Capital Gains Questions on Selling Farmland

We had a reader ask the following series of questions.  We are going to break them down into a question and answer format.

Q – Regarding capital gain rates and selling farmland – Am I correct to use the difference between a stepped up ( appraisal / time of death ) value of inherited farmland and sale price ( long term )

A – When you inherited land, you will use the basis that the estate placed on the land at the time of death.  However, in some cases, this value may be different if the land was originally in a trust for the benefit of the person who died and it did not get included in their estate.  As an example, assume Grandpa owned 500 acres of land and passed away in 1970 when the value of the land was $50,000.  This property was placed in a trust for the benefit of his only son until his death in 2013 when the land was worth $5 million.  Under the terms of the trust, the land is then distributed to the son’s children and they elect to sell it for $5 million.  Even though it was worth $5 million when the son died, the heirs have to use the $50,000 cost basis since this land was not included in the son’s estate.

Q -If so, when I subtract the difference between cost basis and sale price may I deduct broker fees ?

A – All broker’s fees, commissions, title insurance and any other related costs of the sale are allowed as a reduction of the gain.

Q – In addition what is the rate I pay as a non resident to the state of Illinois ?

A – For most states, there is no special reduction in the capital gains rates for sale of farmland.  Therefore, for most states this income is treated like other income and subject to the same income tax bracket.  However, some states, assuming you meet certain specifications allow you to reduce or eliminate the gain from the sale of farmland.  You would need to check with your state laws to see if that is applicable in your situation.

Q –  Do I pay 15 % cap gain to both the state and the Federal government ?

A – This answer like many income tax questions is “It depends”.  We previously stated that the state capital gains rate is most likely the same as your other state income tax rate.  The federal rate is only 15% up to the threshold amount ($200/$250K), then the extra 3.8% net income income tax kicks in which increases your rate to 18.8%, then certain phase-outs may increase it another 3-6% or more.  Finally, if the gain is large enough, the capital gains rate will increase to 20% plus 3.8% plus any related phase-out increases.

Q – Is one deducible from the other ?

A – The state capital gains tax paid is usually deductible on the federal return.  However, in many cases, the Alternative Minimum Tax (AMT) will make this deduction have no value assuming the taxpayer ends up in AMT.  AMT does not allow a deduction for state income taxes.

Some states allow a deduction for federal tax paid, however, there is usually a limit on the amount of the deduction.

Q – Finally what level of income bracket results ( if any ) in a lower or 0 % cap gain ?

The 0% capital gains tax rete applies to the amount of capital gains that is taxed in the 15% or lower tax bracket.  The cut-off for a married couple in 2013 is about $72,000 of taxable income.  A taxpayer would calculate all of their other ordinary income after deductions and if this amount is less than $72,000, then the difference would be the maximum amount of capital gains that could be taxed at zero.

For example, assume a couple has ordinary income after all deductions of $30,000.  They have a gain from selling farmland of $200,000.  $42,000 of the gain would be taxed at zero percent ($72,000-$30,000) and the remainder would be taxed at 15%.  However, all of the gain would be subject to their regular state income tax rate (unless they meet certain farmland sale limitations).

Paul Neiffer, CPA

  • 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

I recently inherited 48 acres from my Grandparents that was in a life estate until my Father passed away in September. The farmland is in Alabama and I live in Georgia. I would like to sell the land. The land was appraised in 2004, but my brother seems to think it has been rezoned due to a small airport and Industrial park that has been built since. Can the land be rezoned and what would my taxes be? Should I consult a professional in the sale of the land? I have never sold any land and I am not familiar with any of the laws.

The land can be rezoned, but you should talk with a qualified real estate person in that area.

My father bought 250 acres of farmland in MN in the 1960\’s for $200/acre. If he sells it for $6000/acre in a contract for deed, what would the capital gains tax be, and when would the tax be due, start or end of contract for deed pay off?

My 2 sisters and I inherited some farmland property in SC at my Mother\’s death on February 28, 2007. She was living on the land for her her liftime and then would come to us. We have not farmed the land at any time . We are now selling the property as. our ages are 69 through 76 years old. What taxes and capital gains should we expect?

We have 10 acres in Jefferson Ga ,? how long do you have to own the land where you don\’t have to pay Capital Gang or is that right on owning it a while not to have to pay it ? If so how much is it in Ga

If there is no home on the property you will be subject to capital gains tax when you sell based on the difference between sales price and cost. If you hold at least a year, it will be at a lower rate and if you are in the 15% tax bracket, it will be taxed at zero (federal). You will owe Georgia tax. You can also do a 1031 exchange and defer the tax into other real estate.

We have owned a 40 acre farm in Iowa for over 20 years. We would like to sell our home with 5 acres and build a smaller home on the remaining 35 acres. Our question is will we still be able to call our new residence a homestead when we are ready to sell in the future? The value of the present 5 acre homestead is less than $500,000 and the future building site and land would be less than $500,000. How much capital gains tax would we pay if any?

In both cases, since you have owned and lived in the current house and 5 acres, it should be tax free since your gain is less than $500,000. If you build on the remaining 35 acres, owned and live in for at least 2 years before you sell, if the gain is less than $500,000, that should also be tax free.

My parents are both retired and in their 70\’s and are about to sell off a portion of the property they reside on in Missouri. How will capital gains apply to them and what are some options they have to avoid it considering their age? Thank you in advance for your time.

They will be subject to long-term capital gains taxes (depending on their overall income, this rate can range from 0% up to 23.8% or slightly higher). They will also be subject to Missouri state income tax. There is no special exemption for them being in their 70’s.

We sold farmland in May 2016. When is the federal capital gains tax payable? We pay estimated quarterly payments and had already paid the first one.

Family Partnership is selling inherited and gifted land held in Partnership for over 2o years. Farm land is located in Texas. Not all family members now live in Texas. How does a non resident of Texas handle the Capital Gains for their state of residence? I have read that the State Capital Gains is only applicable to the State where the income was derived from (Texas); and therefore, since Texas is not an income tax state, the family members that are non residents of Texas would not be liable for their resident state\’s capital gains tax? Also, I have read that the State Capital Gains Tax is determined by the State the taxpayer is a resident of at the time that the taxpayer receives the income? Thanks for any help in shedding some light on these issues.

Capital gains are reported in the state of residence. If the resident state has an income tax, the gains from Texas will be taxable in that state. If Texas had an income tax, you would pay Texas tax and get a credit on your state income taxes.

bought a farm 20 years ago for 150000. just sold in for 380000. is their a one time capital gain exclusion.

You are thinking of the personal residence exclusion. This does not apply to sales of farmland. You will owe capital gains tax on this sale on the $230,000 gain. However, depending on the state, you may not owe any state income taxes. You would need to check your state income tax laws.

Please help! We\\\’ve had to pay taxes every year on farm property we\\\’ve inherited a few years back… Speaking to my husband\\\’s brother.. he\\\’s never had to pay separate states taxes!!! Why is that?

Like the answer above, but it does not address the other side, which I\’m looking for, for my in-laws. My wife\’s grandfather passed away and left 100 acres of farmland to his three daughters, all in the state of MN. After about 15 years, they plan to sell the property to another farmer. Will they pay gain based on the original price or the evaluation at the time of \”grandpa\’s\” death? I also assume there is no \”one time exemption\” on this as with the sale of homes?? Hope you can help.

we live in mo. and selling house and 35 acres we bought 123 acres and have built barn and hope to soon build home when we sell where we live now do we have to reinvest all of the sell price we get from our now home in our future home to avoid taxes

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