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2010 Tax Form 1040ez

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2010 Tax Form 1040ez

2010 tax form 1040ez Publication 947 - Additional Material Prev  Up  Next   Home   More Online Publications
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Understanding Your CP15B Notice

We charged you a Trust Fund Recovery Penalty (TFRP) for not paying employment or excise taxes.


What you need to do

  • Read your notice carefully — it explains your due date, amount due, and payment options.
  • Make your payment by your due date. Go to the payments page to find out more about your payment options.

You may want to


Answers to Common Questions

Q. Why was I assessed this penalty?

A. We charged you the Trust Fund Recovery Penalty for willfully failing to collect, account for, or pay over employment (or excise) taxes. Find additional information for Employment Taxes and the Trust Fund Recovery Penalty (TFRP).

Q. What happens if I can't pay the full amount I owe now?

A. See if you may be able to set up a payment plan through our Online Payment Agreement Application.

Q. What happens if I don’t respond to this notice?

A. Interest will continue to be charged until the balance is paid.

Q. Am I charged interest on the money I owe?

A. Not if you pay the full amount you owe by the date on the payment coupon. However, interest adds up on the unpaid amount after that date.

Q. What should I do if I disagree with the notice?

A. If you disagree with the penalty charge you may file a suit for refund. To do so, you must:

If you want to suspend collection of the penalty while the suit is pending, you must post a bond with the IRS for one and half times the balance.

 

Page Last Reviewed or Updated: 21-Jan-2014

How to get help

  • Call the 1-800 number listed on the top right corner of your notice.
  • Authorize someone (e.g., accountant) to contact the IRS on your behalf using Form 2848.
  • See if you qualify for help from a Low Income Taxpayer Clinic.
     

