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My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

 Then in 2000 my husband and I did a 10 yr. land contract with them for $240,000.00. For entire farm.It stated that if they passed it was to be paid in full and their estate would issue a warranty deed to us. It was paid in full and at that time my dad did a warranty deed to just me for $1. My husband since then has passed away. I want to sell average on farm. How do i figure for capital gains?

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My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

The short answer is that you should probably go to a tax profession that is experienced with farming.


The tricky thing is to determine what adding you to the title in 1992 was about.  It could have been a "Gift", or it could have been merely for Estate planning purposes.

If your parents' filed a Gift Tax return, it would be Gift.  If $240,000 in 2000 was roughly 1/2 of the Fair Market Value, that would support it may have been a Gift.  The fact you were living and working on it supports it may have been a Gift.  If $240,000 was the full value of the property in 2000, then it probably would not have been a Gift.  Adding  you to the title then later selling it to you could go either way.

For the sake of my comments, I'll assume it was a Gift.

That means you received 1/2 of your parents' Basis in 2000.  Their Basis would usually be what he paid for the entire property (including improvements) and then subtract any depreciation (such as on any farm building or a home office in the house).  Unfortunately, in some cases finding out his costs and depreciation can be tricky.

Then you add that to the $240,000 that you paid, plus the cost of any improvements that you made, minus any depreciation that you were eligible to take.


However, you would also need to allocate the $240,000.  Besides farmland, there was the house, perhaps farm buildings (barns, silos, etc., which you need to have been taking depreciation on,and depreciation lowers your "Basis"), and probably some machinery.

So then you may have FOUR Basis' (costs):  (1) farmland (2) farm buildings (with depreciation), (3) machinery and tools, and  (4) the residential home.

When you sell, the sales price will also need to be divided up by those categories.

Because you have been using it as your Main Home the entire time, the sale of the home will likely be tax-free.  Any Gain from the rest of it will be taxable.  The gain from the farm buildings and machinery will likely be  taxed at your regular tax rate (but part of it may be taxed at the long-term capital gain rate).  The gain from the sale of the farmland will likely be taxed at the long-term capital gain rate (usually 15% but there are variable with that).

If you have incorrectly not been taking depreciation on any farm buildings or machinery, a tax professional can file Form 3115 to try to correct that situation.


As you see, it can be quite complicated (and I likely missed a few points), which is why I recommend going to a tax professional that knows farming.

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6 Replies

My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

From 1992 through 2000, did you 'benefit' from the farm?  Live there?  Work there?  Receive any farm profits?  Etc.?

Are you saying you paid the full $240,000?

What State did you live when your husband died?

My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

Yes farmed there full time was my husband's and mine only income. Yes paid the full $240,000.00 it was finished being pd for in 2010 and my dad did a quit claim deed at that point to me for $1.00. . My husband passed in 2012 in the state of Mi. My father passed in 2013.

My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

Lived in farmhouse also.
Carl
Level 15

My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

What are the from/to dates that you and your husband (prior to his passing) lived in the house *as your primary residence*? I can't help here. But I know that TaxGuyBIll needs that information in order to provide you a more complete response.

My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

Also the property im selling is connected to my residence but its a piece of farm land.

My parents added me to farm property in 1992 with a quit claim deed as my father and i listed as joint tenants with full rights of survivorship. Then in 2000 my husband a

The short answer is that you should probably go to a tax profession that is experienced with farming.


The tricky thing is to determine what adding you to the title in 1992 was about.  It could have been a "Gift", or it could have been merely for Estate planning purposes.

If your parents' filed a Gift Tax return, it would be Gift.  If $240,000 in 2000 was roughly 1/2 of the Fair Market Value, that would support it may have been a Gift.  The fact you were living and working on it supports it may have been a Gift.  If $240,000 was the full value of the property in 2000, then it probably would not have been a Gift.  Adding  you to the title then later selling it to you could go either way.

For the sake of my comments, I'll assume it was a Gift.

That means you received 1/2 of your parents' Basis in 2000.  Their Basis would usually be what he paid for the entire property (including improvements) and then subtract any depreciation (such as on any farm building or a home office in the house).  Unfortunately, in some cases finding out his costs and depreciation can be tricky.

Then you add that to the $240,000 that you paid, plus the cost of any improvements that you made, minus any depreciation that you were eligible to take.


However, you would also need to allocate the $240,000.  Besides farmland, there was the house, perhaps farm buildings (barns, silos, etc., which you need to have been taking depreciation on,and depreciation lowers your "Basis"), and probably some machinery.

So then you may have FOUR Basis' (costs):  (1) farmland (2) farm buildings (with depreciation), (3) machinery and tools, and  (4) the residential home.

When you sell, the sales price will also need to be divided up by those categories.

Because you have been using it as your Main Home the entire time, the sale of the home will likely be tax-free.  Any Gain from the rest of it will be taxable.  The gain from the farm buildings and machinery will likely be  taxed at your regular tax rate (but part of it may be taxed at the long-term capital gain rate).  The gain from the sale of the farmland will likely be taxed at the long-term capital gain rate (usually 15% but there are variable with that).

If you have incorrectly not been taking depreciation on any farm buildings or machinery, a tax professional can file Form 3115 to try to correct that situation.


As you see, it can be quite complicated (and I likely missed a few points), which is why I recommend going to a tax professional that knows farming.

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