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Free 1040nr

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Free 1040nr 3. Free 1040nr   Farm Income Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Schedule F (Form 1040) Sales of Farm ProductsSchedule F. Free 1040nr Form 4797. Free 1040nr Sales Caused by Weather-Related Conditions Rents (Including Crop Shares)Crop Shares Agricultural Program PaymentsCommodity Credit Corporation (CCC) Loans Conservation Reserve Program (CRP) Crop Insurance and Crop Disaster Payments Feed Assistance and Payments Cost-Sharing Exclusion (Improvements) Payments Under the Farm Security and Rural Investment Act of 2002 and Under the Food, Conservation, and Energy Act of 2008 Tobacco Quota Buyout Program Payments Other Payments Payment to More Than One Person Income From CooperativesPatronage Dividends Per-Unit Retain Certificates Cancellation of DebtGeneral Rule Exceptions Exclusions Income From Other SourcesSod. Free 1040nr Granting the right to remove deposits. Free 1040nr Income Averaging for FarmersElected Farm Income (EFI) How To Figure the Tax Effect on Other Tax Determinations Tax for Certain Children Who Have Unearned Income Alternative Minimum Tax (AMT) Schedule J Introduction You may receive income from many sources. Free 1040nr You must report the income from all the different sources on your tax return, unless it is excluded by law. Free 1040nr Where you report the income on your tax return depends on its source. Free 1040nr This chapter discusses farm income you report on Schedule F (Form 1040), Profit or Loss From Farming. Free 1040nr For information on where to report other income, see the Instructions for Form 1040, U. Free 1040nr S. Free 1040nr Individual Income Tax Return. Free 1040nr Accounting method. Free 1040nr   The rules discussed in this chapter assume you use the cash method of accounting. Free 1040nr Under the cash method, you generally include an item of income in gross income in the year you receive it. Free 1040nr See Cash Method in chapter 2. Free 1040nr   If you use an accrual method of accounting, different rules may apply to your situation. Free 1040nr See Accrual Method in chapter 2. Free 1040nr Topics - This chapter discusses: Schedule F Sales of farm products Rents (including crop shares) Agricultural program payments Income from cooperatives Cancellation of debt Income from other sources Income averaging for farmers Useful Items - You may want to see: Publication 525 Taxable and Nontaxable Income 550 Investment Income and Expenses 908 Bankruptcy Tax Guide 925 Passive Activity and At-Risk Rules 4681 Canceled Debts, Foreclosures, Repossessions, and Abandonments Form (and Instructions) 982 Reduction of Tax Attributes Due to Discharge of Indebtedness Sch E (Form 1040) Supplemental Income and Loss Sch J (Form 1040) Income Averaging for Farmers and Fishermen 1099-G Certain Government Payments 1099-PATR Taxable Distributions Received From Cooperatives 4797 Sales of Business Property 4835 Farm Rental Income and Expenses See chapter 16 for information about getting publications and forms. Free 1040nr Schedule F (Form 1040) Individuals, trusts, and partnerships report farm income on Schedule F (Form 1040), Profit or Loss From Farming. Free 1040nr Use this schedule to figure the net profit or loss from regular farming operations. Free 1040nr Income from farming reported on Schedule F includes amounts you receive from cultivating, operating, or managing a farm for gain or profit, either as owner or tenant. Free 1040nr This includes income from operating a stock, dairy, poultry, fish, fruit, or truck farm and income from operating a plantation, ranch, range, or orchard. Free 1040nr It also includes income from the sale of crop shares if you materially participate in producing the crop. Free 1040nr See Rents (Including Crop Shares) , later. Free 1040nr Income received from operating a nursery, which specializes in growing ornamental plants, is considered to be income from farming. Free 1040nr Income reported on Schedule F does not include gains or losses from sales or other dispositions of the following farm assets. Free 1040nr Land. Free 1040nr Depreciable farm equipment. Free 1040nr Buildings and structures. Free 1040nr Livestock held for draft, breeding, sport, or dairy purposes. Free 1040nr Gains and losses from most dispositions of farm assets are discussed in chapters 8 and 9. Free 1040nr Gains and losses from casualties, thefts, and condemnations are discussed in chapter 11. Free 1040nr Sales of Farm Products Where to report. Free 1040nr    Table 3-1 shows where to report the sale of farm products on your tax return. Free 1040nr Schedule F. Free 1040nr   Amounts received from the sales of products you raised on your farm for sale (or bought for resale), such as livestock, produce, or grains, are reported on Schedule F. Free 1040nr This includes money and the fair market value of any property or services you receive. Free 1040nr When you sell farm products bought for resale, your profit or loss is the difference between your selling price (money plus the fair market value of any property) and your basis in the item (usually the cost). Free 1040nr See chapter 6 for information on the basis of assets. Free 1040nr You generally report these amounts on Schedule F for the year you receive payment. Free 1040nr Example. Free 1040nr In 2012, you bought 20 feeder calves for $11,000 for resale. Free 1040nr You sold them in 2013 for $21,000. Free 1040nr You report the $21,000 sales price on Schedule F, line 1b, subtract your $11,000 basis on line 1d, and report the resulting $10,000 profit on line 1e. Free 1040nr Form 4797. Free 1040nr   Sales of livestock held for draft, breeding, sport, or dairy purposes may result in ordinary or capital gains or losses, depending on the circumstances. Free 1040nr In either case, you should always report these sales on Form 4797 instead of Schedule F. Free 1040nr See Livestock under Ordinary or Capital Gain or Loss in chapter 8. Free 1040nr Animals you do not hold primarily for sale are considered business assets of your farm. Free 1040nr Table 3-1. Free 1040nr Where To Report Sales of Farm Products Item Sold Schedule F Form 4797 Farm products raised for sale X   Farm products bought for resale X   Farm assets not held primarily for sale, such as livestock held for draft, breeding, sport, or dairy purposes (bought or raised)   X Sale by agent. Free 1040nr   If your agent sells your farm products, you have constructive receipt of the income when your agent receives payment and you must include the net proceeds from the sale in gross income for the year the agent receives payment. Free 1040nr This applies even if your agent pays you in a later year. Free 1040nr For a discussion on constructive receipt of income, see Cash Method under Accounting Methods in chapter 2. Free 1040nr Sales Caused by Weather-Related Conditions If you sell or exchange more livestock, including poultry, than you normally would in a year because of a drought, flood, or other weather-related condition, you may be able to postpone reporting the gain from the additional animals until the next year. Free 1040nr You must meet all the following conditions to qualify. Free 1040nr Your principal trade or business is farming. Free 1040nr You use the cash method of accounting. Free 1040nr You can show that, under your usual business practices, you would not have sold or exchanged the additional animals this year except for the weather-related condition. Free 1040nr The weather-related condition caused an area to be designated as eligible for assistance by the federal government. Free 1040nr Sales or exchanges made before an area became eligible for federal assistance qualify if the weather-related condition that caused the sale or exchange also caused the area to be designated as eligible for federal assistance. Free 1040nr The designation can be made by the President, the Department of Agriculture (or any of its agencies), or by other federal departments or agencies. Free 1040nr A weather-related sale or exchange of livestock (other than poultry) held for draft, breeding, or dairy purposes may be an involuntary conversion. Free 1040nr See Other Involuntary Conversions in chapter 11. Free 1040nr Usual business practice. Free 1040nr   You must determine the number of animals you would have sold had you followed your usual business practice in the absence of the weather-related condition. Free 1040nr Do this by considering all the facts and circumstances, but do not take into account your sales in any earlier year for which you postponed the gain. Free 1040nr If you have not yet established a usual business practice, rely on the usual business practices of similarly situated farmers in your general region. Free 1040nr Connection with affected area. Free 1040nr   The livestock does not have to be raised or sold in an area affected by a weather-related condition for the postponement to apply. Free 1040nr However, the sale must occur solely because of a weather-related condition that affected the water, grazing, or other requirements of the livestock. Free 1040nr This requirement generally will not be met if the costs of feed, water, or other requirements of the livestock affected by the weather-related condition are not substantial in relation to the total costs of holding the livestock. Free 1040nr Classes of livestock. Free 1040nr   You must figure the amount to be postponed separately for each generic class of animals—for example, hogs, sheep, and cattle. Free 1040nr Do not separate animals into classes based on age, sex, or breed. Free 1040nr Amount to be postponed. Free 1040nr   Follow these steps to figure the amount of gain to be postponed for each class of animals. Free 1040nr Divide the total income realized from the sale of all livestock in the class during the tax year by the total number of such livestock sold. Free 1040nr For this purpose, do not treat any postponed gain from the previous year as income received from the sale of livestock. Free 1040nr Multiply the result in (1) by the excess number of such livestock sold solely because of weather-related conditions. Free 1040nr Example. Free 1040nr You are a calendar year taxpayer and you normally sell 100 head of beef cattle a year. Free 1040nr As a result of drought, you sold 135 head during 2012. Free 1040nr You realized $70,200 from the sale. Free 1040nr On August 9, 2012, as a result of drought, the affected area was declared a disaster area eligible for federal assistance. Free 1040nr The income you can postpone until 2013 is $18,200 [($70,200 ÷ 135) × 35]. Free 1040nr How to postpone gain. Free 1040nr   To postpone gain, attach a statement to your tax return for the year of the sale. Free 