later, for a special
rule.
Chapter 7
Property Having a Determinable
Useful Life
To be depreciable, your property must have a
determinable useful life. This means it must be
something that wears out, decays, gets used
up, becomes obsolete, or loses its value from
natural causes.
Irrigation systems and water wells. Irrigation
systems and water wells used in a trade or business can be depreciated if their useful life can
be determined. You can depreciate irrigation
systems and water wells composed of masonry,
concrete, tile (including drainage tile), metal, or
wood. In addition, you can depreciate costs for
moving dirt to construct irrigation systems and
water wells composed of these materials. However, land preparation costs for center pivot irrigation systems are not depreciable.
Dams, ponds, and terraces. In general, you
cannot depreciate earthen dams, ponds, and
terraces unless the structures have a determinable useful life.
What Property Cannot Be
Depreciated?
Certain property cannot be depreciated, even if
the requirements explained earlier are met. This
includes the following.
• Land. You can never depreciate the cost of
land because land does not wear out, become obsolete, or get used up. The cost of
land generally includes the cost of clearing, grading, planting, and landscaping. Although you cannot depreciate land, you
can depreciate certain costs incurred in
preparing land for business use. See chapter 1 of Pub. 946.
• Property placed in service and disposed of
in the same year. Determining when property is placed in service is explained later.
• Equipment used to build capital improvements. You must add otherwise allowable
depreciation on the equipment during the
period of construction to the basis of your
improvements.
• Intangible property such as section 197 intangibles. This property does not have a
determinable useful life and generally cannot be depreciated. However, see Amortization, later. Special rules apply to computer software (discussed below).
• Certain term interests (discussed below).
Computer software. Computer software is
generally not a section 197 intangible even if
acquired in connection with the acquisition of a
business, if it meets all of the following tests.
• It is readily available for purchase by the
general public.
• It is subject to a nonexclusive license.
• It has not been substantially modified.
If the software meets the tests above, it can
be depreciated and may qualify for the section
179 expense deduction and the special depreciation allowance (if applicable), discussed
later.
Depreciation, Depletion, and Amortization
Publication 225 (2024)
Certain term interests in property. You cannot depreciate a term interest in property created or acquired after July 27, 1989, for any period during which the remainder interest is held,
directly or indirectly, by a person related to you.
This rule does not apply to the holder of a term
interest in property acquired by gift, bequest, or
inheritance. For more information, see chapter 1
of Pub. 946.
Immature livestock. Depreciation for livestock
begins when the livestock reaches the age of
maturity. If you bought immature livestock for
drafting purposes, depreciation begins when
they can be worked. If you bought immature
livestock for breeding or dairy purposes, depreciation begins when they can be bred. Your basis for depreciation is your initial cost for the immature livestock.
Example. You retain a life interest in a dairy
facility but transfer the remainder interest to
your daughter. Your term interest in the dairy facility is not depreciable even though you may
still be using it in your dairy operation.
Idle Property
When Does Depreciation
Begin and End?
You begin to depreciate your property when you
place it in service for use in your trade or business or for the production of income. You stop
depreciating property either when you have fully
recovered your cost or other basis or when you
retire it from service, whichever happens first.
Placed in Service
Property is placed in service when it is ready
and available for a specific use, whether in a
business activity, an income-producing activity,
a tax-exempt activity, or a personal activity.
Even if you are not using the property, it is in
service when it is ready and available for its
specific use even if you paid for the property in
a prior tax year.
Example. You bought a planter for use in
your farm business that was delivered and assembled in December 2023 after harvest was
over. You begin to depreciate the planter in
2023 because it was ready and available for its
specific use in 2023, even though it will not be
used until the spring of 2024.
If your planter comes unassembled in December 2023 and is put together in February
2024, it is not placed in service until 2024. You
begin to depreciate it in 2024.
Fruit or nut trees and vines. If you acquire an
orchard, grove, or vineyard before the trees or
vines have reached the income-producing
stage, and they have a preproductive period of
more than 2 years, you must capitalize the preproductive-period costs under the uniform capitalization rules (unless you meet the small business taxpayer exception or elect not to use
these rules). See chapter 6 for information
about the uniform capitalization rules. Your depreciation begins when the trees and vines
reach the income-producing stage (that is,
when they bear fruits, nuts, or grapes in quantities sufficient to commercially warrant harvesting). For information on claiming the special depreciation allowance for certain specified plants
bearing fruits and nuts, see Certain specified
plants, later.
Note. Any farming business that has average annual gross receipts of $30 million or less
for the 3 preceding tax years and is not a tax
shelter is not subject to the uniform capitalization rules.
Publication 225 (2024)
Continue to claim a deduction for depreciation
on property used in your business or for the production of income even if it is temporarily idle.
For example, if you stop using a machine because there is a temporary lack of a market for a
product made with that machine, continue to
deduct depreciation on the machine.
Cost or Other Basis Fully
Recovered
You stop depreciating property when you have
fully recovered your cost or other basis. This
happens when your section 179 and allowed or
allowable depreciation deductions equal your
cost or investment in the property.
Retired From Service
You stop depreciating property when you retire
it from service, even if you have not fully recovered its cost or other basis. You retire property
from service when you permanently withdraw it
from use in a trade or business or from use in
the production of income because of any of the
following events.
• You sell or exchange the property.
• You convert the property to personal use.
• You abandon the property.
• You transfer the property to a supplies or
scrap account.
• The property is destroyed.
For information on abandonment of property,
see chapter 8. For information on destroyed
property, see chapter 11, and Pub. 547, Casualties, Disasters, and Thefts.
Can You Use MACRS To
Depreciate Your Property?
You must use the Modified Accelerated Cost
Recovery System (MACRS) to depreciate most
business and investment property placed in
service after 1986. MACRS is explained later
under Figuring Depreciation Under MACRS.
You cannot use MACRS to depreciate the
following property.
• Property you placed in service before
1987. Use the methods discussed in Pub.
534.
• Certain property owned or used in 1986.
See chapter 1 of Pub. 946.
• Intangible property.
• Films, videotapes, and recordings.
• Certain corporate or partnership property
acquired in a nontaxable transfer.
• Property you elected to exclude from
MACRS.
Chapter 7
For more information, see chapter 1 of Pub.
946.
What Is the Basis of Your
Depreciable Property?
To figure your depreciation deduction, you must
determine the basis of your property. To determine basis, you need to know the cost or other
basis of your property.
Cost or other basis. The basis of property
you buy is usually its cost plus amounts you
paid for items such as sales tax, freight
charges, and installation and testing fees. The
cost includes the amount you pay in cash, debt
obligations, other property, or services. For
more information, see chapter 6.
There are times when you cannot use cost
as basis. In these situations, the fair market
value (FMV) or the adjusted basis of the property may be used.
Adjusted basis. To find your property's basis
for depreciation, you may have to make certain
adjustments (increases and decreases) to the
basis of the property for events occurring between the time you acquired the property and
the time you placed it in service.
Basis adjustment for depreciation allowed
or allowable. After you place your property in
service, you must reduce the basis of the property by the depreciation allowed or allowable,
whichever is greater. Depreciation allowed is
depreciation you actually deducted (from which
you received a tax benefit). Depreciation allowable is depreciation you are entitled to deduct.
If you do not claim depreciation you are entitled to deduct, you must still reduce the basis of
the property by the full amount of depreciation
allowable.
If you deduct more depreciation than you
should, you must reduce your basis by any
amount deducted from which you received a tax
benefit (the depreciation allowed).
For more information, see chapter 6.
How Do You Treat Repairs
and Improvements?
If you improve depreciable property, you must
treat the improvement as separate depreciable
property. Improvement means an addition to or
partial replacement of property that is a betterment to the property, restores the property, or
adapts it to a new or different use. See Regulations section 1.263(a)-3.
You generally deduct the cost of repairing
business property in the same way as any other
business expense. However, if the cost is for a
betterment to the property, restores the property, or adapts it to a new or different use, you
must treat it as an improvement and depreciate
it. See chapter 1 of Pub. 946 for more information.
Example. You repair a small section on a
corner of the roof of a barn that you rent to others. You deduct the cost of the repair as a business expense. However, if you replace the entire roof, the new roof is considered to be an
Depreciation, Depletion, and Amortization
39
improvement because it increases the value
and lengthens the life of the property. You depreciate the cost of the new roof.
Improvements to rented property. You can
depreciate permanent improvements you make
to business property you rent from someone
else.
Example. You rent 100 acres from your
landlord on a 5-year term. You install $25,000 of
drainage tile. The recovery period for drainage
tile is 15 years, not the term of the lease. You
may be able to take a section 179 expense deduction, special depreciation allowance, or depreciation expense under MACRS for the drainage tile. See Section 179 Expense Deduction,
Claiming the Special Depreciation Allowance,
Figuring Depreciation Under MACRS, later.
Do You Have To File
Form 4562?
You can elect to recover all or part of the cost of
certain qualifying property, up to a limit, by deducting it in the year you place the property in
service. This is the section 179 expense deduction. You can elect the section 179 expense deduction instead of recovering the cost by taking
depreciation deductions.
This part of the chapter explains the rules for
the section 179 expense deduction. It explains
what property qualifies for the deduction, what
property does not qualify for the deduction, the
limits that may apply, how to elect the deduction, and when you may have to recapture the
deduction.
For more information, see chapter 2 of Pub.
946.
Use Form 4562 to claim your deduction for depreciation and amortization. You must complete
and attach Form 4562 to your tax return if you
are claiming any of the following.
• A section 179 expense deduction for the
current year or a section 179 carryover
from a prior year.
• Depreciation for property placed in service
during the current year.
• Depreciation on any vehicle or other listed
property, regardless of when it was placed
in service.
• Amortization of costs that began in the current year.
For more information, see the Instructions
for Form 4562.
What Property Qualifies?
To qualify for the section 179 expense deduction, your property must meet all the following
requirements.
• It must be eligible property.
• It must be acquired primarily for business
use.
• It must have been acquired by purchase.
Eligible Property
To qualify for the section 179 expense deduction, your property must be one of the following
types of depreciable property.
1. Tangible personal property.
2. Other tangible property (except buildings
and their structural components) used as:
How Do You Correct
Depreciation Deductions?
If you deducted an incorrect amount of depreciation in any year, you may be able to make a
correction by filing an amended return for that
year. You can file an amended return to correct
the amount of depreciation claimed for any
property in any of the following situations.
• You claimed the incorrect amount because
of a mathematical error made in any year.
• You claimed the incorrect amount because
of a posting error made in any year (for example, omitting an asset from the depreciation schedule).
• You have not adopted a method of accounting for the property placed in service
by you in tax years ending after December
29, 2003.
• You claimed the incorrect amount on property placed in service by you in tax years
ending before December 30, 2003.
Note. You have adopted a method of accounting if you used the same incorrect method of
depreciation for two or more consecutively filed
returns.
If you are not allowed to make the correction
on an amended return, you may be able to
change your accounting method to claim the
correct amount of depreciation. See the Instructions for Form 3115.
40
Section 179 Expense
Deduction
a. An integral part of manufacturing, production, or extraction or of furnishing
transportation, communications, electricity, gas, water, or sewage disposal
services;
b. A research facility used in connection
with any of the activities in (a) above;
or
c. A facility used in connection with any
of the activities in (a) for the bulk storage of fungible commodities.
3. Single-purpose agricultural (livestock) or
horticultural structures.
4. Storage facilities (except buildings and
their structural components) used in connection with distributing petroleum or any
primary product of petroleum.
5. Qualified real property. (Special rules apply to qualified real property that you elect
to treat as qualified section 179 real property. For more information, see chapter 2
of Pub. 946, and section 179(f) of the Internal Revenue Code.)
6. Off-the-shelf computer software that is
readily available for purchase by the general public, is subject to a nonexclusive
lease, and has not been substantially
modified.
Chapter 7
Tangible personal property. Tangible personal property is any tangible property that is
not real property. It includes the following property.
• Machinery and equipment.
• Property contained in or attached to a
building (other than structural components), such as milk tanks, automatic feeders, barn cleaners, and office equipment.
• Gasoline storage tanks and pumps at retail
service stations.
• Livestock, including horses, cattle, hogs,
sheep, and goat used for draft, breeding or
dairy purposes.
• Mink and other fur-bearing animals.
Facility used for the bulk storage of fungible commodities. A facility used for the bulk
storage of fungible commodities is qualifying
property for purposes of the section 179 expense deduction if it is used in connection with
any of the activities listed earlier in item 2c under Eligible Property. Bulk storage means the
storage of a commodity in a large mass before it
is used.
Grain bins. A grain bin is an example of a
storage facility that is qualifying section 179
property. It is a facility used in connection with
the production of grain or livestock for the bulk
storage of fungible commodities.
Single-purpose agricultural or horticultural
structures. A single-purpose agricultural (livestock) or horticultural structure is qualifying
property for purposes of the section 179 expense deduction.
Agricultural structure. A single-purpose
agricultural (livestock) structure is any building
or enclosure specifically designed, constructed,
and used for both the following reasons.
• To house, raise, and feed a particular type
of livestock and its produce.
• To house the equipment, including any replacements, needed to house, raise, or
feed the livestock.
For this purpose, livestock includes poultry.
Single-purpose structures are qualifying
property if used, for example, to breed chickens
or hogs, produce milk from dairy cattle, or produce feeder cattle or pigs, broiler chickens, or
eggs. The facility must include, as an integral
part of the structure or enclosure, equipment
necessary to house, raise, and feed the livestock.
Horticultural structure. A single-purpose
horticultural structure is either of the following.
• A greenhouse specifically designed, constructed, and used for the commercial production of plants.
• A structure specifically designed, constructed, and used for the commercial production of mushrooms.
Use of structure. A structure must be used
only for the purpose that qualified it. For example, a hog barn will not be qualifying property if
you use it to house poultry. Similarly, using part
of your greenhouse to sell plants will make the
greenhouse nonqualifying property.
Depreciation, Depletion, and Amortization
Publication 225 (2024)
If a structure includes work space, the work
space can be used only for the following activities.
• Stocking, caring for, or collecting livestock
or plants or their produce.
• Maintaining the enclosure or structure.
• Maintaining or replacing the equipment or
stock enclosed or housed in the structure.
Note. Recent legislation has changed the
treatment of qualified improvement property
placed in service after December 31, 2017, to
15-year property under MACRS. See chapter 3
of Pub. 946 for more information.
Qualified real property. Qualified real
property is any qualified improvement property
described in section 168(e)(6), and any of the
following improvements to nonresidential real
property placed in service after the date such
qualified real property was first placed in service.
• Roofs.
• Heating, ventilation, and air conditioning.
• Fire protection and alarms.
• Security systems.
Property Acquired by Purchase
To qualify for the section 179 expense deduction, your property must have been acquired by
purchase. For example, property acquired by
gift or inheritance does not qualify. Property acquired from a related person (that is, your
spouse, ancestors, or lineal descendants) is not
considered acquired by purchase. New or used
equipment you acquired by purchase during the
current tax year qualifies for the section 179 deduction.
Example. You are a farmer. You purchased
two tractors, one from your sibling and one from
your parent. You placed both tractors in service
in the same year you bought them. The tractor
purchased from your parent does not qualify for
the section 179 expense deduction because
you are a related person (as defined above).
The tractor purchased from your sibling does
qualify for the deduction because you are not a
related person (as defined above).
What Property Does Not
Qualify?
nish lodging or in connection with the furnishing of lodging.
• Property used by a tax-exempt organization (other than a tax-exempt farmers' cooperative) unless the property is used
mainly in a taxable unrelated trade or business.
• Property used by governmental units or
foreign persons or entities (except property
used under a lease with a term of less than
6 months).
How Much Can You Deduct?
Your section 179 expense deduction is generally the cost of the qualifying property. However,
the total amount you can elect to deduct under
section 179 is subject to a dollar limit and a
business income limit. These limits apply to
each taxpayer, not to each business. However,
see Married individuals under Dollar Limits,
later. Also, see the special rules for applying the
limits for partnerships and S corporations under
Partnerships and S Corporations, later.
If you deduct only part of the cost of qualifying property as a section 179 expense deduction, you can generally depreciate the cost you
do not deduct.
Use Part I of Form 4562 to figure your section 179 expense deduction.
Partial business use. When you use property
for business and nonbusiness purposes, you
can elect the section 179 expense deduction
only if you use it more than 50% for business in
the year you place it in service. If you used the
property more than 50% for business, multiply
the cost of the property by the percentage of
business use. Use the resulting business cost
to figure your section 179 expense deduction.
Trade-in of other property and like-kind exchanges. If you acquire qualified property in a
like-kind exchange, only the excess basis of the
acquired property is eligible for the section 179
deduction. For more information, see Pub. 551.
Excepted property. Even if the requirements
explained in the preceding discussions are met,
farmers cannot elect the section 179 expense
deduction for the following property.
• Certain property you lease to others (if you
are a noncorporate lessor).
Dollar Limits
The total amount you can elect to deduct under
section 179 for most property placed in service
in 2024 is $1,220,000. If you acquire and place
in service more than one item of qualifying
property during the year, you can allocate the
section 179 expense deduction among the
items in any way, as long as the total deduction
is not more than $1,220,000. You cannot carry
costs in excess of the $1,220,000 limit over to
future years.
Reduced dollar limit for cost exceeding
$3,050,000. If the cost of your qualifying section 179 property placed in service in 2024 is
over $3,050,000, you must reduce the dollar
limit (but not below zero) by the amount of cost
over $3,050,000. If the cost of your section 179
property placed in service during 2024 is
$4,270,000 or more, you cannot take a section
179 expense deduction and you cannot carry
over any of the cost that is more than
$4,270,000.
Example. This year, George Thomas
placed
in
service
machinery
costing
$3,150,000. Because this cost is $100,000
more than $3,050,000, George must reduce the
dollar limit to $1,120,000 ($1,220,000 −
$100,000). George cannot carry over any of the
costs that exceed the $1,120,000 reduced limit.
The remaining cost of the machinery not allowed as a section 179 expense deduction is eligible for a depreciation expense under
MACRS. See Figuring Depreciation Under
MACRS, later.
Limits for sport utility vehicles. The total
amount you can elect to deduct for certain sport
utility vehicles and certain other vehicles placed
in service in 2024 is $30,500. This rule applies
to any 4-wheeled vehicle primarily designed or
used to carry passengers over public streets,
roads, and highways that is rated at more than
6,000 pounds gross vehicle weight and not
more than 14,000 pounds gross vehicle weight.
For more information, see chapter 2 of Pub.
946.
Like-kind exchanges beginning after
December 31, 2017, are generally limiCAUTION ted to exchanges of real property not
held for sale. Treasury regulations section
1.168(i)-6 does not reflect this change in law.
Limits for passenger automobiles. For a
passenger automobile that is placed in service
in 2024, the total section 179 and depreciation
deduction is limited. See Do the Passenger Automobile Limits Apply, later.
If you buy qualifying property with cash and
a trade-in, its cost for purposes of the section
179 expense deduction includes only the cash
you paid.
Married individuals. If you are married, how
you figure your section 179 expense deduction
depends on whether you file jointly or separately. If you file a joint return, you and your
spouse are treated as one taxpayer in determining any reduction to the dollar limit, regardless
of which of you purchased the property or
placed it in service. If you and your spouse file
separate returns, you are treated as one taxpayer for the dollar limit, including the reduction
for costs over $3,050,000. You must allocate the
dollar limit (after any reduction) equally between
you, unless you both elect a different allocation.
If the percentages elected by each of you do not
total 100%, 50% will be allocated to each of
you.
!
Land and improvements. Land and land improvements do not qualify as section 179 property. Land improvements include swimming
pools, paved parking areas, wharves, docks,
bridges, and nonagricultural fences. However,
certain additions to agricultural land are considered to be an integral part of agricultural production so they may qualify as section 179
property. For example, agricultural fences used
to confine livestock do qualify as section 179
property. Similarly, field drainage tile also qualifies as section 179 property.
Publication 225 (2024)
• Certain property used predominantly to fur-
Example. Adyo Farms traded real property
X having a total adjusted basis of $6,800 for
new real property Z costing $13,200. They received an $8,000 trade-in allowance for the old
real property X, and paid $5,200 in cash for the
new real property Z.
For purposes of the section 179 expense
deduction, only the cash paid by Adyo qualifies
for the section 179 expense deduction. Adyo's
business costs that qualify for a section 179 expense deduction are $5,200. For information on
the maximum amount you can elect to deduct,
see Dollar Limits next.
Chapter 7
Depreciation, Depletion, and Amortization
41
Joint return after separate returns. If you
and your spouse elect to amend your separate
returns by filing a joint return after the due date
for filing your return, the dollar limit on the joint
return is the lesser of the following amounts.
• The dollar limit (after reduction for any cost
of section 179 property over $3,050,000).
• The total cost of section 179 property you
and your spouse elected to expense on
your separate returns.
Step
Business Income Limit
The total cost you can deduct each year after
you apply the dollar limit is limited to the taxable
income from the active conduct of any trade or
business during the year. Generally, you are
considered to actively conduct a trade or business if you meaningfully participate in the management or operations of the trade or business.
Any cost not deductible in one year under
section 179 because of this limit can be carried
to the next year. See Carryover of disallowed
deduction, later.
Taxable income. In general, figure taxable income for this purpose by totaling the net income
and losses from all trades and businesses you
actively conducted during the year. In addition
to net income or loss from a sole proprietorship,
partnership, or S corporation, net income or
loss derived from a trade or business also includes the following items.
• Section 1231 gains (or losses) as discussed in chapter 9.
• Interest from working capital of your trade
or business.
• Wages, salaries, tips, or other pay earned
by you (or your spouse if you file a joint return) as an employee of any employer.
In addition, figure taxable income without regard to any of the following.
• The section 179 expense deduction.
• The self-employment tax deduction.
• Any net operating loss carryback or carryforward.
• Any unreimbursed employee business expenses.
Also, see chapter 2 of Pub. 946.
Two different taxable income limits. In addition to the business income limit for your section
179 expense deduction, you may have a taxable income limit for some other deduction (for
example, charitable contributions). You may
have to figure the limit for this other deduction
taking into account the section 179 expense deduction. If so, complete the following steps.
Action
1
Figure taxable income without the
section 179 expense deduction or the
other deduction.
2
Figure a hypothetical section 179
expense deduction using the taxable
income figured in Step 1.
3
Subtract the hypothetical section 179
expense deduction figured in Step 2
from the taxable income figured in Step
1.
4
Figure a hypothetical amount for the
other deduction using the amount
figured in Step 3 as taxable income.
5
Subtract the hypothetical other
deduction figured in Step 4 from the
taxable income figured in
Step 1.
6
Figure your actual section 179 expense
deduction using the taxable income
figured in Step 5.
7
Subtract your actual section 179
expense deduction figured in Step 6
from the taxable income figured in Step
1.
8
Figure your actual other deduction using
the taxable income figured in Step 7.
Example. On February 1, 2024, the XYZ
farm corporation purchased and placed in service qualifying section 179 property that cost
$500,000. It elects to expense the entire
$500,000 cost under section 179. In June, the
corporation gave a charitable contribution of
$100,000. A corporation's limit on charitable
contributions is figured after subtracting any
section 179 expense deduction. The business
income limit for the section 179 expense deduction is figured after subtracting any allowable
charitable contributions. XYZ's taxable income
figured without the section 179 expense deduction or the deduction for charitable contributions
is $700,000. XYZ figures its section 179 expense deduction and its deduction for charitable contributions as follows.
Step 1. Taxable income figured without either deduction is $700,000.
Step 2. Using $700,000 as taxable income, XYZ's hypothetical section 179 expense deduction is $500,000.
Step 3. $200,000 ($700,000 − $500,000).
Step 4. Using $200,000 (from Step 3) as
taxable income, XYZ's hypothetical charitable contribution (limited to 10% of taxable
income) is $20,000.
Step 5. $680,000 ($700,000 − $20,000).
Step 6. Using $680,000 (from Step 5) as
taxable income, XYZ figures the actual section 179 expense deduction. Because the
taxable income is at least $500,000, XYZ
can take a $500,000 section 179 expense
deduction.
Step 7. $200,000 ($700,000 − $500,000).
Step 8. Using $200,000 (from Step 7) as
taxable income, XYZ's actual charitable
contribution (limited to 10% of taxable income) is $20,000.
Carryover of disallowed deduction. You can
carry over for an unlimited number of years the
cost of any section 179 property you elected to
expense but were unable to deduct because of
the business income limit.
The amount you carry over is used in determining your section 179 expense deduction in
42
Chapter 7
the next year. However, it is subject to the limits
in that year. If you place more than one property
in service in a year, you can select the properties for which all or a part of the cost will be carried forward. Your selections must be shown in
your books and records.
Example. Last year, you placed in service a
machine that cost $100,000 and elected to deduct all $100,000 under section 179. The taxable income from your business (determined
without regard to both a section 179 expense
deduction for the cost of the machine and the
self-employment tax deduction) was $80,000.
Your section 179 expense deduction was limited to $80,000. The $20,000 cost that was not
allowed as a section 179 expense deduction
(because of the business income limit) is carried to this year.
This year, you placed another machine in
service that cost $110,000. Your taxable income
from business (determined without regard to
both a section 179 expense deduction for the
cost of the machine and the self-employment
tax deduction) is $125,000. You can deduct the
full cost of the machine ($110,000) but only
$15,000 of the carryover from last year because
of the business income limit. You can carry over
the balance of $5,000 to next year.
Partnerships and S Corporations
The section 179 expense deduction limits apply
both to the partnership or S corporation and to
each partner or shareholder. The partnership or
S corporation determines its section 179 expense deduction subject to the limits. It then allocates the deduction among its partners or
shareholders.
If you are a partner in a partnership or shareholder of an S corporation, you add the amount
allocated from the partnership or S corporation
to any section 179 costs not related to the partnership or S corporation and then apply the dollar limit to this total. To determine any reduction
in the dollar limit for costs over $3,050,000, you
do not include any of the cost of section 179
property placed in service by the partnership or
S corporation. After you apply the dollar limit,
you apply the business income limit to any remaining section 179 costs. For more information, see chapter 2 of Pub. 946.
Example. In 2024, Partnership P placed in
service section 179 property with a total cost of
$3,150,000. P must reduce its dollar limit by
$100,000 ($3,150,000 − $3,050,000). Its maximum section 179 expense deduction is
$1,120,000 ($1,220,000 − $100,000), and it
elects to expense that amount. Because P's
taxable income from the active conduct of all its
trades or businesses for the year was
$2,000,000, it can deduct the full $1,120,000. P
allocates $265,000 of its section 179 expense
deduction and $500,000 of its taxable income
to John, one of its partners.
John also conducts a business as a sole
proprietor and, in 2024, placed in service in that
business, section 179 property costing
$800,000. John's taxable income from that
business was $200,000. In addition to the
$265,000 allocated from P, John elects to expense $550,000 of the sole proprietorship's
Depreciation, Depletion, and Amortization
Publication 225 (2024)
section 179 costs. However, John's deduction is
limited to the business taxable income of
$700,000 ($500,000 from P plus $200,000 from
the sole proprietorship). John carries over
$115,000 ($815,000 − $700,000) of the elected
section 179 costs to 2025.
How Do You Elect the
Deduction?
You elect to take the section 179 expense deduction by completing Part I of Form 4562.
!
CAUTION
If you elect the deduction for listed
property, complete Part V of Form 4562
before completing Part I.
File Form 4562 with either of the following.
• Your original tax return (whether or not you
filed it timely).
• An amended return filed within the time
prescribed by law. An election made on an
amended return must specify the item of
section 179 property to which the election
applies and the part of the cost of each
such item to be taken into account. The
amended return must also include any resulting adjustments to taxable income.
2. Subtract the depreciation figured in (1)
from the section 179 expense deduction
you actually claimed. The result is the
amount you must recapture.
Example. In January 2022, you are a calendar year taxpayer. You bought and placed in
service section 179 property costing $10,000.
The property is 3-year property and is depreciated under MACRS and a half-year convention.
The property is not listed property. You elected
a $5,000 section 179 expense deduction for the
property and also elected not to claim a special
depreciation allowance. You used the property
only for business in 2022 and 2023. During
2024, you used the property 40% for business
and 60% for personal use. You figure the recapture amount as follows.
Section 179 expense deduction claimed
(2022) . . . . . . . . . . . . . . . . . . . . . . .
Revoking an election. An election (or any
specification made in the election) to take a
section 179 expense deduction for 2024 can be
revoked without IRS approval by filing an amended return. The amended return must be filed
within the time prescribed by law. The amended
return must also include any resulting adjustments to taxable income (for example, allowable depreciation in that tax year for the item of
section 179 property for which the election pertains). Once made, the revocation is irrevocable.
When Must You Recapture
the Deduction?
You may have to recapture the section 179 expense deduction if, in any year during the property's recovery period, the percentage of business use drops to 50% or less. In the year the
business use drops to 50% or less, you include
the recapture amount as ordinary income. You
also increase the basis of the property by the
recapture amount. Recovery periods for property are discussed later.
If you sell, exchange, or otherwise dispose of the property, do not figure the
CAUTION recapture amount under the rules explained in this discussion. Instead, use the rules
for recapturing depreciation explained under
Section 1245 Property in chapter 9.
!
If the property is listed property, do not
figure the recapture amount under the
CAUTION rules explained in this discussion when
the percentage of business use drops to 50% or
less. Instead, use the rules for recapturing depreciation explained under Recapture of Excess
Depreciation in chapter 5 of Pub. 946.
!
Figuring the recapture amount. To figure the
amount to recapture, take the following steps.
Publication 225 (2024)
1. Figure the allowable depreciation for the
section 179 expense deduction you
claimed. Begin with the year you placed
the property in service and include the
year of recapture.
. . . . .
$5,000
Minus: Allowable depreciation
(instead of section 179 expense deduction):
2022 . . . . . . . . . . . . . . . . . . . . . . $1,250
2023 . . . . . . . . . . . . . . . . . . . . . .
1,875
2024 ($1,250 × 40% (business)) . . .
500
3,625
2024 — Recapture amount .
. . . . . . . .
qualified property acquired after September 27,
2017, and placed in service after December 31,
2023, and before January 1, 2025 (other than
certain property with a long production period
and certain aircraft). For certain qualified property acquired after September 27, 2017, and
placed in service after December 31, 2024, and
before January 1, 2026 (other than certain property with a long production period and certain
aircraft), you can elect to take a 40% special depreciation allowance.
You can elect to take an 80% special depreciation allowance for certain property with a
long production period and certain aircraft acquired and placed in service after September
27, 2017, and before January 1, 2025. For certain property with a long production period and
certain aircraft acquired after September 27,
2017, and placed in service after December 31,
2024, and before January 1, 2026, you can
elect to take an 60% special depreciation allowance.
Your property is qualified property if it meets
the following requirements.
1. It is one of the following types of property.
a. Tangible property depreciated under
MACRS with a recovery period of 20
years or less.
b. Water utility property depreciated under MACRS.
$1,375
c. Computer software defined in and depreciated under section 167(f)(1) of
the Internal Revenue Code.
You must include $1,375 in income for 2024.
Where to report recapture. Report any recapture of the section 179 expense deduction
as ordinary income in Part IV of Form 4797 and
include it in income on Schedule F (Form 1040).
Recapture for qualified section 179 GO
Zone property. If any qualified section 179 GO
Zone property ceases to be used in the GO
Zone in a later year, you must recapture the
benefit of the increased section 179 expense
deduction as “other income.”
Claiming the Special
Depreciation Allowance
For qualified property (defined below) placed in
service in 2024, you can take a special depreciation allowance depending on the date you acquired the qualified property. The allowance is
an additional deduction you can take after the
elected section 179 deduction and before you
figure regular depreciation under MACRS. Figure the special depreciation allowance by multiplying the depreciable basis of the qualified
property by the applicable percentage.
What Is Qualified Property?
For farmers, qualified property is certain property acquired after September 27, 2017, and
certain specified plants.
Certain qualified property acquired after
September 27, 2017. You can elect to take a
60% special depreciation allowance for certain
Chapter 7
2. Qualified property can be either new property or certain used property.
3. It is not excepted property (defined next).
For more information, see chapter 3 of Pub.
946.
Excepted property. Qualified property acquired after September 27, 2017, does not include any of the following.
• Property placed in service, or planted or
grafted and disposed of in the same tax
year.
• Property converted from business use to
personal use in the same tax year acquired. Property converted from personal
use to business use in the same or later
tax year may be qualified property.
• Property required to be depreciated under
the Alternative Depreciation System
(ADS). This includes listed property used
50% or less in a qualified business use.
For other property required to be depreciated using ADS, see Required use of ADS
under Which Depreciation System (GDS or
ADS) Applies later.
• Property for which you elected not to claim
any special depreciation allowance (discussed later).
• Property described in section 168(k)(9)(A)
of the Internal Revenue Code and placed
in service in any tax year beginning after
December 31, 2017.
• Property described in section 168(k)(9)(B)
of the Internal Revenue Code and placed
in service in any tax year beginning after
December 31, 2017.
Depreciation, Depletion, and Amortization
43
Certain specified plants. You can elect to
claim a 60% special depreciation allowance for
the adjusted basis of certain specified plants
(defined later) bearing fruits and nuts planted or
grafted after December 31, 2023, and before
January 1, 2025. For certain specified plants
bearing fruits and nuts planted or grafted after
December 31, 2024, and before January 1,
2026, you can elect to claim a 40% special allowance.
A specified plant is:
• Any tree or vine that bears fruits or nuts,
and
• Any other plant that will have more than
one yield of fruits or nuts and generally has
a pre-productive period of more than 2
years from planting and grafting to the time
it begins bearing fruits or nuts.
Any property planted or grafted outside the
United States does not qualify as a specified
plant.
If you elect to claim the special depreciation
allowance for any specified plant, the plant will
not be treated as qualified property eligible for
the special depreciation allowance in the subsequent tax year in which it is placed in service.
To make the election, attach a statement to
your timely filed return (including extensions) for
the tax year in which you plant or graft the
specified plant(s) indicating you are electing to
apply section 168(k)(5) and identifying the
specified plant(s) for which you are making the
election. Once made, the election cannot be revoked without IRS consent.
See section 168(k)(5) of the Internal Revenue Code.
(included in income) as ordinary income up to
the amount of the special depreciation allowance previously allowed or allowable. For more
information, see chapter 3 of Pub. 946.
Figuring Depreciation
Under MACRS
MACRS is used to recover the basis of most
business and investment property placed in
service after 1986. MACRS consists of two depreciation systems, the General Depreciation
System (GDS) and the Alternative Depreciation
System (ADS). Generally, these systems provide different methods and recovery periods to
use in figuring depreciation deductions.
To be sure you can use MACRS to figure depreciation for your property, see
CAUTION Can You Use MACRS To Depreciate
Your Property, earlier.
!
This part explains how to determine which
MACRS depreciation system applies to your
property. It also discusses the following information that you need to know before you can figure
depreciation under MACRS.
• Property's recovery class.
• Placed-in-service date.
• Basis for depreciation.
• Recovery period.
• Convention.
• Depreciation method.
!
CAUTION
ance.
If you are required to use ADS to depreciate your property, you cannot
claim the special depreciation allow-
Electing ADS. Although your property may
qualify for GDS, you can elect to use ADS. The
election must generally cover all property in the
same property class you placed in service during the year. However, the election for residential rental property and nonresidential real property can be made on a property-by-property
basis. Once you make this election, you can
never revoke it.
You make the election by completing line 20
in Part III of Form 4562.
Which Property Class
Applies Under GDS?
The following is a list of the nine property
classes under GDS.
1. 3-year property.
2. 5-year property.
3. 7-year property.
4. 10-year property.
5. 15-year property.
6. 20-year property.
7. 25-year property.
8. Residential rental property.
Finally, this part explains how to use this information to figure your depreciation deduction.
9. Nonresidential real property.
How Can You Elect Not To
Claim the Allowance?
Which Depreciation System
(GDS or ADS) Applies?
See Which Property Class Applies Under GDS?
in chapter 4 of Pub. 946 for examples of the
types of property included in each class.
You can elect, for any class of property, not to
deduct the special depreciation allowance for all
property in such class placed in service during
the tax year. To make the election, attach a
statement to your return indicating the class of
property for which you are making the election.
Your use of either GDS or ADS to depreciate
property under MACRS determines what depreciation method and recovery period you use.
You must generally use GDS unless you are
specifically required by law to use ADS or you
elect to use ADS.
What Is the
Placed-in-Service Date?
Generally, you must make the election on a
timely filed tax return (including extensions) for
the year in which you place the property in service. However, if you timely filed your return for
the year without making the election, you can
still make the election by filing an amended return within 6 months of the due date of the original return (not including extensions). Attach the
election statement to the amended return. On
the amended return, write “Filed pursuant to
section 301.9100-2.”
Once made, the election may not be revoked without IRS consent.
If you elect not to have the special depreciation allowance apply, the propCAUTION erty may be subject to an alternative
minimum tax adjustment for depreciation.
!
When Must You Recapture
an Allowance?
When you dispose of property for which you
claimed a special depreciation allowance, any
gain on the disposition is generally recaptured
44
Required use of ADS. You must use ADS for
the following property.
• All property used predominantly in a farming business and placed in service in any
tax year during which an election not to apply the uniform capitalization rules to certain farming costs is in effect.
• Listed property used 50% or less in a
qualified business use. See Additional
Rules for Listed Property, later.
• Any tax-exempt use property.
• Any tax-exempt bond-financed property.
• Any property imported from a foreign country for which an Executive order is in effect
because the country maintains trade restrictions or engages in other discriminatory acts.
• Any tangible property used predominantly
outside the United States during the year.
Note. You must use ADS if you are required
to file Form 8990 and you elect to expense
farming interest expense.
Chapter 7
You begin to claim depreciation when your
property is placed in service for use either in a
trade or business or for the production of income. The placed-in-service date for your property is the date the property is ready and available for a specific use. It is therefore not
necessarily the date it is first used. If you converted property held for personal use to use in a
trade or business or for the production of income, treat the property as being placed in
service on the conversion date. See Placed in
Service under When Does Depreciation Begin
and End, earlier, for examples illustrating when
property is placed in service.
Also, see Certain specified plants, earlier,
for information on the placed-in-service date for
specified plants bearing fruits and nuts for
which you elect to claim the special depreciation allowance.
What Is the Basis for
Depreciation?
The basis for depreciation of MACRS property
is the property's cost or other basis multiplied
by the percentage of business/investment use.
Reduce that amount by any credits and
Depreciation, Depletion, and Amortization
Publication 225 (2024)
Table 7-1. Farm Property Recovery Periods
Recovery Period in Years
Agricultural structures (single purpose)
Automobiles . . . . . . . . . . . . . . . . . .
ADS
.
GDS
.
Assets
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
5
15
5
Calculators and copiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cattle (dairy or breeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Communication equipment1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Computer and peripheral equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
5
7
5
6
7
10
5
Drainage facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Farm buildings2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New farm machinery and equipment3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Used farm machinery and equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fences (agricultural) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
20
5
7
7
20
25
10
10
10
5
7
5
10
3
3
7
3
3
10
10
10
12
15
Goats and sheep (breeding)
Grain bin . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hogs (breeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Horses (age when placed in service)
Breeding and working (12 years or less) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Breeding and working (more than 12 years) . . . . . . . . . . . . . . . . . . . . . . . . . .
Racing horses (more than 2 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Horticultural structures (single purpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Logging machinery and equipment4
Nonresidential real property
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Office furniture, fixtures, and equipment (not calculators, copiers, or typewriters)
Paved lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residential rental property
. . .
. . .
5
6
395
40
7
15
10
20
27.5
40
Tractor units (over-the-road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trees or vines bearing fruits or nuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Truck (heavy duty, unloaded weight 13,000 lbs. or more) . . . . . . . . . . . . . . . . . . .
Truck (actual weight less than 13,000 lbs.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
10
5
5
4
20
6
5
Water wells
15
20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not including communication equipment listed in other classes.
Not including single-purpose agricultural or horticultural structures.
3
Not including grain bin, cotton ginning, asset fence, or other land improvement and the original use
starts with you and placed in service after December 31, 2017.
4
Used by logging and sawmill operators for cutting of timber.
5
For property placed in service after May 12, 1993; for property placed in service before May 13, 1993,
the recovery period is 31.5 years.
1
2
deductions allocable to the property. The following are examples of some of the credits and deductions that reduce basis.
• Any deduction for section 179 property.
• Any deduction for removal of barriers to the
disabled and the elderly.
• Any disabled access credit, enhanced oil
recovery credit, and credit for employer-provided childcare facilities and
services.
• Any special depreciation allowance.
• Basis adjustment for investment credit
property under section 50(c) of the Internal
Revenue Code.
For information about how to determine the cost
or other basis of property, see What Is the Basis
of Your Depreciable Property, earlier. Also, see
chapter 6.
For additional credits and deductions that
affect basis, see section 1016 of the Internal
Revenue Code.
Which Recovery Period
Applies?
The recovery period of property is the number
of years over which you recover its cost or other
basis. It is determined based on the
Publication 225 (2024)
The types of water wells that can be depreciated were discussed earlier in
Irrigation systems and water wells under Property Having a Determinable Useful Life.
Which Convention Applies?
Under MACRS, averaging conventions establish when the recovery period begins and ends.
The convention you use determines the number
of months for which you can claim depreciation
in the year you place property in service and in
the year you dispose of the property. Use one of
the following conventions.
• The half-year convention.
• The mid-month convention.
• The mid-quarter convention.
For a detailed explanation of each convention, see Which Convention Applies? in chapter 4 of Pub. 946. Also, see the Instructions for
Form 4562.
Which Depreciation Method
Applies?
MACRS provides three depreciation methods
under GDS and one depreciation method under
ADS.
• The 200% declining balance method over
a GDS recovery period.
• The 150% declining balance method over
a GDS recovery period.
• The straight line method over a GDS recovery period.
• The straight line method over an ADS recovery period.
Depreciation Table. The following table lists
the types of property you can depreciate under
each method. The declining balance method is
abbreviated as DB and the straight line method
is abbreviated as SL.
depreciation system (GDS or ADS) used. See
Table 7-1 for recovery periods under both GDS
and ADS for some commonly used assets. For
a complete list of recovery periods, see the Table of Class Lives and Recovery Periods in Appendix B of Pub. 946.
House trailers for farm laborers. To depreciate a house trailer you supply as housing
for those who work on your farm, use one of the
following recovery periods if the house trailer is
mobile (it has wheels and a history of movement).
• A 7-year recovery period under GDS.
• A 10-year recovery period under ADS.
However, if the house trailer is not mobile (its
wheels have been removed and permanent utilities and pipes attached to it), use one of the following recovery periods.
• A 20-year recovery period under GDS.
• A 25-year recovery period under ADS.
Water wells. Water wells used to provide
water for raising poultry and livestock are land
improvements. If they are depreciable, use one
of the following recovery periods.
• A 15-year recovery period under GDS.
• A 20-year recovery period under ADS.
Chapter 7
Depreciation, Depletion, and Amortization
45
Depreciation Table
System/Method
expense deduction under section 163(j) of the
Internal Revenue Code. However, farming businesses may elect to not be subject to the section 163(j) limitations. If you elect not to limit interest expense, you must use ADS to
depreciate any property with a recovery period
of 10 years or more. Also, you are not entitled to
claim the special depreciation allowance for that
property. See chapter 4 for a discussion of interest rules.
