Loopholes > Federal > Farmland Sale Tax Installment Election
DEDUCTION MEDIUM SAVINGS INDIVIDUAL|BUSINESS

Farmland Sale Tax Installment Election

IRC §1062

Allows taxpayers to pay the net income tax liability from the sale of qualified farmland to a qualified farmer in 4 equal annual installments.

Eligibility

Property must have been used/leased for farming for 10 years and must be subject to a 10-year restrictive covenant for farming use after the sale.

Frequently Asked Questions

Who is eligible for the Farmland Sale Tax Installment Election?

Property must have been used/leased for farming for 10 years and must be subject to a 10-year restrictive covenant for farming use after the sale.

How does the Farmland Sale Tax Installment Election work?

Allows taxpayers to pay the net income tax liability from the sale of qualified farmland to a qualified farmer in 4 equal annual installments.

What law authorizes the Farmland Sale Tax Installment Election?

The Farmland Sale Tax Installment Election is authorized under IRC §1062 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §1062

Source: Internal Revenue Code, Title 26, United States Code

§ 1062. Gain from the sale or exchange of qualified farmland property to qualified farmers(a) Election to pay tax in installmentsIn the case of gain from the sale or exchange of qualified farmland property to a qualified farmer, at the election of the taxpayer, the portion of the net income tax of such taxpayer for the taxable year of the sale or exchange which is equal to the applicable net tax liability shall be paid in 4 equal installments. (b) Rules relating to installment payments(1) Date for payment of installmentsIf an election is made under subsection (a), the first installment shall be paid on the due date (determined without regard to any extension of time for filing the return) for the return of tax for the taxable year in which the sale or exchange occurs and each succeeding installment shall be paid on the due date (as so determined) for the return of tax for the taxable year following the taxable year with respect to which the preceding installment was made. (2) Acceleration of payment(A) In generalIf there is an addition to tax for failure to timely pay any installment required under this section, then the unpaid portion of all remaining installments shall be due on the date of such failure. (B) IndividualsIn the case of an individual, if the individual dies, then the unpaid portion of all remaining installment shall be paid on the due date for the return of tax for the taxable year in which the taxpayer dies. (C) C corporationsIn the case of a taxpayer which is a C corporation, trust, or estate, if there is a liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), a cessation of business by the taxpayer (in the case of a C corporation), or any similar circumstance, then the unpaid portion of all remaining installments shall be due on the date of such event (or in the case of a title 11 or similar case, the day before the petition is filed). The preceding sentence shall not apply to the sale of substantially all the assets of a taxpayer to a buyer if such buyer enters into an agreement with the Secretary under which such buyer is liable for the remaining installments due under this subsection in the same manner as if such buyer were the taxpayer.

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