1040nr The statement must include your name and address and give the following information for each class of livestock for which you are postponing gain. Free 1040nr A statement that you are postponing gain under Internal Revenue Code (IRC) section 451(e). Free 1040nr Evidence of the weather-related conditions that forced the early sale or exchange of the livestock and the date, if known, on which an area was designated as eligible for assistance by the federal government because of weather-related conditions. Free 1040nr A statement explaining the relationship of the area affected by the weather-related condition to your early sale or exchange of the livestock. Free 1040nr The number of animals sold in each of the 3 preceding years. Free 1040nr The number of animals you would have sold in the tax year had you followed your normal business practice in the absence of weather-related conditions. Free 1040nr The total number of animals sold and the number sold because of weather-related conditions during the tax year. Free 1040nr A computation, as described above, of the income to be postponed for each class of livestock. Free 1040nr   Generally, you must file the statement and the return by the due date of the return, including extensions. Free 1040nr However, for sales or exchanges treated as an involuntary conversion from weather-related sales of livestock in an area eligible for federal assistance (discussed in chapter 11), you can file this statement at any time during the replacement period. Free 1040nr For other sales or exchanges, if you timely filed your return for the year without postponing gain, you can still postpone gain by filing an amended return within 6 months of the due date of the return (excluding extensions). Free 1040nr Attach the statement to the amended return and write “Filed pursuant to section 301. Free 1040nr 9100-2” at the top of the amended return. Free 1040nr File the amended return at the same address you filed the original return. Free 1040nr Once you have filed the statement, you can cancel your postponement of gain only with the approval of the IRS. Free 1040nr Rents (Including Crop Shares) The rent you receive for the use of your farmland is generally rental income, not farm income. Free 1040nr However, if you materially participate in farming operations on the land, the rent is farm income. Free 1040nr See Landlord Participation in Farming in chapter 12. Free 1040nr Pasture income and rental. Free 1040nr   If you pasture someone else's livestock and take care of them for a fee, the income is from your farming business. Free 1040nr You must enter it as Other income on Schedule F. Free 1040nr If you simply rent your pasture for a flat cash amount without providing services, report the income as rent on Part I of Schedule E (Form 1040), Supplemental Income and Loss. Free 1040nr Crop Shares You must include rent you receive in the form of crop shares in income in the year you convert the shares to money or the equivalent of money. Free 1040nr It does not matter whether you use the cash method of accounting or an accrual method of accounting. Free 1040nr If you materially participate in operating a farm from which you receive rent in the form of crop shares or livestock, the rental income is included in self-employment income. Free 1040nr See Landlord Participation in Farming in chapter 12. Free 1040nr Report the rental income on Schedule F. Free 1040nr If you do not materially participate in operating the farm, report this income on Form 4835 and carry the net income or loss to Schedule E (Form 1040). Free 1040nr The income is not included in self-employment income. Free 1040nr Crop shares you use to feed livestock. Free 1040nr   Crop shares you receive as a landlord and feed to your livestock are considered converted to money when fed to the livestock. Free 1040nr You must include the fair market value of the crop shares in income at that time. Free 1040nr You are entitled to a business expense deduction for the livestock feed in the same amount and at the same time you include the fair market value of the crop share as rental income. Free 1040nr Although these two transactions cancel each other for figuring adjusted gross income on Form 1040, they may be necessary to figure your self-employment tax. Free 1040nr See  chapter 12. Free 1040nr Crop shares you give to others (gift). Free 1040nr   Crop shares you receive as a landlord and give to others are considered converted to money when you make the gift. Free 1040nr You must report the fair market value of the crop share as income, even though someone else receives payment for the crop share. Free 1040nr Example. Free 1040nr A tenant farmed part of your land under a crop-share arrangement. Free 1040nr The tenant harvested and delivered the crop in your name to an elevator company. Free 1040nr Before selling any of the crop, you instructed the elevator company to cancel your warehouse receipt and make out new warehouse receipts in equal amounts of the crop in the names of your children. Free 1040nr They sell their crop shares in the following year and the elevator company makes payments directly to your children. Free 1040nr In this situation, you are considered to have received rental income and then made a gift of that income. Free 1040nr You must include the fair market value of the crop shares in your income for the tax year you gave the crop shares to your children. Free 1040nr Crop share loss. Free 1040nr   If you are involved in a rental or crop-share lease arrangement, any loss from these activities may be subject to the limits under the passive loss rules. Free 1040nr See Publication 925 for information on these rules. Free 1040nr Agricultural Program Payments You must include in income most government payments, such as those for approved conservation practices, direct payments, and counter-cyclical payments, whether you receive them in cash, materials, services, or commodity certificates. Free 1040nr However, you can exclude from income some payments you receive under certain cost-sharing conservation programs. Free 1040nr See Cost-Sharing Exclusion (Improvements) , later. Free 1040nr Report the agricultural program payment on the appropriate line of Schedule F, Part I. Free 1040nr Report the full amount even if you return a government check for cancellation, refund any of the payment you receive, or the government collects all or part of the payment from you by reducing the amount of some other payment or Commodity Credit Corporation (CCC) loan. Free 1040nr However, you can deduct the amount you refund or return or that reduces some other payment or loan to you. Free 1040nr Claim the deduction on Schedule F for the year of repayment or reduction. Free 1040nr Commodity Credit Corporation (CCC) Loans Generally, you do not report loans you receive as income. Free 1040nr However, if you pledge part or all of your production to secure a CCC loan, you can treat the loan as if it were a sale of the crop and report the loan proceeds as income in the year you receive them. Free 1040nr You do not need approval from the IRS to adopt this method of reporting CCC loans. Free 1040nr Once you report a CCC loan as income for the year received, you generally must report all CCC loans in that year and later years in the same way. Free 1040nr However, you can obtain for your tax year an automatic consent to change your method of accounting for loans received from the CCC, from including the loan amount in gross income for the tax year in which the loan is received to treating the loan amount as a loan. Free 1040nr For more information, see Part I of the Instructions for Form 3115 and Revenue Procedure 2008-52. Free 1040nr Revenue Procedure 2008-52, 2008-36 I. Free 1040nr R. Free 1040nr B. Free 1040nr 587, is available at  www. Free 1040nr irs. Free 1040nr gov/irb/2008-36_IRB/ar09. Free 1040nr html. Free 1040nr You can request income tax withholding from CCC loan payments you receive. Free 1040nr Use Form W-4V, Voluntary Withholding Request. Free 1040nr See chapter 16 for information about ordering the form. Free 1040nr To elect to report a CCC loan as income, include the loan proceeds as income on Schedule F, line 7a, for the year you receive it. Free 1040nr Attach a statement to your return showing the details of the loan. Free 1040nr You must file the statement and the return by the due date of the return, including extensions. Free 1040nr If you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). Free 1040nr Attach the statement to the amended return and write “Filed pursuant to section 301. Free 1040nr 9100-2” at the top of the return. Free 1040nr File the amended return at the same address you filed the original return. Free 1040nr When you make this election, the amount you report as income becomes your basis in the commodity. Free 1040nr See chapter 6 for information on the basis of assets. Free 1040nr If you later repay the loan, redeem the pledged commodity, and sell it, you report as income at the time of sale the sale proceeds minus your basis in the commodity. Free 1040nr If the sale proceeds are less than your basis in the commodity, you can report the difference as a loss on Schedule F. Free 1040nr If you forfeit the pledged crops to the CCC in full payment of the loan, the forfeiture is treated for tax purposes as a sale of the crops. Free 1040nr If you did not report the loan proceeds as income for the year you received them, you must include them in your income for the year of the forfeiture. Free 1040nr Form 1099-A. Free 1040nr   If you forfeit pledged crops to the CCC in full payment of a loan, you may receive a Form 1099-A, Acquisition or Abandonment of Secured Property. Free 1040nr “CCC” should be shown in box 6. Free 1040nr The amount of any CCC loan outstanding when you forfeited your commodity should also be indicated on the form. Free 1040nr Market Gain Under the CCC nonrecourse marketing assistance loan program, your repayment amount for a loan secured by your pledge of an eligible commodity is generally based on the lower of the loan rate or the prevailing world market price for the commodity on the date of repayment. Free 1040nr If you repay the loan when the world price is lower, the difference between that repayment amount and the original loan amount is market gain. Free 1040nr Whether you use cash or CCC certificates to repay the loan, you will receive a Form 1099-G showing the market gain you realized. Free 1040nr Market gain should be reported as follows. Free 1040nr If you elected to include the CCC loan in income in the year you received it, do not include the market gain in income. Free 1040nr However, adjust the basis of the commodity for the amount of the market gain. Free 1040nr If you