It’s All or None On Deferred Grain Sales

We had a reader ask the following question:

“You previously wrote about electing out of deferred farm sales where the farmer could elect to include the income for a March delivery contract into the previous year to increase his taxable income in the previous year. I deferred my payment on my 2011 grain until 1/3/12. Can I elect to show part of this income on my 2011 taxes.

When a farmer sells their grain on a deferred sales contract into the next year, they can elect out of the installment method on the grain that is covered by that particular sales contract.  The key point is that they have to elect out of all of the grain covered by the contract or none of it.

In the question, the bushels of grain covered by the contract for delivery on January 3, 2012, all of that grain would have to be reported as income in 2011 if he elects out of reporting it in 2012.  He cannot elect to report part in 2011 and part in 2012.

That is why we suggest having multiple smaller deferred sales contracts so you can pick the best one to defer if you need to.

For example, let’s assume the farmer above had sold 25,000 bushels of corn for $150,000 delivered on January 3, 2012.  He can elect to report all of this income in either 2011 or 2012, but it has to be all in one year or the other.  Now, let’s assume he entered into 5 separate 5,000 contracts at $30,000 apiece.  Under this example, he can elect out of 1, 2, 3, 4, or 5 of these contracts to bring in $30, 60, 90, 120 or $150,000 of income into 2011 if he so elects.  By spreading the contracts this way, he has five times the flexibility than having one contract.

  • Principal
  • CliftonLarsonAllen
  • Walla Walla, Washington
  • 509-823-2920

Paul Neiffer is a certified public accountant and business advisor specializing in income taxation, accounting services, and succession planning for farmers and agribusiness processors. Paul is a principal with CliftonLarsonAllen in Walla Walla, Washington, as well as a regular speaker at national conferences and contributor at agweb.com. Raised on a farm in central Washington, he has been immersed in the ag industry his entire life, including the last 30 years professionally. Paul and his wife purchase an 180 acre ranch in 2016 and enjoy keeping it full of animals.

Comments

Deferred grain sales: you can’t split the difference…

Paul Neiffer explains: When a farmer sells their grain on a deferred sales contract into the next year, they can……

Paul,

I have some questions regarding this post. I did not read the earlier post referred to in the question, but as far as your response, I’m having a little trouble with the logic. Maybe it’s just some confusion with the terminology being used.

If I sell AND deliver grain in December 2011, but enter into a deferred payment arrangement whereby I will not be paid until January of 2012, I would consider this to be an installment sale whereby I could elect out of the installment method on that particular contract and report the income in December 2011.

The way I’m reading your post, I could have a January, February, or March 2012 contract, deliver the grain in the respective month in 2012, and still elect out of the installment method and report the income in 2011. Can this be correct?

The way I would see this is I have a future contract to sell grain in 2012, but until I actually deliver the grain, there really isn’t a sale. I would have thought to qualify under the election out of the installment method there would have to be an actual sale, which I don’t believe has occurred in the posted situation.

I guess the real problem I see is the “delivery on January 3, 2012” used in the example. I would appreciate your thoughts and/or support behind this reasoning.

Thanks.