§ 1252. Gain from disposition of farm land
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/usc/title-26/section-1252A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 applicablepercentage is— Within 5 years after the date it was acquired100 percent. Within the sixth year after it was acquired80 percent. Within the seventh year after it was acquired60 percent. Within the eighth year after it was acquired40 percent. Within the ninth year after it was acquired20 percent. 10 years or more years after it was acquired0 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.
(Added Pub. L. 91–172, title II, § 214(a), Dec. 30, 1969, 83 Stat. 572; amended Pub. L. 94–455, title XIX, §§ 1901(b)(3)(K), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1793, 1834; Pub. L. 98–369, div. A, title IV, § 492(b)(5), July 18, 1984, 98 Stat. 854; Pub. L. 99–514, title IV, § 402(b)(2), Oct. 22, 1986, 100 Stat. 2221; Pub. L. 113–295, div. A, title II, § 221(a)(85), Dec. 19, 2014, 128 Stat. 4049; Pub. L. 115–141, div. U, title IV, § 401(b)(32), Mar. 23, 2018, 132 Stat. 1204.)
Connections3 cite this · traces to 7
Cited by 3 sections
public-private-law
statutes-at-large
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 98–369To provide for tax reform, and for deficit reduction
Traces to 7 documents
public-private-law
20 references not yet in our index
- Pub. L. 91–172, title II, § 214(a)
- 83 Stat. 572
- Pub. L. 94–455, title XIX
- 90 Stat. 1793
- Pub. L. 98–369, div. A, title IV, § 492(b)(5)
- 98 Stat. 854
- Pub. L. 99–514, title IV, § 402(b)(2)
- 100 Stat. 2221
- 128 Stat. 4049
- 132 Stat. 1204
- Pub. L. 99–514
- Pub. L. 98–369
- Pub. L. 94–455, § 1901(b)(3)(K)
- Pub. L. 94–455, § 1906(b)(13)(A)
- section 402(c) of Pub. L. 99–514
- section 492(d) of Pub. L. 98–369
- section 1901(b)(3)(K) of Pub. L. 94–455
- section 1901(d) of Pub. L. 94–455
- Pub. L. 91–172, title II, § 214(c)
- 83 Stat. 573
Citation graph
cites case law
§ 1252
Gain from disposition of farm land
Stat.×2
Pub. L.×1
Pub. L.Pub. L. 91–172, title II, § 214(a)
Stat.83 Stat. 572
Pub. L.Pub. L. 94–455, title XIX
Stat.90 Stat. 1793
Pub. L.Pub. L. 98–369, div. A, title IV, § 492(b)(5)
Cites 27 · showing 12Cited by 3 across 2 sources