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Internal Revenue Code, § 464. Limitations On Deductions For Certain Farming Expenses

I.R.C. § 464(a) General Rule
In the case of any taxpayer to whom subsection (d) applies, a deduction (otherwise allowable under this chapter) for amounts paid for feed, seed, fertilizer, or other similar farm supplies shall only be allowed for the taxable year in which such feed, seed, fertilizer, or other supplies are actually used or consumed, or, if later, for the taxable year for which allowable as a deduction (determined without regard to this section).
I.R.C. § 464(b) Certain Poultry Expenses
In the case of any taxpayer to whom subsection (d) applies—
I.R.C. § 464(b)(1)
the cost of poultry (including egg-laying hens and baby chicks) purchased for use in a trade or business (or both for use in a trade or business and for sale) shall be capitalized and deducted ratably over the lesser of 12 months or their useful life in the trade or business, and
I.R.C. § 464(b)(2)
the cost of poultry purchased for sale shall be deducted for the taxable year in which the poultry is sold or otherwise disposed of.
I.R.C. § 464(c) Exception
Subsection (a) shall not apply to any amount paid for supplies which are on hand at the close of the taxable year on account of fire, storm, or other casualty, or on account of disease or drought.
I.R.C. § 464(d) Certain Persons Prepaying 50 Percent Or More Of Certain Farming Expenses
I.R.C. § 464(d)(1) Taxpayer To Whom Subsection Applies
This subsection applies to any taxpayer for any taxable year if such taxpayer—
I.R.C. § 464(d)(1)(A)
does not use an accrual method of accounting,
I.R.C. § 464(d)(1)(B)
has excess prepaid farm supplies for the taxable year, and
I.R.C. § 464(d)(1)(C)
is not a qualified farm-related taxpayer.
I.R.C. § 464(d)(2) Qualified Farm-Related Taxpayer
I.R.C. § 464(d)(2)(A) In General
For purposes of this subsection, the term “qualified farm-related taxpayer” means any farm-related taxpayer if—
I.R.C. § 464(d)(2)(A)(i)
I.R.C. § 464(d)(2)(A)(i)(I)
the aggregate prepaid farm supplies for the 3 taxable years preceding the taxable year are less than 50 percent of,
I.R.C. § 464(d)(2)(A)(i)(II)
the aggregate deductible farming expenses (other than prepaid farm supplies) for such 3 taxable years, or
I.R.C. § 464(d)(2)(A)(ii)
the taxpayer has excess prepaid farm supplies for the taxable year by reason of any change in business operation directly attributable to extraordinary circumstances.
I.R.C. § 464(d)(2)(B) Farm-Related Taxpayer
For purposes of this paragraph, the term “farm-related taxpayer” means any taxpayer—
I.R.C. § 464(d)(2)(B)(i)
whose principal residence (within the meaning of section 121) is on a farm,
I.R.C. § 464(d)(2)(B)(ii)
who has a principal occupation of farming, or
I.R.C. § 464(d)(2)(B)(iii)
who is a member of the family (within the meaning of section 461(k)(2)(E) of a taxpayer described in clause (i) or (ii).
I.R.C. § 464(d)(3) Definitions
For purposes of this subsection—
I.R.C. § 464(d)(3)(A) Excess Prepaid Farm Supplies
The term “excess prepaid farm supplies” means the prepaid farm supplies for the taxable year to the extent the amount of such supplies exceeds 50 percent of the deductible farming expenses for the taxable year (other than prepaid farm supplies).
I.R.C. § 464(d)(3)(B) Prepaid Farm Supplies
The term “prepaid farm supplies” means any amounts which are described in subsection (a) or (b) and would be allowable for a subsequent taxable year under the rules of subsections (a) and (b).
I.R.C. § 464(d)(3)(C) Deductible Farming Expenses
The term “deductible farming expenses” means any amount allowable as a deduction under this chapter (including any amount allowable as a deduction for depreciation or amortization) which is properly allocable to the trade or business of farming.
I.R.C. § 464(e) Farming
For purposes of this section, the term “farming” means the cultivation of land or the raising or harvesting of any agricultural or horticultural commodity including the raising, shearing, feeding, caring for, training, and management of animals. For purposes of the preceding sentence, trees (other than trees bearing fruit or nuts) shall not be treated as an agricultural or horticultural commodity.
