Title 26Internal Revenue CodeRelease 119-73

§180 Expenditures by farmers for fertilizer, etc.

Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter B— - Computation of Taxable Income › Part PART VI— - ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS › § 180

Last updated Apr 6, 2026|Official source

Summary

A farmer in business may choose to treat costs that would normally be capital expenses as ordinary farm expenses for the year if those costs are paid or incurred to buy or apply soil‑improving materials. That includes things like fertilizer, lime, ground limestone, marl, and similar materials used to improve, neutralize, or condition farm land. If the farmer makes this choice, those costs may be deducted on the tax return. "Land used in farming" means land the farmer or the farmer's tenant uses to grow crops, fruits, or other farm products or to support livestock. The farmer must make the choice by the tax return due date for that year (including any extensions) and must follow the Secretary’s rules about how to make it. The choice cannot be revoked unless the Secretary agrees.

Full Legal Text

Title 26, §180

Internal Revenue Code — Source: USLM XML via OLRC

(a)A taxpayer engaged in the business of farming may elect to treat as expenses which are not chargeable to capital account expenditures (otherwise chargeable to capital account) which are paid or incurred by him during the taxable year for the purchase or acquisition of fertilizer, lime, ground limestone, marl, or other materials to enrich, neutralize, or condition land used in farming, or for the application of such materials to such land. The expenditures so treated shall be allowed as a deduction.
(b)For purposes of subsection (a), the term “land used in farming” means land used (before or simultaneously with the expenditures described in subsection (a)) by the taxpayer or his tenant for the production of crops, fruits, or other agricultural products or for the sustenance of livestock.
(c)The election under subsection (a) for any taxable year shall be made within the time prescribed by law (including extensions thereof) for filing the return for such taxable year. Such election shall be made in such manner as the Secretary may by regulations prescribe. Such election may not be revoked except with the consent of the Secretary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (c). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 86–779, § 6(d), Sept. 14, 1960, 74 Stat. 1001, provided that: “The

Amendments

made by subsections (a), (b), and (c) [enacting this section and amending section 263 of this title] shall apply to taxable years beginning after December 31, 1959.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 180

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73