If you elect not to apply the uniform capitalization rules to any plant shown in Table 6-1 of
chapter 6 and produced in your farming business, you must use ADS for all property you
place in service in any year the election is in effect. See chapter 6 for a discussion of the application of the uniform capitalization rules to farm
property.
Type of Property
GDS using
150% DB
• All 15- and 20-year property
GDS using SL
• Nonresidential real property
• Farm or Nonfarm 3-, 5-, 7-, and
10-year property1
• Residential rental property
• Trees or vines bearing fruits or
nuts
• All 3-, 5-, 7-, 10-, 15-, and
20-year property1
ADS using SL
• Property used predominantly outside the United
States
• Farm property used when an
election not to apply the
uniform capitalization rules is in
effect
• Tax-exempt property
• Tax-exempt bond-financed
property
• Imported property2
• Any property for which you
elect to use this method1
GDS using
200% DB
Electing a different method. As shown in the
Depreciation Table, you can elect a different
method for depreciation for certain types of
property. You must make the election by the due
date of the return (including extensions) for the
year you placed the property in service. However, if you timely filed your return for the year
without making the election, you can still make
the election by filing an amended return within 6
months of the due date of your return (excluding
extensions). Attach the election to the amended
return and write “Filed pursuant to section
301.9100-2” on the election statement. File the
amended return at the same address you filed
the original return. Once you make the election,
you cannot change it.
• Nonfarm 3-, 5-, 7-, and
10-year property
• Farm 3-, 5-, 7-, and 10-year
property placed in service after
2017
Elective method.
See section 168(g)(6) of the Internal Revenue
Code.
1
2
Property used in farming business. For 3-,
5-, 7-, or 10-year property used in a farming
business and placed in service after 2017, the
150% declining balance method is no longer required, but may be elected. However, for 15- or
20-year property placed in service in a farming
business, you must use the 150% declining balance method over a GDS recovery period or
you can elect one of the following methods.
• The straight line method over a GDS recovery period.
• The straight line method over an ADS recovery period.
Real property. You depreciate real property,
such as residential rental property or nonresidential real property, using the straight line
method under either GDS or ADS.
Switching to straight line. If you use a declining balance method, you switch to the straight
line method in the year it provides an equal or
greater deduction. If you use the MACRS percentage tables, discussed later under How Is
the Depreciation Deduction Figured, you do not
need to determine in which year your deduction
is greater using the straight line method. The tables have the switch to the straight line method
built into their rates.
Fruit or nut trees and vines. Depreciate trees
and vines bearing fruits or nuts under GDS using the straight line method over a 10-year recovery period, or under ADS using the straight
line method over a 20-year period.
If you elect to use a different method for
one item in a property class, you must
CAUTION apply the same method to all property
in that class placed in service during the year of
the election. However, you can make the election on a property-by-property basis for residential rental and nonresidential real property.
!
Straight line election. Instead of using the
declining balance method, you can elect to use
the straight line method over the GDS recovery
period. Make the election by entering “S/L” under column (f) in Part III of Form 4562.
ADS election. As explained earlier under
Which Depreciation System (GDS or ADS) Applies, you can elect to use ADS even though
your property may come under GDS. ADS uses
the straight line method of depreciation over the
ADS recovery periods, which are generally longer than the GDS recovery periods. The ADS
recovery periods for many assets used in the
business of farming are listed in Table 7-1. Additional ADS recovery periods for other classes of
property may be found in the Table of Class
Lives and Recovery Periods in Appendix B of
Pub. 946.
How Is the Depreciation
Deduction Figured?
To figure your depreciation deduction under
MACRS, you first determine the depreciation
system, property class, placed-in-service date,
basis amount, recovery period, convention, and
ADS required for some farmers. If you are
not considered a small business taxpayer, you
may be required to limit your business interest
46
Chapter 7
depreciation method that applies to your property. Then you are ready to figure your depreciation deduction. You can figure it in one of two
ways.
• You can use the percentage tables provided by the IRS.
• You can figure your own deduction without
using the tables.
!
CAUTION
Figuring your own MACRS deduction
will generally result in a slightly different
amount than using the tables.
See Using the MACRS Percentage Tables
and Figuring the Deduction Without Using the
Tables under How is the Depreciation Deduction Figured in chapter 4 of Pub. 946, for details
on how to figure your depreciation deduction
under MACRS.
Figuring the Deduction for
Property Acquired in a Nontaxable
Exchange
If your property has a carryover basis because
you acquired it in an exchange or involuntary
conversion of other property or in a nontaxable
transfer, you generally figure depreciation for
the property as if the exchange, conversion, or
transfer had not occurred.
Property acquired in a like-kind exchange
or involuntary conversion. You must generally depreciate the carryover basis of MACRS
property acquired in a like-kind exchange or involuntary conversion over the remaining recovery period of the property exchanged or involuntarily converted. You also generally continue to
use the same depreciation method and convention used for the exchanged or involuntarily converted property. This applies only to acquired
property with the same or a shorter recovery
period and the same or more accelerated depreciation method than the property exchanged
or involuntarily converted. The excess basis, if
any, of the acquired MACRS property is treated
as newly placed-in-service MACRS property.
Election out. You can elect not to use the
above rules. The election, if made, applies to
both the acquired property and the exchanged
or involuntarily converted property. If you make
the election, figure depreciation by treating the
carryover basis and excess basis, if any, for the
acquired property as if placed in service the
later of the date you acquired it, or the time of
the disposition of the exchanged or involuntarily
converted property. For depreciation purposes,
the adjusted basis of the exchanged or involuntarily converted property is treated as if it were
disposed of at the time of the exchange or conversion.
When to make the election. You must
make the election on a timely filed return (including extensions) for the year of replacement.
Once made, the election may not be revoked
without IRS consent.
For more information and special rules, see
chapter 4 of Pub. 946.
Property acquired in a nontaxable transfer.
You must depreciate MACRS property acquired
by a corporation or partnership in certain nontaxable transfers over the property's remaining
Depreciation, Depletion, and Amortization
Publication 225 (2024)
recovery period in the transferor's hands, as if
the transfer had not occurred. You must continue to use the same depreciation method and
convention as the transferor. You can depreciate the part of the property's basis in excess of
its carried-over basis (the transferor's adjusted
basis in the property) as newly purchased
MACRS property. For information on the kinds
of nontaxable transfers covered by this rule, see
chapter 4 of Pub. 946.
How Do You Use General
Asset Accounts?
To make it easier to figure MACRS depreciation,
you can group separate assets into one or more
general asset accounts (GAAs). You can then
depreciate all the assets in each account as a
single asset. Each account must include only
assets of the same recovery period, depreciation method, and convention. You cannot include an asset if you use it in both a personal
activity and a trade or business (or for the production of income) in the year in which you first
placed it in service.
After you have set up a GAA, you generally
figure the depreciation for it by using the applicable depreciation method, recovery period,
and convention for the assets in the GAA. For
each GAA, record the depreciation allowance in
a separate depreciation reserve account.
There are additional rules for grouping assets in a GAA, figuring depreciation for a GAA,
disposing of GAA assets, and terminating GAA
treatment. Special rules apply in determining
the basis and figuring the depreciation deduction for MACRS property in a GAA acquired in a
like-kind exchange or involuntary conversion.
For more details, see Regulations section
1.168(i)-1 (as in effect for tax years beginning
after December 31, 2013). Also, see chapter 4
of Pub. 946.
When Do You Recapture
MACRS Depreciation?
When you dispose of property you depreciated
using MACRS, any gain on the disposition is
generally recaptured (included in income) as ordinary income up to the amount of the depreciation previously allowed or allowable for the
property. For more information on depreciation
recapture, see chapter 9. Also, see chapter 4 of
Pub. 946.
Additional Rules for
Listed Property
Listed property includes cars and other property
used for transportation, property used for entertainment, and certain computers.
Deductions for listed property (other than
certain leased property) are subject to the following special rules and limits.
• Deduction for employees.
• Business-use requirement.
• Passenger automobile limits and rules.
Publication 225 (2024)
What Is Listed Property?
Listed property is any of the following.
• Passenger automobiles weighing 6,000
pounds or less.
• Any other property used for transportation,
unless it is an excepted vehicle.
• Property generally used for entertainment,
recreation, or amusement.
• Certain aircraft.
Passenger automobiles. A passenger automobile is any 4-wheeled vehicle made primarily
for use on public streets, roads, and highways
and rated at 6,000 pounds or less of unloaded
gross vehicle weight (6,000 pounds or less of
gross vehicle weight for trucks and vans). It includes any part, component, or other item physically attached to the automobile or usually included in the purchase price of an automobile.
Electric passenger automobiles are vehicles
produced by an original equipment manufacturer and designed to run primarily on electricity.
Note. A truck or van that is a qualified nonpersonal use vehicle is not considered a passenger automobile. See Qualified nonpersonal use
vehicles under Passenger Automobiles in chapter 5 of Pub. 946 for the definition of qualified
nonpersonal use vehicles.
For most vehicles, the gross vehicle
TIP weight rating can generally be found on
the driver door post of the vehicle.
Other property used for transportation.
This includes trucks, buses, boats, airplanes,
motorcycles, and other vehicles used for transporting persons or goods.
Excepted vehicles. Other property used
for transportation does not include the following
vehicles.
• Tractors and other special-purpose farm
vehicles.
• Bucket trucks (cherry pickers), dump
trucks, flatbed trucks, and refrigerated
trucks.
• Combines, cranes and derricks, and forklifts.
• Any vehicle designed to carry cargo with a
loaded gross vehicle weight of over 14,000
pounds.
For more information, see chapter 5 of Pub.
946.
What Is the Business-Use
Requirement?
You can claim the section 179 expense deduction for listed property and depreciate listed
property using GDS and a declining balance
method, if the property meets the business-use
requirement. To meet this requirement, listed
property must be used predominantly (more
than 50% of its total use) for qualified business
use. To determine whether the business-use requirement is met, you must allocate the use of
any item of listed property used for more than
one purpose during the year among its various
uses.
Chapter 7
Do the Passenger
Automobile Limits Apply?
The depreciation deduction (including the section 179 expense deduction) you can claim for a
passenger automobile each year is limited. The
passenger automobile limits are the maximum
depreciation amounts you can deduct for a passenger automobile. They are based on the date
you placed the vehicle in service. See chapter 5
of Pub. 946 for tables that show the maximum
depreciation deduction for passenger automobiles. Also, see the Instructions for Form 4562.
For information about deducting expenses
for the business use of your passenger automobile, see chapter 4 of Pub. 463.
Deductions for passenger automobiles acquired in a trade-in. Special rules apply in figuring the depreciation for a passenger automobile received in a like-kind exchange or
involuntary conversion. See chapter 5 of Pub.
946 and Regulations section 1.168(i)-6(d)(3).
Depletion
Depletion is the using up of natural resources
by mining, quarrying, drilling, or cutting. The depletion deduction allows an owner or operator to
account for the reduction of a product's reserves.
Who Can Claim Depletion?
If you have an economic interest in mineral
property or standing timber (defined below), you
can take a deduction for depletion. More than
one person can have an economic interest in
the same mineral deposit or timber.
You have an economic interest if both the
following apply.
• You have acquired by investment any interest in mineral deposits or standing timber.
• You have a legal right to income from the
extraction of the mineral or the cutting of
the timber, to which you must look for a return of your capital investment.
A contractual relationship that allows you an
economic or monetary advantage from products of the mineral deposit or standing timber is
not, in itself, an economic interest. A production
payment carved out of, or retained on the sale
of, mineral property is not an economic interest.
Mineral property is each separate interest
you own in each mineral deposit in each separate tract or parcel of land. You can treat two or
more separate interests as one property or as
separate properties. See section 614 of the Internal Revenue Code and the related regulations for rules on how to treat separate mineral
interests.
Timber property is your economic interest in
standing timber in each tract or block representing a separate timber account.
Depreciation, Depletion, and Amortization
47
Figuring Depletion
IF you use...
THEN the units sold
during the year are...
There are two ways of figuring depletion.
• Cost depletion.
• Percentage depletion.
the cash method of
accounting
the units sold for which you
receive payment during the
tax year (regardless of the
year of sale).
an accrual method of
accounting
the units sold based on
your inventories.
For mineral property, you must generally use the
method that gives you the larger deduction. For
standing timber, you must use cost depletion.
Cost Depletion
To figure cost depletion, you must first determine the following.
• The property's basis for depletion.
• The total recoverable units of mineral in the
property's natural deposit.
• The number of units of mineral sold during
the tax year.
You must estimate or determine recoverable
units (tons, barrels, board feet, thousands of cubic feet, or other measure) using the current industry method and the most accurate and reliable information you can obtain.
Basis for depletion. To figure the property's
basis for depletion, subtract all of the following
from the property's adjusted basis.
1. Amounts recoverable through:
Figuring the cost depletion deduction.
Once you have figured your property's basis for
depletion, the total recoverable units, and the
number of units sold during the tax year, you
can figure your cost depletion deduction by taking the following steps.
Step
Action
1
Divide your property's basis
for depletion by total
recoverable units.
Rate per unit.
2
Multiply the rate per unit by
units sold during the tax
year.
Cost depletion
deduction.
Result
Cost depletion for ground water in Ogallala Formation. Farmers who extract ground
water from the Ogallala Formation for irrigation
are allowed cost depletion. Cost depletion is allowed when it can be demonstrated the ground
water is being depleted and the rate of recharge
is so low that, once extracted, the water would
be lost to the taxpayer and immediately succeeding generations. To figure your cost depletion deduction, use the guidance provided in
Revenue Procedure 66-11 in Cumulative Bulletin 1966-1.
a. Depreciation deductions,
b. Deferred expenses (including deferred exploration and development
costs), and
c. Deductions other than depletion.
2. The residual value of land and improvements at the end of operations.
3. The cost or value of land acquired for purposes other than mineral production.
Adjusted basis. The adjusted basis of your
property is your original cost or other basis, plus
certain additions and improvements, and minus
certain deductions such as depletion allowed or
allowable and casualty losses. Your adjusted
basis can never be less than zero. See Pub. 551
for more information on adjusted basis.
Total recoverable units. The total recoverable
units is the sum of the following.
• The number of units of mineral remaining
at the end of the year (including units recovered but not sold).
• The number of units of mineral sold during
the tax year (determined under your
method of accounting, as explained next).
You must estimate or determine recoverable
units (tons, pounds, ounces, barrels, thousands
of cubic feet, or other measure) of mineral products using the current industry method and the
most accurate and reliable information you can
obtain. You must include ores and minerals that
are developed, in sight, blocked out, or assured.
You must also include probable or prospective
ores or minerals that are believed to exist based
on good evidence.
Number of units sold. You determine the
number of units sold during the tax year based
on your method of accounting. Use the following table to make this determination.
48
The number of units sold during the tax year
does not include any units for which depletion
deductions were allowed or allowable in earlier
years.
Timber Depletion
Depletion takes place when you cut standing
timber (including Christmas trees). You can figure your depletion deduction when the quantity
of cut timber is first accurately measured in the
process of exploitation.
Figuring the timber depletion deduction. To
figure your cost depletion allowance, multiply
the number of units of standing timber cut by
your depletion unit.
Timber units. When you acquire timber
property, you must make an estimate of the
quantity of marketable timber that exists on the
property. You measure the timber using board
feet, log scale, cords, or other units. If you later
determine that you have more or less units of
timber, you must adjust the original estimate.
Depletion units. You figure your depletion
unit each year by taking the following steps.
1. Determine your cost or the adjusted basis
of the timber on hand at the beginning of
the year.
2. Add to the amount determined in (1) the
cost of any timber units acquired during
the year and any additions to capital.
Chapter 7
3. Figure the number of timber units to take
into account by adding the number of timber units acquired during the year to the
number of timber units on hand in the account at the beginning of the year and then
adding (or subtracting) any correction to
the estimate of the number of timber units
remaining in the account.
4. Divide the result of (2) by the result of (3).
This is your depletion unit.
When to claim timber depletion. Claim your
depletion allowance as a deduction in the year
of sale or other disposition of the products cut
from the timber, unless you elect to treat the cutting of timber as a sale or exchange, as explained in chapter 8. Include allowable depletion for timber products not sold during the tax
year the timber is cut as a cost item in the closing inventory of timber products for the year.
The inventory is your basis for determining gain
or loss in the tax year you sell the timber products.
Form T (Timber). Complete and attach Form
T (Timber) to your income tax return if you are
claiming a deduction for timber depletion, electing to treat the cutting of timber as a sale or exchange, or making an outright sale of timber.
See the Instructions for Form T (Timber).
Example. You bought a farm that included
standing timber. This year you determined that
the standing timber could produce 300,000
units when cut. At that time, the adjusted basis
of the standing timber was $24,000. You then
cut and sold 27,000 units. (You did not elect to
treat the cutting of the timber as a sale or exchange.) Your depletion for each unit for the
year is $0.08 ($24,000 ÷ 300,000). Your deduction for depletion is $2,160 (27,000 × $0.08). If
you had cut 27,000 units but sold only 20,000
units during the year, your depletion for each
unit would have remained at $0.08. However,
your depletion deduction would have been
$1,600 (20,000 × $0.08) for this year and you
would have included the balance of $560 (7,000
× $0.08) in the closing inventory for the year.
Percentage Depletion
You can use percentage depletion on certain
mines, wells, and other natural deposits. You
cannot use the percentage method to figure depletion for standing timber, soil, sod, dirt, or turf.
To figure percentage depletion, you multiply
a certain percentage, specified for each mineral, by your gross income from the property
during the year. You can find a complete list of
the percentages in section 613(b) of the Internal
Revenue Code. The basis of your property must
be reduced by the amount of percentage depletion deducted.
Taxable income limit. The percentage depletion deduction cannot be more than 50% (100%
for oil and gas property) of your taxable income
from the property figured without the depletion
deduction and the domestic production activities deduction.
Depreciation, Depletion, and Amortization
Publication 225 (2024)
The following rules apply when figuring your
taxable income from the property for purposes
of the taxable income limit.
• Do not deduct any net operating loss deduction from the gross income from the
property.
• Corporations do not deduct charitable contributions from the gross income from the
property.
• If, during the year, you disposed of an item
of section 1245 property used in connection with the mineral property, reduce any
allowable deduction for mining expenses
by the part of any gain you must report as
ordinary income that is allocable to the
mineral property. See Regulations section
1.613-5(b)(1) for information on how to figure the ordinary gain allocable to the property.
Amortization
Amortization is a method of recovering (deducting) certain capital costs over a fixed period of
time. It is similar to the straight line method of
depreciation. The amortizable costs discussed
in this section include the startup costs of going
into business, reforestation costs, the costs of
pollution control facilities, and the costs of section 197 intangibles. See the Instructions for
Form 4562 for more information on these topics.
Business Startup Costs
When you go into business, treat all costs you
incur to get your business started as capital expenses. Capital expenses are a part of your basis in the business. Generally, you recover costs
for particular assets through depreciation deductions. However, you generally cannot recover other costs until you sell the business or
otherwise go out of business.
Startup costs are costs for creating an active
trade or business or investigating the creation or
acquisition of an active trade or business.
Startup costs include any amounts paid or incurred in connection with any activity engaged
in for profit and for the production of income before the trade or business begins, in anticipation
of the activity becoming an active trade or business.
You can elect to currently deduct a limited
amount of business startup costs paid or incurred after October 22, 2004. See Capital Expenses in chapter 4. If this election is made, any
costs that are not currently deducted can be
amortized.
Amortization period. The amortization period
for business startup costs paid or incurred before October 23, 2004, is 60 months or more.
For startup costs paid or incurred after October
22, 2004, the amortization period is 180
months. The period starts with the month your
active trade or business begins.
Reporting requirements. To amortize your
startup costs that are not currently deductible
under the election to deduct, complete Part VI
of Form 4562 and attach a statement containing
any required information. See the Instructions
for Form 4562.
Publication 225 (2024)
Reforestation Costs
Section 197 Intangibles
You can elect to currently deduct a limited
amount of qualifying reforestation costs for each
qualified timber property. See Capital Expenses
in chapter 4. You can elect to amortize over 84
months any amount not deducted. There is no
annual limit on the amount you can elect to amortize. Reforestation costs are the direct costs
of planting or seeding for forestation or reforestation.
You must generally amortize over 15 years the
capitalized costs of section 197 intangibles you
acquired after August 10, 1993. You must amortize these costs if you hold the section 197 intangible in connection with your farming business or in an activity engaged in for the
production of income. Your amortization deduction each year is the applicable part of the intangible's adjusted basis (for purposes of determining gain), figured by amortizing it ratably
over 15 years (180 months). You are not allowed any other depreciation or amortization
deduction for an amortizable section 197 intangible.
Qualifying costs. Qualifying costs include
only those costs you must otherwise capitalize
and include in the adjusted basis of the property. They include costs for the following items.
• Site preparation.
• Seeds or seedlings.
• Labor.
• Tools.
• Depreciation on equipment used in planting and seeding.
If the government reimburses you for reforestation costs under a cost-sharing program,
you can amortize these costs only if you include
the reimbursement in your income.
Qualified timber property. Qualified timber
property is property that contains trees in significant commercial quantities. It can be a woodlot
or other site that you own or lease. The property
qualifies only if it meets all the following requirements.
• It is located in the United States.
• It is held for the growing and cutting of timber you will either use in or sell for use in
the commercial production of timber products.
• It consists of at least 1 acre planted with
tree seedlings in the manner normally used
in forestation or reforestation.
Qualified timber property does not include
property on which you have planted shelter
belts or ornamental trees, such as Christmas
trees.
Amortization period. The 84-month amortization period starts on the first day of the first
month of the second half of the tax year you incur the costs (July 1 for a calendar year taxpayer), regardless of the month you actually incur the costs. You can claim amortization
deductions for no more than 6 months of the
first and last (eighth) tax years of the period.
How to make the election. To elect to amortize qualifying reforestation costs, enter your deduction in Part VI of Form 4562. Attach a statement containing any required information. See
the Instructions for Form 4562.
Generally, you must make the election on a
timely filed return (including extensions) for the
year in which you incurred the costs. However, if
you timely filed your return for the year without
making the election, you can still make the election by filing an amended return within 6 months
of the due date of your return (excluding extensions). Attach Form 4562 and the statement to
the amended return and write “Filed pursuant to
section 301.9100-2” on Form 4562. File the
amended return at the same address you filed
the original return.
Chapter 8
Gains and Losses
Section 197 intangibles include the following
assets.
• Goodwill.
• Patents.
• Copyrights.
• Designs.
• Formulas.
• Licenses.
• Permits.
• Covenants not to compete.
• Franchises.
• Trademarks.
See section 197 of the Internal Revenue Code
for more information, including a complete list of
assets that are section 197 intangibles and special rules.
8.
Gains and
Losses
Introduction
This chapter explains how to figure, and report
on your tax return, your gain or loss on the disposition of your property or debt and whether
such gain or loss is ordinary or capital. Ordinary
gain is taxed at the same rates as wages and interest income, while net capital gain is generally
taxed at a lower rate. This chapter discusses
dispositions such as sales and exchanges (including like-kind exchanges and sales of capital
and noncapital assets); hedging transactions;
sale of livestock; cutting timber; sale of a farm;
and cancellation of debt from foreclosures, repossessions, and abandonments.
Topics
This chapter discusses:
• Sales and exchanges
• Ordinary or capital gain or loss
49
Useful Items
sis of the property is the basis plus certain additions and minus certain deductions. See
chapter 6 for more information about basis and
adjusted basis.
You may want to see:
Publication
334 Tax Guide for Small Business
334
523 Selling Your Home
523
544 Sales and Other Dispositions of
Assets
544
550 Investment Income and Expenses
550
908 Bankruptcy Tax Guide
908
Form (and Instructions)
982 Reduction of Tax Attributes Due to
Discharge of Indebtedness (and
Section 1082 Basis Adjustment)
982
Sch D (Form 1040) Capital Gains and
Losses
Sch D (Form 1040)
Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)
1099-A Acquisition or Abandonment of
Secured Property
1099-A
1099-C Cancellation of Debt
1099-C
4797 Sales of Business Property
4797
8824 Like-Kind Exchanges
Amount realized. The amount you realize
from a sale or exchange is the total of all money
you receive plus the fair market value (FMV)
(defined in chapter 6) of all property or services
you receive. The amount you realize also includes any of your liabilities assumed by the
buyer and any liabilities to which the property
you transferred is subject, such as real estate
taxes or a mortgage.
If the liabilities relate to an exchange of multiple properties, see Multiple Property Exchanges in chapter 1 of Pub. 544.
Amount recognized. Your gain or loss realized from a sale or exchange of certain property
is usually a recognized gain or loss for tax purposes. A recognized gain is a gain you must include in gross income and report on your income tax return. A recognized loss is a loss you
deduct from gross income. However, your gain
or loss realized from the exchange of certain
property may not be recognized for tax purposes. See Like-Kind Exchanges next. Also, a loss
from the disposition of property held for personal use is not deductible.
8824
8949 Sales and Other Dispositions of
Capital Assets
Like-Kind Exchanges
8960 Net Investment Income
Tax—Individuals, Estates, and Trusts
Generally, if you exchange real property you use
in your business or hold for investment solely for
other business or investment real property of a
like kind, you do not recognize the gain or loss
from the exchange. However, if you also receive
non-like-kind property or money as part of the
exchange, you recognize gain to the extent of
the value of the other property or money you received in the exchange. You do not recognize
any losses. In general, your gain or loss will not
be recognized until you sell or otherwise dispose of the property you receive in the exchange. See Qualifying property, later, for details and exceptions.
8949
8960
8995 Qualified Business Income
Deduction Simplified Computation
8995
8995-A Qualified Business Income
Deduction
8995-A
See How To Get Tax Help for information about
getting publications and forms.
Sales and Exchanges
If you sell, exchange, or otherwise dispose of
your property, you usually have a gain or a loss.
This section explains certain rules for determining whether any gain you have is taxable and
whether any loss you have is deductible.
A sale is a transfer of property for money or
a mortgage, a note, or other promise to pay
money. An exchange is a transfer of property for
other property or services.
Property sold or exchanged may include the
sale of a portion of a MACRS asset. For details,
see Partial Dispositions of MACRS Property in
chapter 1 of Pub. 544.
Determining Gain or Loss
You usually realize a gain or loss when you sell
or exchange property. If the amount you realize
from a sale or exchange of property is more
than its adjusted basis, you have a gain. If the
adjusted basis of the property is more than the
amount you realize, you have a loss.
Basis and adjusted basis. The basis of property you buy is usually its cost. The adjusted ba50
The exchange of property for the same kind
of property is the most common type of nontaxable exchange. To qualify for treatment as a
like-kind exchange, the property traded and the
property received must be both of the following
(discussed later).
• Qualifying property.
• Like-kind property.
For more information on like-kind exchanges,
see Pub. 544.
Multiple-party transactions. The like-kind exchange rules also apply to property exchanges
that involve three- and four-party transactions.
Any part of these multiple-party transactions
can qualify as a like-kind exchange if it meets all
the requirements described in this section.
Receipt of title from third party. If you receive property in a like-kind exchange and the
other party who transfers the property to you
does not give you the title, but a third party
does, you can still treat this transaction as a
like-kind exchange if it meets all the requirements.
Chapter 8
Gains and Losses
Basis of property received. If you receive
property in a like-kind exchange, generally the
basis of the property will be the same as the basis of the property you gave up. See chapter 6
for more information on basis.
Money paid. If, in addition to giving up
like-kind property, you pay money in a like-kind
exchange, the basis of the property received is
the basis of the property given up, increased by
the money paid.
Example. You own farmland with a barn.
The combined adjusted basis of the properties
is $70,000 and the FMV is $150,000. You are
interested in another tract of farmland, with a
larger barn, worth $200,000. You exchange your
existing property and $50,000 in cash for the
new property. Your basis in the new property is
$120,000 ($70,000 adjusted basis in your old
property plus $50,000 in cash paid).
Reporting the exchange. Report the exchange of like-kind property, even though no
gain or loss is recognized, on Form 8824. The
Instructions for Form 8824 explain how to report
the details of the exchange.
If you have any recognized gain because
you received money or unlike property, report it
on Schedule D (Form 1040) or Form 4797,
whichever applies. You may also have to report
the recognized gain as ordinary income because of depreciation recapture on Form 4797.
See chapter 9 for more information.
Qualifying property. In a like-kind exchange,
both the real property you give up and the real
property you receive must be held by you for investment or for productive use in your trade or
business. The nonrecognition rules for like-kind
exchanges apply only to exchanges of real
property (as defined in Treasury Regulations
section 1.1031(a)-3). The following are examples of property that may qualify.
• Land and improvements to land.
• Unsevered natural products of land.
• Water and air space superjacent to land.
• An intangible interest in real property in-
cluding fee ownership; co-ownership; a
leasehold; an option to acquire real property; an easement; and stock in a cooperative housing corporation.
• Real property that, on the date it is trans-
ferred in an exchange, is real property under the law of the state or local jurisdiction
in which that property is located.
Nonqualifying property. The rules for
like-kind exchanges do not apply to exchanges
of the following property.
• Real property used for personal purposes,
such as your home.
• Real property held primarily for sale.
• Any personal or intangible property.
You may have a nontaxable exchange under
other rules. See Other Nontaxable Exchanges
in chapter 1 of Pub. 544.
Special rule for stock in a mutual ditch,
reservoir, or irrigation company. For purposes of real property, stock in a mutual ditch, reservoir, or irrigation company is treated as real
Publication 225 (2024)
property if both of the following conditions are
met at the time of the trade.
1. The mutual ditch, reservoir, or irrigation
company is an organization described in
section 501(c)(12)(A) of the Internal Revenue Code (determined without regard to
the percentage of its income that is collected from its members for the purpose of
meeting losses and expenses).
2. The shares in the company have been recognized by the highest court of the state in
which the company was organized or by
applicable state statute as constituting or
representing real property or an interest in
real property.
Like-kind property. To qualify as a nontaxable
exchange, the properties exchanged must be of
like kind. Like-kind properties are properties of
the same nature or character, even if they differ
in grade or quality. Generally, real property exchanged for real property qualifies as an exchange of like-kind property. For example, an
exchange of city property for farm property or
improved property for unimproved property is a
like-kind exchange.
Note. Whether you engaged in a like-kind
exchange depends on an analysis of each asset involved in the exchange.
Partially nontaxable exchange. If, in addition
to like-kind property, you receive money or unlike property in an exchange on which you realize gain, you have a partially nontaxable exchange. You are taxed on the gain you realize,
but only to the extent of the money and the FMV
of the unlike property you receive. If you realize
a loss on the exchange, no loss is deductible.
However, see Unlike property given up below.
Example 1. You trade farmland that cost
$130,000 for $10,000 cash and other land to be
used in farming with an FMV of $150,000. You
have a realized gain of $30,000 ($150,000 FMV
of new land + $10,000 cash − $130,000 basis of
old farmland = $30,000 realized gain). However,
only $10,000, the cash received, is recognized
gain (included in income).
Example 2. Assume the same facts as in
Example 1, except that, instead of money, you
received a tractor with an FMV of $10,000. Your
recognized gain is still limited to $10,000, the
value of the tractor (the unlike property).
Example 3. Assume in Example 1 that the
FMV of the land you received was only
$115,000. You have a realized loss of $5,000
($115,000 FMV + $10,000 cash – $130,000 basis of old farmland = $5,000 loss). However,
your $5,000 loss is not recognized.
Unlike property given up. If, in addition to
like-kind property, you give up unlike property,
you must recognize gain or loss on the unlike
property you give up. The gain or loss is the difference between the FMV of the unlike property
and the adjusted basis of the unlike property.
Liabilities. If, in a like-kind exchange, you
transfer property subject to debt, the debt transferred is considered the same as the receipt of
unlike property. For purposes of figuring your
Publication 225 (2024)
realized gain, add any liabilities assumed by the
other party to your amount realized. Subtract
any liabilities of the other party that you assume
from your amount realized. For more information, see Partial Nontaxable Exchanges in chapter 1 of Pub. 544.
Like-kind exchanges between related persons. Special rules apply to like-kind exchanges between related persons. These rules
affect both direct and indirect exchanges. Under
these rules, if either person disposes of the
property within 2 years after the exchange, the
exchange is disqualified from nonrecognition
treatment. The gain or loss on the original exchange must be recognized as of the date of
the later disposition. The 2-year holding period
begins on the date of the last transfer of property that was part of the like-kind exchange.
Related persons. Under these rules, related persons include, for example, you and a
member of your family (spouse, sibling, parent,
child, etc.), you and a corporation in which you
have more than 50% ownership, you and a partnership in which you directly or indirectly own
more than a 50% interest of the capital or profits, and two partnerships in which you directly or
indirectly own more than 50% of the capital interests or profits.
For the complete list of related persons, see
Related persons in chapter 2 of Pub. 544.
If you transfer property using a qualified
intermediary involving related persons,
CAUTION see Multiple-party transactions involving related persons in chapter 1 of Pub. 544.
!
Example. You own real property used in
your business. Your sibling owns real property
used in their business. In December 2023, you
exchanged your property plus $15,000 for your
sibling’s property. At that time, the FMV of your
real property was $200,000 and its adjusted basis was $65,000. The FMV of your sibling’s real
property was $215,000 and its adjusted basis
was $70,000. You realized a gain of $135,000
(the $215,000 FMV of the real property received, minus the $15,000 you paid, minus your
$65,000 adjusted basis in the property). Your
sibling realized a gain of $145,000 (the
$200,000 FMV of your real property, plus the
$15,000 you paid, minus their $70,000 adjusted
basis in the property).
However, because this was a like-kind exchange and you received no cash or
non-like-kind property in the exchange, you recognize no gain on the exchange. Your basis in
the real property you received is $80,000 (the
$65,000 adjusted basis of the real property
given up plus the $15,000 you paid). Your sibling recognizes gain only to the extent of the
money they received, $15,000. The basis in the
real property received was $70,000 (the
$70,000 adjusted basis of the real property exchanged minus the $15,000 received, plus the
$15,000 gain recognized).
In 2024, you sold the real property you received to a third party for $220,000. Because
you sold property you acquired from a related
party (your sibling) within 2 years after the exchange with your sibling, that exchange is disqualified from nonrecognition treatment and the
deferred gain must be recognized on your 2024
Chapter 8
Gains and Losses
return. On your 2024 tax return, you must report
your $135,000 gain on the 2023 exchange. You
must also report the gain on the 2024 sale on
your 2024 return. Additionally, for 2024, your
sibling must report a gain of $130,000, which is
the $145,000 gain on the 2023 exchange, minus the $15,000 recognized in 2023. Your sibling’s adjusted basis in the property is increased
to $200,000 ($70,000 basis plus the $130,000
gain recognized).
Exceptions to the rules for related persons. The following property dispositions are
excluded from these rules.
• Dispositions due to the death of either related person.
• Involuntary conversions.
• Dispositions where it is established to the
satisfaction of the IRS that neither the exchange nor the disposition has, as a main
purpose, the avoidance of federal income
tax.
Multiple property exchanges. Under the
like-kind exchange rules, you must generally
make a property-by-property comparison to figure your recognized gain and the basis of the
property you receive in the exchange. However,
for exchanges of multiple properties, you do not
make a property-by-property comparison if you
do either of the following.
• Transfer and receive properties in two or
more exchange groups.
• Transfer or receive more than one property
within a single exchange group.
For more information, see Multiple Property
Exchanges in chapter 1 of Pub. 544.
Deferred exchange. A deferred exchange for
like-kind property may qualify for nonrecognition
of gain or loss. A deferred exchange is an exchange in which you transfer property you use
in business or hold for investment and later receive like-kind property you will use in business
or hold for investment. The property you receive
is replacement property. The transaction must
be an exchange of property for property rather
than a transfer of property for money used to
buy replacement property. In addition, the replacement property will not be treated as
like-kind property unless certain identification
and receipt requirements are met.
For more information, see Deferred Exchange in chapter 1 of Pub. 544.
Transfer to Spouse
Generally, no gain or loss is recognized on a
transfer of property from an individual to (or in
trust for the benefit of) a spouse, or a former
spouse if incident to divorce. This rule does not
apply in the following situations.
• Your spouse or former spouse is a nonresident alien (unless special elections have
been made).
• Certain transfers in trust.
• Certain stock redemptions under a divorce
or separation instrument or a valid written
agreement.
For more information and special rules for
transfers of property incident to divorce, see
Property Settlements in Pub. 504, Divorced or
Separated Individuals.
51
Any transfer of property to a spouse or former spouse on which gain or loss is not recognized is not considered a sale or exchange. The
recipient's basis in the property will be the same
as the adjusted basis of the giver immediately
before the transfer. This carryover basis rule applies whether the adjusted basis of the transferred property is less than, equal to, or greater
than either its FMV at the time of transfer or any
consideration paid by the recipient. This rule
applies for determining loss as well as gain. Any
gain recognized on a transfer in trust increases
the basis.
If you hold a capital asset 1 year or less, the
gain or loss resulting from its disposition is short
term. Report it in Part I of Form 8949, and/or
Schedule D (Form 1040), as applicable. If you
hold a capital asset longer than 1 year, the gain
or loss resulting from its disposition is long term.
Report it in Part II of Form 8949 and/or Schedule D, as applicable. See the Instructions for
Form 8949 and the Instructions for Schedule D
(Form 1040) for more information, including
when Form 8949 is required. Also see chapter 4
of Pub. 544.
Ordinary or Capital Gain
or Loss
Holding period. To figure if you held property
longer than 1 year, start counting on the day after the day you acquired the property. The day
you disposed of the property is part of your
holding period.
Generally, you will have a capital gain or loss if
you sell or exchange a capital asset (defined
below). You may also have a capital gain if your
section 1231 transactions result in a net gain.
See Section 1231 Gains and Losses in
chapter 9.
Example. If you bought an asset on June
19, 2023, you should start counting on June 20,
2023. If you sold the asset on June 19, 2024,
your holding period is not longer than 1 year,
but if you sold it on June 20, 2024, your holding
period is longer than 1 year.
To figure your net capital gain or loss, you
must classify your gains and losses as either ordinary or capital, and your capital gains or losses as either short term or long term.
Livestock. See Holding period under Livestock, later.
Your net capital gains may be taxed at a
lower tax rate than ordinary income. See Capital
Gains Tax Rates, later. Your deduction for a net
capital loss may be limited. See Treatment of
Capital Losses, later.
Capital Assets
Almost everything you own and use for personal
purposes, pleasure, or investment is a capital
asset.
The following items are examples of capital
assets.
• A home owned and occupied by you and
your family.
• Household furnishings.
• A car used for pleasure. If your car is used
both for pleasure and for farm business, it
is partly a capital asset and partly a noncapital asset, defined later.
• Stocks and bonds. However, there are special rules for gains on qualified small business stock. For more information on this
subject, see Gains on Qualified Small
Business Stock and Losses on Section
1244 (Small Business) Stock in chapter 4
of Pub. 550.
Personal-use property. Gain from a sale or
exchange of personal-use property is a capital
gain and is taxable. Loss from the sale or exchange of personal-use property is not deductible. You can deduct a loss relating to personal-use property only if it results from a
casualty or theft. For information on casualties
and thefts, see chapter 11.
Long and Short Term
Where you report a capital gain or loss depends
on how long you own the asset before you sell
or exchange it. The time you own an asset
before disposing of it is the holding period.
52
Inherited property. If you inherit property,
you are considered to have held the property
longer than 1 year, regardless of how long you
actually held it. This rule does not apply to livestock used in a farm business. See Holding period under Livestock, later.
Nonbusiness bad debt. A nonbusiness
bad debt is a short-term capital loss, deductible
in the year the debt becomes worthless. See
chapter 4 of Pub. 550.
Nontaxable exchange. If you acquire an
asset in exchange for another asset and your
basis for the new asset is figured, in whole or in
part, by using your basis in the old property, the
holding period of the new property includes the
holding period of the old property. That is, it begins on the same day as your holding period for
the old property.
Gift. If you receive a gift of property and
your basis in it is figured using the donor's basis, your holding period includes the donor's
holding period.
Real property. To figure how long you held
real property, start counting on the day after you
received title to it or, if earlier, on the day after
you took possession of it and assumed the burdens and privileges of ownership.
However, taking possession of real property
under an option agreement is not enough to
start the holding period. The holding period
cannot start until there is an actual contract of
sale. The holding period of the seller cannot
end before that time.
Figuring Net Gain or Loss
The totals for short-term capital gains and losses and the totals for long-term capital gains
and losses must be figured separately.
gains. Then add all of your short-term capital
losses. Subtract the lesser total from the
greater. The difference is your net short-term
capital gain or loss.
Net long-term capital gain or loss. Follow
the same steps to combine your long-term capital gains and losses. The result is your net
long-term capital gain or loss.
Net gain. If the total of your capital gains is
more than the total of your capital losses, the
difference is taxable. However, part of your gain
(but not more than your net capital gain) may be
taxed at a lower rate than the rate of tax on your
ordinary income. See Capital Gains Tax Rates,
later.
Net loss. If the total of your capital losses is
more than the total of your capital gains, the difference is deductible. But there are limits on
how much loss you can deduct and when you
can deduct it. See Treatment of Capital Losses
next.
Treatment of Capital Losses
If your capital losses are more than your capital
gains, you must claim the difference even if you
do not have ordinary income to offset it. For taxpayers other than corporations, the yearly limit
on the capital loss you can deduct is $3,000
($1,500 if you are married and file a separate
return). If your other income is low, you may not
be able to use the full $3,000. The part of the
$3,000 you cannot use becomes part of your
capital loss carryover (discussed next).
Capital loss carryover. Generally, you have a
capital loss carryover if either of the following
situations applies to you.
• Your net loss on Schedule D (Form 1040)
is more than the yearly limit.
• Your taxable income is less than zero.
If either of these situations applies to you for
2024, see Capital Losses under Reporting Capital Gains and Losses in chapter 4 of Pub. 550
to figure the amount you can carry over to 2025.
To figure your capital loss carryover
TIP from 2024 to 2025, you will need a
copy of your 2024 Form 1040 or Form
1040-SR and Schedule D (Form 1040).
Capital Gains Tax Rates
The tax rates that apply to a net capital gain are
generally lower than the tax rates that apply to
other income. These lower rates are called the
maximum capital gains rates.
The term “net capital gain” means the
amount by which your net long-term capital gain
for the year is more than your net short-term
capital loss.
See Schedule D (Form 1040) and the Instructions for Schedule D (Form 1040). Also
see Pub. 550.
Net short-term capital gain or loss. Combine your short-term capital gains and losses.
Do this by adding all of your short-term capital
Chapter 8
Gains and Losses
Publication 225 (2024)
Noncapital Assets
Generally, noncapital assets include property
such as inventory and depreciable property
used in a trade or business. A list of properties
that are not capital assets is provided in the Instructions for Schedule D (Form 1040). Noncapital assets used in farming are discussed below.
Property held for sale in the ordinary
course of your farm business. Property you
hold mainly for sale to customers, such as livestock, poultry, livestock products, and crops, is
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.
Land and depreciable properties. Land and
depreciable property you use in farming are not
capital assets. Noncapital assets also include
livestock held for draft, breeding, dairy, or sporting purposes. However, your gains and losses
from sales and exchanges of your farmland and
depreciable properties must be considered together with certain other transactions to determine whether the gains and losses are treated
as capital or ordinary gains and losses. The
sales of these business assets are reported on
Form 4797. See chapter 9 for more information.
Hedging
Hedging transactions are transactions that you
enter into in the normal course of business primarily to manage the risk of interest rate or
price changes, or currency fluctuations, with respect to borrowings, ordinary property, or ordinary obligations. Ordinary property or obligations are those that cannot produce capital gain
or loss if sold or exchanged.
