Video summary
Effective tax management for farms requires a strategic approach that prioritizes long-term planning over short-term deferral to prevent substantial future liabilities or complications upon the owner's death. Farmers can leverage the Internal Revenue Code to minimize taxes years in advance by adjusting herd structures, such as holding back replacement heifers for later expansion, or carefully managing depreciation schedules for perennial crops and broiler barns. The total tax burden is a combination of marginal income rates and self-employment taxes, which apply only up to an annual wage base before liability drops significantly, making family structures and shifting revenue to lower-tax-bracket members valuable tools for reducing overall obligations. Additionally, specific strategies like prepaying consumables such as fertilizer or fuel when future scarcity is expected, utilizing crop insurance deferrals, and maximizing retirement accounts can further optimize cash flow and tax positions without violating IRS rules regarding labor costs or deduction limits.
Depreciation planning is equally critical, as failing to properly account for asset wear can lead to costly depreciation recapture taxes upon the sale of equipment; farmers must distinguish between economic value loss and the specific schedules allowed by the IRS, such as the Gross Domestic System versus the Alternative Depreciation System. While accelerated methods like Section 179 and Bonus Depreciation offer immediate expensing benefits, they can create cash flow shortages in later years when deductions expire, necessitating a balanced approach to avoid overutilization. To further manage taxable income, techniques such as marketing crops in the following year, restructuring dairy contracts, or utilizing income averaging tools like Form Schedule J allow farmers to shift earnings into lower tax brackets and save thousands of dollars, provided they meet eligibility requirements regarding landlord agreements and do not affect self-employment tax calculations.
Estate and gift taxes present another layer of complexity, with a 2026 lifetime exemption of $15 million per person that allows for significant wealth transfer without immediate taxation, though exceeding the annual $19,000 gifting limit consumes a portion of this lifetime allowance. Upon death, assets receive a step-up in tax basis to their fair market value, which can significantly reduce future depreciation recapture issues for heirs, while spousal portability rules ensure that unused exemptions are not lost due to repeated marriages. However, once the lifetime exemption is exhausted, subsequent transfers face estate taxes that can reach up to 40%, making it essential for farmers to create succession plans early and work with tax professionals between June and mid-December rather than during peak filing season.
To navigate these financial landscapes successfully, farmers are advised to maintain annual balance sheets and farm analyses while utilizing resources from organizations like Rural Tax and Auburn University to stay informed on legislative changes that could affect estate values or inflation adjustments. It is crucial to provide necessary records by January or February to ensure timely filings, though extensions remain available if needed, but the focus should remain on avoiding pitfalls such as overusing special depreciation or prepayments that could backfire when deductions expire. By integrating these comprehensive strategies into a cohesive plan and engaging with professionals well before tax deadlines, farm owners can secure their financial future, protect their assets for the next generation, and ensure they are not caught off guard by unexpected tax liabilities or regulatory shifts in 2026 and beyond.
Read the full video transcript
Hello folks, this is Dennis Brothers.
Welcome to part two of 2026 [snorts]
basics of farm taxes and estate
planning. Uh in this video, Dr. Cravicks
is going to address tax management
strategies strategies to use on the farm
and help you figure out ways to best
manage your farm tax situation.
I'll get the presentation up, hit share,
and we'll hand it over to Dr. Kandraich.
Hello. Thank you for taking the time out
of your day to review this video.
For those that [clears throat] may have
come across this, there is a quote
unquote part one that I review some
basic uh income tax uh [clears throat]
types or tax types that are most found
on farms. And so I may be also
discussing and utilizing some terms from
that particular video here. And this is
where we get into
um more of some of the tax management
basics. Again, this is not going to be
all inclusive.
And so you need to really work with a
tax professional to assist you with
regards to this. Now, tax management is
a basic part of any business management
practice. Sometimes we don't think about
it, and we only think about it typically
in a 12-month period of time.
But unfortunately, we find many farms
and and other self-employed individuals
that
think tax management is trying to get
out of paying taxes. If this is your
particular strategy, and it's not a very
good strategy, it usually comes back and
you end up paying for it in the end
because one of a few things ends up h
happening.
one
that um because of various situations
and econ and economics
um you might have a really good year or
whatever it happens to be um you've kind
of run out of options and all of a
sudden you blow the roof off and you
have quite a large tax bill at that
point in time because really all you've
been doing is deferring your taxes. you
haven't really been eliminating and
you're more than likely just deferring
it.
The other way to get out of it is
through death and somebody else has to
deal with it at that point in time. So
that's really what's occurring. And so
proper
proper tax management is using available
internal revenue code to get the most
amount of income through the tax system
at the least cost to do so. So at the
cheapest rate in essence, but I
sometimes like to refer to it at the
least cost and that's that tax
liability. And to do this requires free
planning and sometimes this is going to
be years in advance. And easy examples
of this is if I've got cow I I raise
cows and my heer calves, I I will hold
back a certain proportion of those heer
calves as replacement for my cows as I
as they call. And then I might decide
all of a sudden, you know what, I want
to expand my herd. So, I'm gonna keep a
couple of my cows. Instead of callulling
them, I'm going to keep them maybe a
year extra and um I'm going to hold back
on all of the heers that look like they
would be good replacements instead of
selling them to market and so I can
expand. Well, that's going to be 36
months out approximately. I know it's
not exact, but approximately that I may
begin to see the additional revenue
coming from new calves being sold. Okay?