The 2010 Tax Form 1040ez

2010 tax form 1040ez 5. 2010 tax form 1040ez   Soil and Water Conservation Expenses Table of Contents Introduction Topics - This chapter discusses: Business of Farming Plan Certification Conservation ExpensesWater well. 2010 tax form 1040ez Assessment by Conservation DistrictAssessment for Depreciable Property 25% Limit on DeductionNet operating loss. 2010 tax form 1040ez When to Deduct or Capitalize Sale of a Farm Introduction If you are in the business of farming, you can choose to deduct certain expenses for: Soil or water conservation, Prevention of erosion of land used in farming, or Endangered species recovery. 2010 tax form 1040ez Otherwise, these are capital expenses that must be added to the basis of the land. 2010 tax form 1040ez (See chapter 6 for information on determining basis. 2010 tax form 1040ez ) Conservation expenses for land in a foreign country do not qualify for this special treatment. 2010 tax form 1040ez The deduction for conservation expenses cannot be more than 25% of your gross income from farming. 2010 tax form 1040ez See 25% Limit on Deduction , later. 2010 tax form 1040ez Although some expenses are not deductible as soil and water conservation expenses, they may be deductible as ordinary and necessary farm expenses. 2010 tax form 1040ez These include interest and taxes, the cost of periodically clearing brush from productive land, the regular removal of sediment from a drainage ditch, and expenses paid or incurred primarily to produce an agricultural crop that may also conserve soil. 2010 tax form 1040ez You must include in income most government payments for approved conservation practices. 2010 tax form 1040ez However, you can exclude some payments you receive under certain cost-sharing conservation programs. 2010 tax form 1040ez For more information, see Agricultural Program Payments in chapter 3. 2010 tax form 1040ez To get the full deduction to which you are entitled, you should maintain your records to clearly distinguish between your ordinary and necessary farm business expenses and your soil and water conservation expenses. 2010 tax form 1040ez Topics - This chapter discusses: Business of farming Plan certification Conservation expenses Assessment by conservation district 25% limit on deduction When to deduct or capitalize Sale of a farm Business of Farming For purposes of soil and water conservation expenses, you are in the business of farming if you cultivate, operate, or manage a farm for profit, either as an owner or a tenant. 2010 tax form 1040ez You are not in the business of farming if you cultivate or operate a farm for recreation or pleasure, rather than for profit. 2010 tax form 1040ez You are not farming if you are engaged only in forestry or the growing of timber. 2010 tax form 1040ez Farm defined. 2010 tax form 1040ez   A farm includes livestock, dairy, poultry, fish, fruit, and truck farms. 2010 tax form 1040ez It also includes plantations, ranches, ranges, and orchards. 2010 tax form 1040ez A fish farm is an area where fish and other marine animals are grown or raised and artificially fed, protected, etc. 2010 tax form 1040ez It does not include an area where they are merely caught or harvested. 2010 tax form 1040ez A plant nursery is a farm for purposes of deducting soil and water conservation expenses. 2010 tax form 1040ez Farm rental. 2010 tax form 1040ez   If you own a farm and receive farm rental payments based on farm production, either in cash or crop shares, you are in the business of farming. 2010 tax form 1040ez If you get cash rental for a farm you own that is not used in farm production, you cannot deduct soil and water conservation expenses for that farm. 2010 tax form 1040ez   If you receive a fixed rental payment that is not based on farm production, you are in the business of farming only if you materially participate in operating or managing the farm. 2010 tax form 1040ez Example. 2010 tax form 1040ez You own a farm in Iowa and live in California. 2010 tax form 1040ez You rent the farm for $175 in cash per acre and do not materially participate in producing or managing production of the crops grown on the farm. 2010 tax form 1040ez You cannot deduct your soil conservation expenses for this farm. 2010 tax form 1040ez You must capitalize the expenses and add them to the basis of the land. 2010 tax form 1040ez     For more information, see Material participation for landlords under Landlord Participation in Farming in chapter 12. 2010 tax form 1040ez Plan Certification You can deduct soil and water conservation expenses only if they are consistent with a plan approved by the Natural Resources Conservation Service (NRCS) of the Department of Agriculture. 2010 tax form 1040ez If no such plan exists, the expenses must be consistent with a soil conservation plan of a comparable state agency. 2010 tax form 1040ez Keep a copy of the plan with your books and records to support your deductions. 2010 tax form 1040ez Conservation plan. 2010 tax form 1040ez   A conservation plan includes the farming conservation practices approved for the area where your farmland is located. 2010 tax form 1040ez There are three types of approved plans. 2010 tax form 1040ez NRCS individual site plans. 2010 tax form 1040ez These plans are issued individually to farmers who request assistance from NRCS to develop a conservation plan designed specifically for their farmland. 