A commodity futures contract is a standardized, exchange-traded contract for the sale or
purchase of a fixed amount of a commodity at a
future date for a fixed price. The holder of an
option on a futures contract has the right (but
not the obligation) for a specified period of time
to enter into a futures contract to buy or sell at a
particular price. A forward contract is much different from a futures contract because its terms
are not standardized and it is not exchange traded.
Businesses may enter into commodity futures contracts or forward contracts and may
acquire options on commodity futures contracts
as either of the following.
• Hedging transactions.
• Transactions that are not hedging transactions.
Futures transactions with exchange-traded
commodity futures contracts that are not hedging transactions generally result in capital gain
or loss and are subject to the mark-to-market
rules discussed in Pub. 550. There is a limit on
the amount of capital losses you can deduct
each year. Hedging transactions are not subject
to the mark-to-market rules and the deduction
for hedging losses is not limited.
If, as a farmer-producer, to protect yourself
from the risk of unfavorable price fluctuations,
Publication 225 (2024)
you enter into commodity forward contracts, futures contracts, or options on futures contracts
and the contracts cover an amount of the commodity within your range of production, the
transactions are generally considered hedging
transactions. They can take place at any time
you have the commodity under production,
have it on hand for sale, or reasonably expect to
have it on hand.
The gain or loss on the termination of these
hedges is generally ordinary gain or loss. Farmers who file their income tax returns on the cash
method report any profit or loss on the hedging
transaction on Schedule F, line 8.
Gains or losses from hedging transactions
that hedge supplies of a type regularly used or
consumed in the ordinary course of your trade
or business may be ordinary gains or losses.
Examples include fuel and feed.
If you have numerous transactions in
the commodity futures market during
RECORDS the year, you must be able to show
which transactions are hedging transactions.
Clearly identify a hedging transaction on your
books and records before the end of the day
you entered into the transaction. It may be helpful to have separate brokerage accounts for
your hedging and speculation transactions.
Retain the identification of each hedging
transaction with your books and records. Also,
identify the item(s) or aggregate risk that is being hedged in your records. Although the identification of the hedging transaction must be
made before the end of the day it was entered
into, you have 35 days after entering into the
transaction to identify the hedged item(s) or
risk.
For more information on the tax treatment of
futures and options contracts, see Commodity
Futures and Section 1256 Contracts Marked to
Market in Pub. 550.
Accounting methods for hedging transactions. The accounting method you use for a
hedging transaction must clearly reflect income.
This means that your accounting method must
reasonably match the timing of income, deduction, gain, or loss from a hedging transaction
with the timing of income, deduction, gain, or
loss from the item or items being hedged. There
are requirements and limits on the method you
can use for certain hedging transactions. See
Regulations section 1.446-4(e) for those requirements and limits.
Hedging transactions must be accounted for
under the rules stated above unless the transaction is subject to mark-to-market accounting
under section 475 or you use an accounting
method other than the following methods.
1. Cash method.
2. Farm-price method.
3. Unit-livestock-price method.
Once you adopt a method, you must apply it
consistently and must have IRS approval before
changing it.
Your books and records must describe the
accounting method used for each type of hedging transaction. They must also contain any
additional identification necessary to verify the
Chapter 8
Gains and Losses
application of the accounting method you used
for the transaction. You must make the additional identification no more than 35 days after
entering into the hedging transaction.
Example of a hedging transaction. You are a
calendar year taxpayer and file your income tax
returns on the cash method. On July 2, you anticipate a yield of 50,000 bushels of corn this
year. The December futures price is $5.75 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 futures contracts of 5,000 bushels each
for a total of 50,000 bushels of corn at $5.75 a
bushel.
The price did not drop as anticipated but
rose to $6 a bushel. In November, you sell your
crop at a local elevator for $6 a bushel. You also
close out your futures position by buying 10 December contracts for $6 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 $6
a bushel. Your loss on the hedge is 25 cents a
bushel. In effect, the net selling price of your
corn is $5.75 a bushel.
Report the results of your futures transactions and your sale of corn separately on
Schedule F. See the Instructions for Schedule F
(Form 1040).
The loss on your futures transactions is
$13,900, figured as follows.
July 2—Sold December corn futures
(50,000 bu. @ $5.75) . . . . . . . . . . . . . . .
November 6—Bought December corn
futures (50,000 bu. @ $6 plus $1,400
broker's commission) . . . . . . . . . . . . . . .
Futures loss . . . . . . . . . . . . . . . .
$287,500
301,400
($13,900)
This loss is reported as a negative figure on
Schedule F, Part I, line 8, as other income.
The proceeds from your corn sale at the local elevator are $300,000 (50,000 bu. × $6). Report it on Schedule F, Part I, line 2, as income
from sales of products you raised.
Assume you were right and the price went
down 25 cents a bushel. In effect, you would still
net $5.75 a bushel, figured as follows.
Sold cash corn, per bushel
Gain on hedge, per bushel
Net price, per bushel
. . . . . . . . . . . .
$5.50
.25
. . . . . . . . . . .
$5.75
. . . . . . . . . . . .
The gain on your futures transactions would
have been $11,100, figured as follows.
July 2—Sold December corn futures (50,000
bu. @ $5.75) . . . . . . . . . . . . . . . . . . . . . .
November 6—Bought December corn
futures (50,000 bu. @ $5.50 plus $1,400
broker's commission) . . . . . . . . . . . . . . . .
Futures gain. . . . . . . . . . . . . . . .
$287,500
276,400
$11,100
The $11,100 is reported on Schedule F, Part I,
line 8, as other income.
The proceeds from the sale of your corn at
the local elevator, $275,000 (50,000 bu. x
$5.50), are reported on Schedule F, Part I,
53
line 2, as income from sales of products you
raised.
Livestock
This part discusses the sale or exchange of livestock used in your farm business. Gain or loss
from the sale or exchange of this livestock may
qualify as a section 1231 gain or loss. However,
any part of the gain that is ordinary income from
the recapture of depreciation is not included as
section 1231 gain. See chapter 9 for more information on section 1231 gains and losses and
the recapture of depreciation under section
1245.
The rules discussed here do not apply
to the sale of livestock held primarily for
CAUTION sale to customers. The sale of this livestock is reported on Schedule F. See chapter 3
for more information.
!
Also, special rules apply to sales or exchanges
caused by weather-related conditions. See
Sales Caused by Weather-Related Conditions
in chapter 3 for more information.
Holding period. The sale or exchange of livestock used in your farm business (defined below) qualifies as a section 1231 transaction if
you held the livestock for 12 months or more (24
months or more for horses and cattle).
Livestock. For section 1231 transactions, livestock includes cattle, hogs, horses, mules, donkeys, sheep, goats, fur-bearing animals, and
other mammals. Also, for section 1231 transactions, livestock does not include chickens, turkeys, pigeons, geese, emus, ostriches, rheas,
or other birds, fish, frogs, reptiles, etc.
Livestock used in farm business. If livestock is held primarily for draft, breeding, dairy,
or sporting purposes, it is considered to be
used in your farm business. The purpose for
which an animal is held is ordinarily 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, dairy, or sporting
purpose may be present if an animal is disposed of within a reasonable time after it is prevented from its intended use or made undesirable as a result of an accident, disease, drought,
or unfitness of the animal.
Example 1. You discover an animal that
you intend to use for breeding purposes is sterile. You dispose of it within a reasonable time.
This animal was held for breeding purposes.
Example 2. You retire and sell your entire
herd, including young animals that you would
have used for breeding or dairy purposes had
you remained in business. These young animals were held for breeding or dairy purposes.
Also, if you sell young animals to reduce your
breeding or dairy herd because of drought,
these animals are treated as having been held
for breeding or dairy purposes. See Sales
Caused by Weather-Related Conditions in
chapter 3.
54
Example 3. You are in the business of raising hogs for slaughter. Customarily, before selling your sows, you obtain a single litter of pigs
that you will raise for sale. You sell the brood
sows after obtaining the litter. Even though you
hold these brood sows for ultimate sale to customers in the ordinary course of your business,
they are considered to be held for breeding purposes.
Example 4. You are in the business of raising registered cattle for sale to others for use as
breeding cattle. The business practice is to
breed the cattle before sale to establish their fitness as registered breeding cattle. Your use of
the young cattle for breeding purposes is ordinary and necessary for selling them as registered breeding cattle. Such use does not demonstrate that you are holding the cattle for
breeding purposes, but rather you are holding
them primarily for sale to customers. However,
those cattle you held as additions or replacements to your own breeding herd to produce
calves are considered to be held for breeding
purposes, even though they may not actually
have produced calves. The same applies to hog
and sheep breeders.
Example 5. You breed, raise, and train
horses for racing purposes. Every year, you cull
horses from your racing stable. In 2024, 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 2023. These horses are all considered held for sporting purposes.
Figuring gain or loss on the cash method.
Farmers or ranchers who use the cash method
of accounting figure their gain or loss on the
sale of livestock used in their farming business
as follows.
Raised livestock. Gain on the sale of
raised livestock is generally the gross sales
price reduced by any expenses of the sale. Expenses of sale include sales commissions,
freight or hauling from farm to commission company, and other similar expenses. The basis of
the animal sold is zero if the costs of raising it
were deducted during the years the animal was
being raised. However, if you are required to
use the accrual accounting method, see Uniform Capitalization Rules in chapter 6.
Purchased livestock. The gross sales
price minus your adjusted basis and any expenses of sale is the gain or loss.
Example. A farmer sold a breeding cow on
January 8, 2024, for $1,250. Expenses of the
sale were $125. The cow was bought July 2,
2020, for $1,300. Depreciation (not less than
the amount allowable) was $1,225.
Gross sales price . . . . . . . . . . . . . .
Cost (basis) . . . . . . . . . . . . . . . . .
Minus: Depreciation deduction . . . .
Unrecovered cost
(adjusted basis) .
Expense of sale .
Gain realized
. . . . . . . . . . . . .
. . . . . . . . . . . . .
. . . . . .
$1,300
1,225
$ 75
125
. . . . . . . . . . . . . . . .
Chapter 8
Gains and Losses
$1,250
200
$1,050
Converted Wetland and
Highly Erodible Cropland
Special rules apply to dispositions of land converted to farming use after March 1, 1986. Any
gain realized on the disposition of converted
wetland or highly erodible cropland is treated as
ordinary income. Any loss on the disposition of
such property is treated as a long-term capital
loss.
Converted wetland. This is generally land that
was drained or filled to make the production of
agricultural commodities possible. It includes
converted wetland held by the person who originally converted it or held by any other person
who used the converted wetland at any time after conversion for farming.
A wetland (before conversion) is land that
meets all the following conditions.
• It is mostly soil that, in its undrained condition, is saturated, flooded, or ponded long
enough during a growing season to develop an oxygen-deficient state that supports the growth and regeneration of plants
growing in water.
• It is saturated by surface or groundwater at
a frequency and duration sufficient to support mostly plants that are adapted for life
in saturated soil.
• It supports, under normal circumstances,
mostly plants that grow in saturated soil.
Highly erodible cropland. This is cropland
subject to erosion that you used at any time for
farming purposes other than grazing animals.
Generally, highly erodible cropland is land currently classified by the Department of Agriculture as Class IV, VI, VII, or VIII under its classification system. Highly erodible cropland also
includes land that would have an excessive
average annual erosion rate in relation to the
soil loss tolerance level, as determined by the
Department of Agriculture.
Successor. Converted wetland or highly erodible cropland is also land held by any person
whose basis in the land is figured by reference
to the adjusted basis of a person in whose
hands the property was converted wetland or
highly erodible cropland.
Timber
Standing timber you held as investment property is a capital asset. Gain or loss from its sale
is capital gain or loss reported on Form 8949
and Schedule D (Form 1040), as applicable. If
you held the timber primarily for sale to customers, it is not a capital asset. Gain or loss on its
sale is ordinary business income or loss. It is reported on Schedule F, line 1 (if purchased timber) or line 2 (if raised timber).
Farmers who cut timber on their land and
sell it as logs, firewood, or pulpwood usually
have no cost or other basis for that timber if no
allocation was made at the time of acquisition.
Amounts realized from these sales, and the expenses incurred in cutting, hauling, etc., are ordinary farm income and expenses reported on
Schedule F.
Publication 225 (2024)
Different rules apply if you owned the timber
longer than 1 year and elect to treat timber cutting as a sale or exchange or you enter into a
cutting contract, discussed below.
Timber considered cut. Timber is considered
cut on the date when, in the ordinary course of
business, the quantity of felled timber is first
definitely determined. This is true whether the
timber is cut under contract or whether you cut it
yourself.
Christmas trees. Evergreen trees, such as
Christmas trees, that are more than 6 years old
when severed from their roots and sold for ornamental purposes are included in the term “timber.” They qualify for both rules discussed below.
Election to treat cutting as a sale or exchange. Under the general rule, the cutting of
timber results in no gain or loss. It is not until a
sale or exchange occurs that gain or loss is realized. But if you owned or had a contractual
right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in
the year it is cut. Even though the cut timber is
not actually sold or exchanged, you report your
gain or loss on the cutting for the year the timber is cut. Any later sale results in ordinary business income or loss. See the example below.
To elect this treatment, you must:
1. Own or hold a contractual right to cut the
timber for a period of more than 1 year before it is cut, and
2. Cut the timber for sale or use in your trade
or business.
Making the election. You make the election on your return for the year the cutting takes
place by including in income the gain or loss on
the cutting and including a computation of your
gain or loss. You do not have to make the election in the first year you cut timber. You can
make it in any year to which the election would
apply. If the timber is partnership property, the
election is made on the partnership return. This
election cannot be made on an amended return.
Once you have made the election, it remains
in effect for all later years unless you revoke it.
Election under section 631(a) may be revoked. If you previously elected for any tax
year ending before October 23, 2004, to treat
the cutting of timber as a sale or exchange under section 631(a), you may revoke this election
without the consent of the IRS for any tax year
ending after October 22, 2004. The prior election (and revocation) is disregarded for purposes of making a subsequent election. See Form
T (Timber), Forest Activities Schedule, for more
information.
Gain or loss. Your gain or loss on the cutting of standing timber is the difference between
its adjusted basis for depletion and its FMV on
the first day of your tax year in which it is cut.
The FMV becomes your basis in the cut timber,
and a later sale of the cut timber, including any
by-product or tree tops, will result in ordinary
business income or loss.
Your adjusted basis for depletion of cut timber is based on the number of units (board feet,
Publication 225 (2024)
log scale, or other units) of timber cut during the
tax year and considered to be sold or exchanged. Your adjusted basis for depletion is
also based on the depletion unit of timber in the
account used for the cut timber, and should be
figured in the same manner as shown in section
611 and Regulations section 1.611-3.
Depletion of timber is discussed in chapter 7.
Example. In April 2024, 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, 2024, the timber had
an FMV of $350 per MBF. It was cut in April for
sale. On your 2024 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, 2024 . . .
Minus: Adjusted basis for depletion
Section 1231 gain .
. . . .
$1,400,000
160,000
. . . . . . . . . . .
$1,240,000
. . . .
Outright sales of timber. Outright sales of
timber by landowners qualify for capital gains
treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined later). However, for outright sales, the date of disposal is
not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see Date of
disposal, later).
Cutting contract. You must treat the disposal
of standing timber under a cutting contract as a
section 1231 transaction if all the following apply to you.
• You are the owner of the timber.
• You held the timber longer than 1 year before its disposal.
• You kept an economic interest in the timber.
You have kept an economic interest in
standing timber if, under the cutting contract,
the expected return on your investment is conditioned on the cutting of the timber.
The difference between the amount realized
from the disposal of the timber and its adjusted
basis for depletion is treated as gain or loss on
its sale. Include this amount on Form 4797
along with your other section 1231 gains or losses.
Date of disposal. The date of disposal is
the date the timber is cut. However, for outright
sales by landowners or if you receive payment
under the contract before the timber is cut, you
can elect to treat the date of payment as the
date of disposal.
This election applies only to figure the holding period of the timber. It has no effect on the
time for reporting gain or loss (generally when
the timber is sold or exchanged).
To make this election, attach a statement to
the tax return filed by the due date (including
extensions) for the year payment is received.
Chapter 8
Gains and Losses
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 enter “Filed pursuant to section
301.9100-2” at the top of the statement. File the
amended return at the same address the original return was filed.
Owner. An owner is any person who owns
an interest in the timber, including a sublessor
and the holder of a contract to cut the timber.
You own an interest in timber if you have the
right to cut it for sale on your own account or for
use in your business.
Tree stumps. Tree stumps are a capital asset if
they are on land held by an investor who is not
in the timber or stump business as a buyer,
seller, or processor. Gain from the sale of
stumps sold in one lot by such a holder is taxed
as a capital gain. However, tree stumps held by
timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Gain from the sale of
stumps in lots or tonnage by such operators is
taxed as ordinary income.
See Form T (Timber) and its separate instructions for more information about dispositions of timber.
Sale of a Farm
The sale of your farm may involve the sale of
both nonbusiness property (your home) and
business property (the land and buildings used
in the farm operation and perhaps machinery
and livestock). If any gain from the sale includes
a gain from the sale of your home, you may be
allowed to exclude the gain on your home. For
more information, see Pub. 523.
The gain on the sale of your business property is taxable. A loss on the sale of your business property to an unrelated person is deducted as an ordinary loss. Your taxable gain or
loss on the sale of property used in your farm
business is taxed under the rules for section
1231 transactions. See chapter 9. Losses from
personal-use property, other than casualty or
theft losses, are not deductible. If you receive
payments for your farm in installments, certain
gains may be eligible to be taxed over the period of years the payments are received. See
chapter 10 for information about installment
sales.
When you sell your farm, the gain or loss on
each asset is figured separately. The tax treatment of gain or loss on the sale of each asset is
determined by the classification of the asset.
Each of the assets sold must be classified as
one of the following.
• Capital asset held 1 year or less.
• Capital asset held longer than 1 year.
• Property (including real estate) used in
your business and held 1 year or less (including draft, breeding, dairy, and sporting
animals held less than the holding periods
discussed earlier under Livestock).
55
• Property (including real estate) used in
your business and held longer than 1 year
(including only draft, breeding, dairy, and
sporting animals held for the holding periods discussed earlier).
• Property held primarily for sale or which is
of the kind that would be included in inventory if on hand at the end of your tax year.
Allocation of consideration paid for a farm.
The sale of a farm for a lump sum is considered
a sale of each individual asset rather than a single asset. If the group of assets sold constitutes
a trade or business, the residual method must
be used. This method determines gain or loss
from the transfer of each asset. It also determines the buyer's basis in the business assets.
For more information, see Sale of a Business in
chapter 2 of Pub. 544.
Property used in farm operation. The rules
for excluding the gain on the sale of your home,
described later under Sale of your home, do not
apply to the property used for your farming business. Recognized gains and losses on business property must be reported on your return
for the year of the sale. If the property was held
longer than 1 year, it may qualify for section
1231 treatment (see chapter 9).
Example. You sell your farm, including your
main home, which you have owned since December 2006. You realize gain on the sale as
follows.
Selling price . . . .
Cost (or other
basis) . . . . . . . .
Gain . . . . . . .
Farm
With
Home
Home
Only
$382,000 $158,000
Farm
Without
Home
$224,000
240,000
110,000
130,000
$142,000
$48,000
$94,000
You must report the $94,000 gain from the
sale of the property used in your farm business.
All or a part of that gain may have to be reported
as ordinary income from the recapture of depreciation or soil and water conservation expenses.
Treat the balance as section 1231 gain.
The $48,000 gain from the sale of your
home is not taxable if you meet the requirements explained later under Sale of your home.
Partial sale. If you sell only part of your farm,
you must report any recognized gain or loss on
the sale of that part on your tax return for the
year of the sale. You cannot wait until you have
sold enough of the farm to recover its entire cost
before reporting gain or loss. For a detailed discussion on installment sales, see Pub. 544.
Adjusted basis of the part sold. This is
the properly allocated part of your original cost
or other basis of the entire farm plus or minus
necessary adjustments for improvements, depreciation, etc., on the part sold. If your home is
on the farm, you must properly adjust the basis
to exclude those costs from your farm asset
costs, as discussed later under Sale of your
home.
Example. You bought a 200-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
56
Worksheet 8-1. Worksheet for Foreclosures
and Repossessions
Keep for Your Records
Part 1. Use Part 1 to figure your ordinary income from the cancellation of debt
upon foreclosure or repossession. Complete this part only if you were personally
liable for the debt. Otherwise, go to Part 2.
1. Enter the amount of outstanding debt immediately before the transfer of property
reduced by any amount for which you remain personally liable after the transfer of
property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter the FMV of the transferred property . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Ordinary income from cancellation of debt upon foreclosure or
repossession.* Subtract line 2 from line 1. If zero or less, enter -0- . . . . . . . . . .
Part 2. Figure your gain or loss from foreclosure or repossession.
4. If you completed Part 1, enter the smaller of line 1 or line 2. If you did not
complete Part 1, enter the outstanding debt immediately before the transfer of
property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Enter any proceeds you received from the foreclosure sale . . . . . . . . . . . . . .
6. Add lines 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Enter the adjusted basis of the transferred property
...................
8. Gain or loss from foreclosure or repossession. Subtract line 7
from line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*
The income may not be taxable. See Cancellation of debt, later.
later sold 20 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 20 acres at the time of
sale. Use this amount to determine your gain or
loss on the sale of the 20 acres.
Assessed values for local property
taxes. If you paid a flat sum for the entire farm
and no other facts are available for properly allocating your original cost or other basis between the land and the buildings, you can use
the assessed values for local property taxes for
the year of purchase to allocate the costs.
Example. Assume that in the preceding example there was no breakdown of the $700,000
purchase price between land and buildings.
However, in the year of purchase, local taxes on
the entire property were based on assessed
valuations of $420,000 for land and $140,000
for improvements, or a total of $560,000. The
assessed valuation of the land is 3/4 (75%) of
the total assessed valuation. Multiply the
$700,000 total purchase price by 75% to figure
basis of $525,000 for the 200 acres of land. The
unadjusted basis of the 20 acres you sold would
then be $52,500 (1/10 of $525,000).
Sale of your home. Your home is a capital asset and not property used in the trade or business of farming. If you sell a farm that includes a
house you and your family occupy, you must determine the part of the selling price and the part
of the cost or other basis allocable to your
home. Your home includes the immediate surroundings and outbuildings relating to it that are
not used for business purposes.
If you use part of your home for business,
you must make an appropriate adjustment to
the basis for depreciation allowed or allowable.
For more information on basis, see chapter 6.
More information. For more information on
selling your home, see Pub. 523.
Chapter 8
Gains and Losses
Gain from condemnation. If you have a
gain from a condemnation or sale of your home
under threat of condemnation, you may use the
preceding rules for excluding the gain, rather
than the rules discussed under Postponing Gain
in chapter 11. However, any gain that cannot be
excluded (because it is more than the limit) may
be postponed under the rules discussed under
Postponing Gain in chapter 11.
Foreclosure or
Repossession
If you do not make payments you owe on a loan
secured by property, the lender may foreclose
on the loan or repossess the property. The foreclosure or repossession is treated as a sale or
exchange from which you may realize gain or
loss. This is true even if you voluntarily return
the property to the lender. You may also realize
ordinary income from cancellation of debt if the
loan balance is more than the FMV of the property.
Buyer's (borrower's) gain or loss. You figure
and report gain or loss from a foreclosure or repossession in the same way as gain or loss
from a sale or exchange. The gain or loss is the
difference between your adjusted basis in the
transferred property and the amount realized.
See Determining Gain or Loss, earlier.
You can use Worksheet 8-1 to figure
TIP your gain or loss from a foreclosure or
repossession.
Amount realized on a nonrecourse debt.
If you are not personally liable for repaying the
debt (nonrecourse debt) secured by the transferred property, the amount you realize includes
the full amount of the debt canceled by the
transfer. The full canceled debt is included in
the amount realized even if the FMV of the
property is less than the canceled debt.
Publication 225 (2024)
Example 1. You paid $200,000 for land
used in your farming business. You paid
$15,000 down and borrowed the remaining
$185,000 from a bank. You are not personally liable for the loan (nonrecourse debt), but pledge
the land as security. The bank foreclosed on the
loan 2 years after you stopped making payments. When the bank foreclosed, the balance
due on the loan was $180,000 and the FMV of
the land was $170,000. The amount you realized on the foreclosure was $180,000, the debt
canceled by the foreclosure. You figure your
gain or loss on Form 4797, Part I, by comparing
the amount realized ($180,000) with your adjusted basis ($200,000). You have a $20,000 deductible loss.
Example 2. Assume the same facts as in
Example 1, except the FMV of the land was
$210,000. The result is the same. The amount
you realized on the foreclosure is $180,000, the
debt canceled by the foreclosure. Because your
adjusted basis is $200,000, you have a deductible loss of $20,000, which you report on Form
4797, Part I.
Amount realized on a recourse debt. If
you are personally liable for the debt (recourse
debt), the amount realized on the foreclosure or
repossession includes the lesser of:
• The outstanding debt immediately before
the transfer reduced by any amount for
which you remain personally liable immediately after the transfer, or
• The FMV of the transferred property.
You are treated as receiving ordinary income
from the canceled debt for the part of the debt
that is more than the FMV. The amount realized
does not include the canceled debt that is your
income from cancellation of debt. See Cancellation of debt, later.
Example 3. Assume the same facts as in
Example 1 earlier, except you are personally liable for the loan (recourse debt). In this case, the
amount you realize is $170,000. This is the canceled debt ($180,000) up to the FMV of the land
($170,000). You figure your gain or loss on the
foreclosure by comparing the amount realized
($170,000) with your adjusted basis ($200,000).
You have a $30,000 deductible loss, which you
figure on Form 4797, Part I. You are 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. You report
this as other income on Schedule F, line 8.
Seller's (lender's) gain or loss on repossession. If you finance a buyer's purchase of your
property in an installment sale and later acquire
an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. For more information, see Repossession
in Pub. 537, Installment Sales.
Cancellation of debt. If property that is repossessed or foreclosed upon secures a debt for
which you are personally liable (recourse debt),
you must generally report as ordinary income
the amount by which the canceled debt is more
than the FMV of the property. This income is
separate from any gain or loss realized from the
foreclosure or repossession. Report the income
Publication 225 (2024)
from cancellation of a business debt on Schedule F, line 8. Report the income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040 or Form 1040-SR.
You can use Worksheet 8-1 to figure
TIP your income from cancellation of debt.
However, income from cancellation of debt
is not taxed in certain situations. See Cancellation of Debt in chapter 3.
Abandonment
The abandonment of property is a disposition of
property. You abandon property when you voluntarily and permanently give up possession
and use of the property with the intention of
ending your ownership, but without passing it
on to anyone else.
Business or investment property. Loss from
abandonment of business or investment property is deductible as a loss. Loss from abandonment of business or investment property that is
not treated as a sale or exchange is generally
an ordinary loss. If your adjusted basis is more
than the amount you realize (if any), then you
have a loss. If the amount you realize (if any) is
more than your adjusted basis, then you have a
gain. This rule also applies to leasehold improvements the lessor made for the lessee.
However, if the property is foreclosed on or repossessed in lieu of abandonment, gain or loss
is figured as discussed earlier under Foreclosure or Repossession.
If the abandoned property is secured by
debt, special rules apply. The tax consequences of abandonment of property that secures a
debt depend on whether you are personally liable for the debt (recourse debt) or were not personally liable for the debt (nonrecourse debt).
For more information, see chapter 3 of Pub.
4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments.
The abandonment loss is deducted in the
tax year in which the loss is sustained. Report
the loss on Form 4797, Part II, line 10.
Personal-use property. You cannot deduct
any loss from abandonment of your home or
other property held for personal use.
Canceled debt. If the abandoned property secures a debt for which you are personally liable
and the debt is canceled, you may realize ordinary income equal to the canceled debt. This
income is separate from any loss realized from
abandonment of the property. Report income
from cancellation of a debt related to a business
or rental activity as business or rental income.
Report income from cancellation of a nonbusiness debt on Form 1040 or Form 1040-SR.
However, income from cancellation of debt
is not taxed in certain circumstances. See Cancellation of debt, earlier, under Foreclosure or
Repossession.
sure, 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, or 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 2024, these forms should be sent to
you by January 31, 2025.
9.
Dispositions of
Property Used in
Farming
Introduction
When you dispose of property used in your farm
business, your taxable gain or loss is usually
treated as ordinary income or capital gain (under the rules for section 1231 transactions). Ordinary income is taxed at the same rate as wages and interest. Capital gain is generally taxed
at lower rates.
When you dispose of depreciable property
(section 1245 property or section 1250 property) at a gain, you may have to recognize all or
part of the gain as ordinary income under the
depreciation recapture rules. Any gain remaining after applying the depreciation recapture
rules is a section 1231 gain, which may be
taxed as a capital gain. Similar rules apply to
the sale of property on which soil and water
conservation expenses have been deducted or
government cost-sharing payments have been
received.
Gains and losses from property used in
farming are reported on Form 4797, Sales of
Business Property. Table 9-1 contains examples
of items reported on Form 4797 and refers to
the part of that form on which they should first
be reported.
Topics
This chapter discusses:
• Section 1231 gains and losses
• Depreciation recapture
• Other gains
Forms 1099-A and 1099-C. A lender who acquires an interest in your property in a foreclosure, repossession, or abandonment should
send you Form 1099-A showing the information
you need to figure your loss from the forecloChapter 9
Dispositions of Property Used in Farming
57
Useful Items
You may want to see:
Publication
544 Sales and Other Dispositions
of Assets
Table 9-1. Where To First Report Certain Items on Form 4797
1
544
Form (and Instructions)
Held 1 year
or less
Type of property
2
4797 Sales of Business Property
4797
Depreciable trade or business property:
a Sold or exchanged at a gain . . . . . .
b Sold or exchanged at a loss . . . . . .
. . . . . . . . . . . . . .
. . . . . . . . . . . . . .
Farmland held less than 10 years for which soil or water
expenses were deducted:
a Sold at a gain . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Sold at a loss . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
. . .
Held more than
1 year
Part II
Part II
Part III (1245, 1250)
Part I
Part II
Part II
Part III (1252)
Part I
See How To Get Tax Help for information about
getting publications and forms.
3
All other farmland used in a trade or business
Part II
Part I
4
Part II
Part III (1255)
Section 1231 Gains and
Losses
Disposition of cost-sharing payment property described in
section 126
5
Cattle and horses used in a trade or business for draft,
breeding, dairy, or sporting purposes:
Section 1231 gains and losses are the taxable
gains and losses from section 1231 transactions (explained below). Their treatment as ordinary income or loss or capital gains depends on
whether you have a net gain or a net loss from
all of your section 1231 transactions in the tax
year.
If you have a gain from a section 1231 transaction, first determine whether any of the gain is
ordinary income under the depreciation (or
other) recapture rules explained later. Do not
take that gain into account as section 1231
gain. Only gain in excess of the recapture
amount is considered section 1231 gain. See
Treatment as ordinary or capital, later.
Section 1231 transactions. Section 1231
transactions are sales and exchanges of real or
depreciable property used in trade or business
and held the required holding period (based on
type of asset, as discussed below). Gain or loss
on the following transactions is subject to section 1231 treatment.
• Sale or exchange of cattle and horses.
The cattle and horses must be held for
draft, breeding, dairy, or sporting purposes
and held for 24 months or longer.
• Sale or exchange of other livestock.
This livestock must be held for draft,
breeding, dairy, or sporting purposes and
held for 12 months or longer. Other livestock includes hogs, mules, sheep, goats,
donkeys, and other fur-bearing animals.
Other livestock does not include poultry.
• Sale or exchange of depreciable real
property or personal property. This
property must be used in your business
and held longer than 1 year. Generally,
property held for the production of rents or
royalties is considered to be used in a
trade or business. This property must also
be either real property or is of a kind that is
subject to depreciation under section 167
of the Internal Revenue Code. Examples of
depreciable personal property include farm
machinery and trucks. It also includes amortizable section 197 intangibles.
• Sale or exchange of real estate. This
property must be used in your business
and held longer than 1 year. Examples include your farm or ranch (including barns
and sheds).
• Sale or exchange of unharvested
crops. The crop and land must be sold,
exchanged, or involuntarily converted at
58
Held less
than 24 mos.
a Sold at a gain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Sold at a loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c Raised cattle and horses sold at a gain . . . . . . . . . . . .
6
Part II
Part II
Part II
Livestock other than cattle and horses used in a trade or
business for draft, breeding, dairy, or sporting purposes:
•
•
•
•
Real or tangible trade or business property which was
deducted under the de minimis safe harbor . . . . . . .
Part II
Part II
Part II
Held 12 mos.
or more
Part III (1245)
Part I
Part I
Held 1 year
or less
. . . . .
the same time and to the same person,
and the land must have been held longer
than 1 year. You cannot keep any right or
option to reacquire the land directly or indirectly (other than a right customarily incident to a mortgage or other security transaction). Growing crops sold with a
leasehold on the land, even if sold to the
same person in a single transaction, is not
considered a section 1231 transaction.
Distributive share of partnership gains
and losses. Your distributive share must
be from the sale or exchange of property
listed above and held by the partnership for
longer than 1 year (or for the required period for certain livestock). You will receive
Schedule K-1 (Form 1065) showing the appropriate classification of any gains or losses distributed to you.
Cutting or disposal of timber. Special
rules apply if you owned the timber longer
than 1 year and elect to treat timber cutting
as a sale or exchange, or you enter into a
cutting contract, as described in chapter 8
under Timber.
Condemnation. The condemned property
(defined in chapter 11) must have been
held longer than 1 year. It must be business property or a capital asset held in
connection with a trade or business or a
transaction entered into for profit, such as
investment property. It cannot be property
held for personal use.
Casualty or theft. The casualty or theft
must have affected business property,
property held for the production of rents or
royalties, or investment property (such as
notes and bonds). You must have held the
property longer than the required holding
period. However, if your casualty or theft
losses are more than your casualty or theft
gains, the net casualty or theft loss is fully
deductible and is not combined with other
Chapter 9
Part III (1245)
Part I
Part I
Held less
than 12 mos.
a Sold at a gain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Sold at a loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c Raised livestock sold at a gain . . . . . . . . . . . . . . . . . .
7
Held 24 mos.
or more
Dispositions of Property Used in Farming
Part II
Held more than
1 year
Part II
section 1231 transactions in the section
1231 computation. Section 1231 does not
apply to personal casualty gains and losses. See chapter 11 for information on how
to treat those gains and losses.
If the property is not held for the required holding period, the transaction
CAUTION is not subject to section 1231 treatment, and any gain or loss is ordinary income
reported in Part II of Form 4797. See Table 9-1.
!
Treatment as ordinary or capital. To determine the treatment of section 1231 gains and
losses, combine all of your section 1231 gains
and losses for the year.
• If you have a net section 1231 loss, it is an
ordinary loss.
• If you have a net section 1231 gain, it is ordinary income up to your nonrecaptured
section 1231 losses from previous years,
explained next. The rest, if any, is
long-term capital gain.
Nonrecaptured section 1231 losses.
Your nonrecaptured section 1231 losses are
your net section 1231 losses for the previous 5
years that have not been applied against a net
section 1231 gain. Therefore, if in any of your 5
preceding tax years you had section 1231 losses, a net gain for the current year from the sale
of section 1231 assets is ordinary gain to the
extent of your prior losses. These losses are applied against your net section 1231 gain beginning with the earliest loss in the 5-year period.
Example. In 2024, you have a $20,000 net
section 1231 gain. To figure how much you have
to report as ordinary income and long-term capital gain, you must first determine your section
1231 gains and losses from the previous 5-year
period. From 2019 through 2023, you had the
following section 1231 gains and losses.
Publication 225 (2024)
Year
2019
2020
2021
2022
2023
Amount
-0-0($25,000)
-0$18,000
You used this information to figure how to report your net section 1231 gain for 2024 as
shown below.
1. Net section 1231 gain (2024) . . . . . $20,000
2. Net section 1231 loss
(2021) . . . . . . . . . . . . . . ($25,000)
3. Net section 1231 gain
(2023) . . . . . . . . . . . . . . $18,000
4. Remaining net section
1231 loss from
prior 5 years . . . . . . . . . ($7,000)
5. Gain treated as
$7,000
ordinary income . . . . . . . . . . . . . . .
6. Gain treated as long-term
capital gain . . . . . . . . . . . . . . $13,000
Your remaining net section 1231 loss from
2021 is completely recaptured in 2024.
Property held for sale to customers. A sale,
exchange, or involuntary conversion of property
held mainly for sale to customers is not a section 1231 transaction. If you will get back all, or
nearly all, of your investment in the property by
selling it rather than by using it up in your business, it is property held mainly for sale to customers.
Property deducted under the de minimis
safe harbor for tangible property. If you deducted the cost of a property under the de minimis safe harbor for tangible property (currently
$2,500 or less, or $5,000 or less, if you have an
applicable financial statement), then upon its
sale or disposition, this property is not treated
as a capital asset or as property used in the
trade or business under section 1231. Generally, any gain on the disposition of this property
is treated as ordinary income reported on Part II
of Form 4797.
Depreciation Recapture
If you dispose of depreciable property (section
1245 or section 1250 property) or amortizable
property at a gain, you may have to treat all or
part of the gain (even if it is otherwise nontaxable) as ordinary income. Any remaining gain is
section 1231 gain (discussed earlier).
To figure any gain that must be reported as ordinary income, you must keep
RECORDS permanent records of the facts necessary to figure the depreciation or amortization
allowed or allowable on your property. For more
information on depreciation recapture, see
chapter 3 of Pub. 544. Also see Pub. 946.
Section 1245 Property
A gain on the disposition of section 1245 property is treated as ordinary income to the extent
Publication 225 (2024)
of depreciation allowed or allowable. Any recognized gain that is more than the part that is ordinary income is a section 1231 gain.
Section 1245 property includes any property
that is or has been subject to an allowance for
depreciation or amortization and that is any of
the following types of property.
1. Personal property (either tangible or intangible).
2. Other tangible property (except buildings
and their structural components) used as
any of the following. See Buildings and
structural components, later.
a. An integral part of manufacturing, production, or extraction, or of furnishing
certain services.
b. A research facility in any of the activities in (a).
c. A facility in any of the activities in (a)
above, for the bulk storage of fungible
commodities (discussed later).
3. Where applicable, that part of real property (not included in (2)) with an adjusted
basis reduced by (but not limited to) the
following.
a. Amortization of certified pollution control facilities.
b. The section 179 expense deduction.
c. Deduction for clean-fuel vehicles and
certain refueling property.
d. Expenditures to remove architectural
and transportation barriers to the
handicapped and elderly.
e. Certain reforestation expenditures (as
described under Reforestation Costs
in chapter 7).
4. Single-purpose agricultural (livestock) or
horticultural structures.
5. Storage facilities (except buildings and
their structural components) used in distributing petroleum or any primary product
of petroleum.
Buildings and structural components. Section 1245 property does not include buildings
and structural components. The term “building”
includes a house, barn, warehouse, or garage.
The term “structural component” includes walls,
floors, windows, doors, central air conditioning
systems, light fixtures, etc.
Do not treat a structure that is essentially
machinery or equipment as a building or structural component. Also, do not treat a structure
that houses property used as an integral part of
an activity as a building or structural component
if the structure's use is so closely related to the
property's use that the structure can be expected to be replaced when the property it initially
houses is replaced.
The fact that the structure is specially designed to withstand the stress and other demands of the property and cannot be used economically for other purposes indicates it is
closely related to the use of the property it
houses. Structures such as oil and gas storage
tanks, grain storage bins, and silos are not treated as buildings, but as section 1245 property.
Chapter 9
Dispositions of Property Used in Farming
Facility for bulk storage of fungible commodities. This is a facility used mainly for the
bulk storage of fungible commodities. Bulk storage means storage of a commodity in a large
mass before it is used. For example, if a facility
is used to store oranges that have been sorted
and boxed, it is not used for bulk storage. To be
fungible, a commodity must be such that each
of its parts is essentially interchangeable, and
each of its parts is indistinguishable from another part.
Gain Treated as Ordinary Income
The gain treated as ordinary income on the
sale, exchange, or involuntary conversion of
section 1245 property, including a sale and
leaseback transaction, is the lesser of the following amounts.
1. The depreciation (which includes any section 179 deduction claimed) and amortization allowed or allowable on the property.
2. The gain realized on the disposition (the
amount realized from the disposition minus the adjusted basis of the property).
See chapter 3 of Pub. 544 for more information
on dispositions of section 1245 property.
Use Part III of Form 4797 to figure the ordinary income part of the gain.
Depreciation claimed on other property or
claimed by other taxpayers. Depreciation
and amortization include the amounts you
claimed on the section 1245 property as well as
the following depreciation and amortization
amounts.
• Amounts you claimed on property you exchanged for, or converted to, your section
1245 property in an applicable like-kind exchange or involuntary conversion. For details on exchanges of property that are not
taxable, see Like-Kind Exchanges in chapter 8.
• Amounts a previous owner of the section
1245 property claimed if your basis is determined with reference to that person's
adjusted basis (for example, the donor's
depreciation deductions on property you
received as a gift).
Depreciation and amortization. Depreciation
and amortization deductions that must be recaptured as ordinary income include (but are
not limited to) the following items. See Depreciation Recapture in chapter 3 of Pub. 544 for
more details.
1. Ordinary depreciation deductions.
2. The section 179 expense deduction (see
chapter 7).
3. Any special depreciation allowance.
4. Amortization deductions for any of the following costs.
a. Acquiring a lease.
b. Lessee improvements.
c. Pollution control facilities.
d. Reforestation expenses.
e. Section 197 intangibles.
59
f. Qualified disaster expenses.
g. Franchises, trademarks, and trade
names acquired before August 11,
1993.
Example. You file your returns on a calendar year basis. In February 2022, you bought
and placed in service for 100% use in your
farming business a light-duty truck (5-year property) that cost $30,000. You used the half-year
convention and your MACRS deductions for the
truck were $6,000 in 2022 and $9,600 in 2023.
You did not claim the section 179 expense deduction for the truck. You sold it in May 2024 for
$21,000. The MACRS deduction in 2024, the
year of sale, is $2,880 (1/2 of $5,760). Figure the
gain treated as ordinary income as follows.
1. Amount realized . . . . . . . . . . . . . . . . . .
2. Cost (February 2022) . . . . . . . $30,000
3. Depreciation allowed or
allowable (MACRS deductions:
18,480
$6,000 + $9,600 + $2,880) . . .
4. Adjusted basis (subtract line 3
from line 2) . . . . . . . . . . . . . . . . . . . . .
5. Gain realized (subtract line 4
from line 1) . . . . . . . . . . . . . . . . . . . . .
6. Gain treated as ordinary income
(lesser of line 3 or line 5) . . . . . . . .
$21,000
$11,520
$9,480
$9,480
Depreciation allowed or allowable. You generally use the greater of the depreciation allowed or allowable when figuring the part of
gain to report as ordinary income. If, in prior
years, you have consistently taken proper deductions under one method, the amount allowed for your prior years will not be increased
even though a greater amount would have been
allowed under another proper method. If you did
not take any deductions in prior years for depreciation, your adjustments to basis for depreciation allowable are figured by using the straight
line method. This treatment applies only when
figuring what part of the gain is treated as ordinary income under the rules for section 1245
depreciation recapture. For more information on
depreciation allowed or allowable, see chapter 7. For information on adjustments to basis
for depreciation allowed or allowable, see chapter 6.