And so in that 36 to 48month period, it
could be, you know, obviously a little
bit less than 36 months depending on
various situations and my choices,
um, I'm going to have a lot more revenue
coming in. And so I might be working
today, literally three, four years
before the revenue kicks in and begin to
plan how I'm going to deal with that
extra revenue to help limit my tax
liability. That's a very good easy way
to think about this. And the same would
hold true if a farm was expanding
because I just bought another 40 acres
and I'm putting brand new peach trees on
it or asparagus crowns, whatever it
happens to be with those with perennial
crops. And so I might be looking five,
six, seven years or even 10 years out.
And so I might have put up some new
broiler barns
and um my depreciation runs out after 10
years. We'll talk more about
depreciation in a little while. And so I
might be preparing now on my tax
management strategies for, you know,
maybe choosing a different depreciation
method or with me having that knowledge,
wanting to keep it where it's at. How am
I going to deal with my cash flow in
year 11? And so all of those types of
things are things that we need to
consider and we need to stop looking at
everything taking place on the farm
within a 12-month period of time. And
sometimes if we've got multiple family
members involved with the farming
activities, we may want to take a look
at what's the total tax liability to
everybody, the entire family on the
farm, and begin to deal with uh t other
additional tax liability strategies to
help spread that out, you know. So, you
know, my son with two children may be
able to handle higher revenue at a lower
tax rate than I might be, you know, as a
married with no kids or a single
individual, not married, no kids. So,
all of those things need to be thought
about and we need to have these
discussions with our tax professional
and it needs to happen before the end of
my tax year. And for most of us, that's
a calendar.
All right. Now, this chart is really
looking at three different things. For
those that have uh already watched and
reviewed the first part or the first
video, which is the review on some basic
uh farm taxes, including income tax,
self-employment tax, um capital gain
tax, and the like. I talk about ordinary
income tax and I talk about
self-employment tax. Self-employment tax
is actually made up of two major
components for a total 15.3%
uh tax rate that's being applied to all
of your ordinary income tax.
Now a good the largest portion is just
over 12% that goes to social security.
the other portion that is approximately
a two point just under 3% about 2.9 if I
remember correctly of that goes to
Medicare and so when I add take
15.3%
and I add that on top of my marginal
income tax rate that's my total tax
liability
uh without considering state income tax
without considering capital gain stuff
but the reason why that's very very
important is that helps begin to set a
base for tax management agement
strategies and that's what we're looking
at here. So this orange solid line that
you see that's pretty much in the middle
of the road here is my marginal income
tax rates and you can see down here
dollar values. Now these
increase from one year to the next with
a rate of inflation. You see the
marginal tax rates here on the left hand
side.
Now, this blue I'm sorry about that.
This blue line, blue dotted line is
actually showing my self-employment tax.
And as a reminder, the um
self-employment tax, the social security
portion of that, which is the larger of
the two,
I only have to pay social security
on up to and onto
a certain amount. And that amount
changes from one year to the next based
on a rate of inflation. And so, you
know, it's just under $190,000 this
year. So, about $18687,000
thereabouts. Um, any dollar after that,
I don't have to pay social security on.
Okay? [clears throat] And that's why we
see at this point in time, you know,
right over here, a significant drop. And
of course, I'm using numbers from a few
years ago because again, it's not the
exact dollar amount here, but it is the
concept that I want you to really get.
All right. So, when I take the
information from this orange line, add
it to this blue dotted line, that should
add up to a percentage total of on here
on this red line. So you can see here
towards the middle, it's a little bit
off to the left a hair of middle. We've
got this giant kind of head. So off to
the left is my left shoulder. To the
right is my right shoulder.
Every farm, every individual, every
family is unique in their situation. We
may have off farm income coming from one
spouse or we may have off farm income
coming from two spouses.
Um, we may have a really large high
dollar value farm that is doing quite
well and is consistently on the, you
know, over in the right shoulder. We may
have a new farm or a small farm or a
farm that is just constantly struggling
and so they're on the left shoulder or
we may have a farm that's always hanging
out in the head. And so depending on the
situation, where we're at in that head
part, and all these other circumstances
and other variables, we may be working
to try to figure out, oh man, where can
we go ahead and decrease my revenue a
hair um or my taxable income, I should
say, by doing prepays or doing this or
doing that to essentially offset that
income so I don't have as high as as a
tax liability or taxable income.
But I might be so far over to the right,
excuse me, on that head.
So, we may be so far to the right on
that head that we might be trying to
find a way to actually decrease my
deductible expenses
and or I need to find some more income
before the end of the year so I can drop
in and get that income to be down on the
right shoulder. All right. I much rather
pay 12 point some odd percent or almost
13% lower than staying up on the top of
the head. Okay? Especially for those
farms that are normally always on the
head and may be towards the right
portion of the head or on the right
shoulder. So we might be looking for
more income to move there so that income
doesn't come in next year at a higher
rate and not be able to utilize some
other type of mechanism. Okay, so that's
why this is a good way to explain some
of those concepts and what we're trying
to do. Okay, prepaids.