did not include the CCC loan in income in the year received, include the market gain in your income. Free 1040nr The following examples show how to report market gain. Free 1040nr Example 1. Free 1040nr Mike Green is a cotton farmer. Free 1040nr He uses the cash method of accounting and files his tax return on a calendar year basis. Free 1040nr He has deducted all expenses incurred in producing the cotton and has a zero basis in the commodity. Free 1040nr In 2012, Mike pledged 1,000 pounds of cotton as collateral for a CCC loan of $2,000 (a loan rate of $2. Free 1040nr 00 per pound). Free 1040nr In 2013, he repaid the loan and redeemed the cotton for $1,500 when the world price was $1. Free 1040nr 50 per pound (lower than the loan amount). Free 1040nr Later in 2013, he sold the cotton for $2,500. Free 1040nr The market gain on the redemption was $. Free 1040nr 50 ($2. Free 1040nr 00 – $1. Free 1040nr 50) per pound. Free 1040nr Mike realized total market gain of $500 ($. Free 1040nr 50 x 1,000 pounds). Free 1040nr How he reports this market gain and figures his gain or loss from the sale of the cotton depends on whether he included CCC loans in income in 2012. Free 1040nr Included CCC loan. Free 1040nr   Mike reported the $2,000 CCC loan as income for 2012 on Schedule F, line 1b, so he is treated as if he sold the cotton for $2,000 when he pledged it and repurchased the cotton for $1,500 when he redeemed it. Free 1040nr The $500 market gain is not recognized on the redemption. Free 1040nr He reports it for 2013 as an agricultural program payment on Schedule F, line 4a, but does not include it as a taxable amount on line 4b. Free 1040nr   Mike's basis in the cotton after he redeemed it was $1,500, which is the redemption (repurchase) price paid for the cotton. Free 1040nr His gain from the sale is $1,000 ($2,500 – $1,500). Free 1040nr He reports the $1,000 gain as income for 2013 on Schedule F, line 1b. Free 1040nr Excluded CCC loan. Free 1040nr   Mike has income of $500 from market gain in 2013. Free 1040nr He reports it on Schedule F, lines 4a and 4b. Free 1040nr His basis in the cotton is zero, so his gain from its sale is $2,500. Free 1040nr He reports the $2,500 gain as income for 2013 on Schedule F, line 1b. Free 1040nr Example 2. Free 1040nr The facts are the same as in Example 1 except that, instead of selling the cotton for $2,500 after redeeming it, Mike entered into an option-to-purchase contract with a cotton buyer before redeeming the cotton. Free 1040nr Under that contract, Mike authorized the cotton buyer to pay the CCC loan on Mike's behalf. Free 1040nr In 2013, the cotton buyer repaid the loan for $1,500 and immediately exercised his option, buying the cotton for $1,500. Free 1040nr How Mike reports the $500 market gain on the redemption of the cotton and figures his gain or loss from its sale depends on whether he included CCC loans in income in 2012. Free 1040nr Included CCC loan. Free 1040nr   As in Example 1, Mike is treated as though he sold the cotton for $2,000 when he pledged it and repurchased the cotton for $1,500 when the cotton buyer redeemed it for him. Free 1040nr The $500 market gain is not recognized on the redemption. Free 1040nr Mike reports it for 2013 as an agricultural program payment on Schedule F, line 4a, but does not include it as a taxable amount on line 4b. Free 1040nr   Also, as in Example 1, Mike's basis in the cotton when the cotton buyer redeemed it for him was $1,500. Free 1040nr Mike has no gain or loss on its sale to the cotton buyer for that amount. Free 1040nr Excluded CCC loan. Free 1040nr   As in Example 1, Mike has income of $500 from market gain in 2013. Free 1040nr He reports it on Schedule F, lines 4a and 4b. Free 1040nr His basis in the cotton is zero, so his gain from its sale is $1,500. Free 1040nr He reports the $1,500 gain as income for 2013 on Schedule F, line 1b. Free 1040nr Conservation Reserve Program (CRP) Under the Conservation Reserve Program (CRP), if you own or operate highly erodible or other specified cropland, you may enter into a long-term contract with the USDA, agreeing to convert to a less intensive use of that cropland. Free 1040nr You must include the annual rental payments and any one-time incentive payment you receive under the program on Schedule F, lines 4a and 4b. Free 1040nr Cost-share payments you receive may qualify for the cost-sharing exclusion. Free 1040nr See Cost-Sharing Exclusion (Improvements) , later. Free 1040nr CRP payments are reported to you on Form 1099-G. Free 1040nr Individuals who are receiving Social Security retirement or disability benefits may exclude CRP payments when calculating self-employment tax. Free 1040nr See the instructions for Schedule SE (Form 1040). Free 1040nr Crop Insurance and Crop Disaster Payments You must include in income any crop insurance proceeds you receive as the result of physical crop damage or reduction of crop revenue, or both. Free 1040nr You generally include them in the year you receive them. Free 1040nr Treat as crop insurance proceeds the crop disaster payments you receive from the federal government as the result of destruction or damage to crops, or the inability to plant crops, because of drought, flood, or any other natural disaster. Free 1040nr You can request income tax withholding from crop disaster payments you receive from the federal government. Free 1040nr Use Form W-4V, Voluntary Withholding Request. Free 1040nr See chapter 16 for information about ordering the form. Free 1040nr Election to postpone reporting until the following year. Free 1040nr   You can postpone reporting some or all crop insurance proceeds as income until the year following the year the physical damage occurred if you meet all the following conditions. Free 1040nr You use the cash method of accounting. Free 1040nr You receive the crop insurance proceeds in the same tax year the crops are damaged. Free 1040nr You can show that under your normal business practice you would have included income from the damaged crops in any tax year following the year the damage occurred. Free 1040nr   Deferral is not permitted for proceeds received from revenue insurance policies. Free 1040nr   To postpone reporting some or all crop insurance proceeds received in 2013, report the amount you received on Schedule F, line 6a, but do not include it as a taxable amount on line 6b. Free 1040nr Check the box on line 8c and attach a statement to your tax return. Free 1040nr The statement must include your name and address and contain the following information. Free 1040nr A statement that you are making an election under IRC section 451(d) and Regulations section 1. Free 1040nr 451-6. Free 1040nr The specific crop or crops physically destroyed or damaged. Free 1040nr A statement that under your normal business practice you would have included income from some or all of the destroyed or damaged crops in gross income for a tax year following the year the crops were destroyed or damaged. Free 1040nr The cause of the physical destruction or damage and the date or dates it occurred. Free 1040nr The total payments you received from insurance carriers, itemized for each specific crop, and the date you received each payment. Free 1040nr The name of each insurance carrier from whom you received payments. Free 1040nr   One election covers all crops representing a single trade or business. Free 1040nr If you have more than one farming business, make a separate election for each one. Free 1040nr For example, if you operate two separate farms on which you grow different crops and you keep separate books for each farm, you should make two separate elections to postpone reporting insurance proceeds you receive for crops grown on each of your farms. Free 1040nr   An election is binding for the year unless the IRS approves your request to change it. Free 1040nr To request IRS approval to change your election, write to the IRS at the following address giving your name, address, identification number, the year you made the election, and your reasons for wanting to change it. Free 1040nr Ogden Submission Processing Center P. Free 1040nr O. Free 1040nr Box 9941 Ogden, UT 84409 Feed Assistance and Payments The Disaster Assistance Act of 1988 authorizes programs to provide feed assistance, reimbursement payments, and other benefits to qualifying livestock producers if the Secretary of Agriculture determines that, because of a natural disaster, a livestock emergency exists. Free 1040nr These programs include partial reimbursement for the cost of purchased feed and for certain transportation expenses. Free 1040nr They also include the donation or sale at a below-market price of feed owned by the Commodity Credit Corporation. Free 1040nr Include in income: The market value of donated feed, The difference between the market value and the price you paid for feed you buy at below-market prices, and Any cost reimbursement you receive. Free 1040nr You must include these benefits in income in the year you receive them. Free 1040nr You cannot postpone reporting them under the rules explained earlier for weather-related sales of livestock or crop insurance proceeds. Free 1040nr Report the benefits on Schedule F, Part I, as agricultural program payments. Free 1040nr You can usually take a current deduction for the same amount as a feed expense. Free 1040nr Cost-Sharing Exclusion (Improvements) You can exclude from your income part or all of a payment you receive under certain federal or state cost-sharing conservation, reclamation, and restoration programs. Free 1040nr A payment is any economic benefit you get as a result of an improvement. Free 1040nr However, this exclusion applies only to that part of a payment that meets all three of the following tests. Free 1040nr It was for a capital expense. Free 1040nr You cannot exclude any part of a payment for an expense you can deduct in the year you pay or incur it. Free 1040nr You must include the payment for a deductible expense in income, and you can take any offsetting deduction. Free 1040nr See chapter 5 for information on deducting soil and water conservation expenses. Free 1040nr It does not substantially increase your annual income from the property for which it is made. Free 1040nr An increase in annual income is substantial if it is more than the greater of the following amounts. Free 1040nr 10% of the average annual income derived from the affected property before receiving the improvement. Free 1040nr $2. Free 1040nr 50 times the number of affected acres. Free 1040nr The Secretary of Agriculture certified that the payment was primarily made for conserving soil and water resources, protecting or restoring the environment, improving forests, or providing a habitat for wildlife. Free 1040nr