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TIMBER DEPLETION
DEDUCTION
By Jim Burns
In my last article, I explained that timber sale income
should be reported as capital gain for income tax purposes. This
insures that you will only be taxed at the lowest tax rates of
5% to 15%. If you mistakenly report this same sale as ordinary
income, the government will be happy to collect your taxes based
on much higher ordinary tax rates. You have a three-year period
in which to amend this mistake, but don't expect to get a letter
or call from the IRS informing you that you'd paid more than was
necessary!
In any event, when you report your timber income as a capital
gain, you are entitled to take a Timber Depletion Deduction from
the gross revenue to arrive at a net profit which is then taxed
at the federal capital gains tax rates. This depletion deduction
is calculated in the same manner whether you report income under
Section 631 (a) or 631 (b) of the IRS Code.
The depletion deduction is a tax free return of how much the
trees (timber), growing on your land, cost at the date you
acquired the property. "But I didn't pay anything for trees or
timber when I received the property" you say. Exactly!
In this region of the country, a timberland purchase is
normally for a lump-sum amount of money, say $150,000.00. This
purchase price includes the acreage of soil involved plus the
trees and any other components of value, such as a house or
water frontage that comes with the land. So your $150,000.00
bought you a collection of assets, which individually contain
fair market values as of the date of acquisition.
In order to separate the value of each of these assets, an
appraisal is required. Using standard appraisal methods, let's
say I find that this property has asset values of: Summer Cabin:
$60,000.00, River Frontage: $10,000.00, Bare Land Value:
$20,000.00, Timber: $110,000.00
Total $200,000.00 Does this mean that the cost basis in the
property is $200,000.00? Absolutely not! The cost basis in the
property is what you paid for it-$150,000.00. The whole
appraisal process revealed that the relative value of each asset
to the whole is: Summer Cabin 30%: $45,000.00, River Frontage
5%: $7,500.00, Bare Land Value 10%: $15,000.00, Timber 55%:
$82,500.00, Total $150,000.00.
Continuing with this example, let's further say that
the timber growing on the land was good quality sugar maple and
red oak with a total merchantable volume of 200 MBF (thousand
board feet). The timber depletion deduction for this property is
then $82,500.00 divided by 200 MBF or $412.50 per MBF.
This means that for every thousand board feet of sawtimber
you sell you will get to deduct $412.50 from the sale price to
arrive at your taxable income. In this example, let's assume you
sold some of the timber for $400.00 per MBF. If this were the
case, you would have a loss of $12.50 for every MBF sold. This
loss would be deducted from any other capital gain you might
have and/or have a recovery against ordinary income.
The foregoing example illustrates an outright purchase of
forestland, but there are a number of different ways that one
can acquire property, each of which has a direct bearing on the
cost basis. Remember, the higher the cost basis, the less income
you will pay.
Two other common ways that people acquire land are:
1.) You receive the timberland as a gift; or
2.) You inherit it from another person after their death.
In the first situation, Grandpa bought the property in 1938
for a total sum of $40.00. In 1968 he then deeded the land to
your father as a gift. Last year, your father does the same and
gives the property to you. The sentiment is nice, but you now
have a property worth $150,000.00 and a cost basis for depletion
of only $40.00. This was not such a good deal if you are trying
to minimize taxes.
The better option would have been for your father to allow
you to inherit the property upon his death which would give you
the current market value of $150,000.00 for your new cost basis.
Keep in mind that expenses, such as legal fees, surveying,
cruising of timber or other closing costs are also included in
the cost basis when you purchase or otherwise acquire a
property. Any subsequent capital expenses to the property such
as tree planting, road building, etc., are also added to your
cost basis.
Jim Burns is a professional
forester who owns and operates Burns Forestry Consultants and
Timber Tax Services. For more information, call him at
989/348-3596 or 906/ 364-3238 with your questions.
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