Professional Documents
Culture Documents
Farm Expenses
Kristy Maitre
Tax Specialist
Center for Agricultural Law and Taxation
September 10, 2015
26 CFR 1.162‐12 ‐ Expenses of Farmers
• Farms engaged in for profit
• A farmer who operates a farm for profit is entitled to
deduct from gross income as necessary expenses all
amounts actually expended in the carrying on of the
business of farming
• The cost of ordinary tools of short life or small cost, such
as hand tools, including shovels, rakes, etc., may be
deducted
• The purchase of feed and other costs connected with
raising livestock may be treated as expense deductions
insofar as such costs represent actual outlay, but not
including the value of farm produce grown upon the farm
or the labor of the taxpayer
Ordinary and Necessary
• The ordinary and necessary costs of operating
a farm for profit are deductible business
expenses
• An ordinary expense is an expense that is
common and accepted in the business
• A necessary expense is one that is
appropriate for the business
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Business Expenses
• In general many of the expenses we will address today will
be allowed in other business entities
• §162 – Trade or business expenses
– (a) In general
– There shall be allowed as a deduction all the ordinary and
necessary expenses paid or incurred during the taxable year in
carrying on any trade or business, including—
• (1)a reasonable allowance for salaries or other compensation for
personal services actually rendered;
• (2)traveling expenses (including amounts expended for meals and
lodging other than amounts which are lavish or extravagant under the
circumstances) while away from home in the pursuit of a trade or
business; and
• (3)rentals or other payments required to be made as a condition to
the continued use or possession, for purposes of the trade or
business, of property to which the taxpayer has not taken or is not
taking title or in which he has no equity.
Form 1040 Schedule F
Expenses
• Some expenses paid during the tax year may
be partly personal and partly business
• Examples include gasoline, oil, fuel, water,
rent, electricity, telephone, automobile
upkeep, repairs, insurance, interest and taxes.
Farmers must allocate these expenses
between their business and personal parts
• Generally, the personal part of these
expenses is not deductible
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Prepaid Farm Supplies
• §464 limits the allowable deduction for pre‐paid expenses
• If the prepaid farm supplies have actually been used or
consumed, the amount is fully deductible
• 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 would have been consumed
during the year if not for a fire, storm, flood, other casualty,
disease, or drought
Prepaid Farm Supplies
• Poultry (including egg‐laying hens and baby
chicks) bought for use (or for both use and
resale) in the 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
Prepaid Farm Supplies
Deduction Limit
• If the cash method of accounting is used to
report income and expenses, the deduction
for prepaid farm supplies in the year paid
for them may be limited to 50% of the
other deductible farm expenses for the year
(all Schedule F deductions except prepaid
farm supplies)
• This limit does not apply if an exception is
met, covered later:
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Prepaid Farm Supplies
Deduction Limit
• If the limit applies, deduct the excess cost of
farm supplies other than poultry in the year used
or consumed
• The excess cost of poultry bought for use (or
for both use and resale) in the farm business
is deductible in the year following the year it
was paid for
• The excess cost of poultry bought for resale is
deductible in the year sold or otherwise dispose
of the poultry
Example
• During 2015, the farmer bought fertilizer ($4,000), feed
($1,000), and seed ($500) for use on the farm in the
following year
• The total prepaid farm supplies expense for 2015 is
$5,500
• The other deductible farm expenses totaled $10,000 for
2015
• Therefore, the deduction for prepaid farm supplies
cannot be more than $5,000 (50% of $10,000) for 2015
• The excess prepaid farm supplies expense of $500 ($5,500
− $5,000) is deductible in a later tax year when used or
consumed
Exceptions
• 1. The prepaid farm supplies expense are more than 50% of the
other deductible farm expenses because of a change in business
operations caused by unusual circumstances
• 2. The total prepaid farm supplies expense for the preceding 3 tax
years is less than 50% of the total other deductible farm expenses
for those 3 tax years
• The client is a farm related taxpayer if any of the following tests
apply
– 1. The main home is on a farm
– 2. The principal business is farming
– 3. A member of the family meets (1) or (2)
• For this purpose, the family includes your brothers and sisters, half‐
brothers and half‐sisters, spouse, parents, grandparents, children,
grandchildren, and aunts and uncles and their children
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Rev. Proc. 79‐229
• Rev. Rul. 79‐229, 1979‐2 C.B. 210, sets out three tests that must be met in