Qualifying programs. Free 1040nr   If the three tests listed above are met, you can exclude part or all of the payments from the following programs. Free 1040nr The rural clean water program authorized by the Federal Water Pollution Control Act. Free 1040nr The rural abandoned mine program authorized by the Surface Mining Control and Reclamation Act of 1977. Free 1040nr The water bank program authorized by the Water Bank Act. Free 1040nr The emergency conservation measures program authorized by title IV of the Agricultural Credit Act of 1978. Free 1040nr The agricultural conservation program authorized by the Soil Conservation and Domestic Allotment Act. Free 1040nr The great plains conservation program authorized by the Soil Conservation and Domestic Policy Act. Free 1040nr The resource conservation and development program authorized by the Bankhead-Jones Farm Tenant Act and by the Soil Conservation and Domestic Allotment Act. Free 1040nr Certain small watershed programs, listed later. Free 1040nr Any program of a state, possession of the United States, a political subdivision of any of these, or of the District of Columbia under which payments are made to individuals primarily for conserving soil, protecting or restoring the environment, improving forests, or providing a habitat for wildlife. Free 1040nr Several state programs have been approved. Free 1040nr For information about the status of those programs, contact the state offices of the Farm Service Agency (FSA) and the Natural Resources and Conservation Service (NRCS). Free 1040nr Small watershed programs. Free 1040nr   If the three tests listed earlier are met, you can exclude part or all of the payments you receive under the following programs for improvements made in connection with a watershed. Free 1040nr The programs under the Watershed Protection and Flood Prevention Act. Free 1040nr The flood prevention projects under the Flood Control Act of 1944. Free 1040nr The Emergency Watershed Protection Program under the Flood Control Act of 1950. Free 1040nr Certain programs under the Colorado River Basin Salinity Control Act. Free 1040nr The Wetlands Reserve Program authorized by the Food Security Act of 1985, the Federal Agriculture Improvement and Reform Act of 1996 and the Farm Security and Rural Investment Act of 2002. Free 1040nr The Environmental Quality Incentives Program (EQIP) authorized by the Federal Agriculture Improvement and Reform Act of 1996. Free 1040nr The Wildlife Habitat Incentives Program (WHIP) authorized by the Federal Agriculture Improvement and Reform Act of 1996. Free 1040nr The Soil and Water Conservation Assistance Program authorized by the Agricultural Risk Protection Act of 2000. Free 1040nr The Agricultural Management Assistance Program authorized by the Agricultural Risk Protection Act of 2000. Free 1040nr The Conservation Reserve Program authorized by the Food Security Act of 1985 and the Federal Agriculture Improvement and Reform Act of 1996. Free 1040nr The Forest Land Enhancement Program authorized under the Farm Security and Rural Investment Act of 2002. Free 1040nr The Conservation Security Program authorized by the Food Security Act of 1985. Free 1040nr The Forest Health Protection Program (FHPP) authorized by the Cooperative Forestry Assistance Act of 1978. Free 1040nr Income realized. Free 1040nr   The gross income you realize upon getting an improvement under these cost-sharing programs is the value of the improvement reduced by the sum of the excludable portion and your share of the cost of the improvement (if any). Free 1040nr Value of the improvement. Free 1040nr   You determine the value of the improvement by multiplying its fair market value (defined in chapter 6) by a fraction. Free 1040nr The numerator of the fraction is the total cost of the improvement (all amounts paid either by you or by the government for the improvement) reduced by the sum of the following items. Free 1040nr Any government payments under a program not listed earlier. Free 1040nr Any part of a government payment under a program listed earlier that the Secretary of Agriculture has not certified as primarily for conservation. Free 1040nr Any government payment to you for rent or for your services. Free 1040nr The denominator of the fraction is the total cost of the improvement. Free 1040nr Excludable portion. Free 1040nr   The excludable portion is the present fair market value of the right to receive annual income from the affected acreage of the greater of the following amounts. Free 1040nr 10% of the prior average annual income from the affected acreage. Free 1040nr The prior average annual income is the average of the gross receipts from the affected acreage for the last 3 tax years before the tax year in which you started to install the improvement. Free 1040nr $2. Free 1040nr 50 times the number of affected acres. Free 1040nr The calculation of present fair market value of the right to receive annual income is too complex to discuss in this publication. Free 1040nr You may need to consult your tax advisor for assistance. Free 1040nr Example. Free 1040nr One hundred acres of your land was reclaimed under a rural abandoned mine program contract with the Natural Resources Conservation Service of the USDA. Free 1040nr The total cost of the improvement was $500,000. Free 1040nr The USDA paid $490,000. Free 1040nr You paid $10,000. Free 1040nr The value of the cost-sharing improvement is $15,000. Free 1040nr The present fair market value of the right to receive the annual income described in (1) above is $1,380, and the present fair market value of the right to receive the annual income described in (2) is $1,550. Free 1040nr The excludable portion is the greater amount, $1,550. Free 1040nr You figure the amount to include in gross income as follows: Value of cost-sharing improvement $15,000 Minus: Your share $10,000     Excludable portion 1,550 11,550 Amount included in income $ 3,450 Effects of the exclusion. Free 1040nr   When you figure the basis of property you acquire or improve using cost-sharing payments excluded from income, subtract the excluded payments from your capital costs. Free 1040nr Any payment excluded from income is not part of your basis. Free 1040nr In the example above, the increase in basis is $500,000 – $490,000 + $3,450 = $13,450. Free 1040nr   In addition, you cannot take depreciation, amortization, or depletion deductions for the part of the cost of the property for which you receive cost-sharing payments you exclude from income. Free 1040nr How to report the exclusion. Free 1040nr   Attach a statement to your tax return (or amended return) for the tax year you receive the last government payment for the improvement. Free 1040nr The statement must include the following information. Free 1040nr The dollar amount of the cost funded by the government payment. Free 1040nr The value of the improvement. Free 1040nr The amount you are excluding. Free 1040nr   Report the total cost-sharing payments you receive on Schedule F, line 4a, and the taxable amount on line 4b. Free 1040nr Recapture. Free 1040nr   If you dispose of the property within 20 years after you received the excluded payments, you must treat as ordinary income part or all of the cost-sharing payments you excluded. Free 1040nr In the above example, if the 100 acres were sold within 20 years of the exclusion for a gain of $2,000, $1,550 of that amount would be included in ordinary income. Free 1040nr You must report the recapture on Form 4797. Free 1040nr See Section 1255 property under Other Gains in chapter 9. Free 1040nr Electing not to exclude payments. Free 1040nr   You can elect not to exclude all or part of any payments you receive under these programs. Free 1040nr If you make this election for all of these payments, none of the above restrictions and rules apply. Free 1040nr You must make this election by the due date, including extensions, for filing your return. Free 1040nr In the example above, an election not to exclude payments results in $5,000 included in income and a $15,000 increase in basis. Free 1040nr If you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). Free 1040nr Write “Filed pursuant to section 301. Free 1040nr 9100-2” at the top of the amended return and file it at the same address you filed the original return. Free 1040nr Payments Under the Farm Security and Rural Investment Act of 2002 and Under the Food, Conservation, and Energy Act of 2008 The Farm Security and Rural Investment Act of 2002 created two new types of payments—direct and counter-cyclical payments. Free 1040nr You must include these payments on Schedule F, lines 4a and 4b. Free 1040nr The Food, Conservation, and Energy Act of 2008 provides for direct and counter-cyclical payments (DCP) as well as Average Crop Revenue Election (ACRE) payments. Free 1040nr You must include these payments on Schedule F, lines 6a and 6b. Free 1040nr The American Taxpayer Relief Act of 2012, enacted on January 2, 2013, amends the Food, Conservation, and Energy Act of 2008 and provided a one-year extension for these payments. Free 1040nr Tobacco Quota Buyout Program Payments The Fair and Equitable Tobacco Reform Act of 2004, title VI of the American Jobs Creation Act of 2004, terminated the tobacco marketing quota program and the tobacco price support program. Free 1040nr As a result, the USDA offered to enter into contracts with eligible tobacco quota holders and growers to provide compensation for the lost value of the quotas and related price support. Free 1040nr If you are an eligible tobacco quota holder, your contract entitles you to receive total payments of $7 per pound of quota in 10 equal annual payments in fiscal years 2005 through 2014. Free 1040nr If you are an eligible tobacco grower, your contract entitles you to receive total payments of up to $3 per pound of quota in 10 equal annual payments in fiscal years 2005 through 2014. Free 1040nr Tobacco Quota Holders Contract payments you receive are considered proceeds from a sale of your tobacco quota as of the date on which you and the USDA enter into the contract. Free 1040nr Your taxable gain or loss is the total amount received for your quota reduced by any amount treated as interest (discussed below), over your adjusted basis. Free 1040nr The gain or loss is capital or ordinary depending on how you used the quota. Free 1040nr See Capital or ordinary gain or loss , later. Free 1040nr Report the entire gain on your income tax return for the tax year that includes the date you entered into the contract if you elect not to use the installment method. Free 1040nr Adjusted basis. Free 1040nr   The adjusted basis of your quota is determined differently depending on how you obtained the quota. Free 1040nr The