This is actually used pretty frequently
by many farms and in short what a
prepaid is is a purchase of a consumable
product in one year and it will not be
cons i.e. consumed or utilized used up
until next year. Now under normal
circumstances just to evade taxes i.e.
pad my expenses for this year to lower
my taxable income. You're not allowed to
do that. But
if we may believe for various
circumstances.
So let's say we're having a war with
Iran and the straight of Horamuz closes
down where a significant amount of
sulfur I believe it is runs through or
some major component utilizing the
development of fertilizer actually runs
through that straight that sets a base
for the um global supply and price for
fertilizer.
And so we may believe that one we may
not be able to access fertilizer when we
need it
or if we can it may be a higher price.
And so those are both reasons why we
might be able to be allowed to use
prepaids. And so we strongly encourage
that you print off a few things, drop it
into the file or keep it electronically
that proves or shows some likelihood of
difficulties in the availability or
having access to that product at the
time of need and so I want to lock it in
now. or we believe that there's going to
be a much lower price and I'm going to
pay on now
versus at the time I actually need it.
And this is going to be on things like
fertilizer, fuel, seed, mineral blocks,
salt,
all sorts of things. But I cannot prepay
labor. I can't pay there's a lot of
things I cannot pay uh prepay for. So,
um I might have a insurance bill that
comes due um that might be paying for
the next 6 months. That part's okay, but
I can't prepay like the next, you know,
the bill that I would be receiving in 6
months that falls into the next year. I
can't prepay for that. The other thing I
cannot do, I cannot go down to the local
co-op and give them a $15,000 check and
say, "That's going to be for whatever
chemicals, whatever fertilizer, whatever
seed, or or anything else that I may
need next year." That does not suffice.
You must receive a receipt
that specifically states, "All right, I
just spent $15,000. that $15,000 went to
X amount of quantity of URA, X amount of
count of of quantity, you know, like X
bins of or whatever it is or tons or
gallons or whatever it happens to be of
glyphosate of lime of whatever it
happens to be. It needs to be detailed
and specific and you need to hold on to
it in case the IRS comes ringing and
going we want to see proof of why you
did the prepaids. Okay, there are some
limitations with regards to that. You
are limited to 50% of the total normal
deductible farm expenses when you don't
consider the prepaids as part of that.
You cannot go above that. So, if I've
got a total uh deductible cash expenses
of my operating uh items like those that
I previously mentioned,
um
if if that's $30,000 in a year, you can
only prepay up to $15,000.
Now, I can go beyond that for certain
circumstances. You have to meet certain
definitions of a farmer. That's number
one. Number two, when I do that, I can
also go ahead and take a look at my
average out my previous three taxable
years and see what I spent there. Um,
and see if that has any effect versus
just taking a look at where I'm at
today. Um or I may have some other
extenduating circumstances like I've
doubled the acreage um or even just
increased it by 40 acres, you know, out
of my, you know, 250 or 300 or whatever
happens to be or I've I've doubled my
coward. And so based on that, I very
well may have doubled the normal
expenses in this year because of that.
And so because of that, I should be able
to increase the amount of prepaids I'm
allowed to utilize. And so you can do
that. There's section code that allows
that. And you need to make sure you've
got proper documentation to be able to
show that up. Now,
depreciation
um many farms are um have an
understanding of depreciation. And in
fact under law under and I should repeat
I should rephrase that
under internal revenue code if you are a
trader business and you purchase a
capital asset that capital asset must be
added to the depreciation schedule and
must be depreciated out.
And if you don't do that and you sell
that asset, you may actually have to pay
depreciation recapture on that asset
even though you may not have uh taken
the benefit of that depreciation.
And if you sell that particular asset,
let's say five years down the road after
um I am allowed to amend returns. I can
only amend returns for up to three
previous tax years.
And so
when I take a look out, I'm saying, all
right, I've got a 5year depreciable
life. I'm selling that asset at, you
know, after that point. I've also held
on to this asset for longer than that.
So, I've held on to it, let's say, for
eight years, depreciated that out over a
fiveyear span, and then um I've passed
the three-year allowed limit of the
first three years of ownership when I
had that depreciable asset on hand. Um,
and so I've held on to it for a total of
eight years. So I cannot amend a return
to change those returns to take
advantage of uh that depreciable asset.
And so I may not be able to reap any of
that benefit, but I may have to pay back
u essentially the benefit that I was not
able to access. So um so we need to be
careful in some situations with regards
to that stuff. And so always work with
your tax professional, see where they're
at, what their understandings are, and
make sure that things are are being done
the appropriate way the first time. So
that being said, there are different
types of depreciation. And the top two
that we usually fall into
is going to be um tax depreciation,
economic depreciation. Economic
depreciation is not tax and vice versa.
Economic depreciation refers to you buy
a Ford truck, you paid $50,000 for it,
you run it around the block and you go,
I really don't like it. You run it back
in and they only give you 80% of what
you paid for it. That 20% is economic
depreciation, right? We see this with
all sorts of things, fence line, pumps,
uh tractors, you know, the higher the
hours, the less the value. plus then how
what its age is, the condition it's in.