order to deduct the cost of a supply purchased in the current taxable year
which will be used in the subsequent taxable year
– The expense must be a payment for the purchase of supplies, not a deposit
– The amount is considered a payment if it was made under a binding commitment to
accept delivery of a specific quantity at a fixed price, and the farmer is not entitled to
a refund or repurchase
– The prepayment is not merely for tax avoidance, but has a specific business purpose
– Examples of business benefits are:
Fixing maximum prices
Securing an assured feed supply
Securing preferential treatment in anticipation of shortages
• The deduction does not result in a material distortion of income. Some factors
to consider in determining whether there is a material distortion of income are:
– The farmer’s customary business practices in conducting the farming operation
– The materiality of the expenditure in relation to the taxpayer’s income for the year
– The time of the year the purchase is made
– The amount of the expenditure in relation to past purchases
Rev. Proc. 79‐229
• Remember Rev. Rul. 79‐229 was written
before the passive activity rules of IRC § 469
were enacted
• Consideration of IRC § 469 could further limit
farming expenses
Prepaid Livestock Feed
• If the client reports income and expenses under the
cash method of accounting, they cannot deduct in the
year paid the cost of feed your livestock will consume
in a later year unless they meet all the following
tests
– 1. The payment is for the purchase of feed rather than a
deposit
– 2. The prepayment has a business purpose and is not
merely for tax avoidance
– 3.Deducting the prepayment does not result in a material
distortion of your income
• If your client meet all three tests, you can deduct the prepaid feed,
subject to the limit on prepaid farm supplies
• If your client fails any of these tests, your client can deduct the
prepaid feed only in the year it is consumed
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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 your client can show they made it
under a binding commitment to accept delivery of a specific
quantity of feed at a fixed price and they are not 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
Payment for the Purchase of Feed
• A provision permitting substitution of ingredi‐
ents to vary the particular feed mix to meet
your livestock's current diet requirements will
not suggest a deposit
• Further, a price adjustment to reflect market
value at the date of delivery is not, by itself,
proof of a deposit
Commodity Wages
• TaxPlace has two presentations covering
commodity wages
• In respecting the time limits of today’s
presentation the issue will not be discussed
• As a member of TaxPlace you can view those
webinars at any time
• The issue in itself could extend our webinar
by 30‐40 minutes
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Labor Hired
• Your client can deduct reasonable wages paid for regular
farm labor, piecework, contract labor, and other forms of
labor hired to work in the farming operations
• Your client can pay wages in cash or in noncash items
such as inventory, capital assets, or assets used in the
farming business
• The cost of boarding farm labor is a deductible labor
cost
• Other deductible costs incurred for farm labor include
health insurance, workers' compensation insurance, and
other benefits
Farm labor
• If a farmer pays his child to do farm work and a
true employer‐employee relationship exists,
reasonable wages or other compensation paid to
the child is deductible
• The wages are included in the child’s income,
and the child may have to file an income tax
return
• These wages may also be subject to social
security and Medicare taxes if the child is age 18
or older
Repairs and Maintenance
• You can deduct most expenses for the repair and
maintenance of your farm property
• Common items of repair and maintenance are re‐
painting, replacing shingles and supports on farm
buildings, and periodic or routine maintenance of trucks,
tractors, and other farm machinery
• However, repairs to, or overhauls of, depreciable
property that substantially prolong the life of the
property, increase its value, or adapt it to a different use
are capital expenses
• For example, if you repair the barn roof, the cost is
deductible but if you replace the roof, it is a capital
expense
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Capital vs. Reoccurring Costs
• A capital cost is paid or incurred for the
acquisition, improvement, or restoration of
an asset having a useful life of more than one
year
• Capital expenses are generally not deductible,
but they may be depreciable (IRC § 263)
• Uniform capitalization rules also require you
to capitalize or include in inventory certain
expenses (IRC § 263A)
What Property Cannot Be
Depreciated?
• Certain property cannot be depreciated
• Land
– You can never depreciate the cost of land because land does not wear
out, be come 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
• Property placed in service and disposed of in the same year
• 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
– Certain term interests
What Property Does Not
Qualify for §179 ?