basis of a quota derived from an original grant by the federal government is zero. Free 1040nr The basis of a purchased quota is the purchase price. Free 1040nr The basis of a quota received as a gift is generally the same as the donor's basis. Free 1040nr However, under certain circumstances, the basis is increased by the amount of gift taxes paid. Free 1040nr If the basis is greater than the fair market value of the quota at the time of the gift, the basis for determining loss is the fair market value. Free 1040nr The basis of an inherited quota is generally the fair market value of the quota at the time of the decedent's death. Free 1040nr Reduction of basis. Free 1040nr   You are required to reduce the basis of your tobacco quota by the following amounts. Free 1040nr Deductions you took for amortization, depletion, or depreciation. Free 1040nr Amounts you previously deducted as a loss because of a reduction in the number of pounds of tobacco allowable under the quota. Free 1040nr The entire cost of a purchased quota you deducted in an earlier year (which reduces your basis to zero). Free 1040nr Amount treated as interest. Free 1040nr   You must reduce your tobacco quota buyout program payment by the amount treated as interest. Free 1040nr The interest is reportable as ordinary income. Free 1040nr If payments total $3,000 or less, your total quota buyout program payment does not include any amount treated as interest and you are not required to reduce the total payment you receive. Free 1040nr   In all other cases, a portion of each payment may be treated as interest for federal tax purposes. Free 1040nr You may be required to reduce your total quota buyout program payment before you calculate your gain or loss. Free 1040nr For more information, see Notice 2005-57, 2005-32 I. Free 1040nr R. Free 1040nr B. Free 1040nr 267, available at www. Free 1040nr irs. Free 1040nr gov/irb/2005-32_IRB/ar13. Free 1040nr html. Free 1040nr Installment method. Free 1040nr   You may use the installment method to report a gain if you receive at least one payment after the close of your tax year. Free 1040nr Under the installment method, a portion of the gain is taken into account in each year in which a payment is received. Free 1040nr See chapter 10 for more information. Free 1040nr Capital or ordinary gain or loss. Free 1040nr   Whether your gain or loss is ordinary or capital depends on how you used the quota. Free 1040nr Quota used in the trade or business of farming. Free 1040nr   If you used the quota in the trade or business of farming and you held it for more than one year, you report the transaction as a section 1231 transaction on Form 4797. Free 1040nr See Section 1231 transactions in the Instructions for Form 4797 for detailed information on reporting section 1231 transactions. Free 1040nr Quota held for investment. Free 1040nr   If you held the quota for investment purposes, any gain or loss is capital gain or loss. Free 1040nr The same result also applies if you held the quota for the production of income, though not connected with a trade or business. Free 1040nr Gain treated as ordinary income. Free 1040nr   If you previously deducted any of the following items, some or all of the capital gain must be recharacterized and reported as ordinary income. Free 1040nr Any resulting capital gain is taxed as ordinary income up to the amount previously deducted. Free 1040nr The cost of acquiring a quota. Free 1040nr Amounts for amortization, depletion, or depreciation. Free 1040nr Amounts to reflect a reduction in the quota pounds. Free 1040nr   You should include the ordinary income on your return for the tax year even if you use the installment method to report the remainder of the gain. Free 1040nr Self-employment income. Free 1040nr   The tobacco quota buyout payments are not self-employment income. Free 1040nr Income averaging for farmers. Free 1040nr   The gain or loss resulting from the quota payments does not qualify for income averaging. Free 1040nr A tobacco quota is considered an interest in land. Free 1040nr Income averaging is not available for gain or loss arising from the sale or other disposition of land. Free 1040nr Involuntary conversion. Free 1040nr   The buyout of the tobacco quota is not an involuntary conversion. Free 1040nr Form 1099-S. Free 1040nr   A tobacco quota is considered an interest in land, so the USDA will generally report the total amount you receive under a contract on Form 1099-S, Proceeds From Real Estate Transactions, if the amount is $600 or more. Free 1040nr The USDA will generally report any portion of a payment treated as interest of $600 or more to you on Form 1099-INT, Interest Income, for the year in which the payment is made. Free 1040nr Like-kind exchange of quota. Free 1040nr   You may postpone reporting the gain or loss from tobacco quota buyout payments by entering into a like-kind exchange if you comply with the requirements of section 1031 and the regulations thereunder. Free 1040nr See Notice 2005-57 for more information. Free 1040nr Tobacco Growers Contract payments you receive are determined by reference to the amount of quota under which you produced (or planted) quota tobacco during the 2002, 2003, and 2004 tobacco marketing years and are prorated based on the number of years that you produced (or planted) quota tobacco during those years. Free 1040nr Taxation of payments to tobacco growers. Free 1040nr   Payments to growers replace ordinary income that would have been earned had the tobacco marketing quota and price support programs continued. Free 1040nr Individuals will generally report the payments as an Agricultural program payment on Schedule F. Free 1040nr If you are a landowner who does not materially participate in the operation or management of the farm and are receiving the grower payment because your farm rental income is based on the tobacco grown by a tenant, the grower payment should be reported on Form 4835. Free 1040nr Self-employment income. Free 1040nr   Payments to growers generally represent self-employment income. Free 1040nr If the grower is an individual carrying on a trade or business and deriving income (other than farm rental income properly reported on Form 4835) from that trade or business, the payments are net earnings from self-employment. Free 1040nr Income averaging for farmers. Free 1040nr   Payments to growers who are individuals qualify for farm income averaging. Free 1040nr Form 1099-G. Free 1040nr   If the amount received in a taxable year is $600 or more, the amount will generally be reported by the USDA on a Form 1099-G. Free 1040nr Other Payments You must include most other government program payments in income. Free 1040nr Fertilizer and Lime Include in income the value of fertilizer or lime you receive under a government program. Free 1040nr How to claim the offsetting deduction is explained under Fertilizer and Lime in chapter 4. Free 1040nr Improvements If government payments are based on improvements, such as a pollution control facility, you must include them in income. Free 1040nr You must also capitalize the full cost of the improvement. Free 1040nr Since you have included the payments in income, they do not reduce your basis. Free 1040nr However, see Cost-Sharing Exclusion (Improvements) , earlier, for additional information. Free 1040nr National Tobacco Growers' Settlement Trust Fund Payments If you are a producer, landowner, or tobacco quota owner who receives money from the National Tobacco Growers' Settlement Trust Fund, you must report those payments as income. Free 1040nr You should receive a Form 1099-MISC, Miscellaneous Income, that shows the payment amount. Free 1040nr If you produce a tobacco crop, report the payments as income from farming on your Schedule F. Free 1040nr If you are a landowner or tobacco quota owner who leases tobacco-related property but you do not produce the crop, report the payments as farm rental income on Form 4835. Free 1040nr Payment to More Than One Person The USDA reports program payments to the IRS. Free 1040nr It reports a program payment intended for more than one person as having been paid to the person whose identification number is on record for that payment (payee of record). Free 1040nr If you, as the payee of record, receive a program payment belonging to someone else, such as your landlord, the amount belonging to the other person is a nominee distribution. Free 1040nr You should file Form 1099-G to report the identity of the actual recipient to the IRS. Free 1040nr You should also give this information to the recipient. Free 1040nr You can avoid the inconvenience of unnecessary inquiries about the identity of the recipient if you file this form. Free 1040nr Report the total amount reported to you as the payee of record on Schedule F, line 4a or 6a. Free 1040nr However, do not report as a taxable amount on line 4b or 6b any amount belonging to someone else. Free 1040nr See chapter 16 for information about ordering Form 1099-G. Free 1040nr Income From Cooperatives If you buy farm supplies through a cooperative, you may receive income from the cooperative in the form of patronage dividends (refunds). Free 1040nr If you sell your farm products through a cooperative, you may receive either patronage dividends or a per-unit retain certificate, explained later, from the cooperative. Free 1040nr Form 1099-PATR. Free 1040nr   The cooperative will report the income to you on Form 1099-PATR or a similar form and send a copy to the IRS. Free 1040nr Form 1099-PATR may also show an alternative minimum tax adjustment that you must include on Form 6251, Alternative Minimum Tax—Individuals, if you are required to file the form. Free 1040nr For information on the alternative minimum tax, see the Instructions for Form 6251. Free 1040nr Patronage Dividends You generally report patronage dividends as income on Schedule F, lines 3a and 3b, for the tax year you receive them. Free 1040nr They include the following items. Free 1040nr Money paid as a patronage dividend, including cash advances received (for example, from a marketing cooperative). Free 1040nr The stated dollar value of qualified written notices of allocation. Free 1040nr The fair market value of other property. Free 1040nr Do not report as income on line 3b any patronage dividends you receive from expenditures that were not deductible, such as buying personal or family items, capital assets, or depreciable property. Free 1040nr You must reduce the cost or other basis of these items by the amount of such patronage dividends received. Free 1040nr Personal items include fuel purchased for personal use, basic local telephone service, and personal long distance calls. Free 1040nr If you cannot determine what the dividend is