That's economic depreciation. Tax
depreciation is the IRS has has
>> [clears throat]
>> um a number of publications out there
that looks and considers just about
every
type of capital asset that you can think
of. for the most part and it has
developed based on how it categorizes
things and its equations. What should be
the useful life of all these different
types of depreciable assets? land when I
purchase is a capital asset but it's not
a u asset classification that allows it
to be depreciable and in fact it is
under nor from an economic standpoint is
typically an appreciable
asset. All right. So, all that being
said, we get to now tax depreciable uh
capital assets under Internal Revenue
Code. We immediately fall into two major
categories. Most of the all of this
falls under makers. And then we've got
GDS and ADS. Okay. Most farms are using
GDS, but there are some farms that used
to be required to use ADS. We're not
going to get into that today. Um, but
it typically keeps all of the assets in
the same class types, but it slows down
the um number of years that you
depreciate the value of that asset out
over. And so we may have a 10-year
uh singlepurpose building like a
greenhouse or a broiler house that under
GDS has 10year
uh depreciable life, but under ADS is 15
year. And there's a lot of reasons why
we actually want to use ADS instead of
GDS. GDS is oftent times overused and so
we use that. And on a broiler house, I
might have a 15year, 20 year or even 25
year loan out.
But then I lose depreciation in year 10.
And because of how everything works,
year 11, I, you know, I I may have
actually a profitable farm,
but I may not be able to make cash flow.
Why? because
[clears throat]
the depreciation that I was using was
helping to offset
some of my taxable income because that
depreciation dollar value
actually acts similar to a deduction. So
it ends up lowering my tax liability
and so which means it's lower and you
know theoretically it's lowering my
taxable income
and so because of that it lowers the
amount of tax I have to pay. When that's
no longer there for an item that was
quite expensive,
then what ends up happening is
um
I have now potentially a higher taxable
income. It's going to increase my taxes.
And so those dollars that were hanging
out there that allowed me to do other
things like
pay the principal portion of the um loan
that I have from the bank,
buy groceries and the like. And so now
it is possible depending on every on all
the other circumstances surrounding
an individual in this particular
scenario.
It's possible that I may not have the
cash because I had to pay taxes to be
able to pay the bank or I might be able
to pay the bank but not the tax bill and
I may not even have enough money left
over to be able to take a draw to buy
groceries.
So all of those things need to be taken
in consideration. That's why tax
management, you need to look way off
into the future, what's happening,
what's going on, and you really need to
run numbers just not do things off your
off the top of your head. You need to
run formal financial acrruel adjusted
analyses with this. So, you get an
acrruel adjusted income statement, not a
profit loss statement out of QuickBooks.
You need to use the right software to be
able to do the right things. And that's
going to help play a role hopefully in
the decisions you make for a tax
management strategy purpose. And again,
in many cases, what we end up finding
out is using proper tax management
strategies over the long haul, you'll
end up paying less in tax liability
versus trying to get out of paying taxes
in general in any one year. Now all that
being said, there is another category of
depreciation that a lot of people will
utilize and again it is significantly
overused creating problems with not
having carryover depreciation to be able
to use in future years. And that's
section 179 and or bonus or sometimes
referred to as special depreciation.
People will also call it rapid
depreciation or accelerated
depreciation.
And so this allows me for section 179 um
I can use I can take an asset value and
I can take 100% of that asset value that
I purchased this year and depreciate all
of it in one year instead of carrying it
over. Or I can take 50% of it or 25% or
whatever you want. Okay? And that's how
it works. And then next year I can do a
little bit more if I wish that way as
well while still having carryover from
that as well until it runs out. Bonus
depreciation will take all assets in a
particular asset class 5 year, 7year,
whatever it is that I purchase in that
particular year and it will depreciate
100% of the value for all assets
purchased in that particular tax year in
that asset class. All right. Very
restrictive, but allow but allows you to
do that. You can actually work in both
of these between each other. But
technically, bonus depreciation is
automatically turned on and set in the
IRS's forms. And so you actually have to
opt out not to use bonus depreciation
[snorts] and be able to allow it to
throw flow through using a straight line
method or DB 2000, DB250.
And what that means is I'm changing the
equation that's used to determine how
much value of an of that asset is going
to be depreciated in year 1 versus year
two versus three, four, five, and so on.
All right, that's kind of what that
refers to. All right, so a few more
pieces of information with regards to
depreciation
is that section 179 does have
limitations. All right. Once I purchase
um $2,560,000
worth of um assets in the 2026 year, um
you cannot use
section 179 above that. So, if I buy $3
million worth of assets,
I can't 179 all of it. I can only 179 up
to 2,560,000.
Well, what happens if I buy
assets more than that? Well, let's talk
about that. There's a phase out. So, if
I buy 4 million 90,1
worth of assets,
that $1 gets subtracted from 2,560,000.
And so, if you wanted to section 179
100%, you can't because you're $1 over.
So, what that means is I can go ahead
and I get to go ahead and take
[clears throat] $2,560,000
and I get almost all of that
to depreciate out in one year. But since
I went over in the purchases of
equipment by $1 over that $4,90,000
with a I cut a check for $4,90,0001
that means I can only section 1792
$2,559,999
worth all right so the time that you get
to spending if you spend on assets
capital assets assets that are
appreciable.