Disposition of plants. If you elect not to use
the uniform capitalization rules (see chapter 6),
you must treat any plant that would have been
subject to the uniform capitalization rules as
section 1245 property. If you have a gain on the
property's disposition, you must recapture the
pre-productive expenses you would have capitalized if you had not made the election by treating the gain, up to the amount of these expenses, as ordinary income. For section 1231
transactions, show these expenses as depreciation on Form 4797, Part III, line 22. For plant
sales that are reported on Schedule F (Form
1040), Profit or Loss From Farming, this recapture rule does not change the reporting of income because the gain is already ordinary income. You can use the farm-price method
discussed in chapter 2 to figure these expenses.
Example. You sold your apple orchard in
2024 for $80,000. Your adjusted basis at the
time of sale was $60,000. You bought the
60
orchard in 2017, but the trees did not produce a
crop until 2020. Your pre-productive expenses
were $6,000. You elected not to use the uniform
capitalization rules. You must treat $6,000 of the
gain as ordinary income in addition to recapturing depreciation allowed or allowable on the orchard. This amount would be reported on Form
4797, Part III, as ordinary income.
price and the payments you receive in the year
of sale to each asset. Report any depreciation
recapture income in the year of sale before using the installment method for any remaining
gain.
See Uniform Capitalization Rules in
chapter 6 for more information regardCAUTION ing electing out of, or being exempt
from, using the uniform capitalization rules.
Other Dispositions
!
Section 1250 Property
Section 1250 property includes all real property
subject to an allowance for depreciation that is
not and never has been section 1245 property.
It includes buildings and structural components
that are not section 1245 property (discussed
earlier). It includes a leasehold of land or section 1250 property subject to an allowance for
depreciation. A fee simple interest in land is not
section 1250 property because, like land, it is
not depreciable.
Gain on the disposition of section 1250
property is treated as ordinary income to the extent of additional depreciation allowed or allowable. To determine the additional depreciation
on section 1250 property, see Depreciation Recapture in chapter 3 of Pub. 544.
Use Part III of Form 4797 to figure the ordinary income part of the gain.
You will not have additional depreciation if
any of the following apply to the property disposed of.
• You figured depreciation for the property
using the straight line method or any other
method that does not result in depreciation
that is more than the amount figured by the
straight line method and you have held the
property longer than 1 year.
• You chose the alternate ACRS (straight
line) method for the property, which was a
type of 15-, 18-, or 19-year real property
covered by the section 1250 rules.
• The property was nonresidential real property placed in service after 1986 (or after
July 31, 1986, if the choice to use MACRS
was made) and you held it longer than 1
year. These properties are depreciated using the straight line method.
Installment Sale
If you report the sale of property under the installment method, any depreciation recapture
under section 1245 or 1250 is taxable as ordinary income in the year of sale. This applies
even if no payments are received in that year. If
the gain is more than the depreciation recapture
income, report the rest of the gain using the
rules of the installment method. For this purpose, include the recapture income in your installment sale basis to determine your gross
profit on the installment sale.
If you dispose of more than one asset in a
single transaction, you must separately figure
the gain on each asset so that it may be properly reported. To do this, allocate the selling
Chapter 9
Dispositions of Property Used in Farming
For more information on installment sales,
see chapter 10.
See chapter 3 of Pub. 544 for the tax treatment
of the following transfers of depreciable property.
• By gift.
• At death.
• In like-kind exchanges.
• In involuntary conversions.
Also, see Pub. 544 for information on how to
handle a single transaction involving multiple
properties.
Other Gains
This section discusses gain on the disposition
of farmland for which you were allowed either of
the following.
• Deductions for soil and water conservation
expenditures (section 1252 property).
• Exclusions from income for certain
cost-sharing payments (section 1255 property).
Section 1252 property. If you disposed of
farmland you held more than 1 year and less
than 10 years at a gain and you were allowed
deductions for soil and water conservation expenses for the land, as discussed in chapter 5,
you must treat part of the gain as ordinary income and treat the balance as section 1231
gain.
Exceptions. Do not treat gain on the following transactions as gain on section 1252 property.
• Disposition of farmland by gift.
• Transfer of farm property at death (except
for income in respect of a decedent).
For more information, see Regulations section
1.1252-2.
Amount to report as ordinary income.
You report as ordinary income the lesser of the
following amounts.
• Your gain (determined by subtracting the
adjusted basis from the amount realized
from a sale, exchange, or involuntary conversion, or the fair market value for all other
dispositions).
• The total deductions allowed for soil and
water conservation expenses multiplied by
the applicable percentage, discussed next.
Applicable percentage. The applicable
percentage is based on the length of time you
held the land. If you dispose of your farmland
within 5 years after the date you acquired it, the
percentage is 100%. If you dispose of the land
within the sixth through ninth years 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 fifth year. If you dispose of the land 10 or more years after you
Publication 225 (2024)
acquired it, the percentage is 0%, and the entire
gain is a section 1231 gain.
Example. You acquired farmland on January 19, 2016. You incurred $15,000 of soil and
water conservation expenditures for the land
that were fully deductible. On October 5, 2024,
you sold the land at a $30,000 gain. The applicable percentage is 40% because you sold the
land within the eighth year after you acquired it.
You treat $6,000 (40% of $15,000) of the
$30,000 gain as ordinary income and the
$24,000 balance as a section 1231 gain.
Section 1255 property. If you receive certain
cost-sharing payments on property and you exclude those payments from income (as discussed in chapter 3), you may have to treat part
of any gain as ordinary income and treat the
balance as a section 1231 gain. If you chose
not to exclude these payments, you will not
have to recognize ordinary income under this
provision.
Amount to report as ordinary income.
You report as ordinary income the lesser of the
following amounts.
• The applicable percentage of the total excluded cost-sharing payments.
• The gain on the disposition of the property.
You do not report ordinary income under this
rule to the extent the gain is recognized as ordinary income under sections 1231 through 1254,
1256, and 1257. However, if applicable, gain reported under this rule must be reported regardless of any contrary provisions (including nonrecognition provisions) under any other section.
installment sale, you may be able to report part
of your gain when you receive each payment.
This method of reporting gain is called the installment method. You can’t use the installment
method to report a loss. You can choose to report all of your gain in the year of sale.
Installment obligation. The buyer’s obligation
to make future payments to you can be in the
form of a deed of trust, note, land contract,
mortgage, or other evidence of the buyer’s debt
to you.
Topics
This chapter discusses:
• The general rules that apply to using the
installment method, and
• Installment sale of a farm.
Useful Items
You may want to see:
Publication
523 Selling Your Home
523
537 Installment Sales
Form 4797, Part III. Use Form 4797, Part III, to
figure the ordinary income part of a gain from
the sale, exchange, or involuntary conversion of
section 1252 property and section 1255 property.
10.
Installment
Sales
Introduction
An installment sale is a sale of property where
you receive at least one payment after the tax
year of the sale. If you realize a gain on an
Publication 225 (2024)
If you report the sale of property on the
installment method, any depreciation
CAUTION recapture under section 1245 or 1250
is generally taxable as ordinary income in the
year of sale. See Depreciation recapture, later.
This applies even if no payments are received in
that year.
!
Related parties. If you sell depreciable property to a related person and the sale is an installment sale, you may not be able to report the
sale using the installment method. If you sell
property to a related person and the related person disposes of the property before you receive
all payments with respect to the sale, you may
have to treat the amount realized by the related
person as received by you when the related
person disposes of the property. The definition
of related parties differs based on which of
these applies. For more information, see Related Person under Sale to a Related Person in
Pub. 537.
537
538 Accounting Periods and Methods
538
544 Sales and Other Dispositions of
Assets
544
551 Basis of Assets
551
Form (and Instructions)
4797 Sales of Business Property
4797
Applicable percentage. The applicable
percentage of the excluded cost-sharing payments to be reported as ordinary income is
based on the length of time you hold the property after receiving the payments. If the property
is held less than 10 years after you receive the
payments, the percentage is 100%. After 10
years, the percentage is reduced by 10% a
year, or part of a year, until the rate is 0%.
property used in the business.) Separate computations must be made to figure the gain or
loss for each class of asset sold. See Sale of a
Farm in chapter 8.
6252 Installment Sale Income
6252
8594 Asset Acquisition Statement Under
Section 1060
Installment Method
An installment sale is a sale of property where
you receive at least one payment after the tax
year of the sale. A farmer who isn’t required to
maintain an inventory can use the installment
method to report gain from the sale of property
used or produced in farming. See Inventory,
later, for information on the sale of farm property
where inventory items are included in the assets sold.
8594
8949 Sales and Other Dispositions of
Capital Assets
8949
See How To Get Tax Help for information about
getting publications and forms.
Installment Sale of a
Farm
The installment sale of a farm for one overall
price under a single contract isn’t the sale of a
single asset. It generally includes the sale of
real property and personal property reportable
on the installment method. It may also include
the sale of property for which you must maintain
an inventory, which can’t be reported on the installment method. See Inventory, later. The selling price must be allocated to determine the
amount received for each class of asset.
Note. You may be required to report the
sale of your farm on Form 8594. For more information, see Form 8594 and its instructions.
The tax treatment of the gain or loss on the
sale of each class of asset is determined by its
classification as a capital asset, as property
used in the business, or as property held for
sale and by the length of time the asset was
held. (See chapter 8 for a discussion of capital
assets and chapter 9 for a discussion of
Chapter 10
Installment Sales
If a sale qualifies as an installment sale, the
gain must be reported under the installment
method unless you elect out of using the installment method.
Electing out of the installment method. If
you elect not to use the installment method, you
generally report the entire gain in the year of
sale, even though you don’t receive all the sale
proceeds in that year.
To make this election, don’t report your sale
on Form 6252. Instead, report it on Schedule F
(Form 1040), Schedule D (Form 1040), Form
4797, or all three.
You may also need to file Form 8949 along
with Schedule D (Form 1040), Capital Gains
and Losses. For more information, see Form
8949 and its instructions.
When to elect out. Make this election by
the due date, including extensions, for filing
your tax return for the year the sale takes place.
However, if you timely file your tax return for
the year the sale takes place without making the
election, you can still make the election by filing
an amended return within 6 months of the due
date of the return (excluding extensions). Enter
“Filed pursuant to section 301.9100-2” at the
top of the amended return. File the amended return at the same address you filed the original
return. If you electronically filed your Form 1040
or 1040-SR, you may electronically file the Form
1040-X.
61
Revoking the election. Once made, the
election can be revoked only with IRS approval.
An approved revocation is retroactive.
The taxpayer can’t revoke the election if either of the following applies.
• One of the purposes is to avoid federal income tax.
• The tax year in which any payment was received has closed.
To revoke the election, you must obtain a private letter ruling from the IRS. The procedures
and user fees for obtaining a private letter ruling
are published annually in the first revenue procedure issued each calendar year. For 2024, go
to IRS.gov/irb/2024-1_IRB#RP-2024-1.
Send your request for a private letter ruling,
including the applicable user fee, to the IRS following the instructions in section 7 of Revenue
Procedure 2024-1. A schedule of the current
user fees is available in Appendix A of Revenue
Procedure 2024-1, starting on page 85.
Inventory. If you aren’t required to maintain
(keep a record of beginning and ending) inventories under your method of accounting, you
can report gain from the sale of farm inventory
using the installment method. Complete Form
6252 to figure the amount of installment gain to
report each year from the sale of farm inventory
and carry that amount to line 8 of Schedule F
(Form 1040).
If you are required to maintain inventories
under your method of accounting, you can’t report gain from the sale of farm inventory using
the installment method. All gain or loss on the
sale of farm inventory must be reported in the
year of sale, even if you receive payment in later
years. If inventory items are included in an installment sale, you may have an agreement
stating which payments are for inventory and
which are for the other assets being sold. If you
don’t, each payment must be allocated between
the inventory and the other assets sold.
More information. See Inventory under
Sale of a Business in Pub. 537 for more information.
Sale at a loss. If your sale results in a loss, you
can’t use the installment method. If the loss is
on an installment sale of business assets, you
can deduct it only in the tax year of sale.
Figuring Installment Sale
Income
Each payment on an installment sale usually
consists of the following three parts.
• Interest income.
• Return of your adjusted basis in the property.
• Gain on the sale.
In each year you receive a payment, you must
include in income both the interest part and the
part that is your gain on the sale. Don’t include
in income the part that is the return of your basis
in the property. Basis is the amount of your investment in the property for installment sale
purposes.
Interest income. You must report interest as
ordinary income. Interest generally isn’t included in a down payment. However, you may
62
Worksheet 10-1. Figuring Adjusted Basis and Gross Profit Percentage
Keep for Your Records
1. Enter the selling price for the property . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter your adjusted basis for the property . . . . . . . . . . . . .
3. Enter your selling expenses . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter any depreciation recapture . . . . . . . . . . . . . . . . . . . . .
5. Add lines 2, 3, and 4.
This is your adjusted basis
for installment sale purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 1. If zero or less, enter -0-.
This is your gross profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the amount entered on line 6 is zero, stop here. You can’t use
the installment method.
7. Enter the contract price for the property . . . . . . . . . . . . . . . . . . . . . . .
8. Divide line 6 by line 7. This is your gross
profit percentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
have to treat part of each later payment as interest, even if it isn’t called interest in your agreement with the buyer. Interest provided in the
agreement is called stated interest. If the agreement doesn’t provide for enough stated interest,
there may be unstated interest or original issue
discount (OID). See Unstated interest, later.
You must continue to report the interest
income on payments you receive in
CAUTION subsequent years as interest income
whether it’s stated or unstated.
!
Adjusted basis and installment sale income
(gain on sale). After you have determined how
much of each payment to treat as interest, you
treat the rest of each payment as if it were made
up of two parts.
• A tax-free return of your adjusted basis in
the property.
• Your gain (referred to as “installment sale
income” on Form 6252).
Figuring adjusted basis and gross profit
percentage for installment sale purposes.
You can use Worksheet 10-1 to figure your adjusted basis in the property for installment sale
purposes. When you have completed the worksheet, you will also have determined the gross
profit percentage necessary to figure your installment sale income (gain) for this year.
1. Selling price. The selling price is the total
cost of the property to the buyer and includes the following.
• Any money you’re to receive.
• The fair market value (FMV) of any
property you’re to receive (FMV is
discussed under Property used as a
payment, later).
• Any existing mortgage or other debt
the buyer pays, assumes, or takes the
property subject to (a note, a mortgage, or any other liability, such as a
lien, accrued interest, or taxes you
owe on the property).
• Any of your selling expenses the
buyer pays.
Chapter 10
Installment Sales
Don’t include stated interest, unstated
interest, any amount recomputed or recharacterized as interest, or OID in the
selling price.
2. Adjusted basis. Your adjusted basis in
property immediately before the installment sale is your original basis increased
or reduced as a result of various events
while you own the property.
• Some events, such as adding rooms
or making permanent improvements,
increase basis. Others, such as deductible casualty losses or depreciation previously allowed or allowable,
decrease basis.
• The way you figure your original basis
depends on how you acquire the
property. The basis of property you
buy is generally its cost. The basis of
property you inherit, receive as a gift,
build yourself, or receive in a tax-free
exchange is figured differently. See
chapter 6 and Pub. 551 for more information.
• Generally, your adjusted basis in
raised farm products, such as grain or
market livestock, is zero.
3. Selling expenses. Selling expenses relate to the sale of the property. Review the
closing statement for fees, which may
qualify as selling expenses. These may include appraisal fees, attorney fees, closing
fees, document preparation fees, escrow
fees, mortgage satisfaction fees, notary
fees, points paid by the seller to obtain financing for the buyer, real estate broker’s
commission, recording fees (if paid by the
seller), costs of removing title clouds, settlement fees, title search fees, and transfer
or stamp taxes charged by city, county, or
state governments.
4. Depreciation recapture. If the property
you sold was depreciable property:
• You may need to recapture part of the
gain on the sale as ordinary income,
and
Publication 225 (2024)
• See Depreciation Recapture in chapter 9 and Depreciation Recapture Income in Pub. 537.
5. Adjusted basis for installment sale
purposes. Your adjusted basis for installment sale purposes is the total of the following three items.
• Adjusted basis.
• Selling expenses.
• Depreciation recapture.
6. Gross profit. Gross profit is the total gain
you report on the installment method.
• To figure your gross profit, subtract
your adjusted basis for installment
sale purposes from the selling price.
• If the property you sold was your
home, subtract from the gross profit
any gain you can exclude. See Pub.
523 for more information.
7. Contract price. Contract price equals:
• The selling price, minus
• The amount of any mortgages, debts,
and other liabilities assumed or taken
by the buyer, plus
• The amount, if any, by which the
mortgages, debts, and other liabilities
assumed or taken by the buyer exceed your adjusted basis for installment sale purposes.
8. Gross profit percentage. A certain percentage of each payment (after subtracting interest) is reported as installment sale
income. This percentage is called the
gross profit percentage and is figured by
dividing your gross profit from the sale by
the contract price.
• The gross profit percentage generally
remains the same for each payment
you receive. However, see Example
under Selling price reduced, later, for
a situation where the gross profit percentage changes.
Example. You sell property at a contract
price of $60,000 and your gross profit is
$15,000. Your gross profit percentage is 25%
($15,000 ÷ $60,000). After subtracting interest
from each payment, you report 25% of each
payment, including the down payment, as installment sale income from the sale for the tax
year you receive the payment. The remainder
(balance) of each payment is the tax-free return
of your adjusted basis.
Amount to report as installment sale income. Multiply the payments you receive each
year (less interest) by the gross profit percentage. The result is your installment sales income
for the tax year. In certain circumstances, you
may be treated as having received a payment,
even though you received nothing directly. A receipt of property or the assumption of a mortgage on the property sold may be treated as a
payment. For a detailed discussion, see Payments Received or Considered Received, later.
Worksheet 10-2. New Gross Profit Percentage — Selling Price Reduced
Keep for Your Records
1. Enter the reduced selling
price for the property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter your adjusted
basis for the
property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Enter your selling
expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter any depreciation
recapture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Add lines 2, 3, and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 1.
This is your adjusted
gross profit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Enter any installment sale
income reported in
prior year(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. Subtract line 7 from line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Future installments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Divide line 8 by line 9.
This is your new
gross profit percentage* . . . . . . . . . . . . . . . . . . . . . . . . . . . .
* Apply this percentage to all future payments to determine how much of each of those payments is installment sale
income.
gross profit percentage for the remaining payments. Refigure your gross profit using Worksheet 10-2. You will spread any remaining gain
over future installments.
Example. In 2022, you sold land with a basis of $40,000 for $100,000. Your gross profit
was $60,000. You received a $20,000 down
payment and the buyer’s note for $80,000. The
note provides for monthly payments of $1,953
each, figured at 8% interest, amortized over 4
years, beginning in January 2023. Your gross
profit percentage was 60%. You received the
down payment of $20,000 in 2022 and total
payments of $23,436 in 2023, of which $17,675
was principal and $5,761 was interest according to the amortization schedule. You reported a
gain of $12,000 on the down payment received
in 2022 and $10,605 ($17,675 x 60% (0.60)) in
2023.
In January 2024, you and the buyer agreed
to reduce the purchase price to $85,000; and
payments during 2024, 2025, and 2026 are reduced to $1,483 a month amortized over the remaining 3 years.
The new gross profit percentage, 47.32%, is
figured in Example — Worksheet 10-2.
Keep for Your Records
1.
2.
3.
4.
5.
6.
Enter the reduced selling
price for the property . .
Enter your adjusted
basis for the
property . . . . . . . . . .
Enter your selling
expenses . . . . . . . . .
Enter any depreciation
recapture . . . . . . . . .
Add lines 2, 3, and 4 . .
. . . . . . . .
. .
40,000
. .
-0-
-0. .
. . . . . . . .
8.
Subtract line 5 from line 1.
This is your adjusted
gross profit . . . . . . . . . . . . . . .
Enter any installment sale
income reported in
prior year(s) . . . . . . . . . . . . . . .
Subtract line 7 from line 6 . . . . . . . .
9.
Future installments
7.
85,000
40,000
45,000
22,605
22,395
. . . . . . . . . . .
47,325
10. Divide line 8 by line 9.
This is your new
gross profit percentage* . . . . . . .
47.32%
* Apply this percentage to all future payments to determine
how much of each of those payments is installment sale
income.
You will report installment sale income of
$6,878 (47.32% of $14,535) in 2024, $7,449
(47.32% of $15,742) in 2025, and $8,067
(47.32% of $17,048) in 2026.
Selling price reduced. If the selling price
is reduced at a later date, the gross profit on the
sale will also change. You must then refigure the
Publication 225 (2024)
Example —
New Gross Profit
Worksheet 10-2. Percentage — Selling Price Reduced
Chapter 10
Installment Sales
63
Form 6252. Use Form 6252 to report an installment sale in the year it takes place and to report
payments received, or considered received because of related party resales, in later years. Attach it to your tax return for each year.
Disposition of Installment
Obligation
A disposition generally includes a sale, exchange, cancellation, bequest, distribution, or
transmission of an installment obligation. An installment obligation is the buyer’s note, deed of
trust, or other evidence that the buyer will make
future payments to you.
If you’re using the installment method and
you dispose of the installment obligation, you
will generally have a gain or loss to report. It’s
considered gain or loss on the sale of the property for which you received the installment obligation.
Cancellation. If an installment obligation is
canceled or otherwise becomes unenforceable,
it’s treated as a disposition other than a sale or
exchange. Your gain or loss is the difference between your basis in the obligation and its FMV
at the time you cancel it. If the parties are related, the FMV of the obligation is considered to
be no less than its full face value.
Transfer due to death. The transfer of an installment obligation (other than to a buyer) as a
result of the death of the seller isn’t a disposition. Any unreported gain from the installment
obligation isn’t treated as gross income to the
decedent. No income is reported on the decedent’s return due to the transfer. It is income in
respect of a decedent. Whoever receives the installment obligation as a result of the seller’s
death is taxed on the installment payments the
same as the seller would’ve been had the seller
lived to receive the payments.
However, if the installment obligation is canceled, becomes unenforceable, or is transferred
to the buyer because of the death of the holder
of the obligation, it’s a disposition. The estate
must figure its gain or loss on the disposition. If
the holder and the buyer were related, the FMV
of the installment obligation is considered to be
no less than its full face value.
More information. For more information,
see Disposition of an Installment Obligation in
Pub. 537.
Sale of depreciable property. You generally
can’t report gain from the sale of depreciable
property to a related person on the installment
method. However, see Related parties under Installment Sale of a Farm, earlier.
You generally can’t use the installment
method to report any depreciation recapture income. However, you can report any gain greater
than the recapture income on the installment
method.
The recapture income reported in the year of
sale is included in your installment sale basis to
determine your gross profit on the installment
sale.
Figure your depreciation recapture income
(including the section 179 deduction and the
section 179A deduction recapture) in Part III of
64
Form 4797. As instructed on the form, transfer
the depreciation recapture income to Part II of
Form 4797 as ordinary income in the year of
sale.
If you sell depreciable business prop-
TIP erty, prepare Form 4797 first in order to
figure the amount to enter on Form
6252, Part I, line 12. See the Form 6252 instructions for details.
For more information on the section 179 deduction, see Section 179 Expense Deduction in
chapter 7. For more information on depreciation
recapture, see Depreciation Recapture in chapter 9.
Payments Received or
Considered Received
You must figure your gain each year on the payments you receive, or are treated as receiving,
from an installment sale.
In certain situations, you’re considered to
have received a payment, even though the
buyer doesn’t pay you directly. These situations
occur when the buyer assumes or pays any of
your debts, such as a loan, or pays any of your
expenses, such as a sales commission. However, as discussed later, the buyer’s assumption
of your debt is treated as a recovery of basis,
rather than as a payment, in many cases.
Buyer pays seller’s expenses. If the buyer
pays any of your expenses related to the sale of
your property, it’s considered a payment to you
in the year of sale. Include these expenses in
the selling and contract prices when figuring the
gross profit percentage.
Buyer assumes mortgage. If the buyer assumes or pays off your mortgage, or otherwise
takes the property subject to the mortgage, the
following rules apply.
Mortgage less than basis. If the buyer assumes a mortgage that isn’t more than your installment sale basis in the property, it isn’t considered a payment to you. It’s considered a
recovery of your basis. The contract price is the
selling price minus the mortgage.
Example. You sell property with an adjusted basis of $19,000. You have selling expenses
of $1,000. The buyer assumes your existing
mortgage of $15,000 and agrees to pay you
$10,000 (a cash down payment of $2,000 and
$2,000 (plus 8% interest) in each of the next 4
years).
The selling price is $25,000 ($15,000 +
$10,000). Your gross profit is $5,000 ($25,000 −
$20,000 installment sale basis). The contract
price is $10,000 ($25,000 − $15,000 mortgage).
Your gross profit percentage is 50% ($5,000 ÷
$10,000). You report half of each $2,000 payment received as gain from the sale. You also
report all interest you receive as ordinary income.
Mortgage more than basis. If the buyer
assumes a mortgage that is more than your installment sale basis in the property, you recover
your entire basis. The part of the mortgage
greater than your basis is treated as a payment
received in the year of sale.
Chapter 10
Installment Sales
To figure the contract price, subtract the
mortgage from the selling price. This is the total
amount (other than interest) you will receive directly from the buyer. Add to this amount the
payment you’re considered to have received
(the difference between the mortgage and your
installment sale basis). The contract price is
then the same as your gross profit from the
sale.
If the mortgage the buyer assumes is
TIP equal to or more than your installment
sale basis, the gross profit percentage
will always be 100%.
Example. The selling price for your property is $90,000. The buyer will pay you $10,000
annually (plus 8% interest) over the next 3 years
and assume an existing mortgage of $60,000.
Your adjusted basis in the property is $44,000.
You have selling expenses of $6,000, for a total
installment sale basis of $50,000. The part of
the mortgage that is more than your installment
sale basis is $10,000 ($60,000 − $50,000). This
amount is included in the contract price and
treated as a payment received in the year of
sale. The contract price is $40,000:
Selling price
Minus: Mortgage
$90,000
(60,000)
Amount actually received
$30,000
Add difference:
Mortgage
Minus: Installment sale basis
Contract price
$60,000
(50,000)
10,000
$40,000
Your gross profit on the sale is also $40,000:
Selling price
Minus: Installment sale basis
$90,000
(50,000)
Gross profit
$40,000
Your gross profit percentage is 100%. Report 100% of each payment (less interest) as
gain from the sale. Treat the $10,000 excess of
the mortgage over your installment sale basis
as a payment and report 100% of it as gain in
the year of sale.
Buyer assumes other debts. If the buyer assumes any other debts, such as a loan or back
taxes, it may be considered a payment to you in
the year of sale.
If the buyer assumes the debt instead of
paying it off, only part of it may have to be treated as a payment. Compare the debt to your installment sale basis in the property being sold.
If the debt is less than your installment sale basis, none of it is treated as a payment. If it’s
more, only the difference is treated as a payment. If the buyer assumes more than one debt,
any part of the total that is more than your installment sale basis is considered a payment.
These rules are the same as the rules discussed earlier under Buyer assumes mortgage.
However, they apply only to the following types
of debt the buyer assumes.
• Those acquired from ownership of the
property you’re selling, such as a mortgage, a lien, overdue interest, or back
taxes.
• Those acquired in the ordinary course of
your business, such as a balance due for
inventory you purchased.
Publication 225 (2024)
Property used as a payment. If you receive
property rather than money from the buyer, it’s
still considered a payment in the year received.
However, see Trading property for like-kind
property, later. Generally, the amount of the
payment is the property’s FMV on the date you
receive it.
Exception. If the property the buyer gives
you is payable on demand or readily tradable
(see examples later), the amount you should
consider as payment in the year received is:
• The FMV of the property on the date you
receive it if you use the cash method of accounting;
• The face amount of the obligation on the
date you receive it if you use an accrual
method of accounting; or
• The stated redemption price at maturity
less any OID or, if there is no OID, the stated redemption price at maturity appropriately discounted to reflect total unstated interest. See Unstated interest, later.
Examples. If you receive a note from the
buyer as payment, and the note stipulates that
you can demand payment from the buyer at any
time, the note is payable on demand. If you receive marketable securities from the buyer as
payment, and you can sell the securities on an
established securities market (such as the New
York Stock Exchange) at any time, the securities are readily tradable. In these examples,
use the above rules to determine the amount
you should consider as payment in the year received.
Debt not payable on demand. Any evidence of debt you receive from the buyer that
isn’t payable on demand isn’t considered a payment. This is true even if the debt is guaranteed
by a third party, including a government agency.
Fair market value (FMV). This is the price
at which property would change hands between
a willing buyer and a willing seller, neither being
under any compulsion to buy or sell and both
having a reasonable knowledge of all the necessary facts.
Third-party note. If the property the buyer
gives you is a third-party note (or other obligation of a third party), you’re considered to have
received a payment equal to the note’s FMV.
Because the FMV of the note is itself a payment
on your installment sale, any payments you later
receive from the third party aren’t considered
payments on the sale. The excess of the note’s
face value over its FMV is interest. Exclude this
interest in determining the selling price of the
property. However, see Exception under Property used as a payment, earlier.
Example. You sold real estate in an installment sale. As part of the down payment, the
buyer assigned to you a $50,000, 8% third-party
note. The FMV of the third-party note at the time
of the sale was $30,000. This amount, not
$50,000, is a payment to you in the year of sale.
Publication 225 (2024)
The third-party note had an FMV equal to 60%
of its face value ($30,000 ÷ $50,000), so 60% of
each principal payment you receive on this note
is a nontaxable return of capital. The remaining
40% is interest taxed as ordinary income.
Bond. A bond or other evidence of debt
you receive from the buyer that is payable on
demand or readily tradable in an established
securities market is treated as a payment in the
year you receive it. For more information on the
amount you should treat as a payment, see Exception under Property used as a payment, earlier.
If you receive a government or corporate
bond for a sale before October 22, 2004, and
the bond has interest coupons attached or can
be readily traded in an established securities
market, you’re considered to have received payment equal to the bond’s FMV. However, see
Exception under Property used as a payment,
earlier.
Buyer’s note. The buyer’s note (unless
payable on demand) isn’t considered payment
on the sale. However, its full face value is included when figuring the selling price and the contract price. Payments you receive on the note
are used to figure your gain in the year received.
Sale to a related person. If you sell depreciable property to a related person and the sale is
an installment sale, you may not be able to report the sale using the installment method. For
information on these rules, see the Instructions
for Form 6252 and Related parties under Installment Sale of a Farm, earlier.
Trading property for like-kind property. If
you trade business or investment real property
solely for other business or investment real
property of a like kind, you can postpone reporting the gain from the trade. These trades are
known as like-kind exchanges. The property
you receive in a like-kind exchange is treated as
if it were a continuation of the property you gave
up. A trade isn’t a like-kind exchange if the property you trade or the property you receive is
property you hold primarily for sale to customers. See Like-Kind Exchanges in chapter 8 for a
discussion of like-kind property.
If, in addition to like-kind property, you receive an installment obligation in the exchange,
the following rules apply to determine installment sale income each year.
• The contract price is reduced by the FMV
of the like-kind property received in the
trade.
• The gross profit is reduced by any gain on
the trade that can be postponed.
• Like-kind property received in the trade
isn’t considered payment on the installment obligation.
Unstated interest. An installment sale contract may provide that each deferred payment
on the sale will include interest or that there will
be an interest payment in addition to the principal payment. Interest provided in the contract is
called stated interest.
If an installment sale contract doesn’t provide for adequate stated interest, section 483
provides that part of the stated principal amount
of the contract may be recharacterized as interest. This interest is called unstated interest.
Chapter 10
Installment Sales
If section 1274 applies to the contract, this
interest is called original issue discount (OID).
Generally, if a buyer gives a debt in consideration for personal-use property, the unstated
interest rules don’t apply to the buyer. Therefore, the buyer can’t deduct the unstated interest. The seller must report the unstated interest
as income. Personal-use property is any property in which substantially all of its use by the
buyer isn’t in connection with a trade or business or an investment activity.
If the debt is subject to section 483 rules and
is also subject to the below-market loan rules,
such as a gift loan, compensation-related loan,
or corporation-shareholder loan, then both parties are subject to the below-market loan rules
rather than the unstated interest rules.
Unstated interest reduces the stated selling
price of the property and the buyer’s basis in the
property. It increases the seller’s interest income and the buyer’s interest expense.
In general, an installment sale contract provides for adequate stated interest if the stated
interest rate (based on an appropriate compounding period) is at least equal to the applicable federal rate (AFR).
The AFRs are published monthly in the
Internal Revenue Bulletin (IRB). You
can access the IRBs at IRS.gov/
Guidance.
More information. For more information,
see Unstated Interest and Original Issue Discount (OID) in Pub. 537.
Example
On January 3, 2024, you sold your farm, including the home, farmland, and buildings. You received $50,000 down and the buyer’s note for
$200,000. In addition, the buyer assumed an
outstanding $50,000 mortgage on the farmland.
The total selling price was $300,000. The note
payments of $25,000 each, plus adequate interest, are due every July 1 and January 1, beginning in July 2024. Your selling expenses were
$15,000.
Adjusted basis and depreciation. The adjusted basis and depreciation claimed on each asset sold are as follows:
Seller’s Depreciation
Basis
Claimed
Adjusted
Basis
,
If the buyer assumes any other type of debt,
such as a personal loan or your legal fees relating to the sale, it’s treated as if the buyer had
paid off the debt at the time of the sale. The
value of the assumed debt is then considered a
payment to you in the year of sale.
Home*
Farmland
Buildings
$33,743
73,610
66,630
$0
0
31,500
$33,743
73,610
35,130
* Owned and used as main home for at least 2 of the 5 years
prior to the sale.
Adjusted basis for installment sale purposes. To determine the adjusted basis for installment sale purposes, prorate the selling expense
based on the relative FMV of each asset and
add it to the adjusted basis (see above).
65
Home*
Farmland
Buildings
Selling
Expense
Adjusted
Basis
Adjusted
Basis for
Installment
Sale
$3,000
8,250
3,750
$33,743
73,610
35,130
$36,743
81,860
38,880
$15,000
$142,483
$157,483
* Owned and used as main home for at least 2 of the 5 years
prior to the sale.
Depreciation recapture. The buildings are
section 1250 property. There may be specific
rules for depreciation recapture of buildings
(1250 property) using the straight-line method.
See chapter 9 for more information on depreciation recapture.
Special rules may apply when you sell section 1250 assets depreciated under the
straight-line method. See the Unrecaptured
Section 1250 Gain Worksheet in the Instructions for Schedule D (Form 1040). As payments
are received on the installment sale, unrecognized 1250 gain must be recognized before any
section 1231 gain is recognized. See chapter 3
of Pub. 544 for more information on section
1250 assets.
Gross profit. The following table shows each
asset reported on the installment method, its
selling price, adjusted basis for installment sale,
gain, and gross profit.
Home
Farmland
Buildings
Selling
Price
$60,000
165,000
75,000
$300,000
Adjusted
Basis
$36,743
81,860
38,880
Gain
$23,257
83,140
36,120
Gross
Profit
$0
83,140
36,120
$157,483 $142,517 $119,260
Home. The gain on the home ($23,257) is
excluded from your income because it qualifies
for the exclusion of gain from the sale of a principal residence. Therefore, don’t include that
gain when you figure your gross profit percentage.
Section 1231 gains. The gain on the farmland
and buildings is reported as section 1231 gains.
See Section 1231 Gains and Losses in chapter 9.
Contract price and gross profit percentage.
The contract price is $250,000. This is calculated by subtracting the $50,000 mortgage assumed from the $300,000 selling price.
Gross profit percentage for the sale is
47.704% ($119,260 gross profit ÷ $250,000
contract price). The gross profit percentage for
each asset is figured as follows:
Home
Farmland ($83,140 ÷ $250,000)
Buildings ($36,120 ÷ $250,000)
Total
Percent
0
33.256
14.448
$25,000 payment on July 1). The installment
sale part of the total payments received in 2024
is also $75,000. Figure the gain to report for
each asset by multiplying its gross profit percentage times $75,000.
Home
Farmland (33.256% × $75,000)
Buildings (14.448% × $75,000)
Income
$0
24,942
10,836
Total installment income for 2024
$35,778
Reporting the sale. Report the installment
sale on three separate Forms 6252. One form
should be filed for each component of the sale.
Then, report the amounts from Form 6252 on
Form 4797 and Schedule D (Form 1040). Attach a separate page to each Form 6252 that
shows the computations in the example.
$300,000
(157,483)
Gross profit
$119,260
Gain reported in 2024 (year of sale)
Gain reported in 2025:
$50,000 × 47.704%
Gain reported in 2026:
$50,000 × 47.704%
Gain reported in 2027:
$50,000 × 47.704%
Gain reported in 2028:
$25,000 × 47.704%
Total gain reported
(23,257)
$35,778
23,852
23,852
23,852
11,926
$119,260
If you sell depreciable business prop-
TIP erty, prepare Form 4797 first in order to
6252.
figure the amount to enter on Form
Section 1231 gains. The gains on the
farmland and buildings are section 1231 gains.
They are combined with any other section 1231
gains and losses. A net section 1231 gain is
capital gain and a net section 1231 loss is an
ordinary loss.
Installment income for years after 2024.
You figure installment income for the years after
2024 by applying the same gross profit percentages to the payments you receive each year. If
you receive $50,000 during the year, the entire
$50,000 is considered received on the installment sale (100% × $50,000). You realize income as follows:
Home
Farmland (33.256% × $50,000)
Buildings (14.448% × $50,000)
Income
$0
16,628
7,224
Total installment income
$23,852
In this example, no gain is ever recognized
from the sale of your home. You will combine
your section 1231 gains from this sale with section 1231 gains and losses from other sales in
each of the later years to determine whether to
report them as ordinary or capital gains. The interest received with each payment will be included in full as ordinary income.
Note. Refer to Pub. 523 to determine
whether or not the sale of the personal residence will result in a taxable event.
Summary. The installment income (rounded to the nearest dollar) from the sale of the
farm is reported as follows:
47.704
Figuring the gain to report on the installment method. One hundred percent (100%)
of each payment is reported on the installment
method. The total amount received on the sale
in 2024 is $75,000 ($50,000 down payment +
66
Selling price
Minus: Adjusted basis for installment
reporting
Minus: Excluded gain from home
Chapter 11
Casualties, Thefts, and Condemnations
11.
Casualties,
Thefts, and
Condemnations
Reminder
Special rules for qualified disaster losses.
Special rules apply to federally declared disaster area losses. A federally declared disaster is
a disaster that occurred in an area declared by
the President to be eligible for federal assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
See Disaster Area Losses, later, and Pub.
547, Casualties, Disasters, and Thefts, for more
information on the special relief. Also, see
IRS.gov/DisasterTaxRelief for more information.
Introduction
This chapter explains the tax treatment of casualties, thefts, and condemnations. A casualty
occurs when property is damaged, destroyed,
or lost due to a sudden, unexpected, or unusual
event. A theft occurs when property is stolen. A
condemnation occurs when private property is
legally taken for public use without the owner's
consent. A casualty, theft, or condemnation may
result in a deductible loss or taxable gain on
your federal income tax return. You may have a
deductible loss or a taxable gain even if only a
portion of your property was affected by a casualty, theft, or condemnation.
An involuntary conversion occurs when you
receive money or other property as reimbursement for a casualty, theft, condemnation, disposition of property under threat of condemnation,
or certain other events discussed in this chapter.
If an involuntary conversion results in a gain
and you buy qualified replacement property
Publication 225 (2024)
within the specified replacement period, you
can postpone reporting the gain on your income
tax return. For more information, see Postponing Gain, later.
Topics
This chapter discusses:
•
•
•
•
•
•
•
Casualties and thefts
How to figure a loss or gain
Other involuntary conversions
Postponing gain
Disaster area losses
Reporting gains and losses
Drought involving property connected with
a trade or business or a transaction
entered into for profit
Useful Items
You may want to see:
Publication
523 Selling Your Home
523
525 Taxable and Nontaxable Income
525
536 Net Operating Losses (NOLs) for
Individuals, Estates, and Trusts
536
542 Corporations
542
544 Sales and Other Dispositions of
Assets
544
547 Casualties, Disasters, and Thefts
Casualty. A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual.
• A sudden event is one that is swift, not
gradual or progressive.
• An unexpected event is one that is ordinarily unanticipated and unintended.
• An unusual event is one that isn't a
day-to-day occurrence and that isn't typical
of the activity in which you were engaged.
Deductible losses. Deductible casualty
losses can result from a number of different
causes, including the following.
• Airplane crashes.
• Car, truck, or farm equipment accidents not
resulting from your willful act or willful negligence.
• Earthquakes.
• Fires (but see Nondeductible losses next
for exceptions).
• Floods.
• Freezing.
• Government-ordered demolition or relocation of a home that is unsafe to use because of a disaster, as discussed under
Disaster Area Losses in Pub. 547.
• Lightning.
• Storms, including hurricanes and tornadoes.
• Terrorist attacks.
• Vandalism.
• Volcanic eruptions.
547
584 Casualty, Disaster, and Theft Loss
Workbook (Personal-Use Property)
584
584-B Business Casualty, Disaster, and
Theft Loss Workbook
584-B
976 Disaster Relief
976
Form (and Instructions)
Sch A (Form 1040) Itemized
Deductions
Sch A (Form 1040)
Sch D (Form 1040) Capital Gains and
Losses
Sch D (Form 1040)
Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)
4684 Casualties and Thefts
4684
4797 Sales of Business Property
4797
See How To Get Tax Help for information about
getting publications and forms.
Casualties and Thefts
For tax years 2018 through 2025, personal casualty and theft losses of an inCAUTION dividual are deductible only to the extent they're attributable to a federally declared
disaster. An exception to the rule limiting the deduction for personal casualty and theft losses to
federal disaster losses applies where you have
personal casualty gains to the extent the losses
don't exceed your gains.
!
If your property is destroyed, damaged, or
stolen, you may have a deductible loss. If the insurance or other reimbursement is more than
the adjusted basis of the destroyed, damaged,
or stolen property, you may have a taxable gain.
Publication 225 (2024)
Note. For tax years 2018 through 2025, if
you are an individual and you have a loss of
personal-use property caused by one the
events listed above, or other casualties or
thefts, this loss is deductible only if it is attributable to a federally declared disaster. See Pub.
547 for more information.
Example. The event causing you to suffer a
personal casualty loss occurred before January
1, 2018, but the casualty loss was not sustained
until January 1, 2018, or later. If this loss was
not attributed to a federally declared disaster, it
is not deductible.
Nondeductible losses. A casualty loss
isn't deductible if the damage or destruction is
caused by the following.
• Accidentally breaking articles such as
glassware or china under normal conditions.
• A family pet (explained below).
• A fire if you willfully set it, or pay someone
else to set it.
• A car, truck, or farm equipment accident if
your willful negligence or willful act caused
it. The same is true if the willful act or willful
negligence of someone acting for you
caused the accident.
• Progressive deterioration (explained below).
Family pet. Loss of property due to damage by a family pet isn't deductible as a casualty loss unless the requirements discussed
above under Casualty are met.
Example. You keep your horse in your yard.
The ornamental fruit trees in your yard were
damaged when your horse stripped the bark
Chapter 11
Casualties, Thefts, and Condemnations
from them. Some of the trees were completely
girdled and died. Because the damage wasn't
unexpected or unusual, the loss isn't deductible.
