Title 26 — Internal Revenue CodeRelease 119-73
§464 Limitations on deductions for certain farming expenses
Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter E— - Accounting Periods and Methods of Accounting › Part PART II— - METHODS OF ACCOUNTING › Subpart Subpart C— - Taxable Year for Which Deductions Taken › § 464
Summary
Limits deductions for certain farm supply costs when those items are paid for before they are used. Feed, seed, fertilizer, and similar supplies can only be deducted in the year they are actually used or consumed, or in the later year they would normally be deductible. Poultry bought to be used in a farming business (including egg-laying hens and baby chicks) must be treated as a capital cost and written off evenly over the shorter of 12 months or the bird’s useful life. Poultry bought to be sold is deducted when it is sold or disposed of. If supplies are lost because of fire, storm, disease, drought, or other casualty and remain on hand at year end, the special prepayment rule does not apply. Applies only to taxpayers who do not use an accrual accounting method, who have “excess prepaid farm supplies,” and who are not a “qualified farm-related taxpayer.” Quick definitions: “Qualified farm-related taxpayer” — a farm-related taxpayer who meets either a 3-year test (prepaid supplies for the prior 3 taxable years are less than 50 percent of deductible farming expenses for those years) or who has excess prepaid supplies because of a business change caused by extraordinary circumstances. “Farm-related taxpayer” — someone whose main home is on a farm, whose main job is farming, or a family member of such a person. “Excess prepaid farm supplies” — prepaid supplies that exceed 50 percent of that year’s deductible farming expenses (not counting prepaid supplies). “Prepaid farm supplies” — amounts paid for the items above that would be deductible in a later year under these rules. “Deductible farming expenses” — expenses properly allocable to farming that are allowed as deductions, including depreciation or amortization. “Farming” — growing crops or raising or harvesting agricultural or horticultural products, including caring for animals; non-fruit/nut trees are excluded.
Full Legal Text
Title 26, §464
Internal Revenue Code — Source: USLM XML via OLRC
(a)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).
(b)In the case of any taxpayer to whom subsection (d) applies—
(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
(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.
(c)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.
(d)(1)This subsection applies to any taxpayer for any taxable year if such taxpayer—
(A)does not use an accrual method of accounting,
(B)has excess prepaid farm supplies for the taxable year, and
(C)is not a qualified farm-related taxpayer.
(2)(A)For purposes of this subsection, the term “qualified farm-related taxpayer” means any farm-related taxpayer if—
(i)(I)the aggregate prepaid farm supplies for the 3 taxable years preceding the taxable year are less than 50 percent of,
(II)the aggregate deductible farming expenses (other than prepaid farm supplies) for such 3 taxable years, or
(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.
(B)For purposes of this paragraph, the term “farm-related taxpayer” means any taxpayer—
(i)whose principal residence (within the meaning of section 121) is on a farm,
(ii)who has a principal occupation of farming, or
(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).
(3)For purposes of this subsection—
(A)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).
(B)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).
(C)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.
(e)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2018—Pub. L. 115–141, § 401(a)(118), inserted “expenses” after “farming” in section catchline. Subsec. (d)(2)(B)(iii). Pub. L. 115–141, § 401(a)(119), substituted “section 461(k)(2)(E)” for “subsection (c)(2)(E)”. 2014—Subsecs. (a), (b). Pub. L. 113–295, § 221(a)(58)(A), substituted “any taxpayer to whom subsection (d) applies” for “any farming syndicate (as defined in subsection (c))” in subsec. (a) and in introductory provisions of subsec. (b). Subsec. (c). Pub. L. 113–295, § 221(a)(58)(C)(i), redesignated subsec. (d) as (c). Former subsec. (c) transferred to section 461 of this title. Pub. L. 113–295, § 221(a)(58)(B)(i), transferred subsec. (c) defining the term “farming syndicate” to section 461 of this title and redesignated it as subsec. (j) of that section. Subsec. (d). Pub. L. 113–295, § 221(a)(58)(D), struck out “Subsections (a) and (b) to apply to” before “Certain persons” in heading, redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “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.” Pub. L. 113–295, § 221(a)(58)(C)(i), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 113–295, § 221(a)(58)(C), added subsec. (e) and struck out former subsec. (e) which defined the terms “farming” and “limited entrepreneur” for purposes of this section. Subsec. (f). Pub. L. 113–295, § 221(a)(58)(C)(i), redesignated subsec. (f) as (d). Subsec. (g). Pub. L. 113–295, § 221(a)(58)(C)(i), struck out subsec. (g). Text read as follows: “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 substituted “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).
Statutory Notes and Related Subsidiaries
Effective Date
of 2014 AmendmentAmendment by Pub. L. 113–295 effective Dec. 19, 2014, subject to a
Savings Provision
, see section 221(b) of Pub. L. 113–295, set out as a note under section 1 of this title.
Effective Date
of 1997 AmendmentAmendment by Pub. L. 105–34 applicable to sales and exchanges after May 6, 1997, with certain exceptions, see section 312(d) of Pub. L. 105–34, set out as a note under section 121 of this title.
Effective Date
of 1988 AmendmentAmendment 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 AmendmentIf any interest costs incurred after Dec. 31, 1986, are attributable to costs incurred before Jan. 1, 1987, the amendment by section 803(b)(8) of Pub. L. 99–514 is applicable to such interest costs only to the extent such interest costs are attributable to costs which were required to be capitalized under section 263 of the Internal Revenue Code of 1954 and which would have been taken into account in applying section 189 of the Internal Revenue Code of 1954 (as in effect before its repeal by section 803 of Pub. L. 99–514) or, if applicable, section 266 of such Code, see section 7831(d)(2) of Pub. L. 101–239, set out as an
Effective Date
note under section 263A of this title. Pub. L. 99–514, title IV, § 404(c), Oct. 22, 1986, 100 Stat. 2224, 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 AmendmentAmendment 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 AmendmentAmendment 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
Pub. L. 94–455, title II, § 207(a)(3), Oct. 4, 1976, 90 Stat. 1537, 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.”
Reference
Citations & Metadata
Citation
26 U.S.C. § 464
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73