6 million $600,000
$650,000.
You can no longer use any of section
179, but I can use bonus depreciation on
100% of the values. All right. Now, of
course, there may be some slight
differences of dealing with
classifications. We need to make sure
that all assets meet the appropriate
classifications to be used with bonus
depreciation and section 179 etc. All
right. And so uh there are some special
rules as it relates to short bed crew
cab halfton trucks because most of the
time most of those fall into um an S SUV
category instead of a truck. So, you're
going to be limited on section 179 on
that particular truck and what you can
do in the first year and then you're
going to be allowed to amateurize the
rest of it in future years or utilize it
in section 179 in future years. And so,
and a lot of that the first thing that
really kicks in is the size of the bed.
If you've got less than a sixft bed,
you're immediately knocked out. You are
not a truck, you're an SUV. And then if
I've got a six-foot bed, it's got to
fall in. They've got these slots dealing
with weight classes. And so that can get
a little bit tricky. And so that's
something you need to work on with your
tax professional if you have purchase
that. Okay. So again, be careful on how
much you use of this. Um be judicious.
Typically, when I find people spending
and trying to really push and use
accelerated or rapid depreciation,
usually somewhere between year five and
year eight, we end up with some major
cash flow issues. Um, and if it's not
cash flow issues, we end up actually
having to pay higher tax liabilities
because we don't have similar or uh an
appropriate amount of depreciation to
help offset that. Okay. Income
deferment. Income deferment is going to
look different for everybody.
And really what this means is I've got
income coming into one year. Can I take
it this year to be able to use for cash
purposes but then defer it from being
considered into taxable income? Or can I
actually defer that actual income from
even coming into my check? And there's
lots of things that we might be able to
do with this. So if I have a rowcrop
farmer that actually markets their crop
not in the year of harvest, but if I if
a significant proportion of it, a
majority of it falls into the next
taxable year,
but I had a bad year and so it triggered
a crop insurance payment. And so if that
crop insurance payment is coming from a
certain category or type of insurance, I
may be able to I may be able to uh defer
the value of some of that from coming
into me as income until the next year.
And it's not going to be 100% of it.
It's going to be a proportion of that.
And that is something that we usually
see when I've got a yieldbased crop
insurance versus an incomebased income
based you may not be able to do this.
Okay. The other thing is with dairies
during some circumstances,
uh, we may work with the dairy co-op
that's buying my milk and under certain
circumstances, we may work with them to
say, "Listen, um, let's redo these
contracts of these last couple of
months. Uh, um, each of the payments
coming in for each of those months or
just one and um, we need those to be
deferred. You can go ahead and come and
pick up the milk. Um but u within the
contract I don't have access to that
cash until I want those you know the
last four payments to not come until
January into that year and and that can
be worked out and be made you know under
[clears throat] as far as I know we're
still allowed to do that. So those are
some things to do with regards to
deferment. There's a lot of other
options and availability. You just need
to work with the right people to make
sure that hits. Next is retirement and
college type accounts. And there's a
whole slew. I've talked about IAS and
401ks, but there's a lot more than that
that is out there. And I strongly
encourage everybody to have a certified
financial planner to be able to work
with um to help you through some of
these things to see where I can invest
in and be able to receive a tax benefit.
And so these are pretty common. And so
when I put something into a 401k, when I
put something into a traditional IRA or
into a child or grandchild's college
fund,
I get to do that with money before I
have to pay tax on that money. And so,
for instance, as long as that child uses
all of that, the dollar value within
that account for colleges for college
and education, nobody's ever going to
pay taxes on that money.
If I put it into a 401k,
I don't pay taxes on it now. I am
deferring that income. All right? really
what's happening is I'm deferring the
tax liability of that income because
when I remove it out of the 401k that's
when I'm going to pay it and the same
for traditional. So, typically what we
end up seeing is farms in good years to
help offset some liability will max out
uh traditional IAS and then when I've
got a net loss or I'm in lower income
tax brackets, I'm going to take the
traditional IRA, I'm going to pay the
taxes on that and roll it into a Roth
account so that when I have to take
money out of that Roth account at age of
retirement or at maximum age where you
are now required to take minimum distrib
contributions, it's taxfree.
Okay? And so I'm not going to be paying
any income taxes on it at that time
because I've already frontloaded it. And
so those are a couple of things to
consider. And there are many other
options as well with regards to that. I
strongly encourage you to do that. Now,
many farms and others
um will give money to the church at the
end of the year and sometimes that could
be relatively sizable. Um, however, if
you're not itemizing,
um, and even if you are itemizing,
you're you may not be making or taking
advantage of 100% of the cash value of
what you've donated for it to reduce
your taxes. And so, in many cases, if
you do things the correct way, what we
would do is donate to this group or
organization the actual farm product
that I raise. All right. And a couple of
the key things here, again, we're not
getting in the nitty-gritty, but these
are the big ones. Um, you have to give
them the commodity so that the risk of
ownership and marketing is no longer on
you. The risk of ownership and marketing
must be on the organization you are
donating it to. When do they want to
market? How are they going to get it to
there? Where, when, and where, and how
is all up to them.