• Land and land improvements, do not qualify as
section 179 property
• Land improvements include nonagricultural
fences, swimming pools, paved parking areas,
wharves, docks, bridges, and fences
• However, agricultural fences do qualify as section
179 property
• Similarly, field drainage tile also qualifies as
section 179 property
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§179
• Farmers cannot elect the section 179 expense
deduction for the following property:
• Certain property you lease to others (if you are a
non‐corporate lessor)
• Certain property used predominantly to furnish
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
New Repair Regulations
• Unit of property
• Economic useful life
• Applicable Financial Statement
• Coordination with other provisions
• Written Capitalization policy
• Material and Supply
• Rotable and Temporary Spare Parts
• Small business taxpayers
Unit of Property
• Starting point for implementing the new repair regulations
• The unit‐of‐property must be identified before the client can
determine whether the expenditure can be deducted or must be
capitalized
• Once the unit of property has been determined, the client applies
the improvement standards under the regulations to determine if
the expenditure improves the property and requires capitalization
– In general, a unit of property includes all components that are
“functionally interdependent” (i.e., the placing in service of one
component depends upon the placing in service of another
component
• An additional rule provides that if the taxpayer breaks down the
unit of property into smaller components with different
depreciation lives, then the smaller components are the units of
property
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Unit of Property
• In general, a unit of property includes all components that are
“functionally interdependent” (i.e., the placing in service of one
component depends upon the placing in service of another component)
• An example: a client generally cannot place an tractor into service
without tires; therefore, the tractor and tires may be a unit of property
• An additional rule provides that if the taxpayer breaks down the unit of
property into smaller components with different depreciation lives, then
the smaller components are the units of property
• An example: if the taxpayer treats the tractor tires under a different
modified accelerated cost recovery system (MACRS) class than the
tractor, the tires are a separate unit of property from the tractor
Where to start?
• Start with the concept that all tangible property
that is not inventory must be capitalized and
depreciated unless there is an exception
• The regulations provide an exception for items
that qualify as materials and supplies
Improvement Costs
• The new regulations provide rules for
distinguishing between costs than can be
expensed and costs that must be capitalized
• Review the treatment of items expensed in prior
years
• The new rules for improvement costs are
referred to as the BAR (Betterment, Adaptation
and Restoration) test
• Amounts paid that meet any portion of the BAR
test must be capitalized
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Materials & Supplies
• The new rules also define what the IRS considers
“materials and supplies”
• Materials and supplies are assets defined by the
new rules as follows:
– Asset costing $200 or less
– Asset with an economic useful life of 12 months or
less
– Component to maintain, repair or improve an asset,
including rotable, temporary and stand‐by emergency
spare parts
– Fuel, lubricants, water, etc. reasonably expected to be
consumed in 12 months or less
Routine Maintenance Safe Harbor
• The new regulations allow for immediate expensing of items paid
to keep an asset in ordinary and efficient working condition
• The following items may be expensed as repairs under the Routine
Maintenance Safe Harbor:
– Building property (structural components or building systems) –
expenditures for maintenance activities that you reasonably expect to
perform more than once during a 10 year period
• Replacement of damaged or worn parts with comparable parts, such as
replacing 2 windows in a building that has 10 windows or replacing 1 AC unit in
a building that has 3 AC units.
• Non‐building property – expenditures for maintenance activities
that you reasonably expect to perform more than once during the
asset’s depreciable class life, which is typically longer than an
asset’s depreciable life for tax purposes.
De Minimis Safe Harbor Election
• This is an annual election to expense amounts paid or
incurred to acquire an asset, produce an asset or
purchase materials and supplies
• The amount that may be expensed for tax purposes is
limited to $500 per item unless you have an applicable
financial statement then the amount is $5,000
• Policies in excess of $500 are permissible if the
increased threshold accurately reflects your income
and can be supported upon IRS exam
• An applicable financial statement is defined as an
annual independent audit report or a financial
statement submitted to a governmental agency
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Safe Harbor Election for Small
Taxpayers with Buildings
• This is an annual election to expense
improvements that would otherwise be
capitalized
• To qualify for this safe harbor you must meet all
of the following criteria:
– Taxpayer owned or leased building must have an
unadjusted cost basis of $1 million or less
– Taxpayer must have average gross receipts of less than
$10 million for 3 previous tax years
– Total amount for repairs, maintenance and
improvements must not exceed the lessor of $10,000
or 2% of the unadjusted basis in the building
Flow Charts to Assist on TaxPlace
• Materials and Supplies Chart
• Handling DeMinimus Amounts Chart
• Repair Regulations Client Checklist
