Internal Revenue Code (Title 26 U.S.C.)
26 U.S.C. § 1252
Gain from disposition of farm land
# (a) General rule
(1) Ordinary income Except as otherwise provided in this section, if farm land which the taxpayer has held for less than 10 years is disposed of, the lower of— (A) the applicable percentage of the aggregate of the deductions allowed under section 175 (relating to soil and water conservation expenditures) for expenditures made by the taxpayer with respect to the farm land or (B) the excess of— (i) the amount realized (in the case of a sale, exchange, or involuntary conversion), or the fair market value of the farm land (in the case of any other disposition), over (ii) the adjusted basis of such land, shall be treated as ordinary income. Such gain shall be recognized notwithstanding any other provision of this subtitle.
(2) Farm land For purposes of this section, the term "farm land" means any land with respect to which deductions have been allowed under section 175 (relating to soil and water conservation expenditures).
(3) Applicable percentage For purposes of this section— If the farm land is disposed of— The applicable percentage is— Within 5 years after the date it was acquired 100 percent. Within the sixth year after it was acquired 80 percent. Within the seventh year after it was acquired 60 percent. Within the eighth year after it was acquired 40 percent. Within the ninth year after it was acquired 20 percent. 10 years or more years after it was acquired 0 percent.
# (b) Special rules
Under regulations prescribed by the Secretary, rules similar to the rules of section 1245 shall be applied for purposes of this section.
Source: view the official text
Nearby sections (25 sections)
- 1239 · Gain from sale of depreciable property between certain related…
- 1240 · [§1240. Repealed. Pub. L. 94–455, title XIX, §1901(a)(139), Oct.…
- 1241 · Cancellation of lease or distributor's agreement
- 1242 · Losses on small business investment company stock
- 1243 · Loss of small business investment company
- 1244 · Losses on small business stock
- 1245 · Gain from dispositions of certain depreciable property
- 1246 · [§§1246, 1247. Repealed. Pub. L. 108–357, title IV, §413(a)(2),…
- 1248 · Gain from certain sales or exchanges of stock in certain foreign…
- 1249 · Gain from certain sales or exchanges of patents, etc., to…
- 1250 · Gain from dispositions of certain depreciable realty
- 1251 · [§1251. Repealed. Pub. L. 98–369, div. A, title IV, §492(a),…
- 1252 · Gain from disposition of farm land
- 1253 · Transfers of franchises, trademarks, and trade names
- 1254 · Gain from disposition of interest in oil, gas, geothermal, or…
- 1255 · Gain from disposition of section 126 property
- 1256 · Section 1256 contracts marked to market
- 1257 · Disposition of converted wetlands or highly erodible croplands
- 1258 · Recharacterization of gain from certain financial transactions
- 1259 · Constructive sales treatment for appreciated financial positions
- 1260 · Gains from constructive ownership transactions
- 1271 · Treatment of amounts received on retirement or sale or exchange…
- 1272 · Current inclusion in income of original issue discount
- 1273 · Determination of amount of original issue discount
- 1274 · Determination of issue price in the case of certain debt…