And so you may call up the local church
and say, "Hey, I've got a load of of of
your corn here. Where would you like me
to take it?" And they may ask you,
"Well, where do you normally market it?"
Well, I'd market my grain over here.
Would you like me, you know, what would
you like me to do? Well, you know what?
Can you take that over there for me?
Yes, I will donate my time and the value
of what I've got into, you know, my
repairs, maintenance, fuel cost, all
that other stuff, and to be able to take
it there. What I would like you to do
to the organization that um you're
donating this to, the commodity, you're
gifting it to them,
is you want them to make a phone call to
where they would like it to be dropped
off. and you tell them, "Listen, here's
what it is." And they'll talk you
through on what you would like to do. Do
you want to keep this? Uh, do you want
to do this or that, but it's up to you.
And if you want to sell it, you're able
to sell it right there. You're going to
have to provide them with the necessary
information so they can get the proper
tax documentation sent to you and they
will mail you a check or electronically
deposited. You know, again, that's all
dependent upon where it's being taken
and and everything else. But the risk is
on them. you drop it off, it's not
yours. You're going to tell them there,
hey, this is this is, you know, the the
such and such Presbyterian church or
Baptist church or this is for, you know,
the Auburn University Agra business
team. Okay? And then they're the ones
that have to drive the directions of
what to do with it and then the check
goes to them. Okay? Now, what does that
mean? that entire dollar value worth of
product does not run through your
checkbook. And if it doesn't run through
your checkbook, it's not being counted
as taxable income. And if it's not being
counted as taxable income, you are not
paying income tax or self-employment tax
on it or any other tax on. Okay? And
this is allowed through internal revenue
code. But things have to be very
detailed with regards to that. So please
work with a tax professional on that.
All right, two more major categories to
talk about. We're going to talk about
income averaging and then when we get
done with that, we're going to talk
about very briefly
um
estate gift tax. So, income averaging
was started now um
30 years ago. Can't believe it's been
that long ago. It is extremely
underutilized.
um a study about 23 years ago looked at
almost 51,000 farms and said, "Listen,
these folks, if they would have used
this or do use this, um they would have
averaged a savings of $4,434
per farm
if they utilize income averaging." All
right, that's about a 23% savings of
what their tax liability was. To me,
that's pretty substantial for me
personally.
So,
I've done a couple of back of the napkin
type things. Um, without having access
to certain records, it becomes difficult
to do a study on your own. But just
doing some back of the napkins, you
know, just even a few years ago, we were
already in the $6 to $7,000 range for
some of these folks. And again, it kind
of depends on really groupings and a lot
of these things, but it could be
relatively significant. But regardless,
if I can do something and save even a
couple of thousand dollars, why would
you not want to do that? And the only
reason would be is for a tax
professional to do income averaging
requires um tax form schedule J.
And that's what uh income averaging um
gets filled out on. And of course, some
tax professionals or many really will
charge you by the form. And so, um, you
want to know how much that cost is
because if it costs $500 to do the form
to to figure out the income averaging
and the savings is only going to be
estimated at $250,
it doesn't make sense. Okay? But you've
got to have some idea of some of those
types of things up front.
Um, so again, what this does is
you're not amending a return. It has no
effect on your self-employment tax. It
doesn't change the amount of taxable
income you have. All this income
averaging does
is it may be able to change the tax
rates on some of the income for this
year. That's all it does. It's going to
look back year. It's going to look
[clears throat] backwards to the three
previous tax years and it's going to
look at where the top ordinary income
tax dollar fell into what marginal
income tax bracket and if we've got a
lot of space in lower income tax
brackets. So, let's say I was in the
lower to mid 12% income tax brackets
for a number of years,
and this year was a good year, and I'm
in the 22% tax bracket.
I'm going to take some of this year's
cash and use some of the previous year's
worth of those lower income tax brackets
and save 10% money on that. Okay? Again,
you're not amending a return. So, you're
not hitting reset on what I'm opening up
for audit or anything like that. I am
just simply allowing myself to utilize
some unused
lower hopefully
marginal income tax rates. That's all it
is. All right? [clears throat]
It's filed on schedule J. It allows
taxpayers to utilize um unused tax
brackets from the previous three years.
If you have or you are a landlord, if
you're a cash rent landlord, you are
ineligible to use income averaging. Only
farmers, commercial fishermen are
allowed to use income averaging.
However, if you're a crop share
landlord,
um you are allowed to use income
averaging because typically your revenue
or should be your revenue is going to be
based off of the production of what
comes out and you are sharing the risk
of either expenses or marketing and all
weather and all these other things which
is what gives you the right
to be able to utilize that income
averaging. But you need to have a
written agreement uh that is out there
before farming the ground takes place
um and definitely before the year of tax
um or at early on. But regardless, it
must take place. That agreement has to
take place before plants go in the
ground or or the animals are out on that
ground uh utilizing it. Okay,
so that's the biggest thing. And again
that particular cash crop share landlord
does not necessarily need to materially
participate uh by offering driving the
the the the tractor or doing any type of
physical labor or even managerial labor
for that matter. But it cannot be cash
rent. If it's just cash rent that's
being received, they're not allowed to
get that. So now let's start diving a
little bit more into income averaging
and how it works. First, let's cover
some very necessary
definitions. All right. First is the
election year. So, in 2026,
we do our 2025 taxes. Okay?