for, report it as income on lines 3a and 3b. Free 1040nr Qualified written notice of allocation. Free 1040nr   If you receive a qualified written notice of allocation as part of a patronage dividend, you must generally include its stated dollar value in your income on Schedule F, lines 3a and 3b, in the year you receive it. Free 1040nr A written notice of allocation is qualified if at least 20% of the patronage dividend is paid in money or by qualified check and either of the following conditions is met. Free 1040nr The notice must be redeemable in cash for at least 90 days after it is issued, and you must have received a written notice of your right of redemption at the same time as the written notice of allocation. Free 1040nr You must have agreed to include the stated dollar value in income in the year you receive the notice by doing one of the following. Free 1040nr Signing and giving a written agreement to the cooperative. Free 1040nr Getting or keeping membership in the cooperative after it adopted a bylaw providing that membership constitutes agreement. Free 1040nr The cooperative must notify you in writing of this bylaw and give you a copy. Free 1040nr Endorsing and cashing a qualified check paid as part of the same patronage dividend. Free 1040nr You must cash the check by the 90th day after the close of the payment period for the cooperative's tax year for which the patronage dividend was paid. Free 1040nr Qualified check. Free 1040nr   A qualified check is any instrument that is redeemable in money and meets both of the following requirements. Free 1040nr It is part of a patronage dividend that also includes a qualified written notice of allocation for which you met condition 2(c), above. Free 1040nr It is imprinted with a statement that endorsing and cashing it constitutes the payee's consent to include in income the stated dollar value of any written notices of allocation paid as part of the same patronage dividend. Free 1040nr Loss on redemption. Free 1040nr   You can deduct on Schedule F, Part II, any loss incurred on the redemption of a qualified written notice of allocation you received in the ordinary course of your farming business. Free 1040nr The loss is the difference between the stated dollar amount of the qualified written notice you included in income and the amount you received when you redeemed it. Free 1040nr Nonqualified notice of allocation. Free 1040nr   Do not include the stated dollar value of any nonqualified notice of allocation in income when you receive it. Free 1040nr Your basis in the notice is zero. Free 1040nr You must include in income for the tax year of disposition any amount you receive from its sale, redemption, or other disposition. Free 1040nr Report that amount, up to the stated dollar value of the notice, on Schedule F, lines 3a and 3b. Free 1040nr However, do not include that amount in your income if the notice resulted from buying or selling capital assets or depreciable property or from buying personal items, as explained in the following discussions. Free 1040nr   If the amount you receive is more than the stated dollar value of the notice, report the excess as the type of income it represents. Free 1040nr For example, if it represents interest income, report it on your return as interest. Free 1040nr Buying or selling capital assets or depreciable property. Free 1040nr   Do not include in income patronage dividends from buying capital assets or depreciable property used in your business. Free 1040nr You must, however, reduce the basis of these assets by the dividends. Free 1040nr This reduction is taken into account as of the first day of the tax year in which the dividends are received. Free 1040nr If the dividends are more than your unrecovered basis, reduce the unrecovered basis to zero and include the difference on Schedule F, line 3a, for the tax year you receive them. Free 1040nr   This rule and the exceptions explained below also apply to amounts you receive from the sale, redemption, or other disposition of a nonqualified notice of allocation that resulted from buying or selling capital assets or depreciable property. Free 1040nr Example. Free 1040nr On July 1, 2012, Mr. Free 1040nr Brown, a patron of a cooperative association, bought a machine for his dairy farm business from the association for $2,900. Free 1040nr The machine has a life of 7 years under MACRS (as provided in the Table of Class Lives and Recovery Periods in Appendix B of Publication 946, Depreciation and Amortization). Free 1040nr Mr. Free 1040nr Brown files his return on a calendar year basis. Free 1040nr For 2012, he claimed a depreciation deduction of $311, using the 10. Free 1040nr 71% depreciation rate from the 150% declining balance, half-year convention table (shown in Table A-14 in Appendix A of Publication 946). Free 1040nr On July 2, 2013, the cooperative association paid Mr. Free 1040nr Brown a $300 cash patronage dividend for buying the machine. Free 1040nr Mr. Free 1040nr Brown adjusts the basis of the machine and figures his depreciation deduction for 2013 (and later years) as follows. Free 1040nr Cost of machine on July 1, 2012 $2,900 Minus: 2012 depreciation $311     2013 cash dividend 300 611 Adjusted basis for  depreciation for 2013: $2,289 Depreciation rate: 1 ÷ 6½ (remaining recovery period as of 1/1/2012) = 15. Free 1040nr 38% × 1. Free 1040nr 5 = 23. Free 1040nr 07% Depreciation deduction for 2013 ($2,289 × 23. Free 1040nr 07%) $528 Exceptions. Free 1040nr   If the dividends are for buying or selling capital assets or depreciable property you did not own at any time during the year you received the dividends, you must include them on Schedule F, lines 3a and 3b, unless one of the following rules applies. Free 1040nr If the dividends relate to a capital asset you held for more than 1 year for which a loss was or would have been deductible, treat them as gain from the sale or exchange of a capital asset held for more than 1 year. Free 1040nr If the dividends relate to a capital asset for which a loss was not or would not have been deductible, do not report them as income (ordinary or capital gain). Free 1040nr   If the dividends are for selling capital assets or depreciable property during the year you received the dividends, treat them as an additional amount received on the sale. Free 1040nr Personal purchases. Free 1040nr   Because you cannot deduct the cost of personal, living, or family items, such as supplies, equipment, or services not related to the production of farm income, you can omit from the taxable amount of patronage dividends on Schedule F, line 3b, any dividends from buying those items (and you must reduce the cost or other basis of those items by the amount of the dividends). Free 1040nr This rule also applies to amounts you receive from the sale, redemption, or other disposition of a nonqualified written notice of allocation resulting from these purchases. Free 1040nr Per-Unit Retain Certificates A per-unit retain certificate is any written notice that shows the stated dollar amount of a per-unit retain allocation made to you by the cooperative. Free 1040nr A per-unit retain allocation is an amount paid to patrons for products sold for them that is fixed without regard to the net earnings of the cooperative. Free 1040nr These allocations can be paid in money, other property, or qualified certificates. Free 1040nr Per-unit retain certificates issued by a cooperative generally receive the same tax treatment as patronage dividends, discussed earlier. Free 1040nr Qualified certificates. Free 1040nr   Qualified per-unit retain certificates are those issued to patrons who have agreed to include the stated dollar amount of these certificates in income in the year of receipt. Free 1040nr The agreement may be made in writing or by getting or keeping membership in a cooperative whose bylaws or charter states that membership constitutes agreement. Free 1040nr If you receive qualified per-unit retain certificates, include the stated dollar amount of the certificates in income on Schedule F, lines 3a and 3b, for the tax year you receive them. Free 1040nr Nonqualified certificates. Free 1040nr   Do not include the stated dollar value of a nonqualified per-unit retain certificate in income when you receive it. Free 1040nr Your basis in the certificate is zero. Free 1040nr You must include in income any amount you receive from its sale, redemption, or other disposition. Free 1040nr Report the amount you receive from the disposition as ordinary income on Schedule F, lines 3a and 3b, for the tax year of disposition. Free 1040nr Cancellation of Debt This section explains the general rule for including canceled debt in income and the exceptions to the general rule. Free 1040nr For more information on canceled debt, see Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments. Free 1040nr General Rule Generally, if your debt is canceled or forgiven, other than as a gift or bequest to you, you must include the canceled amount in gross income for tax purposes. Free 1040nr Discharge of qualified farm indebtedness (defined below) is one of the exceptions to the general rule. Free 1040nr It is excluded from taxable income (see Exclusions , later). Free 1040nr Report the canceled amount on Schedule F, line 8, if you incurred the debt in your farming business. Free 1040nr If the debt is a nonbusiness debt, report the canceled amount as other income on Form 1040, line 21. Free 1040nr Election to defer income from discharge of indebtedness. Free 1040nr   You can elect to defer income from a discharge of business indebtedness that occurred after 2008 and before 2011. Free 1040nr Generally, if the election is made, the deferred income is included in gross income ratably over a 5-year period beginning in 2014 (for calendar year taxpayers) and the exclusions listed below do not apply. Free 1040nr See IRC section 108(i) and Publication 4681 for details. Free 1040nr Form 1099-C. Free 1040nr   If a federal agency, financial institution, credit union, finance company, or credit card company cancels or forgives your debt of $600 or more, you will receive a Form 1099-C, Cancellation of Debt. Free 1040nr The amount of debt canceled is shown in box 2. Free 1040nr Exceptions The following discussion covers some exceptions to the general rule for canceled debt. Free 1040nr These exceptions apply before the exclusions discussed below. Free 1040nr Price reduced after purchase. Free 1040nr   If your purchase of property was financed by the seller and the seller reduces the amount of the debt at a time when you are not insolvent and the reduction does not occur in a chapter 11 bankruptcy case, the amount of the debt reduction will be treated as a reduction in the purchase price of the