Title 26 — Internal Revenue CodeRelease 119-73
§268 Sale of Land with Unharvested Crop
Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter B— Computation of Taxable Income › Part IX— ITEMS NOT DEDUCTIBLE › § 268
Summary
If you sell farmland together with an unharvested crop and the sale qualifies for capital gain treatment as business property, you cannot also deduct the costs of growing that crop. No deduction for expenses, depreciation, or anything else tied to producing the crop is allowed, in any year. The costs instead become part of your investment in what you sold.
Full Legal Text
Title 26, §268
Internal Revenue Code — Source: USLM XML via OLRC
Where an unharvested crop sold by the taxpayer is considered under the provisions of section 1231 as “property used in the trade or business”, in computing taxable income no deduction (whether or not for the taxable year of the sale and whether for expenses, depreciation, or otherwise) attributable to the production of such crop shall be allowed.
Reference
Citations & Metadata
Citation
26 U.S.C. § 268
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73