1. Taxes for Working Forests and Tree Farms Mark Megalos, Mark Megalos,& Rick Hamilton, NC RF Extension Forester, Retired

3. Income Tax Implications 1. 1. Timber Sales   Cost of Sale 2. 2. Timber Basis 3. 3. Cost-Share Payments 4. 4. Reforestation Tax Incentive 5. 5. Applying it To Xmas trees

4. Timber Sales Gross Income$50000 Costs of Sale (8500) Basis (21500) Net Taxable Income $20000

5. COST OF SALE Tree marking ScalingCruising Temporary roads Consultant fees Legal fees Advertising fees SurveyEtc….

6. Timber Sale (cont.) Net Taxable Income$20000 Long-Term Capital Gains (LTCG) 1 Year Holding Period For Both Investors and Businesses Report on Schedule D (Investors) Report on 4797 (Business)

7. LTCG Rates ( 2014 ) Income*Ordinary RateLTCG** $0-18,05010% 0% $18,051-73,80015% 0% $73,800-148,85025% 15% $148,851-226,85028% 15% $226,851-405,10033% 15% +3.8 $405,101-457,60035% 15% +3.8 $457,600 +39.6% 20% +3.8 *Married Filing Jointly 3.8 % New Medicare Surtax (high income folks)

8. 2014 Tax Brackets

9. Timber Basis Why is it important? Basis reduces timber sale proceeds Basis or FMV (whichever less)=loss Only the net amount is taxable (Tax Code §1001(a))

10. An Example Joe inherited a timber tract in Ashe County 2 years ago. Joe inherited a timber tract in Ashe County 2 years ago. What is his timber basis? What is his timber basis?

11. Answer to the Example Timber quantity and price 2 years ago in Joe’s land: (Timber Class) Volume x Price = Basis – –Hardwood sawtimber 100 tons x $25/ton = $2,500 – –Hardwood pulpwood 300 tons x $4/ton = $1,200 $3,700

12. Land with Pre-Merchantable Timber The FMV of timber generally means $/acre

13. Special Tips for Timber Basis Basis must be allocated between land and timber (Tax Regulation §1.611-3) Keep Good Records on this for each stand/tract (Unique Identification)

14. ADJUSTED BASIS Original plus: Capitalized Expenses Carrying charges Capital improvement investment OR Original Minus: Depletion Casualty loss deduction Business loss deduction

15. BACK CRUISE Use to establish a basis (after acquisition) Allocates timber value at time of acquisition 4 step process 1.Determine present volume 2.Estimate growth over period since acquisition 3.Reduce present volume by growth 4.Volume past X stumpage past = Basis Note: Limited by purchase price or by FMV accepted by IRS

16. ESTIMATED TAX FROM TIMBER SALES Estimated taxes should be paid on income resulting from a timber sale. Exceptions: Farmers with at least 2/3 of their income from agriculture, are exempt from filing estimated tax.

17. EXPENSES- HOW DO WE HANDLE THEM?

18. Timber Investment or Business ANNUAL EXPENSES Interest on loans Timber insurance Road and fireline maintenance Insect and disease protection Prescribed burning Administrative fees Labor, tools, materials TSI Property taxes

19. Timber Investment or Business INVESTMENTS 1. Management costs – miscellaneous itemized deductions subject to 2% floor or capitalized. Deducted on schedule A or Form 1040 2. Property taxes – fully deductible. 3. Interest – deductible to the extent of net investment income or capitalized. Note: If expenses will be capitalized, it is recommended that a written summary of this decision be attached to that year’s return.

20. Timber Investment or Business ACTIVE (MATERIAL) BUSINESS Management expenses deducted as business expenses with no limit on schedule F or C or expenses may be capitalized. Note: If expenses are capitalized, a statement of the amount and decision to capitalize should be attached to the year’s tax return.

21. REFORESTATION DEDUCTION

22. Reforestation Tax Treatment 1. First $10,000 is fully deductible 2. Write-off (84-months) of all amounts over $10,000 3. Both deductions taken as “Adjustments to Income” (no need to itemize) 4. Equally available to small businesses and investors. 5. Elected on a property by property basis each tax year. 6. May not include cost-share amounts excluded from income (IRC 126)

23. EXCLUSION OF COST-SHARE PAYMENTS 1. Must be for approved practices under approved programs. Rental payments such as CRP do not qualify. Neither do payments for perpetual or temporary easements. 2. Payment must not substantially increase the gross receipts of the landowner from the property being improved.

24. Christmas Tree tax Treatment – Considered Timber if older than 6 years

25. Christmas Tree Age matters! Trees less than 6 Years of age are treated as ordinary income ( seedling age counts!) Older than 6 years they are treated as TIMBER ( I.R.C. 631) They Get Capital gains treatment

26. What it means….. No Need to Capitalize Production Costs (add to basis) Do Need to Capitalize Seedling/planting costs Cash method- Deduct as paid Accrual Method Deduct when incurred

27. 631(a) Election – Most folks Value tree on Jan.1 of year of harvest – –Book transaction – –Value of trees (part 1 of 4797) net basis

28. Gross –minus Operational Costs Year of sale costs $20,000 Shearing (hired Labor) $15,000 Cutting $15,000 Fertilizer $ 5,000 Herbicides $10,000 Marketing & Sales Gross $260,000

29. Tree Cutting $15,000 $65,000 $(5,000)

30. Tax Resources National Timber Tax Website: www.timbertax.org www.timbertax.org Ruraltax.org – –Extensive: Income, estate and property law – –Professional referencing Service and Publications by Extension, State Agency and University

31. Additional Resources Estate planning and farm transition http://ag-econ.ncsu.edu/extension/estate-planning National Timber Tax Website http://www.timbertax.org/ Rural Tax Education http://ruraltax.org/ NC Secretary of State http://www.secretary.state.nc.us/corporations/ National Agricultural Law Center http://nationalaglawcenter.org/ Iowa State – Current Issues in Estate Planning http://www.calt.iastate.edu/epissues.html

32. Contact details Guido van der Hoeven, Extension Specialist 919.515.9071 Email: guido_vdh@ncsu.eduguido_vdh@ncsu.edu Megalos 919.513.1202 mamegalo@ncsu.edu

33. THANKS!