Interest
• You can deduct as a farm business expense interest paid on farm
mortgages and other obligations you incur in your farm business
• Cash method
– If you use the cash method of accounting, you can generally deduct
interest paid during the tax year
– You cannot 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
• Prepaid interest
– Under the cash method, you generally cannot 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
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Interest
• Accrual method
• If you use an accrual method of accounting,
you can deduct only interest that has accrued
during the tax year
• However, you cannot deduct interest owed to
a related person who uses the cash method
until payment is made and the interest is
includible in the gross income of that
person
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
Breeding Fees
• You can deduct breeding fees as a farm business
expense
• However, 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
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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
Do Not Forget the Prepaid Farm
Supplies Rule
• That rule may limit the deduction for these materials
• If the benefits of the fertilizer, lime, or other materials last
substantially more than one year, you generally capitalize
their cost and deduct a part each year the benefits last
• However, you can elect 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
Fertilizer and Lime
• Farmland, for these purposes, is land used for
producing crops, fruits, or other agricultural
products or for sustaining livestock
• It does not include land you have never used
previously for producing crops or sustaining
livestock
• You cannot deduct initial land preparation
costs
• Include government payments you receive for
lime or fertilizer in income
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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 also can 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
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 does not 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
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State and Federal Income Taxes
• Individuals cannot 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) – expired in 2014
• However, you cannot deduct federal
income tax
Highway Use Tax
• You can deduct the federal use tax on
highway motor vehicles paid on a truck or
truck tractor used in your farm business
• Form 2290, Heavy Highway Vehicle Use Tax
Return
Self‐employment Tax Deduction
• You can deduct as an adjustment to
income on Form 1040 one‐half of your self
employment tax in figuring your adjusted
gross income
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Insurance
• You generally can 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 cannot deduct the
premiums as a business expense
• In the event of death, the proceeds of the
policy are not 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 28, 2015, you paid a premium of $3,000 for fire
insurance on the barn
• The policy will cover a period of 3 years beginning on July 1, 2015
• Only the cost for the 6 months in 2015 is deductible as an
insurance expense on your 2015 calendar year tax return
• Deduct $500, which is the premium for 6 months of the 36 ‐
month premium period
• In both 2016 and 2017, deduct $1,000
• Deduct the remaining $500 in 2018
• Had the policy been effective on January 1, 2015, the deductible
expense would have been $1,000 for each of the years 2015, 2016,
and 2017, based on one‐third of the premium used each year
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Business Interruption Insurance
• Use and occupancy and business
interruption insurance 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 1
Self‐Employed Health Insurance
Deduction
• If you are self‐employed, you can deduct as an
adjustment to income on Form 1040 the payments
for medical, dental, and qualified longterm care
insurance coverage for yourself, your spouse, and
your dependents when figuring your adjusted gross
income on your Form 1040
• Effective March 30, 2010, the insurance can also
cover any child of yours under age 27 at the end of
2015, even if the child was not your dependent
• Generally, this deduction cannot be more than the
net profit from the business under which the plan
was established
Rent and Leasing
• If you lease property for use in your farm busi
• ness, you can generally deduct the rent you
pay on Schedule F
• However, you cannot deduct rent you pay
in crop shares if you deduct the cost of
raising the crops as farm expenses
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Advance Payments
• Deduct advance payments of rent only in
the year to which they apply, regardless of
your accounting method
Farm Home
• If you rent a farm, do not 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 do not represent interest or other charges) are
payments for the purchase of the property
• Do not deduct these payments as rent, but capitalize
the cost of the property and recover this cost
through depreciation
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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
Conditions
• 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 cannot deduct any of the lease payments as rent
• You can deduct interest, repairs, insurance, depreciation,
• and other expenses related to the equipment
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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
• §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)
• Revenue Procedure 2001‐28
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 is not
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
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Business Use of Your Home