2010 tax form 1040ez NRCS county plans. 2010 tax form 1040ez These plans include a listing of farm conservation practices approved for the county where the farmland is located. 2010 tax form 1040ez You can deduct expenses for conservation practices not included on the NRCS county plans only if the practice is a part of an individual site plan. 2010 tax form 1040ez Comparable state agency plans. 2010 tax form 1040ez These plans are approved by state agencies and can be approved individual site plans or county plans. 2010 tax form 1040ez   A list of NRCS conservation programs is available at www. 2010 tax form 1040ez nrcs. 2010 tax form 1040ez usda. 2010 tax form 1040ez gov/programs. 2010 tax form 1040ez Individual site plans can be obtained from NRCS offices and the comparable state agencies. 2010 tax form 1040ez Conservation Expenses You can deduct conservation expenses only for land you or your tenant are using, or have used in the past, for farming. 2010 tax form 1040ez These expenses include, but are not limited to, the following. 2010 tax form 1040ez The treatment or movement of earth, such as: Leveling, Conditioning, Grading, Terracing, Contour furrowing, and Restoration of soil fertility. 2010 tax form 1040ez The construction, control, and protection of: Diversion channels, Drainage ditches, Irrigation ditches, Earthen dams, and Watercourses, outlets, and ponds. 2010 tax form 1040ez The eradication of brush. 2010 tax form 1040ez The planting of windbreaks. 2010 tax form 1040ez You cannot deduct expenses to drain or fill wetlands, or to prepare land for center pivot irrigation systems, as soil and water conservation expenses. 2010 tax form 1040ez These expenses are added to the basis of the land. 2010 tax form 1040ez If you choose to deduct soil and water conservation expenses, you cannot exclude from gross income any cost-sharing payments you receive for those expenses. 2010 tax form 1040ez See chapter 3 for information about payments eligible for the cost-sharing exclusion. 2010 tax form 1040ez New farm or farmland. 2010 tax form 1040ez   If you acquire a new farm or new farmland from someone who was using it in farming immediately before you acquired the land, soil and water conservation expenses you incur on it will be treated as made on land used in farming at the time the expenses were paid or incurred. 2010 tax form 1040ez You can deduct soil and water conservation expenses for this land if your use of it is substantially a continuation of its use in farming. 2010 tax form 1040ez The new farming activity does not have to be the same as the old farming activity. 2010 tax form 1040ez For example, if you buy land that was used for grazing cattle and then prepare it for use as an apple orchard, you can deduct your conservation expenses. 2010 tax form 1040ez Land not used for farming. 2010 tax form 1040ez   If your conservation expenses benefit both land that does not qualify as land used for farming and land that does qualify, you must allocate the expenses between the two types of land. 2010 tax form 1040ez For example, if the expenses benefit 200 acres of your land, but only 120 acres of this land are used for farming, then you can deduct 60% (120 ÷ 200) of the expenses. 2010 tax form 1040ez You can use another method to allocate these expenses if you can clearly show that your method is more reasonable. 2010 tax form 1040ez Depreciable conservation assets. 2010 tax form 1040ez   You generally cannot deduct your expenses for depreciable conservation assets. 2010 tax form 1040ez However, you can deduct certain amounts you pay or incur for an assessment for depreciable property that a soil and water conservation or drainage district levies against your farm. 2010 tax form 1040ez See Assessment for Depreciable Property , later. 2010 tax form 1040ez   You must capitalize expenses to buy, build, install, or improve depreciable structures or facilities. 2010 tax form 1040ez These expenses include those for materials, supplies, wages, fuel, hauling, and moving dirt when making structures such as tanks, reservoirs, pipes, culverts, canals, dams, wells, or pumps composed of masonry, concrete, tile, metal, or wood. 2010 tax form 1040ez You recover your capital investment through annual allowances for depreciation. 2010 tax form 1040ez   You can deduct soil and water conservation expenses for nondepreciable earthen items. 2010 tax form 1040ez Nondepreciable earthen items include certain dams, ponds, and terraces described under Property Having a Determinable Useful Life in chapter 7. 2010 tax form 1040ez Water well. 2010 tax form 1040ez   You cannot deduct the cost of drilling a water well for irrigation and other agricultural purposes as a soil and water conservation expense. 2010 tax form 1040ez It is a capital expense. 2010 tax form 1040ez You recover your cost through depreciation. 2010 tax form 1040ez You also must capitalize your cost for drilling a test hole. 2010 tax form 1040ez If the test hole produces no water and you continue drilling, the cost of the test hole is added to the cost of the producing well. 2010 tax form 1040ez You can recover the total cost through depreciation deductions. 2010 tax form 1040ez   If a test hole, dry hole, or dried-up well (resulting from prolonged lack of rain, for instance) is abandoned, you can deduct your unrecovered cost in the year of abandonment. 