26 U.S.C. § 464 — Limitations on deductions for certain farming expenses
submitted 50 years ago by Pub. L. 94-455 to r/title-26-INTERNAL-REVENUE-CODE · 603 words · no verdicts yet
For certain taxpayers, the tax code delays deductions for prepaid farm supplies like feed and seed until they're actually used, and requires the cost of poultry to be spread out or deducted only when sold. This delay applies mainly to taxpayers who prepay 50% or more of their farm expenses and are not "farm-related" taxpayers, with exceptions for supplies lost to disasters.
(a) General rule. If subsection (d) applies to a taxpayer*, a deduction for money paid for feed, seed, fertilizer, or similar farm supplies is only allowed for the tax year the supplies are actually used or consumed — or, if later, whatever year it would normally be deductible.
(b) Certain poultry expenses. For a taxpayer covered by subsection (d): the cost of poultry (including egg-laying hens and baby chicks) bought for business use must be capitalized and deducted evenly over 12 months or the birds' useful life in the business, whichever is shorter; and the cost of poultry bought for resale is deducted in the year it's sold or disposed of.
(c) Exception. Rule (a) does not apply to supplies still on hand at year-end because of fire, storm, other casualty, disease, or drought.
(d) Taxpayers who prepay 50% or more of farm expenses. (1) Subsection (d) applies to a taxpayer for a year if the taxpayer does not use an accrual method, has "excess prepaid farm supplies" for the year, and is not a "qualified farm-related taxpayer." (2) A "qualified farm-related taxpayer" is a farm-related taxpayer whose prepaid farm supplies over the last three years were less than 50% of their other deductible farming expenses over that same period, or whose excess prepaid supplies this year are due to a genuine change in business caused by extraordinary circumstances. A "farm-related taxpayer" is someone whose main home is on a farm, whose main job is farming, or who is a family member (as defined in section 461(k)(2)(E)) of someone who fits either of those. (3) "Excess prepaid farm supplies" means prepaid supplies for the year that exceed 50% of the year's other deductible farming expenses. "Prepaid farm supplies" means amounts covered by subsections (a) or (b) that would otherwise be deductible in a later year. "Deductible farming expenses" means any deduction allowed under this chapter — including depreciation or amortization — that is properly tied to the trade or business* of farming.
(e) Farming. For this section, "farming" means cultivating land, or raising or harvesting an agricultural* or horticultural product, including raising, shearing, feeding, caring for, training, and managing animals. Trees do not count as an agricultural or horticultural product for this purpose, unless they bear fruit or nuts.
In the case of any taxpayer* to whom subsection (d) applies, a deduction (otherwise allowable under this chapter) for amounts paid for feed, seed, fertilizer, or other similar farm supplies shall only be allowed for the taxable year* in which such feed, seed, fertilizer, or other supplies are actually used or consumed, or, if later, for the taxable year for which allowable as a deduction (determined without regard to this section).
In the case of any taxpayer to whom subsection (d) applies—
the cost of poultry (including egg-laying hens and baby chicks) purchased for use in a trade or business* (or both for use in a trade or business and for sale) shall be capitalized and deducted ratably over the lesser of 12 months or their useful life in the trade or business, and
the cost of poultry purchased for sale shall be deducted for the taxable year in which the poultry is sold or otherwise disposed of.
Subsection (a) shall not apply to any amount paid for supplies which are on hand at the close of the taxable year on account of fire, storm, or other casualty, or on account of disease or drought.
This subsection applies to any taxpayer for any taxable year if such taxpayer—
does not use an accrual method of accounting,
has excess prepaid farm supplies for the taxable year, and
is not a qualified farm-related taxpayer.
For purposes of this subsection, the term “qualified farm-related taxpayer” means any farm-related taxpayer if—
the aggregate prepaid farm supplies for the 3 taxable years preceding the taxable year are less than 50 percent of,
the aggregate deductible farming expenses (other than prepaid farm supplies) for such 3 taxable years, or
the taxpayer has excess prepaid farm supplies for the taxable year by reason of any change in business operation directly attributable to extraordinary circumstances.
For purposes of this paragraph, the term “farm-related taxpayer” means any taxpayer—
whose principal residence (within the meaning of section 121) is on a farm,
who has a principal occupation of farming, or
who is a member of the family (within the meaning of section 461(k)(2)(E)) of a taxpayer described in clause (i) or (ii).
For purposes of this subsection—
The term “excess prepaid farm supplies” means the prepaid farm supplies for the taxable year to the extent the amount of such supplies exceeds 50 percent of the deductible farming expenses for the taxable year (other than prepaid farm supplies).
The term “prepaid farm supplies” means any amounts which are described in subsection (a) or (b) and would be allowable for a subsequent taxable year under the rules of subsections (a) and (b).
The term “deductible farming expenses” means any amount allowable as a deduction under this chapter (including any amount allowable as a deduction for depreciation or amortization) which is properly allocable to the trade or business of farming.
For purposes of this section, the term “farming” means the cultivation of land or the raising or harvesting of any agricultural* or horticultural commodity including the raising, shearing, feeding, caring for, training, and management of animals. For purposes of the preceding sentence, trees (other than trees bearing fruit or nuts) shall not be treated as an agricultural or horticultural commodity.
Source credit: (Added Pub. L. 94–455, title II, § 207(a)(1), Oct. 4, 1976, 90 Stat. 1536; amended Pub. L. 95–600, title VII, § 701(l)(3), Nov. 6, 1978, 92 Stat. 2907; Pub. L. 97–354, § 5(a)(30), Oct. 19, 1982, 96 Stat. 1695; Pub. L. 99–514, title IV, § 404(a), (b)(1), title VIII, § 803(b)(8), Oct. 22, 1986, 100 Stat. 2223, 2224, 2356; Pub. L. 100–647, title I, § 1008(a)(4), Nov. 10, 1988, 102 Stat. 3437; Pub. L. 105–34, title III, § 312(d)(1), Aug. 5, 1997, 111 Stat. 839; Pub. L. 113–295, div. A, title II, § 221(a)(58)(A), (B)(i), (C), (D), Dec. 19, 2014, 128 Stat. 4047; Pub. L. 115–141, div. U, title IV, § 401(a)(118), (119), Mar. 23, 2018, 132 Stat. 1190.)
- 1976Enacted · Pub. L. 94-455 · 90 Stat. 1536
- 1978Amended · Pub. L. 95-600 · 92 Stat. 2907
- 1982Amended · Pub. L. 97-354 · 96 Stat. 1695
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2223, 2224, 2356
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3437
- 1997Amended · Pub. L. 105-34 · 111 Stat. 839
- 2014Amended · Pub. L. 113-295 · 128 Stat. 4047
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1190
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-455 on 1976-10-04.
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