Progressive deterioration. Loss of property due to progressive deterioration isn't deductible as a casualty loss. This is because the
damage results from a steadily operating cause
or a normal process, rather than from a sudden
event. Examples of damage due to progressive
deterioration include damage from rust, corrosion, or termites. However, weather-related conditions or disease may cause another type of involuntary conversion. See Other Involuntary
Conversions, later.
Theft. A theft is the taking and removing of
money or property with the intent to deprive the
owner of it. The taking of property must be illegal under the law of the state where it occurred
and it must have been done with criminal intent.
You don't need to show a conviction for theft.
Theft includes the taking of money or property by the following means.
• Blackmail.
• Burglary.
• Embezzlement.
• Extortion.
• Kidnapping for ransom.
• Larceny.
• Robbery.
• Threats.
• Timber trespass.
The taking of money or property through fraud
or misrepresentation is theft if it is illegal under
state or local law.
Decline in market value of stock. You
can't deduct as a theft loss the decline in market
value of stock acquired on the open market for
investment if the decline is caused by disclosure of accounting fraud or other illegal misconduct by the officers or directors of the corporation that issued the stock. However, you may be
able to deduct it as a capital loss on Schedule D
(Form 1040) if the stock is sold or exchanged or
becomes completely worthless. You report a
capital loss on Schedule D (Form 1040). For
more information about stock sales, worthless
stock, and capital losses, see chapter 4 of Pub.
550.
Mislaid or lost property. The simple disappearance of money or property isn't a theft.
However, an accidental loss or disappearance
of property can qualify as a casualty if it results
from an identifiable event that is sudden, unexpected, or unusual.
Example. A car door is accidentally slammed on your hand, breaking the setting of your
diamond ring. The diamond falls from the ring
and is never found. The loss of the diamond is a
casualty.
Farm Property Losses
You can deduct certain casualty or theft losses
that occur in the business of farming. The following is a discussion of some losses you can
deduct and some you can't deduct.
67
Livestock or produce bought for resale.
Casualty or theft losses of livestock or produce
bought for resale are deductible on Schedule F
(Form 1040) if you report your income on the
cash method. If you report your income on an
accrual method, take casualty and theft losses
on property bought for resale by omitting the
item from the closing inventory for the year of
the loss. You can't take a separate deduction.
dairy, or sport by casualty or theft during the
year, decrease ending inventory by the amount
you included in inventory for the animal. You
can't take a separate deduction.
How To Figure a Loss
How you figure a deductible casualty or theft
loss depends on whether the loss was to farm
or personal-use property and whether the property was stolen or partly or completely destroyed.
Livestock, plants, produce, and crops
raised for sale. Losses of livestock, plants,
produce, and crops raised for sale are generally
not deductible if you report your income on the
cash method. You have already deducted the
cost of raising these items as farm expenses, so
their basis is equal to zero.
For plants with a preproductive period of
more than 2 years, you may have a deductible
loss if you have a tax basis in the plants. You
usually have a tax basis if you capitalized the
expenses associated with these plants under
the uniform capitalization rules. The uniform
capitalization rules are discussed in chapter 6.
If you report your income on an accrual
method, casualty or theft losses are deductible
only if you included the items in your inventory
at the beginning of your tax year. You get the
deduction by omitting the item from your inventory at the close of your tax year. You can't take
a separate casualty or theft deduction.
destroyed business property and to figure your loss.
Income loss. A loss of future income isn't deductible.
If your farm property was partially damaged,
use the following steps to figure your casualty
loss.
Example. A severe flood destroyed your
crops. Because you are a cash method taxpayer and already deducted the cost of raising
the crops as farm expenses, this loss isn't deductible, as explained above under Livestock,
plants, produce, and crops raised for sale. You
estimate that the crop loss will reduce your farm
income by $25,000. This loss of future income
is also not deductible.
Loss of timber. If you sell timber downed as a
result of a casualty, you may have a reportable
gain. If you use the proceeds to buy qualified replacement property, you can postpone reporting
the gain. See Timber loss in the section Postponing Gain, later.
Property used in farming. Casualty and theft
losses of property used in your farm business
usually result in deductible losses. If a fire or
storm destroyed your barn, or you lose by casualty or theft farm equipment or an animal you
bought for draft, breeding, dairy, or sport, you
may have a deductible loss. See How To Figure
a Loss, later.
Raised draft, breeding, dairy, or sporting
animals. Generally, losses of raised draft,
breeding, dairy, or sporting animals don't result
in deductible casualty or theft losses because
you have no basis in the animals. However, you
may have a basis in the animal and therefore
may be able to claim a deduction, if you report
your income using the accrual method, use inventories to determine your income, and included the animals in your inventory.
When you include livestock in inventory, its
last inventory value is its basis. When you lose
an inventoried animal held for draft, breeding,
68
Farm property. Farm property is the property
you use in your farming business. If your farm
property was completely destroyed or stolen,
your loss is figured as follows:
Your adjusted basis in the property
MINUS
Any salvage value
MINUS
Any insurance or other reimbursement you
receive or expect to receive
You can use the schedules in Pub.
TIP 584-B to list your stolen, damaged, or
1. Determine your adjusted basis in the property before the casualty or theft.
2. Determine the decrease in fair market
value of the property as a result of the
casualty or theft.
3. From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you receive
or expect to receive.
Personal-use property. For tax years 2018
through 2025, personal casualty and theft losses of an individual are deductible only to the
extent they're attributable to a federally declared
disaster. An exception to the rule limiting the deduction for personal casualty and theft losses to
federal disaster losses applies where you have
personal casualty gains to the extent the losses
don't exceed your gains.
Personal-use property is property used by
you or your family members for personal purposes and not used in your farm business or for income-producing purposes. The following items
are examples of personal-use property.
• Your main home.
• Furniture and electronics used in your main
home and not used in a home office or for
business purposes.
• Clothing and jewelry.
• An automobile used for nonbusiness purposes.
You figure the casualty or theft loss on this property by taking the following steps.
1. Determine your adjusted basis in the property before the casualty or theft.
Chapter 11
Casualties, Thefts, and Condemnations
2. Determine the decrease in fair market
value of the property as a result of the
casualty or theft.
3. From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you receive
or expect to receive.
You must apply the deduction limits, discussed
later, to determine your deductible loss.
You can use Pub. 584 to list your stolen
TIP or damaged personal-use property and
figure your loss. It includes schedules
to help you figure the loss on your home, its
contents, and your motor vehicles.
Adjusted basis. Adjusted basis is your basis (usually cost) increased or decreased by
various events, such as improvements and
casualty losses. For more information about adjusted basis, see chapter 6.
Decrease in fair market value (FMV).
The decrease in FMV is the difference between
the property's value immediately before the
casualty or theft and its value immediately afterward. FMV is defined in chapter 10 under Payments Received or Considered Received.
Appraisal. To figure the decrease in FMV
because of a casualty or theft, you generally
need a competent appraisal. But other measures, such as the cost of cleaning up or making
repairs and certain safe harbor methods, can be
used to establish decreases in FMV.
An appraisal to determine the difference between the FMV of the property immediately before a casualty or theft and immediately afterward should be made by a competent
appraiser. The appraiser must recognize the effects of any general market decline that may occur along with the casualty. This information is
needed to limit any deduction to the actual loss
resulting from damage to the property.
Note. Several factors are important in evaluating the accuracy of an appraisal. See Pub.
547 for additional details regarding appraisals.
Cost of cleaning up or making repairs.
The cost of cleaning up after a casualty isn't
part of a casualty loss. Neither is the cost of repairing damaged property after a casualty. But
you can use the cost of cleaning up or making
repairs after a casualty as a measure of the decrease in FMV if you meet all the following conditions.
• The repairs are actually made.
• The repairs are necessary to bring the
property back to its condition before the
casualty.
• The amount spent for repairs isn't excessive.
• The repairs fix the damage only.
• The value of the property after the repairs
is not, due to the repairs, more than the
value of the property before the casualty.
Landscaping. The cost of restoring landscaping to its original condition after a casualty
may indicate the decrease in FMV. You may be
Publication 225 (2024)
able to measure your loss by what you spend
on the following.
• Removing destroyed or damaged trees
and shrubs, minus any salvage you
receive.
• Pruning and other measures taken to preserve damaged trees and shrubs.
• Replanting necessary to restore the property to its approximate value before the
casualty.
Safe harbor methods for individual taxpayers to determine casualty and theft losses. Revenue Procedure 2018-08, 2018-2
IRS.gov/IRB/
I.R.B.
286,
available
at
2018-02_IRB#RP-2018-08, provides safe harbor methods that you may use to figure the
amount of your casualty and theft losses of your
personal-use residential real property and personal belongings. If you qualify for and use a
safe harbor method described in Revenue Procedure 2018-08, the IRS won't challenge your
determination. The use of a safe harbor method
described in Revenue Procedure 2018-08 isn't
mandatory. For more information about this safe
harbor method, see Pub. 547.
Related expenses. The incidental expenses due to a casualty or theft, such as expenses
for the treatment of personal injuries, temporary
housing, or a rental car, aren't part of your casualty or theft loss. However, they may be deductible as farm business expenses if the damaged
or stolen property is farm property.
Separate computations for more than one
item of property. Generally, if a single casualty or theft involves more than one item of property, you must figure your loss separately for
each item of property. Then, combine the losses
to determine your total loss.
Example. A fire on your farm damaged a
tractor and the barn in which it was stored. The
tractor had an adjusted basis of $3,300. Its FMV
was $28,000 just before the fire and $10,000
immediately afterward. The barn had an adjusted basis of $28,000. Its FMV was $55,000 just
before the fire and $25,000 immediately afterward. You received insurance reimbursements
of $2,100 on the tractor and $26,000 on the
barn. Figure your deductible casualty loss separately for the two items of property.
Tractor
1) Adjusted basis
. . . . . . . . .
2) FMV before fire
3) FMV after fire .
. . . . . . . . .
. . . . . . . . .
4) Decrease in FMV
(line 2 − line 3) . . . . . . . . .
5) Loss (lesser of line 1 or
line 4) . . . . . . . . . . . . . . .
6) Minus: Insurance . . . . . . .
7) Deductible casualty loss
Barn
$3,300
$28,000
$28,000
10,000
$55,000
25,000
$18,000
$30,000
$3,300
2,100
$28,000
26,000
. . .
8) Total deductible casualty loss
$1,200
$2,000
. . . .
$3,200
You spent $10,800 restoring the tractor to its
pre-casualty condition and $30,000 restoring
the barn to its pre-casualty condition. Your adjusted basis in the tractor after the casualty is
$10,800 ($3,300 – $2,100 – $1,200 + $10,800).
Your adjusted basis in the barn after the casualty is $30,000 ($28,000 – $26,000 – $2,000 +
$30,000).
Publication 225 (2024)
Exception for personal-use real property. In figuring a casualty loss on personal-use
real property, the entire property (including any
improvements, such as buildings, trees, and
shrubs) is treated as one item. Figure the loss
using the smaller of the following.
• The decrease in FMV of the entire property.
• The adjusted basis of the entire property.
Example. You bought a farm in 2010 for
$300,000. The adjusted basis of the residential
part is now $64,000. In 2024, a tornado, which
was a federally declared disaster, blew down
shade trees and three ornamental trees planted
at a cost of $3,750 on the residential part. The
adjusted basis of the residential part includes
the $3,750. The FMV of the residential part immediately before the tornado was $120,000,
and $112,500 immediately after the tornado.
The trees weren’t covered by insurance. Your
adjusted gross income (AGI) for 2024 is
$55,000.
1)
2)
3)
4)
Adjusted basis . . . . . . . . . . . . . $64,000
FMV before the tornado . . . . . . $120,000
FMV after the tornado . . . . . . . . 112,500
Decrease in FMV (line 2
$7,500
− line 3) . . . . . . . . . . . . . . . . . . .
5) Loss before insurance
(lesser of line 1 or line 4) . . . . .
$7,500
6) Minus: Insurance . . . . . . . . . . .
-07) Loss before applying
$7,500
limits . . . . . . . . . . . . . . . .
As explained later under Deduction Limits on
Losses of Personal-Use Property, you have
to reduce the $7,500 amount by the
applicable limit or limits. As this loss is not a
qualified disaster loss, the applicable
limits would be $100 and 10% of your AGI.
Because this loss is not attributed to a
qualified disaster, your deductible loss would
be figured as follows.
8) Subtract $100 . . . . . . . . . . . . . .
9) Loss after $100 rule . . . . . . . . .
100
$7,400
10) Subtract 10% of $55,000
AGI . . . . . . . . . . . . . . . . . . . . . . . .
11) Casualty loss deduction . . .
5,500
$1,900
You never replaced the trees. Your adjusted
basis in the residential part of your property after the casualty is $62,100 ($64,000 - $1,900).
Insurance and other reimbursements. If you
receive an insurance or other type of reimbursement, you must subtract the reimbursement
when you figure your business or personal loss.
You don't have a casualty or theft loss to the extent you are reimbursed.
If you expect to be reimbursed for part or all
of your loss, you must subtract the expected reimbursement when you figure your loss. You
must reduce your loss even if you don't receive
payment until a later tax year.
Chapter 11
Casualties, Thefts, and Condemnations
Don't subtract from your loss any insurance payments you receive for living
CAUTION expenses if you lose the use of your
main home or are denied access to it because
of a casualty. You may have to include a portion
of these payments in your income. See Insurance payments for living expenses in Pub. 547
for details.
!
Reimbursement received after deducting loss. If you figure your casualty or theft loss
using your expected reimbursement, you may
have to adjust your tax return for the tax year in
which you get your actual reimbursement.
Actual reimbursement less than expected. If you later receive less reimbursement
than you expected, include that difference as a
loss with your other losses (if any) on your return for the year in which you can reasonably
expect no more reimbursement.
Actual reimbursement more than expected. If you later receive more reimbursement
than you expected after you have claimed a deduction for the loss, you may have to include the
extra reimbursement in your income for the year
you receive it. However, if any part of your original deduction didn't reduce your tax for the earlier year, don't include that part of the reimbursement in your income. Don't refigure your
tax for the year you claimed the deduction. See
Recoveries in Pub. 525 to find out how much
extra reimbursement to include in income.
If the total of all the reimbursements
you receive is more than your adjusted
CAUTION basis in the destroyed or stolen property, you will have a gain on the casualty or
theft. See Figuring a Gain in Pub. 547 for information on how to treat a gain from the reimbursement you receive because of a casualty or
theft.
!
Actual reimbursement same as expected. If you later receive exactly the reimbursement you expected to receive, you don't have to
include any of the reimbursement in your income and you can't deduct any additional loss.
Lump-sum reimbursement. If you have a
casualty or theft loss of several assets at the
same time without an allocation of reimbursement to specific assets, divide the lump-sum reimbursement among the assets according to
the FMV of each asset at the time of the loss.
Figure the gain or loss separately for each asset
that has a separate basis.
Disaster assistance. Food, medical supplies, and other forms of assistance you receive
don't reduce your casualty loss, unless they are
replacements for lost or destroyed property. Excludable cash gifts you receive also do not reduce your casualty loss if there are no restrictions on how you can use the money.
Generally, disaster relief grants received under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act aren't included in
your income. See Federal disaster relief grants,
later, under Disaster Area Losses.
Qualified disaster relief payments for expenses you incurred as a result of a federally declared disaster aren't taxable income to you.
See Qualified disaster relief payments, later, under Disaster Area Losses.
69
Adjustments to basis. If you have a casualty
or theft loss, you must decrease your basis in
the property by any insurance or other reimbursement you receive and by any deductible
loss. The result is your adjusted basis in the
property. If you make either of the basis adjustments described above, amounts you spend on
repairs to restore your property to its pre-casualty condition increase your adjusted basis. See
Adjusted Basis in chapter 6 for more information.
Example. You built a new grain storage facility for $50,000. This is the basis in your grain
storage facility because that is the total cost you
incurred to build it. During the year, a tornado
damaged your grain storage facility and your allowable casualty loss deduction was $2,000. In
addition, your insurance company reimbursed
you $8,000 for the damage and you spent
$12,000 to restore the grain storage facility to its
pre-casualty condition. Your adjusted basis in
the grain storage facility after the casualty is
$52,000 ($50,000 – $2,000 – $8,000 +
$12,000).
Deduction Limits on Losses
of Personal-Use Property
Casualty and theft losses of personal-use property may be deducted using Form 4684. For
more information see the Instructions for Form
4684. This deduction will be entered on Schedule A (Form 1040) as an itemized deduction but
you can increase your standard deduction by
qualified disaster losses if you elect not to itemize your deductions. See Increased standard
deduction reporting, later.
For tax years 2018 through 2025, casualty
and theft losses of personal-use property are
deductible only to the extent they're attributable
to a federally declared disaster.
An exception to the rule above (limiting the
personal casualty and theft loss deduction to
losses attributable to a federally declared disaster) applies if you have personal casualty gains
for the tax year. In this case, you may reduce
your personal casualty gains by any casualty
losses not attributable to a federally declared
disaster. Any excess gain is used to reduce losses from a federally declared disaster.
There are two limits on the deduction for
casualty or theft loss of personal-use property.
You figure these limits on Form 4684.
$100 rule. You must reduce each casualty or
theft loss on personal-use property by $100.
This rule applies after you have subtracted any
reimbursement.
10% rule. You must further reduce the total of
all your casualty or theft losses on personal-use
property by 10% of your AGI. Apply this rule after you reduce each loss by $100. AGI is reported on line 11 of Form 1040 or 1040-SR.
Example. In June, you discovered that your
house had been burglarized. Your loss after insurance reimbursement was $2,000. Your AGI
for the year you discovered the burglary is
$57,000. Figure your theft loss deduction as follows:
70
1) Loss after insurance
2) Subtract $100 . . . .
. . . . . . . . . . . . . . . .
$2,000
100
3) Loss after $100 rule . . . . . . . . . . . . . . . .
4) Subtract 10% (0.10) × $57,000 AGI . . . . .
$1,900
$5,700
. . . . . . . . . . . . . . .
5) Theft loss deduction
. . . . . . . . . .
-0-
You don't have a theft loss deduction because your loss ($1,900) is less than 10% of
your AGI ($5,700).
Please note this theft loss was not attributed to a major disaster declared by
CAUTION the President under section 401 of the
Stafford Act and therefore would not be a deductible loss.
!
If you have personal casualty losses
that were attributable to a major disasCAUTION ter declared by the President under
section 401 of the Stafford Act, your net casualty loss from this qualified disaster doesn’t
have to exceed 10% of your AGI to qualify for
the deduction. However, this disaster must meet
the following requirements:
!
• It must have been declared by the Presi-
dent during the period between January 1,
2020, and February 25, 2021.
• It must have an incident period that began
on or after December 28, 2019, or on or
before December 27, 2020, and ended no
later than January 25, 2021.
Also, the $100 limit per casualty is increased to
$500. For more information, see the Instructions
for Form 4684.
If you have a casualty or theft gain in
addition to a loss, you will have to make
CAUTION a special computation before you figure
your 10% limit. See 10% Rule in Pub. 547.
!
When Loss Is Deductible
Generally, you can deduct casualty losses that
aren't reimbursable only in the tax year in which
they occur. You can generally deduct theft losses that aren't reimbursable only in the year you
discover your property was stolen.
Example. In November 2023, engine parts
were stolen from Frank’s stored tractor. Frank
didn’t know that the theft occurred until March
2024, when he attempted to start the tractor.
Any theft loss to which Frank is entitled as a deduction will be deductible in the 2024 tax year.
Losses in federally declared disaster areas
are subject to different rules. See Disaster Area
Losses, later, for an exception.
If you aren't sure whether part of your casualty or theft loss will be reimbursed, don't deduct that part until the tax year when you become reasonably certain that it won’t be
reimbursed.
Leased property. If you lease property from
someone else, you can deduct a loss on the
property in the year your liability for the loss is
determined. This is true even if the loss occurred or the liability was paid in a different year.
You aren't entitled to a deduction until your liability under the lease can be determined with
reasonable accuracy. Your liability can be deterChapter 11
Casualties, Thefts, and Condemnations
mined when a claim for recovery is settled, adjudicated, or abandoned.
Example. Robert leased a tractor from First
Implement, Inc., for use in his farm business.
The tractor was destroyed by a tornado in June
2023. The loss wasn’t insured. First Implement
billed Robert for the FMV of the tractor on the
date of the loss. Robert disagreed with the bill
and refused to pay it. First Implement later filed
suit in court against Robert. In 2024, Robert and
First Implement agreed to settle the suit for
$20,000, and the court entered a judgment in
favor of First Implement. Robert paid $20,000 in
June 2024. He can claim the $20,000 as a loss
on his 2024 tax return.
Net operating loss (NOL). If your deductions,
including casualty or theft loss deductions, are
more than your income for the year, you may
have an NOL. See Pub. 536 for more information.
Generally, an NOL arising in a tax year
beginning in 2018 or later may not be
CAUTION carried back and instead must be carried forward indefinitely. However, farming losses resulting in an NOL, arising in tax years beginning in 2018 or later, may be carried back
two years and carried forward indefinitely.
!
Proof of Loss
To deduct a casualty or theft loss, you must be
able to prove that there was a casualty or theft.
You must have records to support the amount
you claim for the loss.
Casualty loss proof. For a casualty loss, your
records should show all the following information.
• That you were the owner of the property or,
if you leased the property from someone
else, that you were contractually liable to
the owner for the damage.
• The type of casualty (car accident, fire,
storm, etc.) and when it occurred.
• That the loss was a direct result of the
casualty.
• Whether a claim for reimbursement exists
for which there is a reasonable expectation
of recovery.
Theft loss proof. For a theft loss, your records
should show all the following information.
• That you were the owner of the property.
• That your property was stolen.
• When you discovered your property was
missing.
• Whether a claim for reimbursement exists
for which there is a reasonable expectation
of recovery.
Figuring a Gain
A casualty or theft may result in a taxable gain.
If you receive an insurance payment or other reimbursement that is more than your adjusted
basis in the destroyed, damaged, or stolen
property, you have a gain from the casualty or
theft. You generally report your gain as income
in the year you receive the reimbursement.
However, depending on the type of property you
Publication 225 (2024)
receive, you may not have to report your gain.
See Postponing Gain, later.
Your gain is figured as follows:
• The amount you receive, minus
• Your adjusted basis in the property at the
time of the casualty or theft.
Even if the decrease in FMV of your property
is smaller than the adjusted basis of your property, use your adjusted basis to figure the gain.
Amount you receive. The amount you receive
includes any money plus the value of any property you receive, minus any expenses you have
in obtaining reimbursement. It also includes any
reimbursement used to pay off a mortgage or
other lien on the damaged, destroyed, or stolen
property.
Example. A tornado severely damaged
your barn. The adjusted basis of the barn was
$25,000. Your insurance company reimbursed
you $40,000 for the damaged barn. However,
you had legal expenses of $2,000 to collect that
insurance. Your insurance minus your expenses
to collect the insurance is more than your adjusted basis in the barn, so you have a gain.
1) Insurance reimbursement
2) Legal expenses . . . . . .
. . . . . . . . . . .
$40,000
2,000
3) Amount received
(line 1 − line 2) . . . . . . . . . . . . . . . . . .
4) Adjusted basis . . . . . . . . . . . . . . . . . .
$38,000
25,000
5) Gain on casualty (line 3 − line 4) .
$13,000
. . . . . . . . . .
. . .
The adjusted basis of the barn after the
casualty is $0 ($25,000 + $13,000 – $38,000) if
you recognized gain and did not repair the barn.
Other Involuntary
Conversions
In addition to casualties and thefts, other events
cause involuntary conversions of property.
Some of these are discussed in the following
paragraphs.
Gain or loss from an involuntary conversion
of your property is usually recognized for tax
purposes. You report the gain or deduct the loss
on your tax return for the year you realize it.
However, depending on the type of property you
receive, you may not have to report your gain on
the involuntary conversion. See Postponing
Gain, later.
Condemnation
Condemnation is the process by which private
property is legally taken for public use without
the owner's consent. The property may be
taken by the federal government, a state government, a political subdivision, or a private organization that has the power to legally take
property. The owner receives a condemnation
award (money or property) in exchange for the
property taken. A condemnation is a forced
sale, the owner being the seller and the condemning authority being the buyer.
Threat of condemnation. Treat the sale of
your property under threat of condemnation as
Publication 225 (2024)
a condemnation, provided you have reasonable
grounds to believe that your property will be
condemned.
Main home condemned. If you have a gain
because your main home is condemned, you
generally can exclude the gain from your income as if you had sold or exchanged your
home. For information on this exclusion, see
Pub. 523. If your gain is more than the amount
you can exclude, but you buy replacement property, you may be able to postpone reporting the
excess gain. See Postponing Gain, later. (You
can't deduct a loss from the condemnation of
your main home.)
More information. For information on how to
figure the gain or loss on condemned property,
see chapter 1 in Pub. 544. Also, see Postponing
Gain, later, to find out if you can postpone reporting the gain.
Irrigation Project
The sale or other disposition of property located
within an irrigation project to conform to the
acreage limits of federal reclamation laws is an
involuntary conversion.
Livestock Losses
Diseased livestock. If your livestock die from
disease, or are destroyed, sold, or exchanged
because of disease, even though the disease
isn't of epidemic proportions, treat these occurrences as involuntary conversions. If the livestock were raised or purchased for resale, follow the rules for livestock discussed earlier
under Farm Property Losses. Otherwise, figure
the gain or loss from these conversions using
the rules discussed under Determining Gain or
Loss in chapter 8. If you replace the livestock,
you may be able to postpone reporting the gain.
See Postponing Gain below.
Reporting dispositions of diseased livestock. If you choose to postpone reporting
gain on the disposition of diseased livestock,
you must attach a statement to your return explaining that the livestock were disposed of because of disease. You must also include other
information on this statement. See How To
Postpone Gain, later, under Postponing Gain.
Weather-related sales of livestock. If you
sell or exchange livestock (other than poultry)
held for draft, breeding, or dairy purposes solely
because of drought, flood, or other weather-related conditions, treat the sale or exchange as
an involuntary conversion. Only livestock sold in
excess of the number you normally would sell
under usual business practice, in the absence
of weather-related conditions, are considered
involuntary conversions. Figure the gain or loss
using the rules discussed under Determining
Gain or Loss in chapter 8. If you replace the
livestock, you may be able to postpone reporting the gain. See Postponing Gain below.
Example. It is your usual business practice
to sell five of your dairy animals during the year.
This year, you sold 20 dairy animals because of
drought. The sale of 15 animals is treated as an
involuntary conversion.
Chapter 11
Casualties, Thefts, and Condemnations
If you don't replace the livestock, you
TIP may be able to report the gain in the
following year's income. This rule also
applies to other livestock (including poultry).
See Sales Caused by Weather-Related Conditions in chapter 3.
Tree Seedlings
If, because of an abnormal drought, the failure
of planted tree seedlings is greater than normally anticipated, you may have a deductible
loss. Treat the loss as a loss from an involuntary
conversion. The loss equals the previously capitalized reforestation costs you had to duplicate
on replanting. You deduct the loss on the return
for the year the seedlings died.
Postponing Gain
Don't report a gain if you receive reimbursement
in the form of property similar or related in service or use to the destroyed, stolen, or other involuntarily converted property. Your basis in the
new property is generally the same as your adjusted basis in the property it replaces.
You must generally report the gain on your
stolen, destroyed, or other involuntarily converted property if you receive money or unlike
property as reimbursement. However, you can
choose to postpone reporting the gain if you
purchase replacement property similar or related in service or use to your destroyed, stolen,
or other involuntarily converted property within a
specific replacement period.
If you have a gain on damaged property, you
can postpone reporting the gain if you spend an
amount at least equal to the reimbursement to
restore the property.
To postpone reporting all the gain, the cost
of your replacement property must be at least
as much as the reimbursement you receive. If
the cost of the replacement property is less than
the reimbursement, you must include the gain in
your income up to the amount of the unspent reimbursement. For more information about postponing gain on the replacement of damaged
property, see Code section 1033.
Example 1. In 2005, you constructed a
barn to store farm equipment at a cost of
$70,000. In 2010, you added a grain bin to the
barn at a cost of $30,000. In May of this year,
the property was worth $140,000. In June, the
barn and grain storage facility were destroyed
by a tornado. At the time of the tornado, you had
an adjusted basis of $0 in the property. You received $140,000 from the insurance company.
You had a gain of $140,000 ($140,000 – $0).
You spent $130,000 to rebuild the barn and
grain bin. Since this is less than the insurance
proceeds received, you must include $10,000
($140,000 – $130,000) in your income. You
choose to postpone the remaining $130,000
gain.
Example 2. In 2013, you bought a cabin in
the mountains for your personal use at a cost of
$70,000. You made no further improvements or
additions to it. When a storm destroyed the
71
cabin this January, the cabin was worth
$250,000. You received $146,000 from the insurance company in March. You had a gain of
$76,000 ($146,000 − $70,000).
You spent $144,000 to rebuild the cabin.
Since this is less than the insurance proceeds
received, you must include $2,000 ($146,000 −
$144,000) in your income. You choose to postpone reporting the remaining $74,000 gain.
Buying replacement property from a related
person. You can't postpone reporting a gain
from a casualty, theft, or other involuntary conversion if you buy the replacement property
from a related person (discussed later), and any
of the following taxpayers.
1. C corporations.
2. Partnerships in which more than 50% of
the capital or profits interest is owned by C
corporations.
3. Individuals, partnerships (other than those
in (2) above), and S corporations if the total realized gain for the tax year on all involuntarily converted properties on which
there are realized gains is more than
$100,000.
For involuntary conversions described in (3)
above, gains can't be offset by any losses when
determining whether the total gain is more than
$100,000. If the property is owned by a partnership, the $100,000 limit applies to the partnership and each partner. If the property is owned
by an S corporation, the $100,000 limit applies
to the S corporation and each shareholder.
Exception. This rule doesn’t apply if the related person acquired the property from an unrelated person within the period of time allowed
for replacing the involuntarily converted property.
Related persons. Under this rule, related
persons include, for example, a parent and
child, a brother and sister, a corporation and an
individual who owns more than 50% of its outstanding stock, and two partnerships in which
the same C corporations own more than 50% of
the capital or profits interests.
For more information on related persons,
see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2
of Pub. 544.
Death of a taxpayer. If a taxpayer dies after
realizing a gain, but before buying replacement
property, the gain must be reported for the year
in which the decedent realized the gain. The executor of the estate or the person succeeding to
the funds from the involuntary conversion can't
postpone reporting the gain by buying replacement property.
Replacement Property
You must buy replacement property for the specific purpose of replacing your property. Your replacement property must be similar or related in
service or use to the property it replaces. You
don't have to use the same funds you receive as
reimbursement for your old property to acquire
the replacement property. If you spend the
money you receive for other purposes, and
72
borrow money to buy replacement property, you
can still choose to postpone reporting the gain if
you meet the other requirements. Property you
acquire by gift or inheritance doesn’t qualify as
replacement property.
Owner-user. If you are an owner-user, similar
or related in service or use means that replacement property must function in the same way as
the property it replaces. Examples of property
that functions in the same way as the property it
replaces are a home that replaces another
home, a dairy cow that replaces another dairy
cow, and farm land that replaces other farm
land. A grinding mill that replaces a tractor
doesn’t qualify. Neither does a draft animal that
replaces a breeding or dairy cow.
Soil or other environmental contamination.
If, because of soil or other environmental contamination, it isn't feasible for you to reinvest
your insurance money or other proceeds from
destroyed or damaged livestock in property
similar or related in service or use to the livestock, you can treat other property (including
real property) used for farming purposes as
property similar or related in service or use to
the destroyed or damaged livestock.
Weather-related conditions. If, because of
drought, flood, or other weather-related conditions, it isn't feasible for you to reinvest the insurance money or other proceeds in property
similar or related in service or use to the livestock, you can treat other property (excluding
real property) used for farming purposes as
property similar or related in service or use to
the livestock you disposed of.
Example. Each year, you normally sell 25
cows from your beef herd. However, this year
you had to sell 50 cows. This is because a severe drought significantly reduced the amount
of hay and pasture yield needed to feed your
herd for the rest of the year. Because, as a result of the severe drought, it isn't feasible for you
to use the proceeds from selling the extra cows
to buy new cows, you can treat other property
(excluding real property) used for farming purposes as property similar or related in service or
use to the cows you sold.
Standing crop destroyed by casualty. If a
storm or other casualty destroyed your standing
crop and you use the insurance money to acquire either another standing crop or a harvested crop, this purchase qualifies as replacement
property. The costs of planting and raising a
new crop qualify as replacement costs for the
destroyed crop only if you use the crop method
of accounting (discussed in chapter 2). In that
case, the costs of bringing the new crop to the
same level of maturity as the destroyed crop
qualify as replacement costs to the extent they
are incurred during the replacement period.
Timber loss. Standing timber (not land) you
bought with the proceeds from the sale of timber downed as a result of a casualty, such as
high winds, earthquakes, or volcanic eruptions,
qualifies as replacement property. If you bought
the standing timber within the replacement period, you can postpone reporting the gain.
Chapter 11
Casualties, Thefts, and Condemnations
Business or income-producing property located in a federally declared disaster area.
If your destroyed business or income-producing
property was located in a federally declared disaster area, any tangible replacement property
you acquire for use in any business is treated as
similar or related in service or use to the destroyed property. For more information, see Disaster Area Losses in Pub. 547.
Substituting replacement property. Once
you have acquired qualified replacement property and have designated it as replacement
property in a statement attached to your tax return, you can't substitute other qualified replacement property. This is true even if you acquire
the other property within the replacement period. However, if you discover that the original
replacement property wasn’t qualified replacement property, you can, within the replacement
period, substitute the new qualified replacement
property.
Basis of replacement property. You must reduce the cost basis of your replacement property by the amount of postponed gain. In this
way, tax on the gain is postponed until you dispose of the replacement property. Amounts
paid for replacement property that exceed the
amount of the gain postponed can be depreciated.
Example. In 2024, you sold 50 cows with a
$0 basis due to severe drought. This is more
than the 25 cows you normally sell each year.
The proceeds from the sale of the additional 25
cows are $31,250. Because of the severe
drought, it isn’t feasible for you to use these proceeds to buy replacement cows. Instead, you
use the proceeds to buy a hay baler for
$40,000. You choose to postpone reporting the
$31,250 gain ($31,250 – $0) from the sale of the
cows. Therefore, the basis of the hay baler is
$8,750 ($40,000 – $31,250).
Replacement Period
To postpone reporting your gain, you must buy
replacement property within a specified period
of time. This is the replacement period.
The replacement period begins on the date
your property was damaged, destroyed, stolen,
sold, or exchanged. The replacement period
generally ends 2 years after the close of the first
tax year in which you realize any part of your
gain from the involuntary conversion.
Example. You are a calendar year taxpayer.
Farm equipment that cost $2,200 was stolen
from your farm. You discovered the theft when
you returned to your farm on November 11,
2023. Your insurance company investigated the
theft and didn’t settle your claim until January 3,
2024, when they paid you $3,000. You first realized a gain from the reimbursement for the theft
during 2024, so you have until December 31,
2026, to replace the property.
Main home in disaster area. For your main
home (or its contents) located in a federally declared disaster area, the replacement period
ends 4 years after the close of the first tax year
in which you realize any part of your gain from
Publication 225 (2024)
the involuntary conversion. See Disaster Area
Losses, later.
Weather-related sales of livestock in an
area eligible for federal assistance. For the
sale or exchange of livestock due to drought,
flood, or other weather-related conditions in an
area eligible for federal assistance, the replacement period ends 4 years after the close of the
first tax year in which you realize any part of
your gain from the sale or exchange. The IRS
may extend the replacement period on a regional basis if the weather-related conditions
continue for longer than 3 years.
For information on extensions of the replacement period because of persistent drought, see
Notice 2006-82, 2006-39 I.R.B. 529, available
at
https://www.irs.gov/irb/
2006-39_IRB#NOT-2006-82. For a list of counties for which exceptional, extreme, or severe
drought was reported during the 12 months
ending August 31, 2024, see Notice 2024-70,
available at https://www.irs.gov/pub/irs-drop/
n-24-70.pdf.
Condemnation. The replacement period for a
condemnation begins on the earlier of the following dates.
• The date on which you disposed of the
condemned property.
• The date on which the threat of condemnation began.
The replacement period generally ends 2 years
after the close of the first tax year in which any
part of the gain on the condemnation is realized. But see Main home in disaster area, earlier, for an exception.
Business or investment real property. If
real property held for use in a trade or business
or for investment (not including property held
primarily for sale) is condemned, the replacement period ends 3 years after the close of the
first tax year in which any part of the gain on the
condemnation is realized.
Extension. You can apply for an extension of
the replacement period. You should apply for
the extension before the end of the replacement
period. Ordinarily, requests for extensions aren’t
made or granted until near the end of the replacement period or the extended replacement
period.
About the extension. Extensions are usually
limited to a period of not more than 1 year. The
high market value or scarcity of replacement
property isn’t sufficient grounds for granting an
extension. If your replacement property is being
constructed and you clearly show that the construction can’t be completed within the replacement period, you may be granted an extension
of the period.
Making your request. You can request an extension of the replacement period by faxing
your written request to 877-477-9193 or mailing
your request to: Internal Revenue Service, 985
Michigan Ave, Stop 16, Detroit, MI 48226. The
submission should include a cover sheet with
the following information.
• Date.
• Your name, title, phone number, and address.
Publication 225 (2024)
• Attention: SB/SE Field Examination Area
Director [Your State].
• Subject: 1033 Extension Request for Replacement Period of Involuntarily Converted Property.
• Number of pages faxed (inclusive of cover
sheet).
What to include in your request. Your request must contain all the details describing
why you need the extension. Include:
1. The name, address, and taxpayer identification number of the taxpayer,
2. A detailed description of the property converted,
3. Date the property was converted,
4. Adjusted basis of the property converted,
5. Date(s) and amount(s) of the payments received,
6. Copy of the return with the involuntary
conversion of property at a gain and related deferral of the gain, and
7. A description of the actions taken to replace the property.
Filing after the replacement period. You
can file an application within a reasonable time
after the replacement period ends if you can
show a good reason for the delay. An extension
may be granted if you can show that there is a
reasonable cause for not making the replacement within the replacement period.
How To Postpone Gain
You postpone reporting your gain by reporting
your choice on your tax return for the year you
have the gain. You have the gain in the year you
receive insurance proceeds or other reimbursements that result in a gain.
Required statement. You should attach a
statement to your return for the year you have
the gain. This statement should include all the
following information.
• The date and details of the casualty, theft,
or other involuntary conversion.
• The insurance or other reimbursement you
received.
• How you figured the gain.
Replacement property acquired before
return filed. If you acquire replacement property before you file your return for the year you
have the gain, your statement should also include detailed information about all the following items.
• The replacement property.
• The postponed gain.
• The basis adjustment that reflects the postponed gain.
• Any gain you are reporting as income.
Replacement property acquired after return filed. If you intend to buy replacement
property after you file your return for the year
you realize gain, your statement should also say
that you are choosing to replace the property
within the required replacement period.
Chapter 11
Casualties, Thefts, and Condemnations
You should then attach another statement to
your return for the year in which you buy the replacement property. This statement should contain detailed information on the replacement
property. If you acquire part of your replacement
property in one year and part in another year,
you must attach a statement to each year's return. Include in the statement detailed information on the replacement property bought in that
year.
Reporting weather-related sales of livestock. If you choose to postpone reporting the
gain on weather-related sales or exchanges of
livestock, show all the following information on a
statement attached to your return for the tax
year in which you first realize any of the gain.
• Evidence of the weather-related conditions
that forced the sale or exchange of the livestock.
• The gain realized on the sale or exchange.
• The number and kind of livestock sold or
exchanged.
• The number of livestock of each kind you
would have sold or exchanged under your
usual business practice.
Show all the following information and the
preceding information on the return for the year
in which you replace the livestock.
• The dates you bought the replacement
property.
• The cost of the replacement property.
• Description of the replacement property
(for example, the number and kind of the
replacement livestock).
Amended return for changes regarding replacement property. You must file an amended return (Form 1040-X) for the tax year of the
gain in either of the following situations.
• You don't acquire replacement property
within the replacement period, plus extensions. On this amended return, you must
report the gain and pay any additional tax
due.
• You acquire replacement property within
the required replacement period, plus extensions, but at a cost less than the
amount you receive from the casualty,
theft, or other involuntary conversion. On
this amended return, you must report the
part of the gain that can't be postponed
and pay any additional tax due.
Disaster Area Losses
Personal casualty and theft losses of an individual are subject to special rules for those personal casualty and theft losses attributable to
federally declared disasters that occur during
tax years beginning after 2017.
Personal casualty and theft losses are subject to the $100 per casualty and 10% of your
AGI limitations. In this case you reduce your
personal casualty gains by any casualty losses
not attributable to a federally declared disaster.
Net qualified disaster losses (disaster losses
reduced by any excess personal casualty gains)
are subject to the $500 per casualty limitation
but are not subject to the 10% of your AGI limitation.
73
For tax years 2018 through 2025, personal casualty and theft losses of an inCAUTION dividual are deductible only to the extent they're attributable to a federally declared
disaster. An exception to the rule limiting the deduction for personal casualty and theft losses to
federal disaster losses applies where you have
personal casualty gains to the extent the losses
don't exceed your gains.
!
A list of the areas warranting public or
TIP individual assistance (or both) under
the Act is available at the Federal
Emergency Management Agency (FEMA) web
site at FEMA.gov/Disasters.
Qualified disaster losses. A qualified disaster loss is an individual's casualty or theft loss
of personal-use property that is attributable to a
major disaster that was declared by the President during the period between January 1,
2020, and February 25, 2021. However, in order
to qualify, this disaster must have an incident
period that began on or after December 28,
2019, or on or before December 27, 2020, and
must have ended no later than January 26,
2021. The definition of a qualified disaster loss
does not extend to any major disaster which
has been declared only by reason of COVID-19.
A qualified disaster loss also includes an individual’s casualty or theft loss of personal-use
property that is attributable to:
• A major disaster declared by the President
under section 401 of the Stafford Act in
2016;
• Hurricane Harvey;
• Tropical Storm Harvey;
• Hurricane Irma;
• Hurricane Maria;
• The California wildfires in 2017 and January 2018; and
• A major disaster that was declared by the
President under section 401 of the Stafford
Act and that occurred in 2018 and before
December 21, 2019, and continued until
no later than January 19, 2020 (except
those attributable to the California wildfires
in January 2018 that received prior relief).
See IRS.gov/DisasterTaxRelief for date-specific declarations associated with these disasters and for more information.
Casualty and theft losses of personal-use
property may be claimed as a qualified disaster
loss on your Form 4684 for the year in which the
loss was sustained. This deduction will be entered on Schedule A (Form 1040) as an itemized deduction but you can increase your standard deduction by qualified disaster losses if you
elect not to itemize your deductions. See Increased standard deduction reporting, later.
Moreover, your net casualty loss from these
disasters does not need to exceed 10% of your
AGI to qualify for the deduction, but the $100
limit per casualty is increased to $500.
Disaster year. The disaster year is the tax year
in which you sustained the loss attributable to a
federally declared disaster. Generally, a disaster
loss is sustained in the year the disaster occurred. A disaster loss may also be sustained in a
year after the disaster occurred. For example, if
a claim for reimbursement exists for which there
is a reasonable prospect of recovery, no part of
the loss for which reimbursement may be re74
ceived is sustained until it can be ascertained
with reasonable certainty whether you will be
reimbursed.