• 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 now provides a simplified method
• to determine your expenses for business use
of your home
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),
cannot be more than the gross income from farming minus the
following expenses
• The business part of expenses you could deduct even if you did not
use your home for business (such as deductible mortgage interest,
real estate taxes, and casualty and theft losses)
Deduction Limit
• If you are self‐employed, do not 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 under
the historical method not the simplified
method
• They are subject to the deduction limit for
the next tax year
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Telephone Expense
• You cannot 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 each mile of business
use is 57.5 cents in 2015
• You can use the standard mile age rate for a car or a light
truck, such as a van, pickup, or panel truck, you own or
lease
• You cannot use the standard mileage rate if you operate
five or more cars or light trucks at the same time
• You are not using five or more vehicles at the same time if
you alternate using the vehicles (you use them at
different times) for business
• Notice 2014‐79
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9/8/2015
Business Use Percentage
• You can claim 75% of the use of a car or light truck as business
use without any 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
Truck and Car Expenses
• If you keep records and they show that the
business use was more than 75%, you may be
able to claim more
• Beginning and ending odometer reading is
needed
Travel Expenses
• You can deduct ordinary and necessary expenses you
incur while traveling away from home for your farm
business
• You cannot 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 work day, and
– You need to get sleep or rest to meet the demands of your
work while away from home
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9/8/2015
Travel Expenses
• 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; and
– Tips for any of the above expenses
Meals
• You ordinarily can deduct only 50% of your business
related meals 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 cannot deduct any of the cost of meals if it is not
necessary for you to rest, unless you meet the rules for
business entertainment
• 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
Recordkeeping Requirements
• You must be able to prove your deductions for travel by adequate
records or other evidence that will support your own statement
• Estimates or approximations do not qualify as proof of an
expense
• 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 do not 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
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9/8/2015
Reimbursements to Employees
• You generally can 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 non‐accountable plan
• Under an accountable plan, the employee must
provide evidence of expenses
• Under a non‐accountable 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 non‐accountable plan,
you must report the reimbursements as wages on Form
W2 and deduct them as wages
Marketing Quota Penalties
• You can deduct as Other expenses on Sched‐
ule F penalties you pay for marketing crops in
excess of farm marketing quotas
• However, if you do not 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 is
not taxable income to the tenant
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9/8/2015
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 (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
Other Expenses
– Insect sprays and dusts
– Litter and bedding
– Livestock fees
– Marketing fees
– Milk assessment
– Recordkeeping expenses
– Service charges
– Small tools expected to last one year or less
– Stamps and stationery
– Subscriptions to professional, technical, and trade
journals that deal with farming
– Tying material and containers
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
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9/8/2015
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 may be able to deduct the remaining cost
on Schedule A (Form 1040) if you itemize
your deductions
• You also can deduct on Schedule F the
amount you pay or incur in resolving tax
issues relating to your farm business
Advertising
• You generally can deduct reasonable
advertising expenses that are directly related
to your business activities
• Generally, you cannot deduct amounts paid
to influence legislation (i.e., lobbying
• You can usually deduct as a business expense
the cost of institutional or goodwill
advertising to keep your name before the
public if it relates to business you reasonably
expect to gain in the future
Advertising
• The cost of ordinary advertising of your goods or
services ‐‐ business cards, yellow page ads, and
so on ‐‐ is deductible as a current expense
• Promotional costs that create business goodwill ‐
‐ for example, sponsoring a peewee football
team ‐‐ are also deductible as long as there is a
clear connection between the sponsorship and
your business
• For example, naming the team the "Southwest
Auto Parts Blues" or listing the business name in
the program is evidence of the promotion effort
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9/8/2015
Scoop Dates for Post Filing Season
• September 23, 2015
• October 21, 2015
• October 28, 2015
Iowa Taxpayer Advocate Town Hall
Meeting
• Join us for our Annual Town Hall Advocate
meeting
• September 25, 2015
• Noon – 1:00
• Your chance to air your concerns
September Webinars
• September 15 ‐ S‐Corp K‐1 Preparation ‐ The proper preparation of an S‐Corporation K‐1 is essential
to the client and reporting the flow‐through income. This class will review the key areas of Form K‐1
and the flow‐through process.