property. Free 1040nr Reduce your basis in the property by the amount of the reduction in the debt. Free 1040nr The rules that apply to bankruptcy and insolvency are explained below under Exclusions . Free 1040nr Deductible debt. Free 1040nr   You do not realize income from a canceled debt to the extent the payment of the debt would have been a deductible expense. Free 1040nr This exception applies before the price reduction exception discussed above and the bankruptcy and insolvency exclusions discussed next. Free 1040nr Example. Free 1040nr You get accounting services for your farm on credit. Free 1040nr Later, you have trouble paying your farm debts, but you are not bankrupt or insolvent. Free 1040nr Your accountant forgives part of the amount you owe for the accounting services. Free 1040nr How you treat the canceled debt depends on your method of accounting. Free 1040nr Cash method — You do not include the canceled debt in income because payment of the debt would have been deductible as a business expense. Free 1040nr Accrual method — You include the canceled debt in income because the expense was deductible when you incurred the debt. Free 1040nr Exclusions Do not include canceled debt in income in the following situations. Free 1040nr The cancellation takes place in a bankruptcy case under title 11 of the U. Free 1040nr S. Free 1040nr Code. Free 1040nr The cancellation takes place when you are insolvent. Free 1040nr The canceled debt is a qualified farm debt. Free 1040nr The canceled debt is a qualified real property business debt (in the case of a taxpayer other than a C corporation). Free 1040nr See Publication 334, Tax Guide for Small Business, chapter 5. Free 1040nr The canceled debt is qualified principal residence indebtedness which is discharged after 2006 and before 2014. Free 1040nr The exclusions do not apply in the following situations: If a canceled debt is excluded from income because it takes place in a bankruptcy case, the exclusions in situations (2), (3), (4), and (5) do not apply. Free 1040nr If a canceled debt is excluded from income because it takes place when you are insolvent, the exclusions in situations (3) and (4) do not apply to the extent you are insolvent. Free 1040nr If a canceled debt is excluded from income because it is qualified principal residence indebtedness, the exclusion in situation (2) does not apply unless you elect to apply situation (2) instead of the exclusion for qualified principal residence indebtedness. Free 1040nr See Form 982 , later, for information on how to claim an exclusion for a canceled debt. Free 1040nr Debt. Free 1040nr   For this discussion, debt includes any debt for which you are liable or that attaches to property you hold. Free 1040nr Bankruptcy and Insolvency You can exclude a canceled debt from income if you are bankrupt or to the extent you are insolvent. Free 1040nr Bankruptcy. Free 1040nr   A bankruptcy case is a case under title 11 of the U. Free 1040nr S. Free 1040nr Code if you are under the jurisdiction of the court and the cancellation of the debt is granted by the court or is the result of a plan approved by the court. Free 1040nr   Do not include debt canceled in a bankruptcy case in your income in the year it is canceled. Free 1040nr Instead, you must use the amount canceled to reduce your tax attributes, explained below under Reduction of tax attributes . Free 1040nr Insolvency. Free 1040nr   You are insolvent to the extent your liabilities are more than the fair market value of your assets immediately before the cancellation of debt. Free 1040nr   You can exclude canceled debt from gross income up to the amount by which you are insolvent. Free 1040nr If the canceled debt is more than this amount and the debt qualifies, you can apply the rules for qualified farm debt or qualified real property business debt to the difference. Free 1040nr Otherwise, you include the difference in gross income. Free 1040nr Use the amount excluded because of insolvency to reduce any tax attributes, as explained below under Reduction of tax attributes . Free 1040nr You must reduce the tax attributes under the insolvency rules before applying the rules for qualified farm debt or for qualified real property business debt. Free 1040nr Example. Free 1040nr You had a $15,000 debt that was not qualified principal residence debt canceled outside of bankruptcy. Free 1040nr Immediately before the cancellation, your liabilities totaled $80,000 and your assets totaled $75,000. Free 1040nr Since your liabilities were more than your assets, you were insolvent to the extent of $5,000 ($80,000 − $75,000). Free 1040nr You can exclude this amount from income. Free 1040nr The remaining canceled debt ($10,000) may be subject to the qualified farm debt or qualified real property business debt rules. Free 1040nr If not, you must include it in income. Free 1040nr Reduction of tax attributes. Free 1040nr   If you exclude canceled debt from income in a bankruptcy case or during insolvency, you must use the excluded debt to reduce certain tax attributes. Free 1040nr Order of reduction. Free 1040nr   You must use the excluded canceled debt to reduce the following tax attributes in the order listed unless you elect to reduce the basis of depreciable property first, as explained later. Free 1040nr Net operating loss (NOL). Free 1040nr Reduce any NOL for the tax year of the debt cancellation, and then any NOL carryover to that year. Free 1040nr Reduce the NOL or NOL carryover one dollar for each dollar of excluded canceled debt. Free 1040nr General business credit carryover. Free 1040nr Reduce the credit carryover to or from the tax year of the debt cancellation. Free 1040nr Reduce the carryover 331/3 cents for each dollar of excluded canceled debt. Free 1040nr Minimum tax credit. Free 1040nr Reduce the minimum tax credit available at the beginning of the tax year following the tax year of the debt cancellation. Free 1040nr Reduce the credit 331/3 cents for each dollar of excluded canceled debt. Free 1040nr Capital loss. Free 1040nr Reduce any net capital loss for the tax year of the debt cancellation, and then any capital loss carryover to that year. Free 1040nr Reduce the capital loss or loss carryover one dollar for each dollar of excluded canceled debt. Free 1040nr Basis. Free 1040nr Reduce the basis of the property you hold at the beginning of the tax year following the tax year of the debt cancellation in the following order. Free 1040nr Real property (except inventory) used in your trade or business or held for investment that secured the canceled debt. Free 1040nr Personal property (except inventory and accounts and notes receivable) used in your trade or business or held for investment that secured the canceled debt. Free 1040nr Other property (except inventory and accounts and notes receivable) used in your trade or business or held for investment. Free 1040nr Inventory and accounts and notes receivable. Free 1040nr Other property. Free 1040nr Reduce the basis one dollar for each dollar of excluded canceled debt. Free 1040nr However, the reduction cannot be more than the total basis of property and the amount of money you hold immediately after the debt cancellation minus your total liabilities immediately after the cancellation. Free 1040nr For allocation rules that apply to basis reductions for multiple canceled debts, see Regulations section 1. Free 1040nr 1017-1(b)(2). Free 1040nr Also see Electing to reduce the basis of depreciable property
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Free 1040nr Publication 557 - Introductory Material Table of Contents What's New Reminders Introduction What's New Proposed regulations on “good faith determinations”. Free 1040nr  Proposed regulations modify standards for making a good faith determination that a foreign organization is a charitable organization, grants to which may be qualifying distributions and not taxable expenditures. Free 1040nr The proposed regulations identify a broader class of tax practitioners upon whose written advice a private foundation may base a “good faith determination. Free 1040nr ” See, Proposed Regulations: Reliance Standards for Making Good Faith Determinations, REG-134974-12, 2012-47 I. Free 1040nr R. Free 1040nr B. Free 1040nr 553. Free 1040nr Prop. Free 1040nr Regs. Free 1040nr on Good Faith Determinations. Free 1040nr New Requirements for section 501(c)(3) Hospitals Under the Affordable Care Act. Free 1040nr  The Affordable Care Act (ACA), enacted March 23, 2010, added new requirements that hospital organizations must satisfy in order to be described in section 501(c)(3), as well as new reporting requirements and excise taxes. Free 1040nr On June 22, 2012, the Service issued a notice of proposed rulemaking that addresses the new requirements enacted by the ACA applicable to section 501(c)(3) hospital organizations. Free 1040nr See, Proposed Regulations: Additional Requirements for Charitable Hospitals, REG-13026-11, 77 Fed. Free 1040nr Reg. Free 1040nr 38148. Free 1040nr On April 3, 2013, the Service issued proposed regulations on the ACA's community health needs assessment (CHNA) requirements. Free 1040nr The proposed regulations also discuss the related reporting and excise tax requirements for charitable hospitals and the consequences for failure to satisfy the section 501(r) requirements. Free 1040nr See, Proposed Regulations: Community Health Needs Assessments for Charitable Hospitals, REG-106499-12, 78 Fed. Free 1040nr Reg. Free 1040nr 20,523. Free 1040nr Timing of when an Organization is exempt for Federal Tax Purposes. Free 1040nr  As noted in section 2. Free 1040nr 03(4) of Revenue Procedure 2013-9, 2013-2 I. Free 1040nr R. Free 1040nr B. Free 1040nr 267, the provisions in section 11. Free 1040nr 01 regarding the effect of determination letters or rulings recognizing exempt status of organizations described in section 501(c), other than sections 501(c)(3), (9), (17), and (29), have been revised. Free 1040nr Prior to this year, and back to 1962, when such organizations applied for recognition, the IRS would usually recognize the organizations as tax exempt from the date of formation, no matter how long the interval between the date of formation and the date of application. Free 1040nr In addition to the practical difficulties of ascertaining an organization's purposes and activities for this period, such recognition is now potentially inconsistent with the provisions of section 6033(j), which automatically revokes the exempt status of an organization that fails to file required Form 990 series returns or notices for three consecutive years. Free 1040nr The new procedure adopts a practice similar to the rule for section 501(c)(3) organizations for these organizations, generally