Enlarge image | Farm Rental Income and Expenses OMB No. 1545-0074 Form 4835 (Crop and Livestock Shares (Not Cash) Received by Landowner (or Sub-Lessor)) (Income Not Subject to Self-Employment Tax) Department of the Treasury Attach to Form 1040, 1040-SR, or 1040-NR. 2023 Attachment Internal Revenue Service Go to www.irs.gov/Form4835 for the latest information. Sequence No. 37 Name(s) shown on tax return Your social security number Employer ID number (EIN), if any A Did you actively participate in the operation of this farm during 2023? See instructions . . . . . . . Yes No Part I Gross Farm Rental Income—Based on Production. Include amounts converted to cash or the equivalent. 1 Income from production of livestock, produce, grains, and other crops . . . . . . . . . . 1 2 a Cooperative distributions (Form(s) 1099-PATR) . . 2a 2b Taxable amount 2b 3 a Agricultural program payments (see instructions) . . 3a 3b Taxable amount 3b 4 Commodity Credit Corporation (CCC) loans (see instructions): a CCC loans reported under election . . . . . . . . . . . . . . . . . . . . . . 4a b CCC loans forfeited . . . . . . . . . . . 4b 4c Taxable amount 4c 5 Crop insurance proceeds and federal crop disaster payments (see instructions): a Amount received in 2023 . . . . . . . . . . 5a 5b Taxable amount 5b c If election to defer to 2024 is attached, check here 5d Amount deferred from 2022 . . . . 5d 6 Other income, including federal and state gasoline or fuel tax credit or refund (see instructions) . . 6 7 Gross farm rental income. Add amounts in the right column for lines 1 through 6. Enter the total here and on Schedule E (Form 1040), line 42 . . . . . . . . . . . . . . . . . . . . . 7 Part II Expenses—Farm Rental Property. Do not include personal or living expenses. 8 Car and truck expenses (see 21 Pension and profit-sharing Schedule F (Form 1040) instructions). plans . . . . . . . . 21 Also attach Form 4562 . . . . . 8 22 Rent or lease: 9 Chemicals . . . . . . . . . 9 a Vehicles, machinery, and 10 Conservation expenses (see instructions) 10 equipment (see instructions) 22a 11 Custom hire (machine work) . . . . 11 b Other (land, animals, etc.) . . 22b 12 Depreciation and section 179 expense 23 Repairs and maintenance . 23 deduction not claimed elsewhere . . 12 24 Seeds and plants . . . . 24 13 Employee benefit programs other than 25 Storage and warehousing . 25 on line 21 (see Schedule F (Form 1040) 26 Supplies . . . . . . . 26 instructions) . . . . . . . . . 13 27 Taxes . . . . . . . . 27 14 Feed . . . . . . . . . . . 14 28 Utilities . . . . . . . . 28 15 Fertilizers and lime . . . . . . . 15 29 Veterinary, breeding, and 16 Freight and trucking . . . . . . 16 medicine . . . . . . . 29 17 Gasoline, fuel, and oil . . . . . . 17 30 Other expenses (specify): 18 Insurance (other than health) . . . 18 a 30a 19 Interest (see instructions): b 30b a Mortgage (paid to banks, etc.) . . . 19a c 30c b Other . . . . . . . . . . . 19b d 30d 20 Labor hired (less employment credits) e 30e (see Schedule F (Form 1040) f 30f instructions) . . . . . . . . . 20 g 30g 31 Total expenses. Add lines 8 through 30g. See instructions . . . . . . . . . . . . . . 31 32 Net farm rental income or (loss). Subtract line 31 from line 7. If the result is income, enter it here and on Schedule E (Form 1040), line 40. If the result is a loss, you must go to line 34. See instructions . 32 33 Reserved for future use . . . . . . . . . . . . . . . . . . . . . . . . . . 33 34 If line 32 is a loss, check the box that describes your investment in this activity. 34a All investment is at risk. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . } 34b Some investment is not at risk. c You may have to complete Form 8582 to determine your deductible loss, regardless of which box you checked. If you checked box 34b, you must complete Form 6198 before going to Form 8582. In either case, enter the deductible loss here and on Schedule E (Form 1040), line 40. See instructions. 34c For Paperwork Reduction Act Notice, see your tax return instructions. Cat. No. 13117W Form 4835 (2023) |
Enlarge image | Form 4835 (2023) Page 2 General Instructions “material participation,” see the instructions for Schedule C (Form 1040), Profit or Loss From Business (Sole Section references are to the Internal Revenue Code Proprietorship), line G. For more information on qualified unless otherwise noted. joint ventures, go to www.irs.gov/QJV. Future developments. For the latest information about Additional information. See the Instructions for developments related to Form 4835 and its instructions, Schedule F (Form 1040), Profit or Loss From Farming, such as legislation enacted after they were published, go and Pub. 225 for more information. to www.irs.gov/Form4835. Purpose of Form Specific Instructions If you were the landowner (or sub-lessor) and did not Employer ID number (EIN). You need an EIN only if you materially participate (for self-employment tax purposes) had a qualified retirement plan or were required to file an in the operation or management of the farm, use Form employment; excise; estate; trust; partnership; or alcohol, 4835 to report farm rental income based on crops or tobacco, and firearms tax return. If you need an EIN, see livestock produced by the tenant. See chapter 12 in Pub. the Instructions for Form SS-4. 