Special estate tax provisions for farmers should be simplified to achieve fair distribution of benefits: report
U.S. General Accounting Office, 1981 - 89 lappuses
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able acres actual adjusted administration advantage agricultural amount annual APPENDIX assets attorneys average basis believe benefits burden capitalization cash rent cash rental changes chapter comparable Congress considered containing continue costs County crop share death debts decedent decedent's deduction deferred Department determine differences difficult district effective electing electing special ERTA estate planning estate tax provisions estimated executor factor fair market value family farms farm estates farmers farmland Federal estate tax forced formula gift gross estate heirs illiquid included income increased inheritors interest interviewed land lease less liability limited liquidity loan located major material participation method million Office operation owners percent period problems production qualified reasons receive reduced regional rent requirements result returns sample sell sold special estate tax special use valuation tax saving taxable transfers
6. lappuse - The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts.
9. lappuse - ... residential buildings, and related improvements located on qualifying real property if such buildings are occupied on a regular basis by the owner or lessee of the real property (or by employees of the owner or lessee) for the purpose of operating or maintaining the real property or the business conducted on the property.
10. lappuse - If, within 15 years after the death of the decedent (but before the death of the qualified heir), the property is disposed of to nonfamily members or ceases to be used for farming or other closely held business purposes, all or a portion of the Federal estate tax benefits obtained by virtue of the reduced valuation will be recaptured by means of a special "additional estate tax" imposed on the qualified heir.
84. lappuse - Material participation shall be determined in a manner similar to the manner used for purposes of paragraph (1) of section 1402(a) (relating to net earnings from selfemployment).
11. lappuse - In some cases, the greater estate tax burden makes continuation of farming, or the closely held business activities, not feasible because the income potential from these activities is insufficient to service extended tax payments or loans obtained to pay the tax. Thus, the heirs may be forced to sell the land for development purposes.
8. lappuse - The capitalization of income which the property can be expected to yield for farming or closely held business purposes over a reasonable period of time under prudent management using traditional cropping patterns for the area, taking into account soil capacity, terrain configuration, and similar factors...
39. lappuse - ... (ii) The average annual effective interest rate for all new Federal Land Bank loans. For purposes of this rule, each average annual computation is to be made on the basis of the 5 most recent calendar years ending before the date of the decedent's death. The special farm valuation method is provided to permit the executor, in many situations, to achieve a substantial amount of certainty in arriving at use valuation for farmland as well as to eliminate nonfarm factors in valuing farmland. Since...
11. lappuse - Valuation on the basis of highest and best use, rather than actual use, may result in the imposition of substantially higher estate taxes. In some cases, the greater estate tax burden makes continuation of farming, or the...
6. lappuse - ... business (including a farm). Under this provision, the executor can elect to defer principal payments for up to 5 years from the due date of the estate tax return. However, interest for the first 5 years is payable annually.
9. lappuse - Qualified real property also includes roads, buildings, and other structures and improvements functionally related to the qualified use. On the other hand, elements of value which are not related to the farm or business use (such as mineral rights) are not to be eligible for special use valuation. For example, if there is an oil lease on a farm, the full value of the lease is to be taken into account for estate tax purposes. Similarly, if there are buildings or other improvements on (or contiguous...