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9/8/2015
ACA Week 2015
Get ready for the 2016 filing season and ACA
• ACA Week October 19, 2015 – October 23, 2015
– The Marketplace and Affordability: October 19, 2015 ‐
Noon to 1 pm (CST) – 1 hour of CPE
– Exemptions and Shared Responsibility Payment: October
20, 2015 ‐ Noon to 1 pm (CST) – 1 hour of CPE
– Premium Tax Credit: October 21, 2015 ‐ Noon to 1 pm (CST)
1 hour of CPE
– Shared Allocations: October 22, 2015 – Noon to 2 pm(CST)
2 hours of CPE
– Employer Issues and Cadillac Tax: October 23, 2015 – Noon
to 2 pm (CST) – 2 hours of CPE
ACA Week 2015
• Registration:
– To register: https://goo.gl/RnW5nG
• Special Discount!! (must be pre‐registered for all 5 classes): $200
(7 hours of CPE)
• The Marketplace and Affordability: October 19, 2015 ‐ Noon to 1
pm (CST) – 1 hour of CPE ‐ $35
• Exemptions and Shared Responsibility Payment: October 20,
2015 ‐ Noon to 1 pm (CST) – 1 hour of CPE ‐ $35
• Premium Tax Credit: October 21, 2015 ‐ Noon to 1 pm (CST) – 1
hour of CPE ‐ $35
• Shared Allocations: October 22, 2015 – Noon to 2 pm (CST) – 2
hours of CPE ‐ $70
• Employer Issues and Cadillac Tax: October 23, 2015 – Noon to 2
pm (CST) – 2 hours of CPE ‐ $70
Webinars: Repair Regulation Week at CALT
October 26, 2015 to October 30, 2015
• October 26, 2015 Buildings: Betterments ~ Noon to 1 pm CST
• What is an Improvement? An improvement occurs if the unit of property (UOP) undergoes, other
than through routine maintenance: (1) betterment, (2) restoration, or (3) adaptation to another
use. This session will cover the new regulations and provide examples that will, assist in the of
when that Unit of Property (1) ameliorates a material condition or defect that predates the
taxpayer’s ownership of the property, (2) is for a material improvement to the property’s capacity,
or (3) is expected to materially improve the property’s productivity, efficiency, strength, quality or
output. Discussion on how to identify and examples will be shared. Also a discussion on the safe
harbor will be demonstrated.
• October 27, 2015 Buildings: Restoration ~ Noon to 1 pm CST
• What is an Improvement? Does that improvement: (1) it returns a non‐functional unit of property
to operating condition; (2) it replaces a major component or substantial structural part or set of
parts, or (3) it restores property after the end of its class life to a like‐new condition (as defined in
either a federal regulatory guideline or the manufacturer’s specifications. Discussion on how to
identify and examples will be shared.
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9/8/2015
Webinars: Repair Regulation Week at CALT
October 26, 2015 to October 30, 2015
• October 28, 2015 Buildings: Adaptation ~ Noon to 1 pm CST
• Does that improvement adapt the property to new uses? Are improvements subject to
capitalization or can they be expensed under the safe harbor. Examples will be demonstrated. The
treatment under the new rule applies to all direct costs of the improvement plus all indirect costs
that either directly benefit from, or are incurred by reason of, the improvement. Discussion on how
to identify and examples will be shared.
• October 29, 2015 Dispositions ~ Noon to 1 pm CST
• What happens when the property is disposed of or sold, how is that handled under the new repair
regulations? What are the new procedures? Discussion on how to apply the new regulations and
examples will be shared.
• October 30, 2015 Other Remaining Issues of Importance ~ Noon to 1 pm CST
• The NEW repair regulations cover a variety of aspects. This session will cover a potpourri of issues
to round out the previous five classes. We will try to address common questions and reiterated
some of the key definitions necessary to fully understand the new regulations. We will also cover
as time allowed topics we were unable to fully address in other sessions.
2015 Farm Tax Schools
• November 9, 2015 to December 15, 2015
• 8 Locations in Iowa
• Registration and the Fall Brochure will be out in
August
• The program is intended for tax professionals and
is designed to provide up‐to‐date training on
current tax law and regulations.
• The program stresses practical information to
facilitate the filing of individual and small
business returns, in addition to farm returns.
2015 Farm Tax Schools‐ Dates and
Locations
• Waterloo: Nov 9‐10
• Sheldon: Nov. 10‐11
• Red Oak: Nov. 11‐12
• Ottumwa: Nov. 12‐13
• Mason City: Nov. 16‐17
• Maquoketa: Nov. 23‐24
• Denison: Dec. 7‐8
• Ames: Dec. 14‐15 – live as well as attendance via
webinar available
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9/8/2015
CALT Website
http://www.calt.iastate.edu/
Tour of the CALT Website
CALT Staff
Roger A. McEowen
CALT Director and is a Leonard
Dolezal Professor in Agricultural
Law
Email: mceowen@iastate.edu
Phone: (515) 294‐4076
Fax: (515) 294‐0700
Kristine A. Tidgren
Staff Attorney
E‐mail: ktidgren@iastate.edu
Phone: (515) 294‐6365
Fax: (515) 294‐0700
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9/8/2015
CALT Staff
Kristy S. Maitre
Tax Specialist
E‐mail: ksmaitre@iastate.edu
Phone: (515) 296‐3810
Fax: (515) 294‐0700
Tiffany Kayser
Program Administrator
Email: tlkayser@iastate.edu
Phone: (515) 294‐5217
Fax: (515) 294‐0700
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