And so, um, what that would mean is I'm
going to use my election year is going
to be 2025 because that's the tax year I
am wanting to income average out. My
base years are the immediate preceding
three years to my election year. So for
a 2025 tax year and I'm using that as my
election year, my base years are going
to be 2024, 2023, and 2022.
Then we have electable farm income. So
electable farm income is refers to the
income that is allowed to be income
average. So if you've got income coming
in off the farm,
that does not count. You're not allowed
to income average that. If you have a
wedding venue
and you rent that out, that is not
considered farming activities.
Therefore, it should not even be on your
farm taxation. That should be on
schedule C.
That is not income that counts. That is
electable. Okay. So, my farm income is
going to be things like when I sell
corn, feeder, feeder livestock, feeder
pigs, um, and the like.
It's not going to be capital assets, but
some capital assets upon sale, if
there's profit and there's gain, capital
gains can also be income averaged as
long as it's con appropriate um,
farming considered farm income. And so
again, that's why it's very important to
work with a tax professional. Now, I
might have electable farm income of
$100,000, but given the situation,
um, I really need to knock it down only
by 30. So, I'm going to elect
that $30,000
out of what? A total of a h 100,000 that
is electable.
And so my elected farm income in this
case is going to be $30,000.
Now that being said, I can't just take,
well, I want 20,000 here and I want
1,000 there for that year and 5,000 in
that last year. That's not that's not
allowed. That $30,000. What then has to
happen is you have to divide that by
three. 30,000 divided by three is 10.
So, I take $10,000 and I apply that to
2024, $10,000 to 2023, and $10,000 to
2022. You're not allowed to do a mix and
match. All right? And again, you must be
a farming business and you must refer to
Internal Revenue Code section 263 big A
little E number four to see what that
means. Okay?
So only farm income qualifies that's
taxable income uh subject to
self-employment um or the amount of
self-employment tax itself. I'm a visual
person. So let's take a look at this
chart and um again concept is what is
important versus what years I am
referring to. So here I developed this
you can tell in 2022 and we are in the
election year of 2022
and in the election year of 2022
um I have an upper limit
of my top the top of my 12% tax bracket
2022 married filing joint is $83,550.
So, when I go to 110,000, that puts me
approximately $26,450
into the 22% tax bracket.
Okay,
that's very important to understand.
$26,450
is what would be taxed at 22%.
All right, whereas of the remainder,
$83,550
is taxed at 12%.
All right. [clears throat]
When I take a look at my base years,
which are going to be 21, 20, and 19,
the top of the 12% is a little bit less
because those marginal tax rates um and
the dollar values that they represent,
the dollar values change from year to
year based on a rate of inflation. So,
you've got to be cognizant, understand
that.
And I talk about that a little bit in
the first video.
Now, so when I take a look at 2020, the
top of the 12% is 80,250. When I look at
19, it's 78,950.
All right? And so I decide to elect
$30,000
to income average. So based on Internal
Revenue Code and how income averaging
works, I have to take that 30,000, I
divide it by three, that's 10,000, and I
have to apply $10,000 to 2021, 10,000 to
2020, and 10,000 to 2019. So when I add
10,000 to 2021 where I had $70,000,
I add 10,000 to it, that gives me
$80,000. That's still below the $81,050.
So 100% of that I am now saving 10%
money on that $10,000. So 10%
of $10,000 is $1,000. So I've just saved
$1,000 in tax liability by doing that
right off the bat.
Next 2020, I add $10,000. And that year
I only had $65,000. So I add $10,000
there. and um that goes to 75,000.
And so I still have a $5,250
hold back there that I can still use if
I so wish.
And so I've got another $10,000 that I
just saved 10% on. And so that's $1,000.
When I take a look at 2019, I'm at
72,000. The top is 78. When I add
$72,000 to that, I quickly go to 82,000.