(Added by Pub. L. 94-455, title II, 207(a)(1), Oct. 4, 1976, 90 Stat. 1536, and amended by Pub. L. 95-600, title VII, 701(l)(3), Nov. 6, 1978, 92 Stat. 2907; Pub. L. 97-354, 5(a)(30), Oct. 19, 1982, 96 Stat. 1695; Pub. L. 99-514, title IV, 404(a), (b)(1), title VIII, 803(b)(8), Oct. 22, 1986, 100 Stat. 2223, 2224, 2356; Pub. L. 100-647, title I, 1008(a)(4), Nov. 10, 1988, 102 Stat. 3437; Pub. L. 105-34, title III, Sec. 312(d)(1), Aug. 5, 1997, 111 Stat 788; Pub. L. 113-295, Div. A, title II, Sec. 221(a)(58), Dec. 19, 2014, 128 Stat. 4010; Pub. L. 115-141, Div. U, title IV, Sec. 401(a)(118)-(119), Mar. 23, 2018, 132 Stat. 348.)
BACKGROUND NOTES
AMENDMENTS
2018 — Sec. 464. Pub. L. 115-141, Div. U, Sec. 401(a)(118), amended Sec. 464 by inserting “EXPENSES” after “FARMING” in the heading.
Subsec. (d)(2)(B)(iii). Pub. L. 115-141, Div. U, Sec. 401(a)(119), amended clause (iii) by substituting “section 461(k)(2)(E)” for ‘‘subsection (c)(2)(E)’’.
2014 - Subsec. (a). Pub. L. 113-295, Div. A, Sec. 221(a)(58)(A), amended subsec. (a) by substituting “any taxpayer to whom subsection (d) applies” for “any farming syndicate (as defined in subsection (c))”.
Subsec. (b). Pub. L. 113-295, Div. A, Sec. 221(a)(58)(A), amended subsec. (b) by substituting “any taxpayer to whom subsection (d) applies” for “any farming syndicate (as defined in subsection (c))”.
Subsec. (c). Pub. L. 113-295, Div. A, Sec. 221(a)(58)(B)(i), moved subsec. (c) to Sec. 461 and redesignated it as subsec. (j). Before being moved, it read as follows:
“(c) Farming Syndicate Defined.—
“(1) In General.—For purposes of this section, the term “farming syndicate” means—
“(A) a partnership or any other enterprise other than a corporation which is not an S corporation engaged in the trade or business of farming, if at any time interests in such partnership or enterprise have been offered for sale in any offering required to be registered with any Federal or State agency having authority to regulate the offering of securities for sale, or
“(B) a partnership or any other enterprise other than a corporation which is not an S corporation engaged in the trade or business of farming, if more than 35 percent of the losses during any period are allocable to limited partners or limited entrepreneurs.
“(2) Holdings Attributable To Active Management.—For purposes of paragraph (1)(B), the following shall be treated as an interest which is not held by a limited partner or a limited entrepreneur:
“(A) in the case of any individual who has actively participated (for a period of not less than 5 years) in the management of any trade or business of farming, any interest in a partnership or other enterprise which is attributable to such active participation,
“(B) in the case of any individual whose principal residence is on a farm, any partnership or other enterprise engaged in the trade or business of farming such farm,
“(C) in the case of any individual who is actively participating in the management of any trade or business of farming or who is an individual who is described in subparagraph (A) or (B), any participation in the further processing of livestock which was raised in such trade or business (or in the trade or business referred to in subparagraph (A) or (B)),
“(D) in the case of an individual whose principal business activity involves active participation in the management of a trade or business of farming, any interest in any other trade or business of farming, and,
“(E) any interest held by a member of the family (or a spouse of any such member) or a grandparent of an individual described in subparagraph (A), (B), (C), or (D) if the interest in the partnership or the enterprise is attributable to the active participation of the individual described in subparagraph (A), (B), (C), or (D).
“ For purposes of subparagraph (A), where one farm is substituted for or added to another farm, both farms shall be treated as one farm. For purposes of subparagraph (E), the term “family" has the meaning given to such term by section 267(c)(4).”
Subsec. (d). Pub. L. 113-295, Div. A, Sec. 221(a)(58)(D)(i), amended subsec. (d), as redesignated, by striking par. (1) and by redesignating par. (2)-(4) as par. (1)-(3), respectively. Before being struck, par. (1) read as follows:
“(1) In General.—In the case of a taxpayer to whom this subsection applies, subsections (a) and (b) shall apply to the excess prepaid farm supplies of such taxpayer in the same manner as if such taxpayer were a farming syndicate.”