2010 tax form 1040ez Abandonment means that all economic benefits from the well are terminated. 2010 tax form 1040ez For example, filling or sealing a well excavation or casing so that all economic benefits from the well are terminated constitutes an abandonment. 2010 tax form 1040ez Endangered species recovery expenses. 2010 tax form 1040ez   If you are in the business of farming and meet other specific requirements, you can choose to deduct the conservation expenses discussed earlier as endangered species recovery expenses. 2010 tax form 1040ez Otherwise, these are capital expenses that must be added to the basis of the land. 2010 tax form 1040ez   The expenses must be paid or incurred for the purpose of achieving site-specific management actions recommended in a recovery plan approved under section 4(f) of the Endangered Species Act of 1973. 2010 tax form 1040ez See Internal Revenue Code section 175 for more information. 2010 tax form 1040ez Assessment by Conservation District In some localities, a soil or water conservation or drainage district incurs expenses for soil or water conservation and levies an assessment against the farmers who benefit from the expenses. 2010 tax form 1040ez You can deduct as a conservation expense amounts you pay or incur for the part of an assessment that: Covers expenses you could deduct if you had paid them directly, or Covers expenses for depreciable property used in the district's business. 2010 tax form 1040ez Assessment for Depreciable Property You generally can deduct as a conservation expense amounts you pay or incur for the part of a conservation or drainage district assessment that covers expenses for depreciable property. 2010 tax form 1040ez This includes items such as pumps, locks, concrete structures (including dams and weir gates), draglines, and similar equipment. 2010 tax form 1040ez The depreciable property must be used in the district's soil and water conservation activities. 2010 tax form 1040ez However, the following limits apply to these assessments. 2010 tax form 1040ez The total assessment limit. 2010 tax form 1040ez The yearly assessment limit. 2010 tax form 1040ez After you apply these limits, the amount you can deduct is added to your other conservation expenses for the year. 2010 tax form 1040ez The total for these expenses is then subject to the 25% of gross income from farming limit on the deduction, discussed later. 2010 tax form 1040ez See Table 5-1 for a brief summary of these limits. 2010 tax form 1040ez Table 5-1. 2010 tax form 1040ez Limits on Deducting an Assessment by a Conservation District for Depreciable Property Total Limit on Deduction for Assessment for Depreciable Property Yearly Limit on Deduction for Assessment for Depreciable Property Yearly Limit for All Conservation Expenses 10% of: $500 + 10% of: 25% of: Total assessment against all members of the district for the property. 2010 tax form 1040ez Your deductible share of the cost to the district for the property. 2010 tax form 1040ez Your gross income from farming. 2010 tax form 1040ez No one taxpayer can deduct more than 10% of the total assessment. 2010 tax form 1040ez Any amount over 10% is a capital expense and is added to the basis of your land. 2010 tax form 1040ez If an assessment is paid in installments, each payment must be prorated between the conservation expense and the capital expense. 2010 tax form 1040ez If the amount you pay or incur for any year is more than the limit, you can deduct for that year only 10% of your deductible share of the cost. 2010 tax form 1040ez You can deduct the remainder in equal amounts over the next 9 tax years. 2010 tax form 1040ez Limit for all conservation expenses, including assessments for depreciable property. 2010 tax form 1040ez Amounts greater than 25% can be carried to the following year and added to that year's expenses. 2010 tax form 1040ez The total is then subject to the 25% of gross income from farming limit in that year. 2010 tax form 1040ez To ensure your deduction is within the deduction limits, keep records to show the following. 2010 tax form 1040ez The total assessment against all members of the district for the depreciable property. 2010 tax form 1040ez Your deductible share of the cost to the district for the depreciable property. 2010 tax form 1040ez Your gross income from farming. 2010 tax form 1040ez Total assessment limit. 2010 tax form 1040ez   You cannot deduct more than 10% of the total amount assessed to all members of the conservation or drainage district for the depreciable property. 2010 tax form 1040ez This applies whether you pay the assessment in one payment or in installments. 2010 tax form 1040ez If your assessment is more than 10% of the total amount assessed, both the following rules apply. 2010 tax form 1040ez The amount over 10% is a capital expense and is added to the basis of your land. 2010 tax form 1040ez If the assessment is paid in installments, each payment must be prorated between the conservation expense and the capital expense. 2010 tax form 1040ez Yearly assessment limit. 2010 tax form 1040ez   The maximum amount you can deduct in any one year is the total of 10% of your deductible share of the cost as explained earlier, plus $500. 