So, I'm going to have some money that is
going to be counted at a 10 at a 12%
rate, and I'm going to have some money
that falls into 22% rate. So, I'm going
to have approximately
um $6,000 plus some or just under some
uh that's going to get treated at the um
at 12%. So, I'm saving 10% on that
value, while the remnant is going to be
taxed the same dollar value that or
percentage that it would have been in
22. So, there's no loss and there's no
gain. And so, between this, I'm going to
save about $2,600
in tax liability by doing this. And so
this is one of those things that even if
it doesn't save me money, I'm typically
attempting and working with farms to do
income averaging to create holes so that
in future years if I end up in higher
tax brackets, I hopefully have the three
previous years, those three pre base
years that are going to be lower, that
allows me to move money in. Okay, so
that is income averaging. So we are
almost done. We're going to do two
slides real quickly on federal estate
taxes, which is really estate and gift
taxes because they they have a symbiotic
relationship with themselves. So, in
2026,
um we have a upward limit of per person
that I can gift
up to during my lifetime or pass through
my estate up to $15 million. Now, if
you're married, essentially that's 15
and 15. So theoretically, a married
couple can push through through their
lives up to $30 million tax-free. And
that means nobody's paying taxes on it,
whether I gift it while we're alive or I
wait until I'm dead and it passes
through the estate. Okay, really basic
types of things there. Um, pretty neat,
but you know, we need to be careful. All
it takes is one tax law to change and
this could be reduced. If I was to cut
this from 15 million to 7.5 million
dollars, it's only going to affect less
than 10% of uh of farms across the
country, and I believe it's probably in
that four to 6%. Um, I'd have to go back
and take a look at that. I can cut this
down by 60 70% and still affect very few
farms out there. So, I'm not saying it's
it's bad, but it's going to be have very
difficult consequences to deal with for
those farms that are in fact affected by
that uh change and they don't have a
proper estate plan to help prevent that
from occurring. All right. Number two,
we have spouses that can elect
portability. So, if I was to pass away
and I don't use any of my $15 million,
um my wife um is able to essentially
fill out a tax form or have the tax
professional do it and say, "I'd like to
use my deceased husband's unused portion
of his." It's actually a um um
exemption out there. Sometimes you'll
hear me use the term exclusion. it's
really an exemption um of what is
happening. And so he didn't use his any
of his exemption. So now my wife gets
all $30 million, her 15 plus my 15. But
her 15 since she's still alive, that $15
million will increase with a rate of
inflation every year. So by the time she
passes, she may have 18 million or 20
million or what have you. Or if there's
a piece of legislation change, guess
what? it may go down. So, she may have
only seven and a half million, but she
will still maintain my $15 million.
Okay? Now, we don't have to worry about
a black widow effect. She can't just
keep knocking husbands off and marrying
a new husband and then get portability
from them. It doesn't work that way. And
of course an important piece to remember
um if I pass away with the estate with
with assets in my estate and it gets
passed through the estate there's a step
up in tax basis to those that receive it
and those that receive my assets. If my
assets were used in a trader business
like a tractor and on the date of death
that tractor is worth $25 million and of
course you need to go through and have
everything appraised. the person that
receives that through the estate will be
able to depreciate that tractor out
based on the fair market value of that.
Okay. Now, I said that there's a
symbiotic relationship with gifts and
the estate tax.
And so what this is what I mean by that.
So in 2025 and in 2026, we have the same
annual exemption
for gift tax purposes. And so what that
means is if I was to gift 10 different
people, they don't have to be related.
$19,000 each. That's $190,000 that I
have just passed off as gifts. Nobody is
going to pay taxes on that. Nobody.
Okay. And it doesn't affect my lifetime
limit today of exemption amount of 15
million.
What happens if I give one person? I
only give one person a gift of cash.
Okay. And what happens if I gift them
$20,000? Oh my goodness. So, here's what
happens.
That $20,000.
The first $19,000 is free and clear.
That extra $1,000. Um, since I went over
the $19,000 exemption limit, we have to
file a gift tax forms about one page.
Not that big of a deal. and you have to
work with your tax professional to do
it. And the first $19,000 is free and
clear. That other $1,000 I still don't
have. Nobody has to pay taxes on it. But
I no longer have $15 million left of my
lifetime ex exemption amount. What do I
have? I really have now 14 million
999,000
n Yeah. $99,000.
Okay? So, you're taking 15 million,
you're subtracting $1,000, whatever that
remains, that's what you have left, all
right, to use for the rest of your life.
Once you reach to zero, any money that
gets passed through as a gift while
you're alive or passed through uh your
estate is at death, you as the giver or
you as the deceased who um has the
estate, it is the estate that has to pay
the estate tax on that. And in a very
short period of time, it does not take
much to quickly get up to 40% cost
um for a tax. And so that can be
relatively expensive. So you really want
to make sure you are working on a good
estate succession transition plan
as early as humanly possible to make
sure we know how we're going to be
dealing with things. Okay. Some quick
good practices. Find a tax preparer
early. Don't do it during tax season.
Once January rolls around, it's going to
become difficult and increasingly
difficult. Do it June, July, August. And
then you want to meet with them. You I
will usually say somewhere to before the
last somewhere from about the last
weekend of October um to I find it best
midweek of december,
no later than the second week of
December. That gives you an opportune
time to come up with some possibilities
for some tax management strategies and
for you to work those out before the end
of the year. January, make sure you work
with your tax person or if you do them
on your own to get your 1099s and W2s
out. And by January, February, you need
to start providing records to your tax
professional and so that an appropriate
uh file tax return can be filed for
March. There are some cases where we may
have to wait, maybe eat a penalty, which
is relatively minimal for most cases,
and file in April or file an extension
so that we have until October in most
years to be able to do that. Don't
overutilize special depreciation. And in
fact, consider not even the regular
depreciation, but slowing it out in some
circumstances. Don't overuse prepays.
Work with a team annually. Update your
balance sheet. do a farm analysis every
year. Here are some tax publications to
review. Um as well as um utilize a tax
estimator tool. Go to rural tax.org.
Here are some additional links. Um
Auburn also has some wonderful documents
out there. So let's seek those out. And
here is my contact information.
And with that, I appreciate everybody's
time. Thank you.