When to deduct the loss. You must generally
deduct a casualty loss in the disaster year.
However, if you have a deductible loss from a
disaster that occurred in an area warranting
public or individual assistance (or both), you
can choose to deduct that loss on your return or
amended return for the tax year immediately
preceding the disaster year. If you make this
choice, the loss is treated as having occurred in
the preceding year.
Claiming a qualifying disaster loss on
TIP the previous year's return may result in
a lower tax for that year, often producing or increasing a cash refund.
You must make an election to deduct a 2024
disaster loss on your 2023 return on or before
the date that is 6 months after the regular due
date for filing your original return (without extensions) for the disaster year. For calendar year
individual taxpayers, the deadline for electing to
take a 2024 disaster loss on your 2023 tax return is October 15, 2025.
If you claimed a deduction for a disaster loss
in the disaster year and you wish to deduct the
loss in the preceding year, you must file an
amended return to remove the previously deducted loss on or before you file the return or
amended return for the preceding year that includes the disaster loss deduction. For more information, see Pub. 547.
Increased standard deduction reporting. If
you have a net qualified disaster loss on Form
4684, line 15, and you aren’t itemizing your deductions, you can claim an increased standard
deduction using Schedule A (Form 1040) by doing the following.
1. Enter the amount from Form 4684, line 15,
on the dotted line next to line 16 on Schedule A and the description “Net Qualified
Disaster Loss.”
2. Enter on the dotted line next to line 16 your
standard deduction amount and the description “Standard Deduction Claimed
With Qualified Disaster Loss.”
3. Combine these two amounts and enter on
line 16 of Schedule A and Form 1040 or
1040-SR, line 12.
The AMT adjustment for the standard
deduction is made retroactively inappliCAUTION cable to net qualified disaster losses.
See Taxpayers who also file the 2024 Form
6251, Alternative Minimum Tax for Individuals,
in the Instructions for Form 4684 for more information.
!
Federal disaster relief grants. Don't include
post-disaster relief grants received under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act in your income if the grant
payments are made to help you meet necessary expenses or serious needs for medical,
dental, housing, personal property, transportation, or funeral expenses. Don't deduct casualty
losses or medical expenses to the extent they
are specifically reimbursed by these disaster relief grants. If the casualty loss was specifically
Chapter 11
Casualties, Thefts, and Condemnations
reimbursed by the grant and you received the
grant after the year in which you deducted the
casualty loss, see Reimbursement received after deducting loss, earlier. Unemployment assistance payments under the Act are taxable
unemployment compensation.
Qualified disaster relief payments. Qualified
disaster relief payments aren't included in the
income of individuals to the extent any expenses compensated by these payments aren't otherwise compensated for by insurance or other
reimbursement. These payments aren't subject
to income tax, self-employment tax, or employment taxes (social security, Medicare, and federal unemployment taxes). No withholding applies to these payments.
Qualified disaster relief payments include
payments you receive (regardless of the
source) for the following expenses.
• Reasonable and necessary personal, family, living, or funeral expenses incurred as a
result of a federally declared disaster.
• Reasonable and necessary expenses incurred for the repair or rehabilitation of a
personal residence due to a federally declared disaster. (A personal residence can
be a rented residence or one you own.)
• Reasonable and necessary expenses incurred for the repair or replacement of the
contents of a personal residence due to a
federally declared disaster.
Qualified disaster relief payments include
amounts paid by a federal, state, or local government in connection with a federally declared
disaster to individuals affected by the disaster.
These payments must be made from a governmental fund, be based on individual or family
needs, and not be compensation for services.
Payments to businesses generally don't qualify.
!
Qualified disaster relief payments don't
include:
CAUTION
• Payments for expenses otherwise paid for
by insurance or other reimbursements; or
• Income replacement payments, such as
payments of lost wages, lost business income, or unemployment compensation.
Qualified disaster mitigation payments.
Qualified disaster mitigation payments made
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act or the National
Flood Insurance Act (as in effect on April 15,
2005) aren’t included in income. These are payments you, as a property owner, received to reduce the risk of future damage to your property.
You can't increase your basis in property, or
take a deduction or credit, for expenditures
made with respect to those payments.
Sale of property under hazard mitigation
program. Generally, if you sell or otherwise
transfer property, you must recognize any gain
or loss for tax purposes unless the property is
your main home. You report the gain or deduct
the loss on your tax return for the year you realize it. (You can't deduct a loss on personal-use
property unless the loss resulted from a casualty, as discussed earlier.) However, if you sell
or otherwise transfer property to the federal
government, a state or local government, or an
Publication 225 (2024)
Indian tribal government under a hazard mitigation program, you can choose to postpone reporting the gain if you buy qualifying replacement property within a certain period of time.
See Postponing Gain, earlier, for the rules that
apply.
Other federal assistance programs. For
more information about other federal assistance
programs, see Crop Insurance and Crop Disaster Payments and Feed Assistance and Payments in chapter 3.
Postponed tax deadlines. The IRS may postpone for up to 1 year certain tax deadlines of
taxpayers who are affected by a federally declared disaster. The tax deadlines the IRS may
postpone include those for filing income, excise,
and employment tax returns, paying income, excise, and employment taxes, and making contributions to a traditional IRA or Roth IRA.
If any tax deadline is postponed, the IRS will
publicize the postponement in your area and
publish a news release and, where necessary, a
revenue ruling, revenue procedure, notice, announcement, or other guidance in the Internal
Revenue Bulletin (IRB). Go to IRS.gov/
DisasterTaxRelief to find out if a tax deadline
has been postponed for your area.
Who is eligible. If the IRS postpones a tax
deadline, the following taxpayers are eligible for
the postponement.
• Any individual whose main home is located
in a covered disaster area (defined next).
• Any business entity or sole proprietor
whose principal place of business is located in a covered disaster area.
• Any individual who is a relief worker affiliated with a recognized government or philanthropic organization and who is assisting
in a covered disaster area.
• Any individual, business entity, or sole proprietorship whose records are needed to
meet a postponed tax deadline, provided
those records are maintained in a covered
disaster area. The main home or principal
place of business doesn’t have to be located in the covered disaster area.
• Any estate or trust that has tax records
necessary to meet a postponed tax deadline, provided those records are maintained in a covered disaster area.
• The spouse on a joint return with a taxpayer who is eligible for postponements.
• Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose necessary records to
meet a postponed tax deadline are located
in the covered disaster area.
• Any individual visiting the covered disaster
area who was killed or injured as a result of
the disaster.
• Any other person determined by the IRS to
be affected by a federally declared disaster.
underpaid income tax for the length of any postponement of tax deadlines.
Reporting Gains
and Losses
You will have to file one or more of the following
forms to report your gains or losses from involuntary conversions.
Form 4684. Use this form to report your gains
and losses from casualties and thefts.
Form 4797. Use this form to report involuntary
conversions (other than from casualty or theft)
of property used in your trade or business and
capital assets held in connection with a trade or
business or a transaction entered into for profit.
Also use this form if you have a gain from a
casualty or theft on trade, business, or income-producing property held for more than 1
year and you have to recapture some or all of
your gain as ordinary income.
Form 8949. Use this form to report gain from
an involuntary conversion (other than from
casualty or theft) of personal-use property.
Schedule A (Form 1040). Use this form to deduct your losses from casualties and thefts of
personal-use property and income-producing
property that you reported on Form 4684.
Schedule D (Form 1040). Use this form to
carry over the following gains.
• Net gain shown on Form 4797 from an involuntary conversion of business property
held for more than 1 year.
• Net gain shown on Form 4684 from the
casualty or theft of personal-use property.
Also use this form to figure the overall gain
or loss from transactions reported on Form
8949.
Schedule F (Form 1040). Use this form to deduct your losses from casualty or theft of livestock or produce bought for sale on line 32
(Other expenses) if you use the cash method of
accounting and haven’t otherwise deducted
these losses.
is $168,600 for 2024, up from $160,200 for
2023. There is no maximum limit on earnings
subject to the Medicare part (2.9%) or, if applicable, the Additional Medicare Tax (0.9%).
The maximum net self-employment earnings
subject to the social security part of the self-employment tax for 2025 will be discussed in the
2024 Pub. 334.
Introduction
Self-employment tax (SE tax) is a social security and Medicare tax primarily for individuals
who work for themselves. It is similar to the social security and Medicare taxes withheld from
the pay of most wage earners.
You usually have to pay SE tax if you are
self-employed. You are usually self-employed if
you operate your own farm on land you either
own or rent. You have to figure SE tax on
Schedule SE (Form 1040).
Farmers who have employees may have to
pay the employer's share of social security and
Medicare taxes, as well. See chapter 13 for information on employment taxes.
If your self-employment income exceeds a
certain threshold amount, you may also be subject to a 0.9% Additional Medicare Tax on the
income that is more than that amount. You figure this tax using Form 8959. For more information about the Additional Medicare Tax, including the threshold amounts, see the Instructions
for Form 8959.
SE tax rate. The SE tax rate is 15.3%. The rate
consists of two parts: 12.4% for social security
(old-age, survivors, and disability insurance)
and 2.9% for Medicare (hospital insurance).
Topics
This chapter discusses:
•
•
•
•
•
•
•
Why pay SE tax
How to pay SE tax
Who must pay SE tax
Figuring SE earnings
Landlord participation in farming
Methods for figuring net earnings
Reporting SE tax
Useful Items
You may want to see:
Publication
541 Partnerships
12.
541
Form (and Instructions)
Self-Employment
Tax
Covered disaster area. This is an area of
a federally declared disaster area in which the
IRS has decided to postpone tax deadlines for
up to 1 year.
What's New for 2024
Abatement of interest and penalties. The
IRS may abate the interest and penalties on the
Maximum net earnings. The maximum net
self-employment earnings subject to the social
security part (12.4%) of the self-employment tax
1040 U.S. Individual Income Tax Return
1040
1040-SR U.S. Tax Return for Seniors
1040-SR
Sch F (Form 1040) Profit or Loss From
Farming
Sch F (Form 1040)
Sch SE (Form 1040) Self-Employment
Tax
Sch SE (Form 1040)
1065 U.S. Return of Partnership Income
1065
Sch K-1 (Form 1065) Partner's Share of
Income, Deductions, Credits, etc.
Sch K-1 (Form 1065)
8959 Additional Medicare Tax
8959
Publication 225 (2024)
Chapter 12
Self-Employment Tax
75
See How To Get Tax Help for information about
getting publications and forms.
Why Pay SE Tax?
Social security benefits are available to self-employed persons just as they are to wage earners. Your payments of SE tax contribute to your
coverage under the social security system. Social security coverage provides you with retirement benefits, disability benefits, survivor benefits, and hospital insurance (Medicare) benefits.
How to become insured under social security. You must be insured under the social security system before you begin receiving social security benefits. You are insured if you have the
required number of credits (also called “quarters of coverage”).
Earning credits in 2024. You can earn a maximum of four credits per year. For 2024, you
earn one credit for each $1,730 of combined
wages and self-employment earnings subject to
social security tax. You need $6,920 ($1,730 ×
4) of combined wages and self-employment
earnings subject to social security tax to earn
four credits in 2024. It doesn’t matter whether
the income is earned in 1 quarter or is spread
over 2 or more quarters.
For an explanation of the number of credits
you must have to be insured and the benefits
available to you and your family under the social
security program, consult your nearest Social
Security Administration (SSA) office or go to the
SSA website at SSA.gov.
!
CAUTION
Making false statements to get or to increase social security benefits may
subject you to penalties.
The SSA time limit for posting self-employment earnings. Generally, the SSA will give
you credit only for self-employment earnings reported on a tax return filed within 3 years, 3
months, and 15 days after the tax year you
earned the income.
If you file your tax return or report a
change in your self-employment earnCAUTION ings after the SSA time limit for posting
self-employment earnings, the SSA may
change its records, but only to remove or reduce the amount. The SSA won't change its records to increase your self-employment earnings after the SSA time limit listed above.
!
How To Pay SE Tax
To pay SE tax, you must have a social security
number (SSN) or an individual taxpayer identification number (ITIN). This section explains how
to:
• Obtain an SSN or ITIN, and
• Pay your SE tax using estimated tax.
Obtaining a SSN. If you have never had an
SSN, apply for one using Form SS-5, Application for a Social Security Card. The application
is also available in Spanish. You can get this
form at any SSA office or by calling
800-772-1213, or by going to SSA.gov/forms.
If you have an SSN from the time you were
an employee, you must use that number. Don’t
apply for a new one.
Replacing a lost social security card. If
you have a number but lost your card, file Form
SS-5. You will get a new card showing your original number, not a new number. In some areas,
you may be able to request a replacement card
online.
Name change. If your name has changed
since you received your social security card,
complete Form SS-5 to report a name change.
You can find more information about
obtaining a SSN, replacing a lost card,
or requesting a name change at
SSA.gov.
Obtaining an ITIN. The IRS will issue you an
ITIN, for tax use only, if you are a nonresident or
resident alien and you don’t have, and aren’t eligible to get, an SSN. To apply for an ITIN, file
Form W-7, Application for IRS Individual Taxpayer Identification Number. You can download
Form W-7 from the IRS website at IRS.gov. For
more information on ITINs, see Pub. 1915. Form
W-7 and Pub. 1915 are also available in Spanish.
If you were assigned an ITIN before
2013, or if you have an ITIN that you
CAUTION haven't included on a tax return in the
last 3 consecutive years, you may need to renew it. For more information, see the Instructions for Form W-7 or go to IRS.gov/ITIN.
!
Paying estimated tax. Estimated tax is the
method used to pay tax (including SE tax) on income not subject to withholding. You generally
have to make estimated tax payments if you expect to owe tax, including SE tax, of $1,000 or
more when you file your return. Use Form
1040-ES, Estimated Tax for Individuals, to figure
and pay the tax.
However, if at least two-thirds of your gross
income for the current tax year or the prior tax
year is from farming and you file your tax return
and pay all the tax due by March 3, you don’t
have to pay any estimated tax. For example, if
at least two-thirds of your gross income for 2023
or 2024 is from farming and you file your 2024
Form 1040 and pay all the tax due by March 3,
2025, you don’t have to make any estimated tax
payments for 2024. For more information about
estimated tax for farmers, the definition of “farming income,” and exceptions to what constitutes
farming income, see chapter 15.
Penalty for underpayment of estimated
tax. You may have to pay a penalty if you don’t
pay enough estimated tax by its due date.
An ITIN doesn’t entitle you to social security benefits. Obtaining an ITIN
CAUTION doesn’t change your immigration or
employment status under U.S. law.
!
76
Chapter 12
Self-Employment Tax
Who Must Pay SE Tax?
You must pay SE tax and file Schedule SE
(Form 1040) if your net earnings from self-employment were $400 or more.
The SE tax rules apply no matter how
old you are and even if you are already
CAUTION receiving social security or Medicare
benefits.
!
Aliens. Generally, resident aliens must pay SE
tax under the same rules that apply to U.S. citizens. Nonresident aliens aren’t subject to SE
tax unless an international social security
agreement determines that they are covered
under the U.S. social security system. Residents of the U.S. Virgin Islands, Puerto Rico,
Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa are subject to
SE tax, as they are considered U.S. residents
for SE tax purposes. For more information on
aliens, see Pub. 519, U.S. Tax Guide for Aliens,
and the Instructions for Schedule SE (Form
1040).
Are you self-employed? You are self-employed if you carry on a trade or business (such
as running a farm) as a sole proprietor, an independent contractor, or a partner of a partnership, or are otherwise in business for yourself. A
trade or business is generally an activity carried
on for a livelihood or in good faith to make a
profit.
Share farmer. You are a self-employed farmer
under an income-sharing arrangement if both
the following apply.
1. You produce a crop or raise livestock on
land belonging to another person.
2. Your share of the crop or livestock, or the
proceeds from their sale, depends on the
amount produced.
Your net farm profit or loss from the income-sharing arrangement is reported on
Schedule F (Form 1040) and included in your
self-employment earnings.
If you produce a crop or livestock on land
belonging to another person and are to receive
a specified rate of pay, a fixed sum of money, or
a fixed quantity of the crop or livestock, and not
a share of the crop or livestock or their proceeds, you may be either self-employed or an
employee of the landowner. This will depend on
whether the landowner has the right to direct or
control your performance of services.
Example. A share farmer produces a crop
on land owned by another person on a 50-50
crop-share basis. Under the terms of their
agreement, the share farmer furnishes the labor
and half the cost of seed and fertilizer. The landowner furnishes the machinery and equipment
used to produce and harvest the crop, and half
the cost of seed and fertilizer. The share farmer
is provided a house in which to live. The landowner and the share farmer decide on a cropping plan.
The share farmer is a self-employed farmer
for purposes of the agreement to produce the
crops, and the share farmer's part of the profit
Publication 225 (2024)
or loss from the crops is reported on Schedule F (Form 1040) and included in self-employment earnings.
The tax treatment of the landowner is discussed later under Landlord Participation in
Farming.
Contract farming. Under typical contract farming arrangements, the grower receives a fixed
payment per unit of crops or finished livestock
delivered to the processor or packing company.
Because the grower typically furnishes labor
and assumes some production risk, the payments are reported on Schedule F (Form 1040)
and are therefore subject to SE tax.
4-H Club or FFA project. If an individual participates in a 4-H Club or National FFA Organization (FFA) project, any net income received
from sales or prizes related to the project may
be subject to income tax. Report the net income
as “Other income” on Schedule 1 (Form 1040),
line 8z. If necessary, attach a statement showing the gross income and expenses. The net income may not be subject to SE tax if the project
is primarily for educational purposes and not for
profit, and is completed by the individual under
the rules and economic restrictions of the sponsoring 4-H or FFA organization. Such a project
is generally not considered a trade or business.
For information on the filing requirements and
other tax information for dependents, see Pub.
929.
Partners in a partnership. Generally, you are
self-employed if you are a partner of a partnership that carries on a trade or business.
Limited partner. If you are a limited partner, your partnership income is generally not
subject to SE tax. However, guaranteed payments you receive for services you perform for
the partnership are subject to SE tax and
should be reported to you in box 14 of your
Schedule K-1 (Form 1065). Whether a partner
qualifies as a limited partner for purposes of
self-employment tax depends on wether the
partner meets the definition of a limited partner
under section 1402(a)(13).
Community property. If you are a partner
and your distributive share of any income or
loss from a trade or business carried on by the
partnership is community property, treat your
share as your self-employment earnings. Don’t
treat any of your share as self-employment
earnings of your spouse.
Business owned and operated by spouses.
If you and your spouse jointly own and operate
a farm as an unincorporated business and
share in the profits and losses, you are partners
in a partnership whether or not you have a formal partnership agreement. You must file Form
1065 instead of Schedule F (Form 1040). However, you and your spouse may still report income using Schedule F (Form 1040) instead of
Form 1065 if either of the following applies.
• You and your spouse elect to be treated as
a qualified joint venture. See Qualified joint
venture (QJV), later.
• You and your spouse wholly own the unincorporated farming business as community
property and you treat the business as a
Publication 225 (2024)
sole proprietorship. See Community income, later.
If your spouse is your employee, not
your partner, you must withhold and
CAUTION pay social security and Medicare taxes
for him or her. For more information about employment taxes, see chapter 13.
!
Qualified joint venture (QJV). If you and
your spouse each materially participate as the
only members of a jointly owned and operated
farm, and you file a joint tax return for the tax
year, you can make a joint election to be treated
as a QJV instead of a partnership for the tax
year. Making this election will allow you to avoid
the complexity of Form 1065 but still give each
spouse credit for social security earnings on
which retirement benefits are based. For an explanation of “material participation,” see the instructions for Schedule C, line G, and the instructions for Schedule F, line E.
Only businesses that are owned and
operated by spouses as co-owners
CAUTION (and not in the name of a state law entity) qualify for the election. Thus, a business
owned and operated by spouses through a limited liability company does not qualify for the
election of a QJV.
!
To make this election, you must divide all
items of income, gain, loss, deduction, and
credit attributable to the business between you
and your spouse in accordance with your respective interests in the venture. Each of you
must file a separate Schedule F and a separate
Schedule SE. For more information, see Qualified Joint Ventures in the Instructions for Schedule SE (Form 1040).
Community income. If you and your
spouse wholly own an unincorporated business
as community property under the community
property laws of a state, foreign country, or U.S.
territory, you can treat your wholly owned, unincorporated business as a sole proprietorship,
instead of a partnership. Any change in your reporting position will be treated as a conversion
of the entity.
Report your income and deductions as follows.
• If only one spouse participates in the business, all of the income from that business
is the self-employment earnings of the
spouse who carried on the business.
• If both spouses participate, the income and
deductions are allocated to the spouses
based on their distributive shares.
• If you and your spouse elected to treat the
business as a QJV, see Qualified joint venture (QJV), earlier.
States with community property laws include
Arizona, California, Idaho, Louisiana, Nevada,
New Mexico, Texas, Washington, and Wisconsin. See Pub. 555 for more information about
community property laws.
Figuring
Self-Employment
Earnings
Farmer. If you are self-employed as a farmer,
use Schedule F (Form 1040) to figure your
self-employment earnings.
Partnership income or loss. If you are a partner of a partnership that carries on a trade or
business, the partnership should report your
self-employment earnings in box 14, code A, of
your Schedule K-1 (Form 1065). Box 14 of
Schedule K-1 may also provide amounts for
gross farming or fishing income (code B) and
gross nonfarm income (code C). Use these
amounts if you use the farm or nonfarm optional
method to figure net earnings from self-employment (see Methods for Figuring Net Earnings,
later).
If you are a general partner, you may need to
reduce these reported earnings by amounts you
claim as a section 179 deduction, unreimbursed
partnership expenses, or depletion on oil and
gas properties.
If the amount reported is a loss, include only
the deductible amount when you figure your total self-employment earnings.
For more information, see the Partner's Instructions for Schedule K-1 (Form 1065).
For general information on partnerships, see
Pub. 541.
More than one business. If you have self-employment earnings from more than one trade,
business, or profession, you must generally
combine the net profit or loss from each to determine your total self-employment earnings. A
loss from one business reduces your profit from
another business. However, don’t combine
earnings from farm and nonfarm businesses if
you are using one of the optional methods (discussed later) to figure net earnings.
Community property. If any of the income
from a farm or business, other than a partnership, is community property under state law, it is
included in the self-employment earnings of the
spouse carrying on the trade or business.
Payments for lost income. Include in self-employment earnings any payments you receive
from insurance or other sources to replace income lost because you reduced or stopped
farming activities. These include USDA payments under the Dairy Margin Coverage (DMC)
Program, which provides dairy producers with
payments when dairy margins are below the
margin coverage levels. Go to USDA.gov for additional information about other USDA programs. Even if you aren’t farming when you receive the payment, it is included in
self-employment earnings if it relates to your
farm business (even though it is temporarily inactive). A connection exists if it is clear the payment would not have been made but for your
conduct of your farm business.
Gain or loss. A gain or loss from the disposition of property that is neither stock in trade nor
Chapter 12
Self-Employment Tax
77
held primarily for sale to customers isn’t included in self-employment earnings. It doesn’t
matter whether the disposition is a sale, exchange, or involuntary conversion. For example,
gains or losses from the disposition of the following types of property aren’t included in
self-employment earnings.
• Investment property.
• Depreciable property or other fixed assets
used in your trade or business.
• Livestock held for draft, breeding, sport, or
dairy purposes, and not held primarily for
sale, regardless of how long the livestock
was held, or whether it was raised or purchased. Livestock does not include poultry.
• Unharvested standing crops sold with land
held more than 1 year.
• Timber, coal, or iron ore held for more than
1 year if an economic interest was retained, such as a right to receive coal royalties.
A gain or loss from the cutting of timber isn’t
included in self-employment earnings if the cutting is treated as a sale or exchange. For more
information on electing to treat the cutting of
timber as a sale or exchange, see Timber in
chapter 8.
Wages and salaries. Wages and salaries received for services performed as an employee
and covered by social security or railroad retirement aren’t included in self-employment earnings.
Wages paid in kind to you for agricultural labor performed as an employee, such as commodity wages, aren’t included in self-employment earnings.
Retired partner. Retirement income received
by a partner from his or her partnership under a
written plan isn’t included in self-employment
earnings if all the following apply.
• The retired partner performs no services
for the partnership during the year.
• The retired partner is owed only the retirement payments.
• The retired partner's share (if any) of the
partnership capital was fully paid to the retired partner.
• The payments to the retired partner are
lifelong periodic payments.
Conservation Reserve Program (CRP) payments. Under the CRP, if you own or operate
highly erodible or other specified cropland, you
may enter into a long-term contract with the
USDA, agreeing to convert to a less intensive
use of that cropland. You must include the annual rental payments and any one-time incentive payment you receive under the program on
Schedule F, lines 4a and 4b. Cost-share payments you receive may qualify for the cost-sharing exclusion. See Cost-Sharing Exclusion (Improvements), earlier, in chapter 3. CRP
payments are reported to you on Form 1099-G.
Individuals who are receiving social se-
TIP curity retirement or disability benefits
may exclude CRP payments when calculating SE tax. See the Instructions for Schedule SE (Form 1040).
Self-employed health insurance deduction.
You can’t deduct the self-employed health insur78
ance deduction you report on Schedule 1 (Form
1040), line 17, from self-employment earnings
on Schedule SE (Form 1040).
Landlord Participation in
Farming
As a general rule, income and deductions from
rentals and from personal property leased with
real estate aren’t included in determining
self-employment earnings. However, income
and deductions from farm rentals, including
government commodity program payments received by a landowner who rents land, are included if the rental arrangement provides that
the landowner will, and does, materially participate in the production or management of production of the farm products on the land.
Material participation for landlords. You materially participate if you have an arrangement
with your tenant for your participation and you
meet one or more of the following tests.
1. You do at least three of the following.
a. Pay, using cash or credit, at least half
the direct costs of producing the crop
or livestock.
Example. Nancy agrees to produce a crop
on G. Cohen's cotton farm, with each receiving
half the proceeds. Cohen agrees to furnish all
the necessary equipment, and it is understood
that Cohen will advise Nancy on when to plant,
spray, and pick the cotton. It is also understood
that he will inspect the crop every few days to
determine whether Nancy is properly taking
care of the crop. Under their arrangement, it is
further understood that Nancy will furnish all labor needed to grow and harvest the crop. Cohen provides the advice, makes inspections,
and furnishes the equipment; Nancy furnishes
all labor needed to grow and harvest the crop.
The management decisions made by Cohen
in connection with the care of the cotton crop
and his regular inspection of the crop establish
that Cohen participates materially in the cotton
production operations. The income Cohen receives from the cotton farm is included in Cohen’s self-employment earnings.
Methods for Figuring Net
Earnings
There are three ways to figure net earnings from
self-employment.
b. Furnish at least half the tools, equipment, and livestock used in the production activities.
1. The regular method.
c. Advise or consult with your tenant on
something like deciding what crops to
plant, the type of seed or fertilizer to
use, or when and at what price the
crops should be sold.
3. The nonfarm optional method.
d. Inspect the production activities periodically.
2. You regularly and frequently make, or take
an important part in making, management
decisions substantially contributing to or
affecting the success of the enterprise, for
example, decisions about when and where
to plant or spray, when to harvest, what
standards to follow, and what records to
keep.
3. You work 100 hours or more spread over a
period of 5 weeks or more in activities connected with agricultural production.
4. You do things that, considered in their totality, show you are materially and significantly involved in the production of the
farm commodities.
These tests may be used as general guides for
determining whether you are a material participant.
Crop shares. Rent paid in the form of crop
shares is included in self-employment earnings
for the year you sell, exchange, give away, or
use the crop shares if you meet one of the four
material participation tests (discussed above) at
the time the crop shares are produced. Feeding
such crop shares to livestock is considered using them. Your gross income for figuring your
self-employment earnings includes the fair market value of the crop shares when they are used
as feed.
Chapter 12
Self-Employment Tax
2. The farm optional method.
You must use the regular method to the extent
you don’t use one or both of the optional methods. See Figure 12-1 to see if you are eligible to
use an optional method.
Why use an optional method? You may want
to use the optional methods (discussed later)
when you have a loss or a small net profit and
any one of the following applies.
• You want to receive credit for social security benefit coverage.
• You incurred child or dependent care expenses for which you could claim a credit.
(An optional method may increase your
earned income, which could increase your
credit.)
• You are entitled to the earned income
credit. (An optional method may increase
your earned income, which could increase
your credit.)
• You are entitled to the additional child tax
credit. (An optional method may increase
your earned income, which could increase
your credit.)
Effects of using an optional method. Using
an optional method could increase your SE tax.
Paying more SE tax may result in you getting
higher social security disability or retirement
benefits.
Using the optional methods may also decrease your adjusted gross income (AGI) due to
the deduction for one-half of SE tax on Form
1040, which may affect your eligibility for credits, deductions, or other items that are subject to
an AGI limit. Figure your AGI with and without
using the optional methods to see if the optional
methods will benefit you.
Publication 225 (2024)
Figure 12-1. Can I Use the Optional Methods?
START here to determine if
you can use the nonfarm
optional method.
Are your net nonfarm profits
less than $7,493?
START here to determine if
you can use the farm
optional method.
No
Is your gross farm income
$10,380 or less?
Yes
Are your net nonfarm profits
less than 72.189% of your
gross nonfarm income?
Yes
You can
use the
farm
optional
method.*
See Table
12-1.
Yes
Were your actual net earnings
from self-employment $400 or
more in at least 2 of the 3 tax
years before this year?
No
No
No
Yes
Are your net farm profits
less than $7,493?
No
You can’t use the
farm optional method.
Yes
Have you previously used this
method less than 5 years?
(Note: There is a 5-year
lifetime limit.)
Yes
You can use the nonfarm
optional method.* See
Pub. 334.
No
You can’t
use the
nonfarm
optional
method.
*If you use both optional methods, see Using Both Optional Methods, later, for limits on the amount to report.
If you use either or both optional methods,
you must figure and pay the SE tax due under
these methods even if you would have had a
smaller SE tax or no SE tax using the regular
method.
The optional methods may be used only to
figure your SE tax. To figure your income tax, include your actual self-employment earnings in
gross income, regardless of which method you
use to determine SE tax.
Gross farm income. Your gross farm income
is the total of the amounts from:
• Schedule F (Form 1040), line 9; and
• Box 14, code B, of Schedule K-1 (Form
1065) (from farm partnerships).
Regular Method
If you received social security retirement or disability benefits, you must subtract the amount of
any CRP payments included on your Schedule F, line 4b, or listed in box 20, Code AQ, of
Schedule K-1. You may also need to adjust the
amount reported on Schedule K-1 if you are a
general partner or if it is a loss. For more information, see Partnership income or loss, earlier.
To figure net earnings using the regular method,
multiply your self-employment earnings by
92.35% (0.9235). For your net earnings figured
using the regular method, see line 4a of your
Schedule SE (Form 1040).
Net earnings figured using the regular
method are also called actual net earnings.
Farm Optional Method
Use the farm optional method only for self-employment earnings from a farming business. You
can use this method if you meet either of the following tests.
Net farm profits. Net farm profits are generally
the total of the amounts from:
• Schedule F (Form 1040), line 34; and
• Box 14, code A of Schedule K-1 (Form
1065) (from farm partnerships).
Figuring farm net earnings. If you meet either of the two tests explained above, use Table 12-1 to figure your net earnings from
self-employment under the farm optional
method.
1. Your gross farm income is $10,380 or less.
Table 12-1. Figuring Farm Net
Earnings
IF your gross farm
income is...
THEN your net
earnings are
equal to...
$10,380 or less
two-thirds of your
gross farm income.
more than $10,380
$6,920.
Optional method can reduce or eliminate
SE tax. If your gross farm income is $10,380 or
less and your farm net earnings figured under
the farm optional method are less than your actual farm net earnings, you can use the farm optional method to reduce or eliminate your SE
tax. Your actual farm net earnings are your farm
net earnings figured using the regular method,
explained earlier.
Example. Your gross farm income is $540
and your net farm profit is $460. Consequently,
your net earnings figured under the farm optional method are $360 (2/3 of $540) and your
actual net earnings are $425 (92.35% of $460).
You owe no SE tax if you use the optional
method because your net earnings under the
farm optional method are less than $400.
2. Your net farm profits are less than $7,493.
Publication 225 (2024)
Chapter 12
Self-Employment Tax
79
Nonfarm Optional Method
This is an optional method available for determining net earnings from nonfarm self-employment, much like the farm optional method.
If you are also engaged in a nonfarm business, you may be able to use this method to figure your nonfarm net earnings. You can use this
method even if you don’t use the farm optional
method for determining your farm net earnings
and even if you have a net loss from your nonfarm business. For more information about the
nonfarm optional method, see Pub. 334.
You can’t combine farm and nonfarm
self-employment earnings to figure
CAUTION your net earnings under either of the
optional methods.
!
Using Both Optional
Methods
If you use both optional methods, you must add
the net earnings figured under each method to
arrive at your total net earnings from self-employment. You can report less than your total
actual farm and nonfarm net earnings but not
less than actual nonfarm net earnings. If you
use both optional methods, you can report no
more than $6,920 as your combined net earnings from self-employment.
Reporting SE Tax
Use Schedule SE (Form 1040) to figure and report your SE tax. Then, enter the SE tax on
Schedule 2 (Form 1040), line 4, and attach
Schedule SE to Form 1040 or 1040-SR.
If you have to pay SE tax, you must file
Form 1040 or 1040-SR (with SchedCAUTION ule SE attached) even if you don’t otherwise have to file a federal income tax return.
!
SE tax deduction. You can deduct half of your
SE tax in figuring your AGI. This deduction only
affects your income tax. It doesn’t affect either
your net earnings from self-employment or your
SE tax.
To deduct the tax, enter on Schedule 1
(Form 1040), line 15, the amount from line 13 of
Schedule SE (Form 1040).
Joint return. Even if you file a joint return, you
can’t file a joint Schedule SE. This is true
whether one spouse or both spouses have
self-employment earnings. Your spouse isn’t
considered self-employed just because you are.
If both of you have self-employment earnings,
each of you must complete a separate Schedule SE. Attach both schedules to the joint return. If you and your spouse operate a business
as a partnership, see Business owned and operated by spouses and Qualified joint venture
(QJV), earlier, under Who Must Pay SE Tax.
80
can see Pub. 15 (sp) and go to IRS.gov to determine if a Spanish-language version is available.
13.
Employment
Taxes
What's New for 2024
Social security and Medicare taxes for
2024. The social security tax rate is 6.2% each
for the employee and employer. The social security wage base limit is $168,600.
The Medicare tax rate is 1.45% each for the
employee and employer, unchanged from 2023.
There is no wage base limit for Medicare tax.
2024 withholding tables. The federal income
tax withholding tables are now included in Pub.
15-T, Federal Income Tax Withholding Methods.
The COVID-19 related credit for qualified
sick and family leave wages is limited to
leave taken after March 31, 2020, and before October 1, 2021, and may no longer be
claimed on Form 943. Generally, the credit for
qualified sick and family leave wages, as enacted under the Families First Coronavirus Response Act (FFCRA) and amended and extended by the COVID-related Tax Relief Act of
2020, for leave taken after March 31, 2020, and
before April 1, 2021, and the credit for qualified
sick and family leave wages under sections
3131, 3132, and 3133 of the Internal Revenue
Code, as enacted under the American Rescue
Plan Act of 2021 (the ARP), for leave taken after
March 31, 2021, and before October 1, 2021,
have expired. However, employers that pay
qualified sick and family leave wages in 2024 for
leave taken after March 31, 2020, and before
October 1, 2021, are eligible to claim a credit for
qualified sick and family leave wages in 2024.
Effective for tax periods beginning after 2023,
the lines used to claim the credit for qualified
sick and family leave wages have been removed from Form 943, Employer's Annual Federal Tax Return for Agricultural Employees, because it would be extremely rare for an
employer to pay wages in 2024 for qualified sick
and family leave taken after March 31, 2020,
and before October 1, 2021. If you're eligible to
claim the credit for qualified sick and family
leave wages because you paid the wages in
2024 for an earlier applicable leave period, file
Form 943-X, Adjusted Employer's Annual Federal Tax Return for Agricultural Employees or
Claim for Refund, after filing Form 943, to claim
the credit for qualified sick and family leave wages paid in 2024. Filing a Form 943-X before filing a Form 943 for the year may result in errors
or delays in processing your Form 943-X.
Forms in Spanish. Many forms and instructions discussed in these instructions have
Spanish-language versions available for employers and employees. Some examples include Form 943 (sp), Form SS-4 (sp), and Form
W-4 (sp). Although these instructions don't reference Spanish-language forms and instructions in each instance that one is available, you
Chapter 13
Employment Taxes
What’s New for 2025
Social security and Medicare taxes for
2025. The employee and employer tax rates for
social security and the maximum amount of wages subject to social security tax for 2025 will
be discussed in Pub. 15 (for use in 2025).
The Medicare tax rate for 2025 will also be
discussed in Pub. 15 (for use in 2025). There is
no limit on the amount of wages subject to Medicare tax.
Reminders
Qualified small business payroll tax credit
for increasing research activities. For tax
years beginning before January 1, 2023, a
qualified small business may elect to claim up
to $250,000 of its credit for increasing research
activities as a payroll tax credit. The Inflation
Reduction Act of 2022 (the IRA) increases the
election amount to $500,000 for tax years beginning after December 31, 2022. The payroll
tax credit election must be made on or before
the due date of the originally filed income tax return (including extensions). The portion of the
credit used against payroll taxes is allowed in
the first calendar quarter beginning after the
date that the qualified small business filed its income tax return. The election and determination
of the credit amount that will be used against
the employer's payroll taxes are made on Form
6765, Credit for Increasing Research Activities.
The amount from Form 6765 must then be reported on Form 8974, Qualified Small Business
Payroll Tax Credit for Increasing Research Activities.
Starting in the first quarter of 2023, the payroll tax credit is first used to reduce the employer share of social security tax up to
$250,000 per quarter and any remaining credit
reduces the employer share of Medicare tax for
the quarter. Any remaining credit, after reducing
the employer share of social security tax and
the employer share of Medicare tax, is then carried forward to the next quarter. Form 8974 is
used to determine the amount of the credit that
can be used in the current quarter. The amount
from Form 8974, line 12 or, if applicable, line 17,
is reported on Form 943, line 12. For more information about the payroll tax credit, see the Instructions for Form 8974 and go to IRS.gov/
ResearchPayrollTC.
Pub. 51 discontinued after 2023. Pub. 51,
Agricultural Employer's Tax Guide, was discontinued for tax years beginning after December
31, 2023. Instead, information specific to agricultural employers will be included in Pub. 15,
Employer's Tax Guide. For tax year 2024, there
is a new Pub. 15 (sp) that is a Spanish-language version of Pub. 15.
An employer who receives a refund of
TIP payroll taxes resulting from qualified
sick and family leave credit reported on
a 2023 Form 943 generally won't receive that
refund until the 2024 calendar year. Even
Publication 225 (2024)
though that credit isn't received until 2024, income reported in 2023 must be increased by
the refundable and nonrefundable portions of
the qualified sick and family leave credit reported on their 2023 Form 943. For more information, see the instructions for the income tax return or the Form 1040 schedule you file for your
business.
Additional employment tax information for
farmers. See Pub. 15 for more detailed guidance on employment taxes for employers of agricultural workers. For the latest information
about developments related to Pub. 15, such as
legislation enacted after it was published, go to
IRS.gov/Pub15. For general tax information relevant to agricultural employers, go to IRS.gov/
AgricultureTaxCenter. For general information
about employment taxes, go to IRS.gov/
EmploymentTaxes.
You may have nonfarm employees as
well as farm employees, for example,
CAUTION workers at a retail farm market. See
Pub. 15 for employment tax rules for wages and
noncash wages paid to these employees, as
they may differ from those discussed in this
chapter.
!
Certification program for professional employer organizations (PEOs). The Stephen
Beck, Jr., Achieving a Better Life Experience
Act of 2014 required the IRS to establish a voluntary certification program for PEOs. PEOs
handle various payroll administration and tax reporting responsibilities for their business clients
and are typically paid a fee based on payroll
costs. To become and remain certified under
the certification program, certified professional
employer organizations (CPEOs) must meet
various requirements described in sections
3511 and 7705 and related published guidance.
Certification as a CPEO may affect the employment tax liabilities of both the CPEO and its
customers. A CPEO is generally treated for employment tax purposes as the employer of any
individual who performs services for a customer
of the CPEO and is covered by a contract described in section 7705(e)(2) between the
CPEO and the customer (CPEO contract), but
only for wages and other compensation paid to
the individual by the CPEO. To become a
CPEO, the organization must apply through the
IRS Online Registration System. For more information or to apply to become a CPEO, go to
IRS.gov/CPEO.
CPEOs must generally file Form 943 and
Schedule R (Form 943), Allocation Schedule for
Aggregate Form 943 Filers, electronically. For
more information about a CPEO's requirement
to file electronically, see Revenue Procedure
2023-18, 2023-13 I.R.B. 605, available at
IRS.gov/irb/2023-13_IRB#REV-PROC-2023-18.
Work opportunity tax credit for qualified
tax-exempt organizations hiring qualified
veterans. Qualified tax-exempt organizations
that hire eligible unemployed veterans may be
able to claim the work opportunity tax credit
against their payroll tax liability using Form
5884-C. For more information, go to IRS.gov/
WOTC.
Correcting a previously filed Form 943. If
you discover an error on a previously filed Form
943, or if you otherwise need to amend a
previously filed Form 943, make the correction
Publication 225 (2024)
using Form 943-X. Form 943-X is filed separately from Form 943. For more information, see
the Instructions for Form 943-X, section 13 of
Pub.
15,
or
go
to
IRS.gov/
CorrectingEmploymentTaxes.
Federal tax deposits must be made by electronic funds transfer (EFT). You must use
EFT to make all federal tax deposits. Generally,
an EFT is made using the Electronic Federal
Tax Payment System (EFTPS). If you don't want
to use EFTPS, you can arrange for your tax professional, financial institution, payroll service, or
other trusted third party to make electronic deposits on your behalf. Also, you may arrange for
your financial institution to initiate a same-day
wire payment on your behalf. EFTPS is a free
service provided by the Department of the
Treasury. Services provided by your tax professional, financial institution, payroll service, or
other third party may have a fee.
Note. An exception applies to the EFT requirement for making your federal tax deposits.
If your liability is less than $2,500 (Form 943,
line 13), you may pay in full with a check or
money order with a timely filed return. See the
Instructions of Form 943 for more information.
For more information on making federal tax
deposits, see section 11 of Pub. 15. To get
more information about EFTPS or to enroll in
EFTPS, go to EFTPS.gov or call one of the following numbers.
• 800-555-4477
• 800-244-4829 (Spanish)
• 303-967-5916
To contact EFTPS using Telecommunications Relay Services (TRS) for people who are
deaf, hard of hearing, or have a speech disability, dial 711 and then provide the TRS assistant
the
800-555-4477
number
above
or
800-733-4829. Additional information about
EFTPS is also available in Pub. 966.
For an EFTPS deposit to be on time,
you must submit the deposit by 8 p.m.
CAUTION Eastern time the day before the date
the deposit is due.
!
Electronic filing and payment. Businesses
can enjoy the benefits of filing tax returns and
paying their federal taxes electronically.
Whether you rely on a tax professional or handle your own taxes, the IRS offers you convenient and secure programs to make filing and
paying easier. Spend less time worrying about
taxes and more time running your business.
