sale of land

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  • gman
    Senior Member
    • Dec 2005
    • 676

    #1

    sale of land

    that was used in a farming/ranching operation would be subject to income tax and not capital gains tax if used in business operation??? Is this correct
  • DaveO
    Senior Member
    • Dec 2005
    • 1453

    #2
    The sale would be reported on Form 4797. As long as no land clearing and/or conservation expense was deducted it should be pure capital gain.
    In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
    Alexis de Tocqueville

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    • Jiggers
      Senior Member
      • Sep 2005
      • 1973

      #3
      Farm land

      If there was a fence on the land the land that was depreciated, you will have to allocate part of the sale towards that and recapture the depreciation.

      Same applies to barns and other land improvements.

      The balance would be capital gain property.
      Jiggers, EA

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      • OtisMozzetti
        Senior Member
        • Dec 2007
        • 530

        #4
        net 1131 loss

        If there is a net 1231 loss on the sale of the land combined with other transactions, that loss is deducted as an ordinary loss not subject to $3000/$1500 per year limit! However, when net 1231 capital gains come along during some future year, there is a lookback to see what net 1231 losses have been deducted during the past 5 years.

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        • thomtax
          Senior Member
          • Nov 2006
          • 1276

          #5
          Originally posted by Jiggers
          If there was a fence on the land the land that was depreciated, you will have to allocate part of the sale towards that and recapture the depreciation.

          Same applies to barns and other land improvements.

          The balance would be capital gain property.
          Not trying to pick on you, but I didn't know land could be depreciated. Did you mean the fence that was depreciated?

          LT
          Only in government or politics is a "cut in spending" really an increase. It's just not as much of an increase as they wanted it to be, therefore a "cut".

          Comment

          • Jiggers
            Senior Member
            • Sep 2005
            • 1973

            #6
            Typo & didn't re-read!

            Originally posted by thomtax
            Not trying to pick on you, but I didn't know land could be depreciated. Did you mean the fence that was depreciated?

            LT
            I meant the fence and other improvements such as a cattleguard, water well, etc.

            I in a hurry get some time. Whoa.......... It shoud say "I get in a hurry sometime!"
            Jiggers, EA

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