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Sec. 1252 Gain from disposition of farm land

  • Internal Revenue Code of 1986
  • Chapter 1 -- Normal Taxes and Surtaxes
  • Subchapter P -- Capital Gains and Losses
  • Part IV -- Special rules for determining capital gains and losses

(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.

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