§1062 — Title 26 Internal Revenue Code | U.S. Code

Summary

You can choose to pay the tax on gain from selling qualified farmland to a qualified farmer in four equal yearly payments. The first payment is due on the regular tax return due date for the year of the sale (no extensions). Each remaining payment is due on that same return due date in the next three years. If you miss a payment, all the rest becomes due right away. If an individual seller dies, the remaining amounts are due by the return due date for the year of death. If a C corporation, trust, or estate is liquidated, sells almost all assets, stops doing business, or has a similar event (including certain bankruptcies), the unpaid amounts are due at that time, unless the buyer agrees with the IRS to take over the payments. If the IRS later finds extra tax is owed on that gain, it will spread that extra tax across the installments. The part for future installments is collected with those installments; the part for installments already due is collected immediately. That spreading does not apply if the extra tax is because of negligence, intentional disregard, or fraud. You must make the election by the tax return due date for the year of the sale and attach a copy of the 10-year farm-use restriction to the return. Quick definitions: applicable net tax liability = the extra tax caused by the gain; net income tax = regular tax minus certain credits; qualified farmland property = U.S. farm land used or leased for farming and legally restricted to farm use for 10 years after sale; qualified farmer = an individual actively farming under the Food Security Act.

Title 26, §1062

Internal Revenue Code — Source: USLM XML via OLRC

(a)In the case of gain from the sale or exchange of qualified farmland property to a qualified farmer, at the election of the taxpayer, the portion of the net income tax of such taxpayer for the taxable year of the sale or exchange which is equal to the applicable net tax liability shall be paid in 4 equal installments.

(b)(1)If an election is made under subsection (a), the first installment shall be paid on the due date (determined without regard to any extension of time for filing the return) for the return of tax for the taxable year in which the sale or exchange occurs and each succeeding installment shall be paid on the due date (as so determined) for the return of tax for the taxable year following the taxable year with respect to which the preceding installment was made.

(2)(A)If there is an addition to tax for failure to timely pay any installment required under this section, then the unpaid portion of all remaining installments shall be due on the date of such failure.

(B)In the case of an individual, if the individual dies, then the unpaid portion of all remaining installment shall be paid on the due date for the return of tax for the taxable year in which the taxpayer dies.

(C)In the case of a taxpayer which is a C corporation, trust, or estate, if there is a liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), a cessation of business by the taxpayer (in the case of a C corporation), or any similar circumstance, then the unpaid portion of all remaining installments shall be due on the date of such event (or in the case of a title 11 or similar case, the day before the petition is filed). The preceding sentence shall not apply to the sale of substantially all the assets of a taxpayer to a buyer if such buyer enters into an agreement with the Secretary under which such buyer is liable for the remaining installments due under this subsection in the same manner as if such buyer were the taxpayer.

(3)If an election is made under subsection (a) to pay the applicable net tax liability in installments and a deficiency has been assessed with respect to such applicable net tax liability, the deficiency shall be prorated to the installments payable under subsection (a). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This section shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.

(c)(1)Any election under subsection (a) shall be made not later than the due date for the return of tax for the taxable year described in subsection (a).

(2)In the case of a sale or exchange described in subsection (a) by a partnership or S corporation, the election under subsection (a) shall be made at the partner or shareholder level. The Secretary may prescribe such regulations or other guidance as necessary to carry out the purposes of this paragraph.

(d)For purposes of this section—

(1)(A)The applicable net tax liability with respect to the sale or exchange of any property described in subsection (a) is the excess (if any) of—

(i)such taxpayer’s net income tax for the taxable year, over

(ii)such taxpayer’s net income tax for such taxable year determined without regard to any gain recognized from the sale or exchange of such property.

(B)The term “net income tax” means the regular tax liability reduced by the credits allowed under subparts A, B, and D of part IV of subchapter A.

(2)(A)The term “qualified farmland property” means real property located in the United States—

(i)which—

(I)has been used by the taxpayer as a farm for farming purposes, or

(II)leased by the taxpayer to a qualified farmer for farming purposes,

(ii)which is subject to a covenant or other legally enforceable restriction which prohibits the use of such property other than as a farm for farming purposes for any period before the date that is 10 years after the date of the sale or exchange described in subsection (a).

(B)The terms “farm” and “farming purposes” have the respective meanings given such terms under section 2032A(e).

(3)The term “qualified farmer” means any individual who is actively engaged in farming (within the meaning of subsections (b) and (c) of section 1001 of the Food Security Act of 1986 11 See References in Text note below. (7 U.S.C. 1308–1(b) and (c))).

(e)A taxpayer making an election under subsection (a) shall include with the return for the taxable year of the sale or exchange described in subsection (a) a copy of the covenant or other legally enforceable restriction described in subsection (d)(2)(A)(ii).

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsections (b) and (c) of section 1001 of the Food Security Act of 1986, referred to in subsec. (d)(3), probably should be a reference to subsections (b) and (c) of section 1001A of the Food Security Act of 1985, which is classified to section 1308–1(b), (c) of Title 7, Agriculture.

Prior Provisions

A prior section 1062 was renumbered section 1063 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 119–21, title VII, § 70437(c), July 4, 2025, 139 Stat. 250, provided that: “The

Amendments

made by this section [enacting this section and renumbering former section 1062 of this title as section 1063] shall apply to sales or exchanges in taxable years beginning after the date of the enactment of this Act [July 4, 2025].”

§1062 Gain from the sale or exchange of qualified farmland property to qualified farmers