Use e-file and EFTPS to your benefit.
• For e-file, go to IRS.gov/EmploymentEfile
for additional information. A fee may be
charged to file electronically.
• For EFTPS, go to EFTPS.gov or call
EFTPS at one of the numbers provided under the Note, earlier.
• For electronic filing of Form W-2, Wage
and Tax Statement, go to SSA.gov/
employer. You may be required to file
Forms W-2 electronically. For details, see
the General Instructions for Forms W-2
and W-3. The Social Security Administration's Business Services Online (BSO) is
an independent program from the Government of Puerto Rico electronic filing system. Employers in Puerto Rico must go to
Chapter 13
Employment Taxes
Hacienda.gobierno.pr for additional information.
Note. Unless otherwise noted, references
throughout these instructions to Form W-2 include Form 499R-2/W-2PR; references to Form
W-2c include Form 499R-2c/W-2cPR; references to Form W-3 include Form W-3 (PR); and
references to Form W-3c include Form W-3C
(PR).
Important Dates for 2025
You should take the actions indicated by the
dates listed. The dates listed here aren't
adjusted for Saturdays, Sundays, and legal
holidays (see the TIP next). Pub. 509, Tax
Calendars (for use in 2025), adjusts the dates
for Saturdays, Sundays, and legal holidays. Due
dates for deposits of withheld federal income
taxes, social security taxes, and Medicare taxes
aren't listed here. Also, the due dates for forms
required for health coverage reporting aren't
listed here. For these dates, see Pub. 509.
If any date shown next for filing a re-
TIP turn, furnishing a form, or depositing
taxes falls on a Saturday, Sunday, or legal holiday, the due date is the next business
day. The term “legal holiday” means any legal
holiday in the District of Columbia. Legal holidays in the District of Columbia are provided in
section 11 of Pub. 15. A statewide legal holiday
delays a filing or furnishing due date only if the
IRS office where you’re required to file a return
or furnish a form is located in that state. However, a statewide legal holiday doesn't delay the
due date of federal tax deposits. For any due
date, you will meet the “file” or “furnish” date requirement if the envelope containing the tax return or form is properly addressed, contains sufficient postage, and is postmarked by the U.S.
Postal Service on or before the due date, or
sent by an IRS-designated private delivery service (PDS) on or before the due date. Go to
IRS.gov/PDS for the current list of PDSs. For
the IRS mailing address to use if you're using a
PDS, go to IRS.gov/PDSstreetAddresses.
Fiscal year taxpayers. The due dates listed
next apply whether you use a calendar or a fiscal year.
By January 31.
• File Form 943 with the IRS. If you deposited all Form 943 taxes when due, you may
file Form 943 by February 10.
• File Form 940, Employer's Annual Federal
Unemployment (FUTA) Tax Return, with
the IRS. If you deposited all the FUTA tax
when due, you may file Form 940 by February 10.
• File Copy A of all paper and electronic
Forms W-2 with Form W-3, Transmittal of
Wage and Tax Statements, with the Social
Security Administration (SSA). If filing electronically, the SSA generates Form W-3
automatically based on your Forms W-2.
For more information on reporting Form
W-2 information to the SSA electronically,
go to the SSA’s Employer W-2 Filing Instructions & Information webpage at
SSA.gov/employer.
• Furnish each employee with a completed
Form W-2.
81
• File Copy A of all paper and electronic
Forms 1099-NEC, Nonemployee Compensation, that report nonemployee compensation with Form 1096, Annual Summary
and Transmittal of U.S. Information Returns, with the IRS. For information on filing
information returns electronically with the
IRS, see Pub. 1220. Other Forms 1099, including Forms 1099-MISC, Miscellaneous
Information, have different due dates. For
details about filing Forms 1099 and for information about required electronic filing,
see the General Instructions for Certain Information Returns for general information,
and the separate, specific instructions for
each information return you file (for example, the Instructions for Forms 1099-MISC
and 1099-NEC).
• Furnish a completed Form 1099-NEC to
each recipient to whom you paid $600 or
more in nonemployee compensation.
• File Form 945, Annual Return of Withheld
Federal Income Tax, with the IRS to report
any nonpayroll income tax withheld. If you
deposited all Form 945 taxes when due,
you may file Form 945 by February 10.
By February 15. Ask for a new Form W-4, Employee’s Withholding Certificate, or Formulario
W-4 (sp) from each employee who claimed exemption from federal income tax withholding
last year.
On February 16. Any Form W-4 claiming exemption from withholding for the previous year
has now expired. Begin withholding for any employee who previously claimed exemption from
withholding but hasn't given you a new Form
W-4 for the current year. If the employee doesn't
give you a new Form W-4, withhold taxes as if
they had checked the box for Single or Married
filing separately in Step 1(c) and made no entries in Step 2, Step 3, or Step 4 of the 2025
Form W-4. If the employee furnishes a new
Form W-4 claiming exemption from withholding
after February 15, you may apply the exemption
to future wages, but don't refund taxes withheld
while the exempt status wasn't in place.
Topics
This chapter discusses:
•
•
•
•
•
•
Farm employment;
Family employees;
Crew leaders;
Social security and Medicare taxes;
Federal income tax withholding;
Required notice to employees about the
earned income credit (EIC);
• Reporting and paying social security,
Medicare, and withheld federal income
taxes; and
• FUTA tax.
Useful Items
You may want to see:
Publication
15
15
Employer's Tax Guide
15-A Employer's Supplemental Tax Guide
15-A
15-B Employer's Tax Guide to Fringe
Benefits
15-B
15-T Federal Income Tax Withholding
Methods
926 Household Employer's Tax Guide
Form (and Instructions)
W-2 Wage and Tax Statement
W-2
W-4 Employee's Withholding Certificate
W-4
W-9 Request for Taxpayer Identification
Number and Certification
W-9
940 Employer's Annual Federal
Unemployment (FUTA) Tax Return
940
943 Employer's Annual Federal Tax
Return for Agricultural Employees
943
943-X Adjusted Employer's Annual
Federal Tax Return for Agricultural
Employees or Claim for Refund
943-X
Before December 1. Provide employees an
opportunity to submit a new Form W-4 if their filing status, other income, deductions, or credits
have changed or will change for the next year.
Farm Employment
82
Generally, a worker who performs services
for you is your employee if you have the right to
control what will be done and how it will be
done. This is so even when you give the employee freedom of action. What matters is that
you have the right to control the details of how
the services are performed. You’re responsible
for withholding and paying employment taxes
for your employees. You’re also required to file
employment tax returns. These requirements
don't apply to amounts that you pay to independent contractors, as discussed later under
Nonemployee compensation. See sections 1
and 2 of Pub. 15-A for more information on how
to determine whether an individual providing
services is an independent contractor or an employee.
If you employ a family of workers, each
worker subject to your control (not just the head
of the family) is an employee.
Special rules apply to crew leaders. See
Crew Leaders, later.
926
See How To Get Tax Help for information about
getting publications and forms.
You’re generally required to withhold federal income tax from the wages of your employees.
You may be required to withhold social security
and Medicare taxes from your employees' wages and pay the employer's share of these
taxes under the Federal Insurance Contributions Act (FICA). You may also have to pay federal unemployment tax under the Federal Unemployment Tax Act (FUTA). You must also
withhold Additional Medicare Tax from wages
you pay to an employee in excess of $200,000
in a calendar year. This chapter includes information about these taxes.
You must also pay self-employment tax on
your net earnings from farming. See chapter 12
for information on self-employment tax.
For more information, see section 2 of Pub. 15.
15-T
By April 30, July 31, October 31, and January 31. Deposit FUTA taxes. Deposit FUTA
tax due if the undeposited amount is over $500.
Introduction
group of up to 20 unincorporated operators, all of the commodity).
• Work related to cotton ginning, turpentine,
gum resin products, or the operation and
maintenance of irrigation facilities.
In general, you’re an employer of farmworkers if
your employees do any of the following types of
work.
• Raising or harvesting agricultural or horticultural products on a farm, including raising and feeding of livestock and raising
bees for pollination and the production of
honey.
• Operating, managing, conserving, improving, or maintaining your farm and its tools
and equipment, if the major part of such
service is performed on a farm.
• Services performed in salvaging timber, or
clearing land of brush and other debris, left
by a hurricane (also known as hurricane labor) if the major part of such service is performed on a farm.
• Handling, processing, or packaging any
agricultural or horticultural commodity in its
unmanufactured state if you produced
more than half of the commodity (for a
Chapter 13
Employment Taxes
Employer identification number (EIN). If
you’re required to report employment taxes or
give tax statements to employees, you must
have an EIN. If you don't have an EIN, you may
apply for one online by going to IRS.gov/EIN.
You may also apply for an EIN by faxing or mailing Form SS-4 to the IRS. Be aware that you
may already have an EIN if you have previously
had farm employees; previously had nonfarm
employees in a different business; you file Form
2290, Heavy Highway Vehicle Use Tax Return;
or your farm business is structured as a partnership, limited liability company, S corporation, or
C corporation.
Employee's social security number (SSN).
An employee who doesn't have an SSN and is
legally eligible to work in the United States
should submit Form SS-5, Application for a Social Security Card, to the SSA. Form SS-5 is
available from any SSA office or by calling
800-772-1213. It is also available from the
SSA's website at SSA.gov/online/ss-5.pdf.
The employee must furnish evidence of age,
identity, and U.S. citizenship or lawful immigration status permitting employment with the Form
SS-5.
Form I-9. You must verify that each new employee is legally eligible to work in the United
States. This includes completing the U.S. Citizenship and Immigration Services (USCIS)
Form I-9, Employment Eligibility Verification.
You can get Form I-9 at USCIS.gov/Forms. For
more information, go to the USCIS website at
USCIS.gov/I-9-Central or call 800-375-5283 or
800-767-1833 (TTY).
You may use the Social Security Number
Verification Service (SSNVS) at SSA.gov/
employer/ssnv.htm to verify that an employee
name matches an SSN. A person may have a
valid SSN but not be authorized to work in the
United States. You may use E-Verify at EVerify.gov to confirm the employment eligibility
Publication 225 (2024)
of newly hired employees. Some states may require employers to also use E-Verify; check with
the appropriate agency in your state.
Form W-4. You should give each new employee a Form W-4 (IRS.gov/W4) as soon as
you hire the employee. For Spanish-speaking
employees, you may use Formulario W-4 (sp),
which is the Spanish translation of Form W-4.
Have the employee complete and return Form
W-4 to you before the first payday. If the employee doesn't return the completed form, you
must withhold federal income tax as if the employee had checked the box for Single or Married filing separately in Step 1(c) and made no
entries in Step 2, Step 3, or Step 4 of Form W-4.
New hire reporting. You’re required to report
any new employee to a designated state new
hire registry. A new employee is an employee
who hasn’t previously been employed by you or
was previously employed by you but has been
separated from such prior employment for at
least 60 consecutive days. Many states accept
a copy of Form W-4 with employer information
added. Go to the Office of Child Support Enforcement
website
at
acf.hhs.gov/css/
employers for more information.
Family Employees
Generally, the wages you pay to family members who are your employees are subject to
employment taxes. However, certain exemptions may apply to wages paid to your child,
spouse, or parent.
Exemptions for your child. Payments for the
services of your child under age 18 who works
for you in your trade or business (including a
farm) aren't subject to social security and Medicare taxes. However, see Nonexempt services
of a child or spouse, later. Payments for the
services of your child under age 21 employed
by you in other than a trade or business, such
as payments for household services in your
home, also aren't subject to social security or
Medicare taxes. Payments for the services of
your child under age 21 employed by you,
whether or not in your trade or business, aren't
subject to FUTA tax. Although not subject to social security, Medicare, or FUTA tax, the child's
wages may still be subject to federal income tax
withholding.
FUTA taxes if they work for any of the following
entities.
• A corporation, even if it is controlled by
you.
• A partnership, even if you’re a partner. This
doesn't apply to wages paid to your child if
each partner is a parent of the child.
• An estate or trust, even if it is the estate of
a deceased parent.
In these situations, the child or spouse is considered to work for the corporation, partnership,
or estate, not you.
Exemptions for your parent. Payments for
the services of your parent employed by you in
your trade or business are subject to federal income tax withholding and social security and
Medicare taxes. Social security and Medicare
taxes don't apply to wages paid to your parent
for services not in your trade or business, but
they do apply to payments for household services in your home if both of the following conditions are satisfied.
• You have a child (including an adopted
child or stepchild) living in your home who
is under age 18 or has a physical or mental
condition that requires care by an adult for
at least 4 continuous weeks in the calendar
quarter services were performed.
• You’re a widow or widower; or divorced
and not remarried; or have a spouse in the
home who, because of a physical or mental condition, can't care for your child for at
least 4 continuous weeks in the calendar
quarter services were performed.
Wages you pay to your parent aren't subject
to FUTA tax, regardless of the type of services
provided.
Qualified joint venture (QJV). If spouses
elect to be treated as a QJV instead of a partnership, either spouse may report and pay the
employment taxes due on the wages paid to
employees using the EIN of that spouse's sole
proprietorship. For more information about
QJVs, see chapter 12.
Crew Leaders
If farmworkers are provided by a crew leader,
the crew leader may be the employer of the
workers.
Exemptions for your spouse. Payments for
the services of your spouse who works for you
in your trade or business are subject to federal
income tax withholding and social security and
Medicare taxes, but not FUTA tax.
Payments for the services of your spouse
employed by you in other than a trade or business, such as payments for household services
in your home, aren't subject to social security,
Medicare, or FUTA tax.
Social security and Medicare taxes. For social security and Medicare tax purposes, the
crew leader is the employer of the workers if
both of the following requirements are met.
• The crew leader pays (either on their own
behalf or on behalf of the farmer) the workers for their farm labor.
• The crew leader hasn't entered into a written agreement with the farmer under which
the crew leader is designated as an employee of the farmer.
Nonexempt services of a child or spouse.
Payments for the services of your child or
spouse are subject to federal income tax withholding as well as social security, Medicare, and
If both requirements are met, the crew
leader isn't considered the employee of the
farmer for services performed by the crew
leader in furnishing farmworkers and as a member of the crew.
Federal income tax withholding. If the crew
leader is the employer for social security and
Publication 225 (2024)
Chapter 13
Employment Taxes
Medicare tax purposes, the crew leader is the
employer for federal income tax withholding
purposes.
Federal unemployment (FUTA) tax. For
FUTA tax purposes, the crew leader is the employer of the workers if, in addition to the earlier
requirements, either of the following requirements is met.
• The crew leader is registered under the Migrant and Seasonal Agricultural Worker
Protection Act.
• Substantially all crew members operate or
maintain mechanized equipment provided
by the crew leader as part of the service to
the farmer.
The farmer is the employer of workers furnished by a crew leader in all other situations. In
addition, the farmer is the employer of workers
furnished by a registered crew leader if the
workers are the employees of the farmer under
the common-law test. For example, some farmers employ individuals to recruit farmworkers
exclusively for them. Although these individuals
may be required to register under the Migrant
and Seasonal Agricultural Worker Protection
Act, the workers are employed directly by the
farmer. The farmer is the employer in these cases. For information about common-law employees, see section 1 of Pub. 15-A. For information about the Migrant and Seasonal
Agricultural Worker Protection Act, which protects migrant and seasonal agricultural workers
by establishing employment standards related
to wages, housing, transportation, and disclosures and recordkeeping, and which requires
farm labor contractors to register with the U.S.
Department of Labor (DOL), go to the DOL
website
at
dol.gov/whd/regs/compliance/
whdfs49.htm.
Social Security and
Medicare Taxes
All cash wages that you pay to farmworkers are
subject to social security and Medicare taxes
for any calendar year for which you meet either
of the following tests.
• You pay an employee cash wages of $150
or more in a year for farmwork (count all
wages paid on a time, piecework, or other
basis). The $150 test applies separately to
each farmworker that you employ. If you
employ a family of workers, each member
is treated separately. Don't count wages
paid by other employers.
• The total (cash and noncash) wages that
you pay to all farmworkers is $2,500 or
more.
If the $2,500-or-more test for the group isn't
met, the $150-or-more test for an individual still
applies. Similarly, if the $150-or-more test is not
met for any individual, the $2,500-or-more test
for the group still applies.
Exceptions. Annual cash wages of less than
$150 you pay to a seasonal farmworker aren't
subject to social security and Medicare taxes,
even if you pay $2,500 or more to all your farmworkers. However, these wages count toward
the $2,500 test for determining whether other
83
farmworkers' wages are subject to social security and Medicare taxes.
A seasonal farmworker is a worker who:
• Works as a hand-harvest laborer,
• Is paid piece rates in an operation usually
paid on this basis in the region of employment,
• Commutes daily from their permanent
home to the farm, and
• Worked in agriculture less than 13 weeks
in the preceding calendar year.
See Family Employees, earlier, for certain
exemptions from social security and Medicare
taxes that apply to your child, spouse, and parent.
Religious exemption. An exemption from
social security and Medicare taxes is available
to members of a recognized religious group or
division opposed to public insurance. This exemption is available only if both the employee
and the employer are members of the group or
division. These employees are still subject to
federal income tax. For more information, see
Pub. 517.
Cash wages. Only cash wages paid to farmworkers are subject to social security and Medicare taxes. Cash wages include checks, money
orders, and any kind of money or cash.
Only cash wages subject to social security
and Medicare taxes are credited to your employees for social security benefit purposes.
Payments not subject to these taxes, such as
certain commodity wages (discussed next),
don't contribute to your employees' social security coverage. For information about social security benefits, go to SSA.gov or call the SSA at
800-772-1213.
Noncash wages (including commodity wages). Noncash wages include food, lodging,
clothing, transportation passes, farm products,
or other goods or commodities. Noncash wages
paid to farmworkers, including commodity wages, aren't subject to social security and Medicare taxes. However, they are subject to these
taxes if the substance of the transaction is a
cash payment. For information on lodging provided as a condition of employment, see Pub.
15-B.
Report the value of noncash wages in box 1
of Form W-2 together with cash wages. Don't
show noncash wages in box 3 or in box 5 (unless the substance of the transaction is a cash
payment).
Tax rates and social security wage base
limit. For 2024, the employer and the employee will pay the following taxes.
• The employer and employee each pay
6.2% of cash wages for social security tax
(old-age, survivors, and disability insurance).
• The employer and employee each pay
1.45% of cash wages for Medicare tax
(hospital insurance).
• The employee pays 0.9% of cash wages in
excess of $200,000 for Additional Medicare Tax.
Wage base limit. The limit on wages subject to social security tax for 2024 is $168,600.
There is no limit on wages subject to Medicare
84
tax. All covered wages are subject to Medicare
tax. Additionally, all wages in excess of
$200,000 are subject to Additional Medicare
Tax withholding.
Paying employee's share. If you would rather
pay the employee's share of social security and
Medicare taxes without deducting it from their
wages, you may do so. It is additional income to
the employee, thus it is subject to income tax
withholding. You must include it in box 1 of the
employee's Form W-2, but don't count it as social security and Medicare wages (boxes 3 and
5 of Form W-2) or as wages for FUTA tax purposes.
Example. Gabrielle operates a small family
fruit farm. She employs day laborers in the picking season to enable her to timely get her crop
to market. She doesn't deduct the employees'
share of social security and Medicare taxes
from their pay; instead, she pays it on their behalf. When she prepares her employees' Forms
W-2, she adds each employee's share of social
security and Medicare taxes that she paid to the
employee's wage income (box 1 of Form W-2),
but doesn't include it in box 3 (social security
wages) or box 5 (Medicare wages and tips).
For 2024, Gabrielle paid Dan $1,000 during
the year. She enters $1,076.50 in box 1 of Dan’s
Form W-2 ($1,000 wages plus $76.50 social security and Medicare taxes paid for Dan). She
enters $1,000.00 in boxes 3 and 5 of Dan's
Form W-2.
Additional Medicare Tax. In addition to withholding Medicare tax at 1.45%, you must also
withhold a 0.9% Additional Medicare Tax from
wages you pay to an employee in excess of
$200,000 in a calendar year. You’re required to
begin withholding Additional Medicare Tax in
the pay period in which you pay wages in excess of $200,000 to an employee and continue
to withhold it each pay period until the end of
the calendar year. Additional Medicare Tax is
only imposed on the employee. There is no employer share of Additional Medicare Tax. All wages that are subject to Medicare tax are subject
to Additional Medicare Tax withholding if paid in
excess of the $200,000 withholding threshold.
For more information on what wages are
subject to Medicare tax, see the chart, Special
Rules for Various Types of Services and Payments, in section 15 of Pub. 15. For more information on Additional Medicare Tax, go to
IRS.gov/ADMTfaqs.
Federal Income Tax
Withholding
If the cash wages you pay to farmworkers are
subject to social security and Medicare taxes,
they are also subject to federal income tax withholding. Although noncash wages are subject to
federal income tax, withhold income tax on
these noncash wages only if you and the employee agree to do so. The amount to withhold
is figured on gross wages without taking out social security and Medicare taxes, union dues,
etc.
Chapter 13
Employment Taxes
Form W-4. Generally, the amount of federal income tax you withhold is based on the employee's filing status and other information reported
on the employee's Form W-4. Don't withhold
federal income tax from the wages of an employee who, by writing “Exempt” on Form W-4,
certifies that they had no federal income tax liability last year and anticipates no liability for the
current year.
You should give each new employee a Form
W-4 as soon as you hire the employee. For
Spanish-speaking employees, you may use
Formulario W-4 (sp), which is the Spanish
translation of Form W-4. Have the employee
complete and return Form W-4 to you before the
first payday. If the employee doesn't return the
completed form, you must withhold federal income tax as if the employee had checked the
box for Single or Married filing separately in
Step 1(c) and made no entries in Step 2, Step
3, or Step 4 of Form W-4.
You should make the 2025 Form W-4 available to your employees and encourage them to
check their income tax withholding for 2025.
Those employees who owed a large amount of
tax or received a large refund for 2024 may
want to submit a new Form W-4. You can't accept substitute Forms W-4 developed by employees. Advise your employees to use the IRS
Tax Withholding Estimator available at IRS.gov/
W4App to determine accurate withholding.
Form W-2. By January 31, you must furnish
each employee a Form W-2 showing total wages for the previous year and total federal income tax, social security tax, and Medicare tax
withheld. However, if an employee stops working for you and asks for the form earlier, you
must give it to the employee within 30 days of
the later of the following dates.
• The date the employee asks for the form.
• The date you make your final payment of
wages to the employee.
Compensation paid to H-2A agricultural
workers. Report compensation of $600 or
more paid to foreign agricultural workers who
entered the country on H-2A visas in box 1 of
Form W-2. Compensation paid to H-2A agricultural workers for agricultural labor performed in
connection with this visa isn't subject to social
security and Medicare taxes, and therefore
shouldn't be reported as wages subject to social security tax (line 2), Medicare tax (line 4), or
Additional Medicare Tax (line 6) on Form 943,
and shouldn't be reported as social security wages (box 3) or Medicare wages (box 5) on Form
W-2. On Form W-2, don't check box 13 (Statutory employee), as H-2A agricultural workers
aren't statutory employees.
An employer isn’t required to withhold federal income tax from compensation paid to an
H-2A agricultural worker for agricultural labor
performed in connection with this visa unless
the worker asks for withholding and the employer agrees. In this case, the worker must give
the employer a completed Form W-4. Federal
income tax withheld should be reported on
Form 943, line 8, and in box 2 of Form W-2.
These reporting rules apply when the H-2A
agricultural worker provides their taxpayer identification number (TIN) to the employer. However, if an H-2A agricultural worker didn't provide the employer with a TIN, the employee is
Publication 225 (2024)
subject to backup withholding. The employer
must report the wages and backup withholding
on Form 1099-MISC. The employer must also
report the backup withholding on Form 945,
line 2.
For more information, see the Instructions
for Forms 1099-MISC and 1099-NEC and the
Instructions for Form 945. For more information
on foreign agricultural workers on H-2A visas,
go to IRS.gov/H2A.
Required notice to employees about the
earned income credit (EIC). You must provide notification about the EIC to each employee who worked for you at any time during
the year and from whom you didn't withhold any
federal income tax. However, you don't have to
notify employees who claim exemption from
federal income tax withholding on Form W-4.
You meet the notification requirement by giving
each employee any of the following.
• Form W-2, which contains the EIC notification on the back of Copy B.
• A substitute Form W-2 with the exact EIC
wording shown on the back of Copy B of
Form W-2.
• Notice 797, Possible Federal Tax Refund
Due to the Earned Income Credit (EIC).
• Your own written statement with the exact
wording of Notice 797. For more information, see Pub. 15 and Notice 1015, Have
You Told Your Employees About the
Earned Income Credit (EIC).
How to figure withholding. You can use one
of several methods to determine the amount to
withhold. The methods are described in Pub.
15-T, which contains tables showing the correct
amount of federal income tax you should withhold. Section 9 of Pub. 15 also contains additional information about federal income tax withholding.
Nonemployee compensation. Generally, you
don't have to withhold federal income tax on
payments for services to individuals who aren't
your employees. However, you may be required
to report these payments on Form 1099-NEC
and to withhold under the backup withholding
rules. For example, persons who haven’t furnished their TINs to you are subject to withholding on payments required to be reported on
Form 1099-NEC. For more information, see the
Instructions for Forms 1099-MISC and
1099-NEC. For backup withholding on H-2A agricultural workers, see Compensation paid to
H-2A agricultural workers, earlier.
Example. You contract Sean Black to complete custom corn chopping on your farm. Because Sean Black is a contracted individual and
not an employee, you will issue him a Form
1099-NEC to report the compensation paid for
the custom corn chopping services.
Example. You rent a barn from Valerie
Brown for the operation of your business. Because you pay more than $600 annually for the
rental, you will need to issue a Form 1099-MISC
to Valerie Brown to report the rent you paid to
her.
Publication 225 (2024)
Reporting and Paying
Social Security,
Medicare, and Withheld
Federal Income Taxes
You must withhold federal income, social security, and Medicare taxes required to be withheld
from the salaries and wages of your employees.
You’re liable for the payment of these taxes to
the federal government whether or not you collect them from your employees. If, for example,
you withhold less than the correct tax from an
employee's wages, you’re still liable for the full
amount. You must also pay the employer's
share of social security and Medicare taxes.
There is no employer share of Additional Medicare Tax.
Form 943. Report withheld federal income tax,
social security tax, and Medicare tax on Form
943. Your 2024 Form 943 is due by January 31,
2025 (or February 10, 2025, if you made deposits on time in full payment of the taxes due for
the year).
Deposits. Generally, you must deposit both the
employer share and employee share of social
security and Medicare taxes and federal income
tax withheld during the year. However, you may
make payments with Form 943 instead of depositing them if you accumulate less than a
$2,500 tax liability (“Total taxes after adjustments and nonrefundable credits” line on Form
943) during the year and you pay in full with a
timely filed return. See the Instructions for Form
943 for more information on making a payment
with your return.
For more information on deposit rules, see
section 11 of Pub. 15.
Electronic deposit requirement. You
must use EFT to make all federal tax deposits.
See Federal tax deposits must be made by
electronic funds transfer (EFT), earlier.
Trust fund recovery penalty. If you’re responsible for withholding, accounting for, depositing,
or paying federal income, social security, and
Medicare taxes (that is, trust fund taxes) and
willfully fail to do so, you can be held liable for
a penalty equal to the withheld tax not paid. The
trust fund recovery penalty won't apply to any
amount of trust fund taxes an employer holds
back in anticipation of any credits they are entitled to.
A responsible person can be an officer of a
corporation, a partner, a sole proprietor, or an
employee of any form of business. A trustee or
agent with authority over the funds of the business can also be held responsible for the penalty. Willfully means voluntarily, consciously, and
intentionally. Paying other expenses of the business instead of the taxes due is acting willfully.
Consequences of treating an employee as
an independent contractor. If you classify an
employee as an independent contractor and
you have no reasonable basis for doing so, you
may be held liable for employment taxes for that
worker. See Pub. 15-A for more information.
Chapter 13
Employment Taxes
Federal Unemployment
(FUTA) Tax
You must pay FUTA tax if you meet either of the
following tests.
• You paid cash wages of $20,000 or more
to farmworkers in any calendar quarter during the current or preceding calendar year.
• You employed 10 or more farmworkers for
some part of at least 1 day (whether or not
all at the same time) during any 20 or more
different calendar weeks during the current
or preceding calendar year.
These rules don't apply to exempt services of
your spouse, your parents, or your children under age 21. See Family Employees, earlier.
Alien farmworkers. Wages paid to aliens admitted on a temporary basis to the United
States to perform farmwork (also known as
H-2A agricultural workers) are exempt from
FUTA tax. However, include your employment of
these workers and the wages you paid them to
determine whether you meet either of the above
tests.
Commodity wages. Payments in kind for farm
labor aren't cash wages. Don't count them to
figure whether you’re subject to FUTA tax or to
figure how much tax you owe.
Tax rate and credit. The gross FUTA tax rate
is 6.0% of the first $7,000 cash wages you pay
to each employee during the year. However,
you’re given a credit of up to 5.4% of the first
$7,000 cash wages you pay to each employee
for the state unemployment tax you pay. If your
state tax rate (experience rate) is less than
5.4%, you may still be allowed the full 5.4%
credit.
If all of the taxable FUTA wages you paid
were excluded from state unemployment tax,
the full 6.0% rate applies. See the Instructions
for Form 940 for additional information.
More information. For more information on
FUTA tax, see section 14 of Pub. 15.
Reporting and Paying FUTA
Tax
The FUTA tax is imposed on you as the employer. It must not be collected or deducted
from the wages of your employees.
Form 940. Report FUTA tax on Form 940. The
2024 Form 940 is due by January 31, 2025 (or
February 10, 2025, if you timely deposited the
full amount of your 2024 FUTA tax).
Deposits. If at the end of any calendar quarter
you owe, but haven't yet deposited, more than
$500 in FUTA tax for the year, you must make a
deposit by the end of the following month. If the
undeposited tax is $500 or less at the end of a
quarter, you don't have to deposit it. You can
add it to the tax for the next quarter. If the total
undeposited tax is more than $500 at the end of
the next quarter, a deposit will be required. If the
total undeposited tax at the end of the 4th
85
quarter is $500 or less, you can either make a
deposit or pay it with your return by the January
31, 2025, due date.
Electronic deposit requirement. You
must use EFT to make all federal tax deposits.
See Federal tax deposits must be made by
electronic funds transfer (EFT), earlier.
14.
Fuel Excise Tax
Credits and
Refunds
What’s New
Credits expiring. After December 31, 2024,
biodiesel mixture, alternative fuel mixture, and
sustainable aviation fuel credits will all expire
unless legislation passes to renew them.
Introduction
You may be eligible to claim a credit on your income tax return for the federal excise tax on
certain fuels. You may also be eligible to claim a
quarterly refund of the fuel taxes during the
year, instead of waiting to claim a credit on your
income tax return.
Whether you can claim a credit or refund depends on whether the fuel was taxed and the
purpose (nontaxable use) for which you used
the fuel. The nontaxable uses of fuel for which a
farmer may claim a credit or refund are generally the following.
• Use on a farm for farming purposes.
• Off-highway business use.
• Uses other than as a fuel in a propulsion
engine, such as home use.
Table 14-1 presents an overview of credits
and refunds that may be claimed for fuels used
for the nontaxable uses listed above. See Pub.
510, Excise Taxes, for more information.
Topics
This chapter discusses:
•
•
•
•
•
•
Fuels used in farming
Dyed diesel fuel and dyed kerosene
Fuels used in off-highway business use
Fuels used for household purposes
How to claim a credit or refund
Including the credit or refund in income
Table 14-1. Fuel Excise Tax Credits and Refunds at a Glance
Use this table to see if you can take a credit or refund for a nontaxable use of the fuel listed.
On a Farm for Farming
Purposes
Fuel Used
Household Use or
Use Other Than as
a Fuel1
Gasoline
Credit only
Credit or refund
None
Aviation gasoline
Credit only
None
None
Undyed diesel fuel
and undyed
kerosene
Credit or refund
Credit or refund
Credit or refund2
Kerosene for use in
aviation
Credit or refund
None
None
Dyed diesel fuel
and dyed kerosene
None
None
None
Other Fuels
(including
alternative fuels)3
Credit or refund
Credit or refund
None
1
2
For a use other than as fuel in a propulsion engine.
Applies to undyed kerosene not sold from a blocked pump or, under certain circumstances, for blending
with undyed diesel fuel to be used for heating purposes. See Regulations section 48.6427-10(b)(1) for the
definition of a blocked pump.
2
3
Other Fuels means any liquid except gas oil, fuel oil, or any product taxable under section 4081. It includes
the alternative fuels: liquefied petroleum gas (LPG), “P” Series fuels, compressed natural gas (CNG),
liquefied hydrogen, Fischer-Tropsch process liquid fuel from coal (including peat), liquid fuel derived from
biomass, liquefied natural gas (LNG), liquefied gas derived from biomass, and compressed gas derived
from biomass.
Useful Items
You may want to see:
Publication
510 Excise Taxes
510
Form (and Instructions)
720 Quarterly Federal Excise Tax Return
4136 Credit for Federal Tax Paid on Fuels
8849 Claim for Refund of Excise Taxes
720
4136
8849
See How To Get Tax Help for information about
getting publications and forms.
Fuels Used in Farming
Owners, operators, and tenants of farms and
certain other persons may be eligible to claim a
credit or refund of excise taxes on fuel used in
the trade or business of farming, when used on
a farm in the United States for farming purposes. See Table 14-1 for a list of available fuel excise tax credits and refunds. Fuel is used on a
farm for farming purposes only if used in carrying on a trade or business of farming, on a farm
in the United States, and for farming purposes.
Farm. A farm includes livestock, dairy, fish,
poultry, fruit, fur-bearing animals, truck farms,
orchards, plantations, ranches, nurseries,
ranges, and feed yards for finishing cattle. It
also includes structures such as greenhouses
used primarily for raising agricultural or horticultural commodities. A fish farm is an area where
fish are grown or raised and not merely caught
or harvested.
Dyed versus undyed diesel. Diesel is
undyed when sold for highway use vehicles and
86
Off-Highway
Business Use
Chapter 14
Fuel Excise Tax Credits and Refunds
excise tax is collected at the time of sale. The
diesel is dyed when the intended use is for nontaxable purposes, such as farming, and no excise tax is collected at the time of sale. When
undyed diesel is used in farming or any other
qualifying purpose, the taxpayer may recover
the excise tax paid by claiming a credit or filing
for a refund (see Table 14-1).
Dyed diesel fuel and dyed kerosene. If
you purchase dyed diesel fuel or dyed kerosene
for a nontaxable use, you must use it only on a
farm for farming purposes or for other nontaxable purposes. For example, you shouldn't use
dyed diesel fuel in a truck that is used both on
the farm for farming purposes and on the highway, even though the highway use is in connection with farm business. Excise tax applies to
the fuel used by the truck on the highways. In
this situation, undyed (taxed) fuel should be
purchased for the truck. You should keep fuel
records of the use of the truck on the farm for
farming purposes, and for other uses. You may
be eligible for a credit or refund for the excise
tax on fuel used on the farm for farming purposes.
Penalty. A penalty is imposed on any person
who knowingly uses, sells, or alters dyed diesel
fuel or dyed kerosene for any purpose other
than a nontaxable use. The penalty is the
greater of $1,000 or $10 per gallon of the dyed
diesel fuel or dyed kerosene involved. After the
first violation, the $1,000 portion of the penalty
increases depending on the number of violations. For more information on this penalty, see
Pub. 510.
Farming purposes. As the owner, tenant, or
operator and the ultimate purchaser of fuel that
you purchased, you use the fuel on a farm for
Publication 225 (2024)
farming purposes if you use it in any of the following ways.
1. To cultivate the soil or to raise or harvest
any agricultural or horticultural commodity.
2. To raise, shear, feed, care for, train, or
manage livestock, bees, poultry, fur-bearing animals, or wildlife.
3. To operate, manage, conserve, improve,
or maintain your farm and its tools and
equipment.
4. To handle, dry, pack, grade, or store any
raw agricultural or horticultural commodity.
For this use to qualify, you must have produced more than half the commodity so
treated during the tax year. The
more-than-one-half test applies separately
to each commodity. Commodity means a
single raw product. For example, apples
and peaches are two separate commodities.
5. To plant, cultivate, care for, or cut trees or
to prepare (other than sawing logs into
lumber, chipping, or other milling) trees for
market, but only if these activities are incidental to your farming operations. Your
tree operations are incidental only if they
are minor in nature when compared to the
total farming operations.
If any other person, such as a neighbor or
custom operator (independent contractor), performs a service for you on your farm for any of
the purposes included in list item (1) or (2)
above, you are considered to be the ultimate
purchaser who used the fuel on a farm for farming purposes. Therefore, you can still claim the
credit or refund for the fuel so used. However,
see Custom application of fertilizer and pesticide, later. If the other person performs any
other services for you on your farm for purposes
not included in list item (1) or (2) above, no one
can claim the credit or refund for fuel used on
your farm for those other services.
Fuel not used for farming. You don’t use
fuel on a farm for farming purposes when you
use it in any of the following ways.
• Off the farm, such as on the highway or in
noncommercial aviation, even if the fuel is
used in transporting livestock, feed, crops,
or equipment.
• For personal use, such as lawn mowing.
• In processing, packaging, freezing, or canning operations.
• In processing crude gum into gum spirits of
turpentine or gum resin or in processing
maple sap into maple syrup or maple
sugar.
Buyer of fuel, including undyed diesel
fuel or undyed kerosene. If doubt exists
whether the owner, tenant, or operator of the
farm bought the fuel, determine who actually
bore the cost of the fuel. For example, if the
owner of a farm and his or her tenant equally
share the cost of gasoline used on the farm,
each can claim a credit for the tax on half the
fuel used.
Undyed diesel fuel, undyed kerosene,
and other fuels (including alternative fuel).
Usually, the farmer is the only person who can
make a claim for credit or refund for the tax on
Publication 225 (2024)
Table 14-2. Claiming a Credit or Refund of Excise Taxes
This table gives the basic rules for claiming a credit or refund of excise taxes on fuels used for a
nontaxable use.
Credit
Refund
Which form to use
Form 4136, Credit for Federal
Tax Paid on Fuels
Form 8849, Claim for Refund of
Excise Taxes; and Schedule 1
(Form 8849), Nontaxable Use
of Fuels
Type of form
Annual
Quarterly
When to file
With your income tax return
By the last day of the quarter
following the last quarter
included in the claim
Amount of tax
Any amount
$750 or more1
1
You may carry over an amount less than $750 to the next quarter.
undyed diesel fuel, undyed kerosene, or other
fuels (including alternative fuel) used for farming
purposes. However, see Custom application of
fertilizer and pesticide next. Also see Dyed diesel fuel and dyed kerosene, earlier.
Example. Farm owner Haleigh Blue hired
custom operator Tyler Steele to cultivate the soil
on Haleigh’s farm. Tyler purchased 200 gallons
of undyed diesel fuel to perform the work on Haleigh's farm. In addition, Haleigh hired contractor Lee Brown to pack and store the farm’s apple crop. Lee bought 25 gallons of undyed
diesel fuel to use in packing the apples. Haleigh
can claim the credit for the 200 gallons of
undyed diesel fuel used by Tyler on the farm because it qualifies as fuel used on the farm for
farming purposes. No one can claim a credit for
the 25 gallons used by Lee because that fuel
wasn’t used for a farming purpose included in
list item (1) or (2) above.
In the above example, both Tyler Steele and
Lee Brown could have purchased dyed (untaxed) diesel fuel for their tasks.
Custom application of fertilizer and pesticide. Fuel used on a farm for farming purposes includes fuel used in the application (including aerial application) of fertilizer, pesticides, or
other substances. Generally, the applicator is
treated as having used the fuel on a farm for
farming purposes and therefore claims the
credit or refund. For applicators using highway
vehicles, only the fuel used on the farm is exempt. Fuel used traveling on the highway to and
from the farm is taxable. Fuel used by an aerial
applicator for the direct flight between the airfield and one or more farms is treated as used
for a farming purpose. For aviation gasoline, the
aerial applicator makes the claim as the ultimate purchaser. For kerosene used in aviation,
the ultimate purchaser may make the claim or
waive the right to make the claim to the registered ultimate vendor. A sample waiver is included as Model Waiver L in the appendix of Pub.
510.
for undyed diesel fuel and undyed kerosene
sold for use on a farm for farming purposes.
All-terrain vehicles (ATVs). Fuel used in
ATVs on a farm for farming purposes, discussed
earlier, is eligible for a credit or refund of excise
taxes on the fuel. Fuel used in ATVs for nonfarming purposes isn’t eligible for a credit or refund of the taxes. If ATVs are used both for
farming and nonfarming purposes, only that
portion of the fuel used for farming purposes is
eligible for the credit or refund.
Fuels Used in
Off-Highway Business
Use
You may be eligible to claim a credit or refund
for the excise tax on fuel used in an off-highway
business use.
Off-highway business use. This is any use of
fuel in a trade or business or in an income-producing activity. The use must not be in a highway vehicle registered or required to be registered for use on public highways. Off-highway
business use generally doesn’t include any use
in a recreational motorboat.
Examples. Off-highway business use includes the use of fuels in a trade or business in
any of the following ways.
• In stationary machines such as generators,
compressors, power saws, and similar
equipment.
• For cleaning.
• In forklift trucks, bulldozers, and earthmovers.
Off-highway nonbusiness (taxable) use of
fuel includes use in minibikes, snowmobiles,
power lawn mowers, chain saws, and other yard
equipment. For more information, see Pub. 510.
A registered ultimate vendor is the person
who sells undyed diesel fuel, undyed kerosene,
or kerosene for use in aviation to the user (ultimate purchaser) of the fuel for use on a farm for
farming purposes. To claim a credit or refund of
tax, the ultimate vendor must be registered with
the IRS at the time the claim is made. However,
registered ultimate vendors can’t make claims
Chapter 14
Fuel Excise Tax Credits and Refunds
87
Fuels Used for
Household Purposes or
Other Than as a Fuel for
Propulsion Engines
You may be eligible to claim a credit or refund
for the excise tax on undyed diesel fuel or kerosene used for home heating, lighting, and cooking. This also applies to diesel fuel and kerosene used in a home generator to produce
electricity for home use. Home use of a fuel
doesn’t include use in a propulsion engine and
it's also not considered an off-highway business
use.
How To Claim a Credit or
Refund
You may be able to claim a credit or refund of
the excise tax on fuels you use for nontaxable
uses. The basic rules for claiming credits and
refunds are listed in Table 14-2.
Keep at your principal place of business all records needed to enable the
RECORDS IRS to verify that you are the person
entitled to claim a credit or refund and the
amount you claimed. You don’t have to use any
special form, but the records should establish
the following information.
• The total number of gallons bought and
•
•
•
•
used during the period covered by your
claim.
The date of each purchase.
The names and addresses of suppliers
and amounts bought from each during the
period covered by your claim.
The nontaxable use for which you used the
fuel.
The number of gallons used for each nontaxable use.
It's important that your records separately show
the number of gallons used for each nontaxable
use that qualifies as a claim. For more information about recordkeeping, see Pub. 583, Starting a Business and Keeping Records.
Credit or refund. A credit is an amount that
reduces the tax on your income tax return when
you file it at the end of the year. If you meet certain requirements, you may claim a refund during the year instead of waiting until you file your
income tax return.
Credit only. You can claim the following
taxes only as a credit on your income tax return.
• Tax on gasoline and aviation gasoline you
used on a farm for farming purposes.