225, Farmer’s Tax Guide, for the definition of material Line A. Generally, you are considered to actively participation for landlords. participate if you participated in making management Use this form only if the activity was a rental activity for decisions or arranging for others to provide services purposes of the passive activity loss limitations. See the (such as repairs) in a significant and bona fide sense. Instructions for Form 8582, Passive Activity Loss Management decisions that are relevant in this context Limitations, for the definition of “rental activity.” include approving new tenants, deciding on rental terms, If you have net income on line 32, your tax may be less approving capital or repair expenditures, and other similar if you figure it using Schedule J (Form 1040). decisions. You do not, however, actively participate if at any time during the year your interest (including your Do not use Form 4835 if you were a/an: spouse’s interest) in the activity was less than 10% (by • Tenant—instead use Schedule F (Form 1040) to report value) of all interests in the activity. farm income and expenses; Part I. Gross Farm Rental Income—Based on • Landowner (or sub-lessor) and materially participated in Production the operation or management of the farm—instead use Schedule F (Form 1040) to report farm income and Line 1. Report income you received from livestock, expenses; produce, grains, and other crops based on production. Under both the cash and the accrual methods of • Landowner (or sub-lessor) and received cash rent for accounting, you must report livestock or crop share pasture or farmland based on a flat charge—instead rentals received in the year you convert them into money report as income on Schedule E (Form 1040), Part I; or its equivalent. • Estate or trust with rental income and expenses from Lines 2a and 2b. Enter on line 2a your total distributions crop and livestock shares—instead report on Schedule E from cooperatives as shown on Form 1099-PATR, (Form 1040), Part I; or Taxable Distributions Received From Cooperatives. On • Partnership or S corporation with rental income and line 2b, report the taxable amount. See the instructions expenses from crop and livestock shares—instead report for Schedule F (Form 1040), lines 3a and 3b. on Form 8825. Lines 3a and 3b. Enter on line 3a the total agricultural Qualified joint ventures.If you and your spouse each program payments you received. On line 3b, report the materially participated as the only members of a jointly taxable amount. See the instructions for Schedule F owned and operated farm rental business, and you filed a (Form 1040), lines 4a and 4b. joint return for the tax year, you can make an election to Lines 4a through 4c. Report the full amount of be taxed as a qualified joint venture instead of a Commodity Credit Corporation (CCC) loans forfeited, partnership. This election in most cases will not increase even if you reported the loan proceeds as income. See the total tax owed on the joint return, but it does give the instructions for Schedule F (Form 1040), lines 5a each of you credit for social security earnings on which through 5c. retirement benefits are based and for Medicare coverage without filing a partnership return. Lines 5a through 5d. In general, you must report crop insurance proceeds in the year you receive them. Federal If you and your spouse make the election and you crop disaster payments are treated as crop insurance didn’t materially participate (for self-employment tax proceeds. However, if you use the cash method of purposes) in the operation or management of the farm, accounting and 2023 was the year of damage, you can but maintained the farm as a rental business, you each elect to include certain proceeds in income for 2023. To can file a separate Form 4835 to report your share of farm do this, check the box on line 5c and attach a statement rental income based on crops or livestock produced by to your return. See chapter 3 of Pub. 225. the tenant. If you and your spouse did materially participate (for self-employment tax purposes) in the Generally, if you elect to defer any eligible crop operation or management of the farm, you each must file insurance proceeds, you must defer all such crop a separate Schedule F (Form 1040). For an explanation of insurance proceeds (including federal crop disaster payments). |