Subsec. (e). Pub. L. 113-295, Div. A, Sec. 221(a)(58)(C)(i), struck subsec. (e). Before being struck, it read as follows:
“(e) Definitions.—For purposes of this section—(1) Farming.—The term “farming” means the cultivation of land or the raising or harvesting of any agricultural or horticultural commodity including the raising, shearing, feeding, caring for, training, and management of animals. For purposes of the preceding sentence, trees (other than trees bearing fruit or nuts) shall not be treated as an agricultural or horticultural commodity. (2) Limited Entrepreneur.—The term “limited entrepreneur” means a person who—(A) has an interest in an enterprise other than as a limited partner, and (B) does not actively participate in the management of such enterprise.”
Subsec. (f). Pub. L. 113-295, Div. A, Sec. 221(a)(58)(C)(i), redesignated subsec. (f) as subsec.(d).
Subsec. (g). Pub. L. 113-295, Div. A, Sec. 221(a)(58)(C)(i), struck (g). Before being struck, it read as follows:
“(g) Termination.—Except as provided in subsection (f), subsections (a) and (b) shall not apply to any taxable year beginning after December 31, 1986.”
1997--Subsec. (f)(3)(B)(i). Pub. L. 105-34, Sec. 312(d)(1), amended clause (i) by substituting “section 121” for “section 1034”.
1988--Subsec. (g). Pub. L. 100-647 added subsec. (g).
1986--Pub. L. 99-514, 404(b)(1), substituted “for certain farming” for “in case of farming syndicates” in section catchline.
Subsec. (d). Pub. L. 99-514, 803(b)(8), substituted “Exception” for “Exceptions” as heading and amended text generally. Prior to amendment, text read as follows: “Subsection (a) shall not apply to--
“(1) any amount paid for supplies which are on hand at the close of the taxable year on account of fire, storm, flood, or other casualty or on account of disease or drought, or
“(2) any amount required to be charged to capital account under section 278.”
Subsec. (f). Pub. L. 99-514, 404(a), added subsec. (f).
1982--Subsec. (c)(1)(A), (B). Pub. L. 97-354 substituted “an S corporation” for “an electing small business corporation (as defined in section 1371(b))”.
1978--Subsec. (c)(2). Pub. L. 95-600 substituted in subpar. (E) “(or a spouse of any such member)” for “(within the meaning of section 267(c)(4))” and provided that for purposes of subpar. (E) the term “family” has the meaning given to such term by section 267(c)(4).
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendments by Pub. L. 115-141, Div. U, Sec. 401(a)(118)-(119), effective March 23, 2018.
EFFECTIVE DATE OF 2014 AMENDMENTS
Amendments by Pub. L. 113-295, Div. A, Sec. 221(a)(58), effective on the date of the enactment of this Act [Enacted: Dec. 19, 2014].
Section 221(b)(2) of Pub. L. 113-295, Div. A, provided the following Savings Provision:
“(2) SAVINGS PROVISION.—If—
“(A) any provision amended or repealed by the amendments made by this section applied to—
“(i) any transaction occurring before the date of the enactment of this Act [Enacted: Dec. 19, 2014],
“(ii) any property acquired before such date of enactment, or
“(iii) any item of income, loss, deduction, or credit taken into account before such date of enactment, and
“(B) the treatment of such transaction, property, or item under such provision would (without regard to the amendments or repeals made by this section) affect the liability for tax for periods ending after date of enactment, nothing in the amendments or repeals made by this section shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment.”
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendment by Sec. 312(d)(1) of Pub. L. 105-34 effective for sales and exchanges after May 6, 1997. Sec. 312(d)[e] of Pub. L. 105-34 provided special rules, which are set out in section 121.
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 404(c) of Pub. L. 99-514 provided that: “The amendments made by this section [amending this section] shall apply to amounts paid or incurred after March 1, 1986, in taxable years beginning after such date.”
Amendment by section 803(b)(8) of Pub. L. 99-514 applicable to costs incurred after Dec. 31, 1986, in taxable years ending after such date, except as otherwise provided, see section 803(d) of Pub. L. 99-514, set out as an Effective Date note under section 263A of this title.
EFFECTIVE DATE OF 1982 AMENDMENTS
Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title.
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95-600 effective as if included in this section or section 447 of this title at the time of their enactment, Oct. 4, 1976, see section 701(l)(4) of Pub. L. 95-600, set out as a note under section 447 of this title.
EFFECTIVE DATE
Section 207(a)(3) of Pub. L. 94-455 provided that:
“(A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection [enacting this section] shall apply to taxable years beginning after December 31, 1975.
“(B) Transitional rule.--In the case of a farming syndicate in existence on December 31, 1975, and for which there was no change of membership throughout its taxable year beginning in 1976, the amendments made by this subsection shall apply to taxable years beginning after December 31, 1976.”