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Soil conservation expenses and tax implications for landowner and tenant

Who can deduct these expenses and when may depend upon your leasing arrangement.

Tom Bechman 1, Editor, Indiana Prairie Farm

November 23, 2015

2 Min Read

If you're trying to talk a landowner into enrolling in a soil conservation program and using tax benefits as a carrot, you may want to check the tax rules. Whether a landowner can deduct soil conservation expenses now, or whether he has to roll it into the basis of the farm, may depend upon the type of lease you have with him.

Related: Tax implications to a landowner switching to flexible cash lease from fixed cash rent

Ed Farris, Huntington County Extension ag educator, is a member of the Purdue University Land Lease Team. The statewide team provides information to answer these types of questions. Ag Economics specialists assist them in finding answers.

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The question is germane now because you may be considering switching to a flexible cash lease from a fixed lease with your landowner. In most cases, there won't be an effect.

If the landowner wasn't materially participating in the farm operation under the IRS definition with a fixed cash lease, then he likely isn't materially participating under a flexible cash lease either. In either type of lease as long as he is not materially participating, the landowner can't deduct soil and water conservation expenses on his annual tax return.

However, that doesn't mean he can't recoup credit for tax purposes down the road. If he invests in soil conservation practices and spends money now, these expenses will be added to the basis of the farm land value.

Related: Addressing the 5 Myths of Ag Landlord Rights

Tenants, on the other hand, generally can deduct soil conservation expenses. There are some limitations, so visit with your tax accountant or consultant.

If a landowner is materially participating in the operation, then he or she can deduct soil conservation expenses according to IRS guidelines. Generally, the deduction for soil conservation expenses in any one year is limited to 25% of a person's gross income from farming. Unused deductions can be carried over to later tax years in most cases.

About the Author

Tom Bechman 1

Editor, Indiana Prairie Farm

Tom Bechman is an important cog in the Farm Progress machinery. In addition to serving as editor of Indiana Prairie Farmer, Tom is nationally known for his coverage of Midwest agronomy, conservation, no-till farming, farm management, farm safety, high-tech farming and personal property tax relief. His byline appears monthly in many of the 18 state and regional farm magazines published by Farm Progress.

"I consider it my responsibility and opportunity as a farm magazine editor to supply useful information that will help today's farm families survive and thrive," the veteran editor says.

Tom graduated from Whiteland (Ind.) High School, earned his B.S. in animal science and agricultural education from Purdue University in 1975 and an M.S. in dairy nutrition two years later. He first joined the magazine as a field editor in 1981 after four years as a vocational agriculture teacher.

Tom enjoys interacting with farm families, university specialists and industry leaders, gathering and sifting through loads of information available in agriculture today. "Whenever I find a new idea or a new thought that could either improve someone's life or their income, I consider it a personal challenge to discover how to present it in the most useful form, " he says.

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