Enlarge image | Form 4835 (2023) Page 3 For details on how to complete lines 5a through 5d, see Lines 30a through 30g. Enter expenses not listed on the instructions for Schedule F (Form 1040), lines 6a another line. See the instructions for Schedule F (Form through 6d. 1040), lines 32a through 32f. If you are required to Line 6. Use this line to report income not shown on lines capitalize expenses, seeHow to report under Capitalizing 1 through 5d. See the instructions for Schedule F (Form costs of producing property and acquiring property for 1040), line 8. resale on this page. Line 31. If you entered capitalized expenses on line 30g, Part II. Expenses—Farm Rental Property your total expenses on line 31 will equal the total of lines Capitalizing costs of producing property and 8 through 30f reduced by the amount on line 30g. acquiring property for resale. If you produced real or Line 32. If line 31 is more than line 7, don’t enter your tangible personal property or acquired property for resale, loss on line 32. If you have a loss, you must apply the certain expenses may have to be included in inventory at-risk rules and the passive activity loss rules. To apply costs or capitalized. These expenses include the direct these rules, follow the instructions for line 34 and the costs of the property and the share of any indirect costs Instructions for Form 8582. After applying these rules, the allocable to that property. For details and exceptions, see amount of your allowable loss may be smaller than the Capitalizing costs of producing property and acquiring amount figured by subtracting line 31 from line 7. property for resale in the Instructions for Schedule F (Form 1040). • If line 7 is more than line 31 and you don’t have prior year unallowed passive activity losses from this activity, How to report. Do not reduce your expenses on lines 8 subtract line 31 from line 7. The result is your net farm through 30f by the expenses you must capitalize. Instead, rental income. enter the total amount capitalized in parentheses on line 30g. On the line to the left of the line 30g entry space, • If line 7 is more than line 31 and you have prior year enter “263A.” unallowed passive activity losses from this activity, don’t enter your net farm rental income on line 32 until you have Line 10. Expenses you paid or incurred for soil and water figured the amount of prior year unallowed passive conservation, prevention of erosion, or endangered activity losses you may claim this year. Use Form 8582 to species recovery can be deducted only if they are figure the amount of prior year unallowed passive activity consistent with a conservation plan approved by the losses you may include on line 32. If there is a net loss Natural Resources Conservation Service of the after applying the prior year unallowed loss against the Department of Agriculture or a recovery plan approved net farm rental income, enter zero on line 32 and enter the pursuant to the Endangered Species Act of 1973 for the net loss on line 34c. Indicate that you are including prior area in which your land is located. If no plan exists, your year passive activity losses by entering “PAL” on the expenses must be consistent with a plan of a comparable dotted line to the left of the entry space for line 32. state agency. Your deduction, however, cannot exceed 25% of your gross income from farming. See the Note: You may need to include information from Form instructions for Schedule F (Form 1040), line 12. 4835 on Form 8582 even if you have a net profit. For more information, see the Instructions for Form 8582. Line 12. Enter your depreciation and section 179 expense deduction. For details, including whether you must file Line 34. To determine your deductible loss, you may Form 4562, Depreciation and Amortization, see chapter 7 need to complete Form 8582 regardless of whether you of Pub. 225 and the Instructions for Form 4562. checked box 34a or 34b. However, if you checked box 34b, you must complete Form 6198, At-Risk Limitations, Lines 19a and 19b. Your interest expense could be before you complete Form 8582. See the instructions for limited. See the Instructions for Form 8990 for more Schedule F (Form 1040), line 36. information. Do not complete Form 8582 if either of the following The tax treatment of interest expense differs depending applies. on its type. For example, home mortgage interest and investment interest are treated differently. You must • You meet all of the conditions listed under Exception for allocate (classify) your interest expense so it is deducted Certain Rental Real Estate Activities in the Instructions for (or capitalized) on the correct line of your tax return and it Schedule E (Form 1040). Instead, enter your deductible gets the right tax treatment. These rules could affect how loss on line 34c and on Schedule E (Form 1040), line 40. much interest you are allowed to deduct on Form 4835. • You were a real estate professional (as defined in the See the instructions for Schedule F (Form 1040), lines 21a Instructions for Schedule E (Form 1040)) and you and 21b. materially participated in the operation of this activity Line 22a. If you rented or leased vehicles, machinery, or (under the passive loss rules). See the Instructions for equipment, enter on line 22a the business portion of your Form 8582 for the definition of material participation. Your rental cost. But if you leased a vehicle for a term of 30 loss is not subject to the passive activity loss limitations. days or more, you may have to reduce your deduction by Instead, enter your deductible loss on line 34c and on an inclusion amount. See Leasing a Car in Pub. 463, Schedule E (Form 1040), line 40. Also include the loss in Travel, Gift, and Car Expenses. the total for Schedule E (Form 1040), line 43. |