• Tax on fuels (including undyed diesel fuel
or undyed kerosene) you used for nontaxable uses if the total for the tax year is less
than $750.
• Tax on fuel you didn’t include in any claim
for refund previously filed for any quarter of
the tax year.
88
Claiming a Credit
You make a claim for a fuel tax credit on Form
4136 and attach it to your income tax return.
Don’t claim a credit for any excise tax for which
you have filed a refund claim.
How to claim a credit. How you claim a credit
depends on whether you are an individual, partnership, corporation, S corporation, trust, or
farmers' cooperative association.
Individuals. You claim the credit on the
“Credit for federal tax on fuels” line of your Form
1040 or 1040-SR. If you wouldn’t otherwise
have to file an income tax return, you must do
so to get a fuel tax credit.
Partnerships. Partnerships claim the credit
by including a statement on Schedule K-1
(Form 1065), Partner's Share of Income, Deductions, Credits, etc., showing each partner's
share of the number of gallons of each fuel sold
or used for a nontaxable use, the type of use,
and the applicable credit per gallon. Each partner claims the credit on his or her income tax return for the partner's share of the fuel used by
the partnership.
Other entities. Corporations, S corporations, farmers' cooperative associations, and
trusts make the claim on the appropriate line of
their income tax return.
When to claim a credit. You can claim a fuel
tax credit on your income tax return for the year
you used the fuel.
You may be able to make a fuel tax
TIP claim on an amended income tax re-
turn for the year you used the fuel. A
claim for credit or refund of an overpayment
must generally be filed within the later of:
• 3 years from the date the original return
was filed, or
• 2 years from the date the tax was paid.
Claiming a Refund
If eligible, you can claim a refund of excise taxes
using Schedule 1 (Form 8849); if you file Form
720, you can use its Schedule C to claim a refund for the quarter; if you file Form 4136, you
can use it to claim a refund for your tax year by
attaching it to your tax return. Don't claim a refund on any of these forms for any amount that
you have filed, or will file, a claim for refund on
another form.
You can use Schedule 1 (Form 8849) to file
a claim for a refund for any quarter of your tax
year for which you can claim $750 or more. This
amount is the excise tax on all fuels used for a
nontaxable use during that quarter or any prior
quarter (for which no other claim has been filed)
during the tax year.
If you can’t claim at least $750 at the end of
a quarter, you carry the amount over to the next
quarter of your tax year to determine if you can
claim at least $750 for that quarter. If you can’t
claim at least $750 at the end of the fourth quarter of your tax year, you must claim a credit on
your income tax return using Form 4136. Only
one claim can be filed for a quarter.
Chapter 14
Fuel Excise Tax Credits and Refunds
You can’t claim a refund for excise tax
on gasoline and aviation gasoline used
CAUTION on a farm for farming purposes. You
must claim a credit on your income tax return for
the tax.
!
How to file a quarterly claim. File the claim
for refund by completing Schedule 1 (Form
8849) and attaching it to Form 8849. Send it to
the address shown in the instructions. If you file
Form 720, you can use its Schedule C for your
refund claims. See the Instructions for Form
720.
When to file a quarterly claim. You must file
a quarterly claim by the last day of the first quarter following the last quarter included in the
claim. If you don’t file a timely refund claim for
the fourth quarter of your tax year, you will have
to claim a credit for that amount on your income
tax return, as discussed earlier.
In most situations, the amount claimed
as a credit or refund will be less than
CAUTION the amount of fuel tax paid, because
the Leaking Underground Storage Tank (LUST)
tax of $0.001 per gallon is generally not subject
to credit or refund.
!
Including the Credit or
Refund in Income
Include any credit or refund of excise taxes on
fuels in your gross income if you claimed the total cost of the fuel (including the excise taxes)
as an expense deduction that reduced your income tax liability.
Which year you include a credit or refund in
gross income depends on whether you use the
cash or an accrual method of accounting.
Cash method. If you use the cash method
and file a claim for refund, include the refund
amount in gross income for the tax year in
which you receive the refund. If you claim a
credit on your income tax return, include the
credit amount in gross income for the tax year in
which you file Form 4136. If you file an amended return and claim a credit, include the credit
amount in gross income for the tax year in
which you receive the credit.
Example. Morgan Brown, a farmer who
uses the cash method, filed a 2024 Form 1040
on March 3, 2025. On the Schedule F, Morgan
deducted the total cost of gasoline (including
$110 of excise taxes) used on the farm for farming purposes. Then, on Form 4136, Morgan
claimed the $110 as a credit, then reports the
$110 as other income on line 8 of the 2024
Schedule F.
Accrual method. If you use an accrual
method, include the amount of credit or refund
in gross income for the tax year in which you
used the fuels. It doesn’t matter whether you
filed for a quarterly refund or claimed the entire
amount as a credit.
Example. Amy Johnson, a farmer who
uses the accrual method, files a 2024 Form
1040 on April 15, 2025, because she made an
Publication 225 (2024)
estimated tax payment by January 15, 2025. On
Schedule F, Amy deducts the total cost of gasoline (including $155 of excise taxes) used on the
farm for farming purposes during 2024. On
Form 4136, Amy claims the $155 as a credit,
then reports the $155 as other income on line 8
of 2024 Schedule F.
Gross Income next for information on how to figure your gross income from all sources, and see
Gross Income From Farming, later, for information on how to figure your gross income from
farming. See also Percentage From Farming,
later, for information on how to determine the
percentage of your gross income from farming.
Gross Income
15.
Estimated Tax
Introduction
Estimated tax is the method used to pay tax on
income that is not subject to withholding. See
Pub. 505 for the general rules and requirements
for paying estimated tax. If you are a qualified
farmer, defined below, you are subject to the
special rules covered in this chapter for paying
estimated tax.
Topics
This chapter discusses:
• Special estimated tax rules for qualified
farmers
• Estimated tax penalty
Useful Items
You may want to see:
Publication
505 Tax Withholding and Estimated Tax
505
Form (and Instructions)
1040 U.S. Individual Income Tax Return
1040
1040-SR U.S. Tax Return for Seniors
1040-SR
1040-ES Estimated Tax for Individuals
1040-ES
2210-F Underpayment of Estimated Tax
by Farmers and Fishers
2210-F
See How To Get Tax Help for information about
getting publications and forms.
Special Estimated Tax
Rules for Qualified
Farmers
Special rules apply to the payment of estimated
tax by individuals who are qualified farmers. If
you are not a qualified farmer, as defined next,
see Pub. 505 for the estimated tax rules that apply.
Qualified Farmer
An individual is a qualified farmer for 2024 if at
least two-thirds of their gross income from all
sources for 2023 or 2024 was from farming. See
Publication 225 (2024)
Gross income is all income you receive in the
form of money, goods, property, and services
that is not exempt from income tax. On a joint
return, you must add your spouse's gross income to your gross income. To decide whether
two-thirds of your gross income was from farming, use as your gross income the total of the
following income (not loss) amounts from your
tax return.
• Wages, salaries, tips, etc.
• Taxable interest.
• Ordinary dividends.
• Taxable refunds, credits, or offsets of state
and local income taxes.
• Gross business income from Schedule C
(Form 1040).
• Capital gains from Schedule D (Form
1040). Losses are not netted against
gains.
• Gains on sales of business property from
Form 4797.
• Taxable IRA distributions, pensions, annuities, and social security benefits.
• Gross rental income from Schedule E
(Form 1040).
• Gross royalty income from Schedule E
(Form 1040).
• Taxable net income from an estate or trust
reported on Schedule E (Form 1040).
• Income from a Real Estate Mortgage Investment Conduit reported on Schedule E
(Form 1040).
• Gross farm rental income from Form 4835.
• Gross farm income from Schedule F (Form
1040).
• Your distributive share of gross income
from a partnership, or limited liability company treated as a partnership, from Schedule K-1 (Form 1065).
• Your pro rata share of gross income from
an S corporation, from Schedule K-1 (Form
1120-S).
• Unemployment compensation.
• Other income not included with any of the
items listed above.
The calculation of farm income for soil
TIP and water conservation expenses dif-
fers from the calculations for income
averaging and estimated tax payments. See Income Averaging for Farmers and Estimated
Tax, earlier.
Gross Income From Farming
Gross income from farming is income from cultivating the soil or raising agricultural commodities. It includes the following amounts.
• Income from operating a stock, dairy, poultry, bee, fruit, or truck farm.
• Income from a plantation, ranch, nursery,
range, orchard, or oyster bed.
• Crop shares for the use of your land.
Chapter 15
Estimated Tax
• Gains from sales of draft, breeding, dairy,
or sporting livestock.
Gross income from farming is the total of the
following amounts from your tax return.
• Gross farm income from Schedule F (Form
1040).
• Gross farm rental income from Form 4835.
• Gross farm income from Schedule E (Form
1040), Parts II and III.
• Gains from the sale of livestock used for
draft, breeding, sport, or dairy purposes reported on Form 4797.
• Gains from the sale of depreciable farm
equipment reported on Form 4797.
For more information about income from
farming, see chapter 3.
!
Farm income does not include:
CAUTION
• Wages you receive as a farm employee,
• Income you receive from contract grain
harvesting and hauling with workers and
machines you furnish, and
• Gains you receive from the sale of farmland.
Percentage From Farming
Figure your gross income from all sources, discussed earlier. Then, figure your gross income
from farming, discussed earlier. Divide your
gross farm income by your total gross income to
determine the percentage of gross income from
farming.
Example 1. You had the following total
gross income and gross farm income amounts
in 2024.
Gross Income
Total
Taxable interest . . . . . . . . . .
Dividends . . . . . . . . . . . . . .
Rental income (Sch E) . . . . . .
Gross farm income (Sch F) . . .
Gain (Form 4797) . . . . . . . . .
Total . . . . . . . . . . . .
Farm
$3,000
500
41,500
75,000
5,000
$75,000
5,000
$125,000
$80,000
Schedule D showed a $5,000 gain from the
sale of dairy cows carried over from Form 4797,
in addition to a $2,000 loss from the sale of corporate stock. However, that loss is not netted
against the gain to figure your total gross income or gross farm income. Your gross farm income is 64% of your total gross income
($80,000 ÷ $125,000 = 0.64). Because your
gross farm income is less than two-thirds of
your total gross income, you are not a qualified
farmer and the general estimated tax rules apply.
Special Rules for Qualified
Farmers
The following special estimated tax rules apply
if you are a qualified farmer for 2024.
• You do not have to pay estimated tax if you
file your 2024 tax return and pay all the tax
due by March 3, 2025. Failure to file your
return and pay all tax due by March 3,
89
Figure 15-1. Estimated Tax for Farmers
If you receive a penalty notice, do not
ignore it, even if you think it is wrong.
CAUTION You may get a penalty notice even if
you filed your return on time, attached Form
2210-F, and met the gross income from farming
requirement. If you receive a penalty notice for
underpaying estimated tax and you think it is
wrong, write to the address on the notice. Explain why you think the notice is wrong. Include
a computation like the one in Example 1 (earlier), showing that you met the gross income
from farming requirement.
!
Start Here:
No
Will you owe $1,000 or
more after subtracting
income tax withholding
and refundable credits
from your total tax? (Do
not subtract any
estimated tax payments.)
Yes
Yes
Will your 2024
income tax
withholding and
credits be at
least 662⁄3 % of
the tax shown
on your 2024
return?
Was at least 66 ⁄ %
of all your gross
income in 2023 or
2024 from farming?
23
No
Will your 2024
income tax
withholding and
credits be at
least 100% of
the tax shown
on your 2023
return?
Yes
No
No
Follow the general
estimated tax rules.
Will you file your
income tax
No
return and pay
the tax in full by
March 3, 2025?
Yes
How To Get Tax Help
You must pay
your estimated
tax (your
required annual
payment) by
January 15,
2025.
Yes
You do not have to
pay estimated tax.
Note. See Special Rules for Qualified Farmers, later, for a detailed description of the special
estimated tax rules that apply to qualified farmers.
2025, may result in an underpayment of
estimated tax penalty.
• You do not have to pay estimated tax if
your 2024 income tax withholding (including any amount applied to your 2024 estimated tax from your 2023 return) will be at
least 662/3% (0.6667) of the total tax
shown on your 2024 tax return or 100% of
the total tax shown on your 2023 return.
• If you must pay estimated tax, you are required to make only one estimated tax payment (your required annual payment) by
January 15, 2025, using special rules to
figure the amount of the payment. See Required Annual Payment next for details.
Figure 15-1 presents an overview of the special estimated tax rules that apply to qualified
farmers.
Example 2. Assume the same facts as in
Example 1. Your gross farm income is 64% of
your total income. Therefore, based on your
2024 income, you don’t qualify to use the special estimated tax rules for qualified farmers.
However, you do qualify if at least two-thirds of
your 2023 gross income was from farming.
Example 3. Assume the same facts as in
Example 1, except that your farm income from
Schedule F was $90,000 instead of $75,000.
This made your total gross income $140,000
($3,000 + $500 + $41,500 + $90,000 + $5,000)
and your gross farm income $95,000 ($90,000
+ $5,000). You qualify to use the special estimated tax rules for qualified farmers, because
67.9% (at least two-thirds) of your gross income
is from farming ($95,000 ÷ $140,000 = 0.679).
90
If your farm income falls below
two-thirds for the previous year and
CAUTION current year, you may no longer meet
the Qualified Farmer Designation.
!
Required Annual Payment
If you are a qualified farmer and must pay estimated tax for 2024, use the worksheet on Form
1040-ES to figure the amount of your required
annual payment. Apply the following special
rules for qualified farmers to the worksheet.
• On line 12a, multiply line 11c by 662/3%
(0.6667).
• On line 12b, enter 100% of the tax shown
on your 2023 tax return regardless of the
amount of your adjusted gross income. For
this purpose, the “tax shown on your 2023
tax return” is the amount on line 16 of your
2023 return modified by certain adjustments. For more information, see chapter 2
of Pub. 505.
Estimated Tax Penalty
for 2024
If you do not pay all your required estimated tax
for 2024 by January 15, 2025, or file your 2024
return and pay any tax due by March 3, 2025,
you may owe a penalty. Use Form 2210-F to determine if you owe a penalty. See the Instructions for Form 2210-F. Also, see the Instructions
for Form 2210-F for information on how to request a waiver of the penalty.
If you have questions about a tax issue; need
help preparing your tax return; or want to download free publications, forms, or instructions, go
to IRS.gov to find resources that can help you
right away.
Preparing and filing your tax return. After
receiving all your wage and earnings statements (Forms W-2, W-2G, 1099-R, 1099-MISC,
1099-NEC, etc.); unemployment compensation
statements (by mail or in a digital format) or
other government payment statements (Form
1099-G); and interest, dividend, and retirement
statements from banks and investment firms
(Forms 1099), you have several options to
choose from to prepare and file your tax return.
You can prepare the tax return yourself, see if
you qualify for free tax preparation, or hire a tax
professional to prepare your return.
Free options for tax preparation. Your options for preparing and filing your return online
or in your local community, if you qualify, include
the following.
• Direct File. Direct File is a permanent option to file individual federal tax returns online—for free—directly and securely with
the IRS. Direct File is an option for taxpayers in participating states who have relatively simple tax returns reporting certain
types of income and claiming certain credits and deductions. While Direct File
doesn't prepare state returns, if you live in
a participating state, Direct File guides you
to a state-supported tool you can use to
prepare and file your state tax return for
free. Go to IRS.gov/DirectFile for more information, program updates, and frequently asked questions.
• Free File. This program lets you prepare
and file your federal individual income tax
return for free using software or Free File
Fillable Forms. However, state tax preparation may not be available through Free File.
Go to IRS.gov/FreeFile to see if you qualify
for free online federal tax preparation, e-filing, and direct deposit or payment options.
• VITA. The Volunteer Income Tax Assistance (VITA) program offers free tax help to
people with low-to-moderate incomes, persons with disabilities, and limited-English-speaking taxpayers who need help
preparing their own tax returns. Go to
IRS.gov/VITA, download the free IRS2Go
app, or call 800-906-9887 for information
on free tax return preparation.
Publication 225 (2024)
• TCE. The Tax Counseling for the Elderly
(TCE) program offers free tax help for all
taxpayers, particularly those who are 60
years of age and older. TCE volunteers
specialize in answering questions about
pensions and retirement-related issues
unique to seniors. Go to IRS.gov/TCE or
download the free IRS2Go app for information on free tax return preparation.
• MilTax. Members of the U.S. Armed
Forces and qualified veterans may use MilTax, a free tax service offered by the Department of Defense through Military OneSource. For more information, go to
MilitaryOneSource (MilitaryOneSource.mil/
MilTax).
Also, the IRS offers Free Fillable Forms,
which can be completed online and then
e-filed regardless of income.
Using online tools to help prepare your return. Go to IRS.gov/Tools for the following.
• IRS.gov/DirectFile offers an Eligibility
Checker to help you determine if Direct File
is the right choice for your tax filing needs.
• The Earned Income Tax Credit Assistant
(IRS.gov/EITCAssistant) determines if
you’re eligible for the earned income credit
(EIC).
• The Online EIN Application (IRS.gov/EIN)
helps you get an employer identification
number (EIN) at no cost.
• The Tax Withholding Estimator (IRS.gov/
W4App) makes it easier for you to estimate
the federal income tax you want your employer to withhold from your paycheck.
This is tax withholding. See how your withholding affects your refund, take-home pay,
or tax due.
• The First-Time Homebuyer Credit Account
Look-up (IRS.gov/HomeBuyer) tool provides information on your repayments and
account balance.
• The Sales Tax Deduction Calculator
(IRS.gov/SalesTax) figures the amount you
can claim if you itemize deductions on
Schedule A (Form 1040).
Getting answers to your tax questions. On IRS.gov, you can get
up-to-date information on current
events and changes in tax law.
• IRS.gov/Help: A variety of tools to help you
get answers to some of the most common
tax questions.
• IRS.gov/ITA: The Interactive Tax Assistant,
a tool that will ask you questions and,
based on your input, provide answers on a
number of tax topics.
• IRS.gov/Forms: Find forms, instructions,
and publications. You will find details on
the most recent tax changes and interactive links to help you find answers to your
questions.
• You may also be able to access tax information in your e-filing software.
Need someone to prepare your tax return?
There are various types of tax return preparers,
including enrolled agents, certified public accountants (CPAs), accountants, and many others who don’t have professional credentials. If
you choose to have someone prepare your tax
Publication 225 (2024)
return, choose that preparer wisely. A paid tax
preparer is:
• Primarily responsible for the overall substantive accuracy of your return,
• Required to sign the return, and
• Required to include their preparer tax identification number (PTIN).
Although the tax preparer always signs
the return, you're ultimately responsible
CAUTION for providing all the information required for the preparer to accurately prepare
your return and for the accuracy of every item
reported on the return. Anyone paid to prepare
tax returns for others should have a thorough
understanding of tax matters. For more information on how to choose a tax preparer, go to Tips
for Choosing a Tax Preparer on IRS.gov.
!
Employers can register to use Business
Services Online. The Social Security Administration (SSA) offers online service at SSA.gov/
employer for fast, free, and secure W-2 filing options to CPAs, accountants, enrolled agents,
and individuals who process Form W-2, Wage
and Tax Statement; and Form W-2c, Corrected
Wage and Tax Statement.
Business tax account. If you are a sole proprietor, a partnership, or an S corporation, you
can view your tax information on record with the
IRS and do more with a business tax account.
Go to IRS.gov/Business-Tax-Account for more
information.
IRS social media. Go to IRS.gov/SocialMedia
to see the various social media tools the IRS
uses to share the latest information on tax
changes, scam alerts, initiatives, products, and
services. At the IRS, privacy and security are
our highest priority. We use these tools to share
public information with you. Don’t post your social security number (SSN) or other confidential
information on social media sites. Always protect your identity when using any social networking site.
The following IRS YouTube channels provide
short, informative videos on various tax-related
topics in English, Spanish, and ASL.
• Youtube.com/irsvideos.
• Youtube.com/irsvideosmultilingua.
• Youtube.com/irsvideosASL.
Online tax information in other languages.
You can find information on IRS.gov/
MyLanguage if English isn’t your native language.
Free Over-the-Phone Interpreter (OPI) Service. The IRS is committed to serving taxpayers
with limited-English proficiency (LEP) by offering OPI services. The OPI Service is a federally
funded program and is available at Taxpayer
Assistance Centers (TACs), most IRS offices,
and every VITA/TCE tax return site. The OPI
Service is accessible in more than 350 languages.
Accessibility Helpline available for taxpayers with disabilities. Taxpayers who need information about accessibility services can call
833-690-0598. The Accessibility Helpline can
answer questions related to current and future
accessibility products and services available in
alternative media formats (for example, braille,
large print, audio, etc.). The Accessibility Helpline does not have access to your IRS account.
For help with tax law, refunds, or account-related issues, go to IRS.gov/LetUsHelp.
Alternative media preference. Form 9000,
Alternative Media Preference, or Form
9000(SP) allows you to elect to receive certain
types of written correspondence in the following
formats.
• Standard Print.
•
•
•
•
•
Large Print.
Braille.
Audio (MP3).
Plain Text File (TXT).
Braille Ready File (BRF).
Disasters. Go to IRS.gov/DisasterRelief to review the available disaster tax relief.
Getting tax forms and publications. Go to
IRS.gov/Forms to view, download, or print all
the forms, instructions, and publications you
may need. Or, you can go to IRS.gov/
OrderForms to place an order.
Mobile-friendly forms. You'll need an IRS
Online Account (OLA) to complete mobile-friendly forms that require signatures. You'll
have the option to submit your form(s) online or
download a copy for mailing. You'll need scans
of your documents to support your submission.
Go to IRS.gov/MobileFriendlyForms for more information.
Getting tax publications and instructions in
eBook format. Download and view most tax
publications and instructions (including the Instructions for Form 1040) on mobile devices as
eBooks at IRS.gov/eBooks.
IRS eBooks have been tested using Apple's
iBooks for iPad. Our eBooks haven’t been tested on other dedicated eBook readers, and
eBook functionality may not operate as intended.
Access your online account (individual taxpayers only). Go to IRS.gov/Account to securely access information about your federal tax
account.
• View the amount you owe and a breakdown by tax year.
• See payment plan details or apply for a
new payment plan.
• Make a payment or view 5 years of payment history and any pending or scheduled payments.
• Access your tax records, including key
data from your most recent tax return, and
transcripts.
• View digital copies of select notices from
the IRS.
• Approve or reject authorization requests
from tax professionals.
• View your address on file or manage your
communication preferences.
Get a transcript of your return. With an online account, you can access a variety of information to help you during the filing season. You
can get a transcript, review your most recently
91
filed tax return, and get your adjusted gross income. Create or access your online account at
IRS.gov/Account.
Tax Pro Account. This tool lets your tax professional submit an authorization request to access your individual taxpayer IRS OLA. For
more
information,
go
to
IRS.gov/
TaxProAccount.
Using direct deposit. The safest and easiest
way to receive a tax refund is to e-file and
choose direct deposit, which securely and electronically transfers your refund directly into your
financial account. Direct deposit also avoids the
possibility that your check could be lost, stolen,
destroyed, or returned undeliverable to the IRS.
Eight in 10 taxpayers use direct deposit to receive their refunds. If you don’t have a bank account, go to IRS.gov/DirectDeposit for more information on where to find a bank or credit
union that can open an account online.
Reporting and resolving your tax-related
identity theft issues.
• Tax-related identity theft happens when
someone steals your personal information
to commit tax fraud. Your taxes can be affected if your SSN is used to file a fraudulent return or to claim a refund or credit.
• The IRS doesn’t initiate contact with tax-
payers by email, text messages (including
shortened links), telephone calls, or social
media channels to request or verify personal or financial information. This includes
requests for personal identification numbers (PINs), passwords, or similar information for credit cards, banks, or other financial accounts.
• Go to IRS.gov/IdentityTheft, the IRS Identity Theft Central webpage, for information
on identity theft and data security protection for taxpayers, tax professionals, and
businesses. If your SSN has been lost or
stolen or you suspect you’re a victim of
tax-related identity theft, you can learn
what steps you should take.
• Get an Identity Protection PIN (IP PIN). IP
PINs are six-digit numbers assigned to taxpayers to help prevent the misuse of their
SSNs on fraudulent federal income tax returns. When you have an IP PIN, it prevents someone else from filing a tax return
with your SSN. To learn more, go to
IRS.gov/IPPIN.
Ways to check on the status of your refund.
• Go to IRS.gov/Refunds.
• Download the official IRS2Go app to your
mobile device to check your refund status.
• Call the automated refund hotline at
800-829-1954.
The IRS can’t issue refunds before
mid-February for returns that claimed
CAUTION the EIC or the additional child tax credit
(ACTC). This applies to the entire refund, not
just the portion associated with these credits.
!
Making a tax payment. Payments of U.S. tax
must be remitted to the IRS in U.S. dollars.
Digital assets are not accepted. Go to IRS.gov/
92
Payments for information on how to make a payment using any of the following options.
• IRS Direct Pay: Pay your individual tax bill
or estimated tax payment directly from your
checking or savings account at no cost to
you.
• Debit Card, Credit Card, or Digital Wallet:
Choose an approved payment processor
to pay online or by phone.
• Electronic Funds Withdrawal: Schedule a
payment when filing your federal taxes using tax return preparation software or
through a tax professional.
• Electronic Federal Tax Payment System:
This is the best option for businesses. Enrollment is required.
• Check or Money Order: Mail your payment
to the address listed on the notice or instructions.
• Cash: You may be able to pay your taxes
with cash at a participating retail store.
• Same-Day Wire: You may be able to do
same-day wire from your financial institution. Contact your financial institution for
availability, cost, and time frames.
Note. The IRS uses the latest encryption
technology to ensure that the electronic payments you make online, by phone, or from a
mobile device using the IRS2Go app are safe
and secure. Paying electronically is quick, easy,
and faster than mailing in a check or money order.
What if I can’t pay now? Go to IRS.gov/
Payments for more information about your options.
• Apply for an online payment agreement
(IRS.gov/OPA) to meet your tax obligation
in monthly installments if you can’t pay
your taxes in full today. Once you complete
the online process, you will receive immediate notification of whether your agreement has been approved.
• Use the Offer in Compromise Pre-Qualifier
to see if you can settle your tax debt for
less than the full amount you owe. For
more information on the Offer in Compromise program, go to IRS.gov/OIC.
Filing an amended return. Go to IRS.gov/
Form1040X for information and updates.
Checking the status of your amended return. Go to IRS.gov/WMAR to track the status
of Form 1040-X amended returns.
It can take up to 3 weeks from the date
you filed your amended return for it to
CAUTION show up in our system, and processing
it can take up to 16 weeks.
!
Understanding an IRS notice or letter
you’ve received. Go to IRS.gov/Notices to find
additional information about responding to an
IRS notice or letter.
IRS Document Upload Tool. You may be
able use the Document Upload Tool to respond
digitally to eligible IRS notices and letters by securely uploading required documents online
through IRS.gov. For more information, go to
IRS.gov/DUT.
Schedule LEP. You can use Schedule LEP
(Form 1040), Request for Change in Language
Preference, to state a preference to receive notices, letters, or other written communications
from the IRS in an alternative language. You
may not immediately receive written communications in the requested language. The IRS’s
commitment to LEP taxpayers is part of a
multi-year timeline that began providing translations in 2023. You will continue to receive communications, including notices and letters, in
English until they are translated to your preferred language.
Contacting your local TAC. Keep in mind,
many questions can be answered on IRS.gov
without visiting a TAC. Go to IRS.gov/LetUsHelp
for the topics people ask about most. If you still
need help, TACs provide tax help when a tax issue can’t be handled online or by phone. All
TACs now provide service by appointment, so
you’ll know in advance that you can get the
service you need without long wait times. Before you visit, go to IRS.gov/TACLocator to find
the nearest TAC and to check hours, available
services, and appointment options. Or, on the
IRS2Go app, under the Stay Connected tab,
choose the Contact Us option and click on “Local Offices.”
———————————————————
Below is a message to you from the Taxpayer Advocate Service, an independent organization established by Congress.
The Taxpayer Advocate
Service (TAS) Is Here To
Help You
What Is the Taxpayer Advocate
Service?
The Taxpayer Advocate Service (TAS) is an independent organization within the Internal Revenue Service (IRS). TAS helps taxpayers resolve problems with the IRS, makes
administrative and legislative recommendations
to prevent or correct the problems, and protects
taxpayer rights. We work to ensure that every
taxpayer is treated fairly and that you know and
understand your rights under the Taxpayer Bill
of Rights. We are Your Voice at the IRS.
How Can TAS Help Me?
TAS can help you resolve problems that you
haven’t been able to resolve with the IRS on
your own. Always try to resolve your problem
with the IRS first, but if you can’t, then come to
TAS. Our services are free.
• TAS helps all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. You
may be eligible for TAS help if your IRS
problem is causing financial difficulty, if
you’ve tried and been unable to resolve
your issue with the IRS, or if you believe an
IRS system, process, or procedure just
isn't working as it should.
• To get help any time with general tax topics, visit www.TaxpayerAdvocate.IRS.gov.
The site can help you with common tax issues and situations, such as what to do if
Publication 225 (2024)
you make a mistake on your return or if you
get a notice from the IRS.
• TAS works to resolve large-scale (systemic) problems that affect many taxpayers. You can report systemic issues at
www.IRS.gov/SAMS. (Be sure not to include any personal identifiable information.)
How Do I Contact TAS?
TAS has offices in every state, the District of
Columbia, and Puerto Rico. To find your local
advocate’s number:
• Go to www.TaxpayerAdvocate.IRS.gov/
Contact-Us,
• Check your local directory, or
• Call TAS toll free at 877-777-4778.
the IRS. Go to www.TaxpayerAdvocate.IRS.gov/
Taxpayer-Rights for more information about the
rights, what they mean to you, and how they apply to specific situations you may encounter
with the IRS. TAS strives to protect taxpayer
rights and ensure the IRS is administering the
tax law in a fair and equitable way.
What Are My Rights as a
Taxpayer?
The Taxpayer Bill of Rights describes ten basic
rights that all taxpayers have when dealing with
Publication 225 (2024)
93
Index
To help us develop a more useful index, please let us know if you have ideas for index entries.
See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
A
Abandonment 57
Accounting method:
Accrual 7
Cash 6
Change in 8
Crop 8
Farm inventory 7
Accounting periods 5
Accrual method of accounting 7
Additional Medicare Tax
withholding 84
Adjusted basis of assets 33
Agricultural activity codes,
Schedule F 3
Agricultural program
payments 11
Agricultural structure,
defined 40
Alternative Depreciation System
(ADS) 44, 46
Amortization:
Going into business 49
Reforestation expenses 49
Section 197 intangibles 49
Assessments:
By conservation district 30
Depreciable property 30
Assistance (See Tax help)
Automobiles, depreciation 41
B
Bankruptcy 16
Barter income 18
Basis:
Involuntary conversion 35
Like-kind exchange 35
Partner's basis 37
Replacement property 72
Shareholder's basis 37
Basis of assets:
Adjusted basis 33
Allocating to several assets 32
Changed to business use 34
Constructing assets 32
Cost 32
Decreases 34
Depreciation 44
Exchanges:
Like-kind 35
Nontaxable 35
Partially nontaxable 35
Taxable 34
Gifts 36
Increases 33
Real property 32
Received for services 34
Uniform capitalization rules 33
Below-market loans 18
Books and records 4
Breeding fees 22
Business income limit, section
179 expense deduction 42
Business use of home 24
C
Canceled debt 15
94
Capital assets 52
Capital expenses 25
Car expenses 24
Cash method of accounting 6
Casualties and thefts:
Adjustments to basis 70
Casualty, defined 67
Disaster area losses 73
Leased property 70
Livestock 68
Reimbursement 69
Reporting gains and losses 75
Theft, defined 67
Certification program for
professional employer
organizations (PEOs). 3, 81
Change in accounting method 8
Chickens, purchased 25
Christmas trees 26, 55
Club dues 27
Commodity:
Wages 84
Commodity Credit Corporation
(CCC):
Loans 11
Market gain 12
Community property 77
Computer, software 38
Condemnation 66, 71
Conservation:
Cost-sharing exclusion 29
District assessments 30
Expenses 29
Plans 29
Conservation Reserve
Program 78
Conservation Reserve Program
(CRP) 12
Constructing assets 32
Constructive receipt of income 6
Contamination 72
Converted wetland 54
Cooperatives, income from 14
Cost-sharing exclusion 13
Credits:
Employment 21
Fuel tax 18, 88
Social security and Medicare 76
Social security coverage 76
State unemployment tax 85
Crew leaders 83
Crop:
Destroyed 72
Insurance proceeds 12
Method of accounting 8
Shares 11
Unharvested 27, 58, 78
Cropland, highly erodible 54
D
Damage:
Casualties and thefts 67
Crop insurance 12
Tree seedlings 71
Debt:
Canceled 15, 34, 57
Nonbusiness bad 52
Nonrecourse 56
Qualified farm 17
Recourse 57
Depletion 47
Depreciation 43
ADS election 46
Conservation assets 30
Deduction 38
Incorrect amount deducted 40
Limit for automobiles 41
Listed property 47
Raised livestock 38
Recapture 47, 59, 60
When to file 40
Depreciation allowable 39
Depreciation allowed 39
Disaster area losses 73
Disaster payments 12
Disaster relief grants 74
Disaster relief payments 74
Disposition of installment
obligation 64
Dispositions 31, 57
Drainage tile 30
Dyed diesel fuel 86
Dyed kerosene 86
Off-highway uses 87
Refund 88
F
Fair market value (FMV) 65
Family member:
Business expenses 7
Like-kind exchange 51
Loss on sale or exchange of
property 27
Personal-use property 68
Social security coverage 83
Farm:
Business expenses 20
Business, defined 29
Defined 29, 86
Income averaging 19
Rental 29
Sale of 55
Farmer 77
Federal unemployment tax
(FUTA) 85
Fertilizer 14, 22
Figuring installment sale income:
Adjusted basis 62
E
Adjusted basis and installment
sale income (gain on
Easement 18, 34
sale) 62
Election:
Adjusted basis for installment
ADS depreciation 44, 46
sale purposes 62
Amortization:
Amount to report as installment
Business start-up costs 49
sale income 62
Reforestation costs 49
Cancellation 62
Crop method 25
Contract price 62
Cutting of timber 55
Depreciation recapture 62
Deducting conservation
Disposition of installment
expenses 31
obligation 62
Not excluding cost-sharing
Figuring adjusted basis and
payments 14
gross profit percentage for
Out of installment method 61
installment sale purposes 62
Postponing casualty gain 71
Form 6252 62
Postponing reporting crop
Gross profit 62
insurance proceeds 12
Gross profit percentage 62
Section 179 expense
Interest income 62
deduction 43
Sale of depreciable property 62
Embryo transplants 32
Selling expenses 62
Employer identification
Selling price 62
number 3
Selling price reduced 62
Employer identification number
Transfer due to death 62
(EIN) 82
Foreclosure 56
Endangered species recovery
Forestation costs 26
expenses 30
Environmental contamination 72 Form:
1099-A 12, 57
Estimated tax:
1099-C 15, 16, 57
Gross farm income 89
1099-G 12, 14
Gross income 89
1099-NEC 85
Penalties 90
1099-PATR 14
Exchanges:
1128 5
Basis:
2210-F 90
Like-kind 35
3115 9
Nontaxable 35
4136 88
Partially nontaxable 35
4562 40
Taxable 34
4797 9, 14, 50
Like-kind 50
4835 11
Nontaxable 50
5213 28
Excise taxes:
8822 3
Credit 88
8824 50
Diesel fuel 86
8849 88
Farming purposes 86
940 85
Home use of fuels 88
943 85
Publication 225 (2024)
982 17
I-9 82
SS-4 3, 82
SS-5 76
T (Timber) 48
W-4 83, 84
W-4V 12
W-7 76
Fuel tax credit or refund 18, 88
G
Gains:
Section 1231 gains 66
Gains and losses:
Basis of assets 32
Capital assets, defined 52
Casualty 68, 70
Installment sales 61
Livestock 54
Long- or short-term 52
Ordinary or capital 52
Sale of farm 55
Section 1231 58
Theft 68, 70
Timber 54
General asset accounts 47
Gifts 11, 27, 36, 52
Going into business 49
Grants, disaster relief 74
H
Health insurance deduction 23
Highway use tax 22
Holding period 52, 54
Home 66
Horticultural structure 40
I
Illegal irrigation subsidy 18
Important dates 81
Improvements 13
Income:
Accounting for 6
Accrual method of accounting 7
Canceled debt excluded 15
From farming 9, 31, 89
Gross 89
Not-for-profit farming 28
Pasture 11
Schedule F 9
Withholding of tax 84
Income averaging (See Farm:
Income averaging)
Incorrect amount of depreciation
deducted 40
Individual taxpayer identification
number (ITIN) 76
Inherited property 36
Insolvency 16
Installment method:
Electing out of the installment
method 61
Inventory (See More information)
Revoking the election (See More
information)
Sale at a loss 61
When to elect out 61
Installment sales:
Electing out 61
Example 65
Farm, sale of 61
Installment obligation 61
Related parties 61
Publication 225 (2024)
Unstated interest 65
Insurance 23
Intangible property 49
Interest:
Expense 21
Inventory:
Items included 7
Methods of valuation 8
Involuntary conversions 46, 66
Irrigation:
Illegal subsidy 18
Project 71
L
Labor hired 21
Landlord participation 78
Lease or purchase 23
Life tenant (See Term interests)
Like-kind exchanges 35, 50
Lime 22
Limits:
At-risk 27
Business use of home 24
Capital losses 52
Conservation expenses 30, 31
Depreciation:
Business-use 47
Excluded farm debt 17
Farm losses 27
Loss of personal-use
property 70
Not-for-profit farming 28
Passive activity 27
Percentage depletion 48
Prepaid farm supplies 20
Reforestation costs 49
Section 179 expense deduction:
Automobile 41
Business income 42
Dollar 41
Time to keep records 5
Listed property:
Defined 47
Passenger automobile 47
Rules 47
Livestock 58
Casualty and theft losses 68
Crop shares 11
Depreciation 38
Diseased 71
Feed assistance 13
Immature 39
Losses 27, 54
Purchased 54
Raised 54
Sale of 9, 54
Unit-livestock-price, inventory
valuation 8
Used in a farm business 54
Weather-related sales 10, 71
Loans 11, 25
Losses:
At-risk limits 27
Casualty 66
Disaster areas 73
Farming 67
Growing crops 27
Hobby farming 28
Livestock 54, 71
Nondeductible 27
Theft 66
Lost income payments 77
Lost property 67
M
MACRS property:
Involuntary conversion 46
Like-kind exchange 46
Nontaxable transfer 46
Market gain, reporting 12
Marketing quota penalties 25
Material participation 78
Meals 24
Membership fees 27
Methods of accounting 6
Modified ACRS (MACRS):
ADS election 46
Conventions 45
Depreciation methods 45
Exchange 46
Figuring the deduction 46
Involuntary conversion 46
Nontaxable transfer 46
Property classes 44
Recovery periods 45
N
National Center for Missing &
Exploited Children 4
Net operating losses:
Net operating loss (NOL) 70
New hire reporting 83
Noncapital asset 53
Nontaxable exchanges 50
Nontaxable transfer of MACRS
property 46
Not-for-profit farming 28
Livestock feed 20
Prizes 18
Produce 9
Property:
Changed to business use 34
Received for services 34
Repairs and improvements 39
Section 1231 58
Section 1245 59
Section 1250 60
Section 1252 60
Section 1255 61
Tangible personal 40
Property used as a payment:
Examples 65
Exception 65
Publications (See Tax help)
Q
Qualified disaster relief
payments 74
Qualified farm debt 17
Qualified joint venture 77
Qualified small business payroll
tax credit for increasing
research activities 3, 80
R
Recapture:
Amortization 59
Basis reductions 17
Certain depreciation 18
Cost-sharing payments 14
Depreciation 47, 59
Section 1245 property 59
Section 1250 property 60
O
Section 179 expense
Organizational costs 26
deduction 43
Section 179 GO Zone
property 43
P
Special depreciation
Partners, limited 77
allowance 44
Partners, retired 78
Recordkeeping 4, 24
Partners, spouses 77
Records on depreciable
Partnership 77
property 59
Passenger automobile 47
Reforestation costs 26, 49
Pasture income 11
Refund:
Patronage dividends 14
Deduction taken 18
Payments considered received:
Fuel tax 18, 88
Bond 64
Reimbursements:
Buyer assumes mortgage 64
Casualties and thefts 34, 67, 69
Buyer assumes other debts 64
Deduction taken 18
Buyer pays seller’s expenses 64
Expenses 20
Buyer’s note 64
Feed assistance 13
Debt not payable on demand 64
Real estate taxes 32
Mortgage less than basis 64
Reforestation expenses 49
Mortgage more than basis 64
To employees 25
Property used as a payment 64 Related parties 61
Sale to a related person 64
Related persons 7, 27, 35, 51, 72
Third-party note 64
Rental income 11
Trading property for like-kind
Rented property,
property 64
improvements 40
Payments received 64
Repairs 21
Penalties:
Repairs and improvements 39
Estimated tax 90
Repayment of income 6
Returns 90
Replacement:
Trust fund recovery 85
Period 72
Per-unit retain certificates 15
Property 72
Personal expenses 27
Repossessions 56
Placed in service 39, 44
Right-of-way income 18
Postponing casualty gain 71
Prepaid expense:
S
Advance premiums 23
Sale of home 56
Extends useful life 6
Farm supplies 20
95
Section 179 expense
deduction 40
How to elect 43
Listed property 47
Qualifying property 40
Recapture 43
Self-employed health
insurance 23
Self-employed health insurance
deduction 78
Self-employment (SE) tax:
Community property 77
Deduction 80
How to pay 76
Landlord participation 78
Material participation 78
Maximum net earnings 2, 75
Methods for figuring net
earnings 78
Optional method 79
Regular method 79
Rental income 78
96
Reporting 80
Self-employment tax rate 75
Share farming 76
Who must pay 76
Selling price reduced 63
Settlement costs (fees) 32
Social security and Medicare:
Credits of coverage 76
Withholding of tax 83
Social security number (SSN) 76
Software, computer 38
Soil:
Conservation 29
Contamination 72
Special depreciation allowance:
How to elect not to claim 44
Recapture 44
Standard mileage rate 24
Start-up costs for businesses 26
T
Tangible personal property 40
Tax help 90
Tax preparation fees 25
Tax shelter:
At-risk limits 27
Defined 7
Tax-free exchanges 50
Taxes:
Credits and Refunds 86
Federal use 22
General 22
Self-employment 75
State and federal 22
State and local general sales 22
Withholding 83, 84
Telephone expense 24
Tenant house expenses 25
Term interests 39
Theft losses 66
Third-party note 65
Timber 26, 48, 54
Trade-in 36
Travel expenses 24
Truck expenses 24
Trust fund recovery penalty 85
U
Uniform capitalization rules:
Basis of assets 33
Inventory 8
W
Wages and salaries 78
Water conservation 29
Water well 30, 45
Weather-related sales,
livestock 10, 71
Withholding:
Income tax 84
Social security and Medicare
tax 83
Publication 225 (2024)
File Type | application/pdf |
File Title | 2024 Publication 225 |
Subject | Farmer's Tax Guide |
Author | W:CAR:MP:FP |
File Modified | 2025-03-31 |
File Created | 2024-10-25 |