permitting recognition from the date of formation if the organization has: always met the requirements for exemption, has applied within 27 months from the end of the month in which it was organized, and has not failed to file required Form 990 series returns or notices for three consecutive years. Free 1040nr Section 11. Free 1040nr 01(3) notes: an organization that otherwise meets the requirements for tax-exempt status and the issuance of a determination letter or ruling that does not meet the requirements for recognition from date of formation will generally be recognized from the postmark date of its application. Free 1040nr Exempt Organizations Select Check. Free 1040nr  The IRS has developed an on-line search tool, Exempt Organizations Select Check, that allows users to select an exempt organization and check certain information about its federal tax status and filings. Free 1040nr It consolidates three former search sites into one, providing expanded search capability and a more efficient way to search for organizations that: Are eligible to receive tax-deductible charitable contributions (Publication 78 data). Free 1040nr Users may rely on this list in determining deductibility of contributions, just as they did when Publication 78 was a separate electronic publication rather than part of Select Check. Free 1040nr Have had their tax-exempt status automatically revoked under the law because they have not filed Form 990 series returns or notices annually as required for three consecutive years (Auto-Revocation List). Free 1040nr Have filed a Form 990-N (e-Postcard) annual electronic notice. Free 1040nr  In addition to searching for a particular organization, users may download a complete list of each of the three types of organizations through Exempt Organizations Select Check. Free 1040nr See also Revenue Procedure 2011-33, 2011-25 I. Free 1040nr R. Free 1040nr B. Free 1040nr 887. Free 1040nr Future developments. Free 1040nr . Free 1040nr  The IRS has created a page on IRS. Free 1040nr gov for information about Publication 557, at www. Free 1040nr irs. Free 1040nr gov/pub557. Free 1040nr Information about any future developments affecting Publication 557 (such as legislation enacted after we release it) will be posted on that page. Free 1040nr Reminders The Patient Protection and Affordable Care Act (ACA). Free 1040nr   The ACA added several new laws. Free 1040nr This includes a new excise tax on indoor tanning services, a small business health care tax credit, additional requirements for tax-exempt hospitals, and the section 501(c)(29) CO-OP program. Free 1040nr For more information, go to IRS. Free 1040nr gov and select Affordable Care Act Tax Provisions. Free 1040nr Electronic filing requirement for large organizations. Free 1040nr  For tax years ending on or after December 31, 2006, only organizations that file 250 returns during the calendar year and that have total assets of $10 million or more are required to file Form 990 electronically. Free 1040nr For more information, go to e-file for Charities and Non-Profits. Free 1040nr Section 501(c)(15) gross receipts. Free 1040nr   The definition of gross receipts for purposes of determining whether small insurance companies qualify as tax-exempt under section 501(c)(15) has changed. Free 1040nr See Notice 2006-42, 2006-19 I. Free 1040nr R. Free 1040nr B. Free 1040nr 878, Notice 2006-42. Free 1040nr Prohibited tax shelter transactions. Free 1040nr  New excise taxes are imposed under section 4965 on certain tax-exempt organizations entering into prohibited tax shelter transactions. Free 1040nr See T. Free 1040nr D. Free 1040nr 9492, Excise Taxes on Prohibited Tax Shelter Transactions and Related Disclosure Requirements, 2010-33 I. Free 1040nr R. Free 1040nr B. Free 1040nr 242. Free 1040nr See IRS Issues Final Regulations Regarding Excise Taxes on Prohibited Tax Shelter Transactions and Related Disclosure Requirement. Free 1040nr Pension Protection Act of 2006 tax changes. Free 1040nr  The Pension Protection Act of 2006 made numerous changes to the tax law provisions affecting tax-exempt organizations. Free 1040nr Unless otherwise noted, most of the changes became effective on August 17, 2006. Free 1040nr For key provisions, go to The Pension Protection Act of 2006. Free 1040nr Section 501(c)(3) organizations must make their Form 990-T, Exempt Organization Business Tax Return (and proxy tax under section 6033(e)), open for public inspection for a period of 3 years from the date the Form 990-T is required to be filed (determined with regard to any extension of time for filing) or is actually filed, whichever is later. Free 1040nr There is an increase in excise taxes relating to public charities, social welfare organizations, and private foundations. Free 1040nr There are additional standards for credit counseling organizations. Free 1040nr The definition of convention or association of churches has been modified. Free 1040nr Entities that are not required to file Form 990 or 990-EZ must file new Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or 990-EZ. Free 1040nr The requirements of disclosure to state officials relating to exempt organizations has been modified. Free 1040nr There are excise taxes imposed on excess benefit transactions involving donor advised funds and sponsoring organizations. Free 1040nr There are new excise taxes on prohibited tax shelter transactions. Free 1040nr There is a modification of recordkeeping requirements for certain charitable contributions. Free 1040nr Introduction This publication discusses the rules and procedures for organizations that seek recognition of exemption from federal income tax under section 501(a) of the Internal Revenue Code (the Code). Free 1040nr It explains the procedures you must follow to obtain an appropriate ruling or determination letter recognizing your organization's exemption, as well as certain other information that applies generally to all exempt organizations. Free 1040nr To qualify for exemption under the Code, your organization must be organized for one or more of the purposes specifically designated in the Code. Free 1040nr Organizations that are exempt under section 501(a) include those organizations described in section 501(c). Free 1040nr Section 501(c) organizations are covered in this publication. Free 1040nr Chapter 1, Application, Approval, and Appeal Procedures, provides general information about the procedures for obtaining recognition of tax-exempt status. Free 1040nr Chapter 2, Filing Requirements and Required Disclosures, contains information about annual filing requirements and other matters that may affect your organization's tax-exempt status. Free 1040nr Chapter 3, Section 501(c)(3) Organizations, contains detailed information on various matters affecting section 501(c)(3) organizations, including a section on the determination of private foundation status. Free 1040nr Chapter 4, Other Section 501(c) Organizations, includes separate sections for specific types of organizations described in section 501(c). Free 1040nr Chapter 5, Excise Taxes, provides information on when excise taxes may be imposed. Free 1040nr Organizations not discussed in this publication. Free 1040nr   Certain organizations that may qualify for exemption are not discussed in this publication, although they are included in the Organization Reference Chart. Free 1040nr These organizations (and the Code sections that apply to them) are as follows. Free 1040nr Corporations organized under Acts of Congress 501(c)(1) Teachers' retirement fund associations 501(c)(11) Mutual insurance companies 501(c)(15) Corporations organized to finance crop operations 501(c)(16) Employee funded pension trusts (created before June 25, 1959) 501(c)(18) Withdrawal liability payment fund 501(c)(22) Veterans' organizations (created before 1880) 501(c)(23) National Railroad Retirement Investment Trust 501(c)(28) Religious and apostolic associations 501(d) Cooperative hospital service organizations 501(e) Cooperative service organizations of operating educational organizations 501(f)   Section 501(c)(24) organizations (section 4049 ERISA trusts) are neither discussed in the text nor listed in the Organization Reference Chart. Free 1040nr   Similarly, farmers' cooperative associations that qualify for exemption under section 521, qualified state tuition programs described in section 529, and pension, profit-sharing, and stock bonus plans described in section 401(a) are not discussed in this publication. Free 1040nr If you think your organization falls within one of these categories, contact the IRS for any additional information you need. Free 1040nr For telephone assistance, call 1-877-829-5500. Free 1040nr   Check the Table of Contents at the beginning of this publication to determine whether your organization is described in this publication. Free 1040nr If it is, read the chapter (or section) that applies to your type of organization for the specific information you must give when applying for recognition of exemption. Free 1040nr Organization Reference Chart. Free 1040nr   The Organization Reference Chart enables you to locate at a glance the section of the Code under which your organization might qualify for exemption. Free 1040nr It also shows the required application form and, if your organization meets the exemption requirements, the annual return to be filed (if any), and whether or not a contribution to your organization will be deductible by a donor. Free 1040nr It also describes each type of qualifying organization and the general nature of its activities. Free 1040nr   You may use the Organization Reference Chart to determine the Code section that you think applies to your organization. Free 1040nr Any correspondence with the IRS (in requesting forms or otherwise) will be expedited if you indicate in your correspondence the appropriate Code section. Free 1040nr Check the IRS website, IRS. Free 1040nr gov, for the latest updates, Tax Information for Charities & Other Non-Profits, www. Free 1040nr irs. Free 1040nr gov/charities/index. Free 1040nr html. Free 1040nr Comments and suggestions. Free 1040nr   We welcome your comments about this publication and your suggestions for future editions. Free 1040nr   You can e-mail us while visiting our website at IRS. Free 1040nr gov. Free 1040nr   You can send your comments to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Free 1040nr NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Free 1040nr Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Free 1040nr   If you wish telephone assistance, please call 1-877-829-5500. Free 1040nr This toll-free telephone service is available Monday through Friday. Free 1040nr Prev  Up  Next   Home   More Online Publications