2010 tax form 1040ez If the amount you pay or incur is equal to or less than the maximum amount, you can deduct it in the year it is paid or incurred. 2010 tax form 1040ez If the amount you pay or incur is more, you can deduct in that year only 10% of your deductible share of the cost. 2010 tax form 1040ez You can deduct the remainder in equal amounts over the next 9 tax years. 2010 tax form 1040ez Your total conservation expense deduction for each year is also subject to the 25% of gross income from farming limit on the deduction, discussed later. 2010 tax form 1040ez Example 1. 2010 tax form 1040ez This year, the soil conservation district levies and you pay an assessment of $2,400 against your farm. 2010 tax form 1040ez Of the assessment, $1,500 is for digging drainage ditches. 2010 tax form 1040ez You can deduct this part as a soil or conservation expense as if you had paid it directly. 2010 tax form 1040ez The remaining $900 is for depreciable equipment to be used in the district's irrigation activities. 2010 tax form 1040ez The total amount assessed by the district against all its members for the depreciable equipment is $7,000. 2010 tax form 1040ez The total amount you can deduct for the depreciable equipment is limited to 10% of the total amount assessed by the district against all its members for depreciable equipment, or $700. 2010 tax form 1040ez The $200 excess ($900 − $700) is a capital expense you must add to the basis of your farm. 2010 tax form 1040ez To figure the maximum amount you can deduct for the depreciable equipment this year, multiply your deductible share of the total assessment ($700) by 10%. 2010 tax form 1040ez Add $500 to the result for a total of $570. 2010 tax form 1040ez Your deductible share, $700, is greater than the maximum amount deductible in one year, so you can deduct only $70 of the amount you paid or incurred for depreciable property this year (10% of $700). 2010 tax form 1040ez You can deduct the balance at the rate of $70 a year over the next 9 years. 2010 tax form 1040ez You add $70 to the $1,500 portion of the assessment for drainage ditches. 2010 tax form 1040ez You can deduct $1,570 of the $2,400 assessment as a soil and water conservation expense this year, subject to the 25% of gross income from farming limit on the deduction, discussed later. 2010 tax form 1040ez Example 2. 2010 tax form 1040ez Assume the same facts in Example 1 except that $1,850 of the $2,400 assessment is for digging drainage ditches and $550 is for depreciable equipment. 2010 tax form 1040ez The total amount assessed by the district against all its members for depreciable equipment is $5,500. 2010 tax form 1040ez The total amount you can deduct for the depreciable equipment is limited to 10% of this amount, or $550. 2010 tax form 1040ez The maximum amount you can deduct this year for the depreciable equipment is $555 (10% of your deductible share of the total assessment, $55, plus $500). 2010 tax form 1040ez Since your deductible share is less than the maximum amount deductible in one year, you can deduct the entire $550 this year. 2010 tax form 1040ez You can deduct the entire assessment, $2,400, as a soil and water conservation expense this year, subject to the 25% of gross income from farming limit on the deduction, discussed below. 2010 tax form 1040ez Sale or other disposal of land during 9-year period. 2010 tax form 1040ez   If you dispose of the land during the 9-year period for deducting conservation expenses subject to the yearly limit, any amounts you have not yet deducted because of this limit are added to the basis of the property. 2010 tax form 1040ez Death of farmer during 9-year period. 2010 tax form 1040ez   If a farmer dies during the 9-year period, any remaining amounts not yet deducted are deducted in the year of death. 2010 tax form 1040ez 25% Limit on Deduction The total deduction for conservation expenses in any tax year is limited to 25% of your gross income from farming for the year. 2010 tax form 1040ez Gross income from farming. 2010 tax form 1040ez   Gross income from farming is the income you derive in the business of farming from the production of crops, fish, fruits, other agricultural products, or livestock. 2010 tax form 1040ez Gains from sales of draft, breeding, or dairy livestock are included. 2010 tax form 1040ez Gains from sales of assets such as farm machinery, or from the disposition of land, are not included. 2010 tax form 1040ez Carryover of deduction. 2010 tax form 1040ez   If your deductible conservation expenses in any year are more than 25% of your gross income from farming for that year, you can carry the unused deduction over to later years. 2010 tax form 1040ez However, the deduction in any later year is limited to 25% of the gross income from farming for that year as well. 2010 tax form 1040ez Example. 2010 tax form 1040ez In 2012, you have gross income of $32,000 from two farms. 2010 tax form 1040ez During the year, you incurred $10,000 of deductible soil and water conservation expenses for one of the farms. 2010 tax form 1040ez However, your deduction is limited to 25% of $32,000, or $8,000. 2010 tax form 1040ez The $2,000 excess ($10,000 − $8,000) is carried over to 2013 and added to deductible soil and water conservation expenses made in that year. 2010 tax form 1040ez The total of the 2012 carryover plus 2013 expenses is deductible in 2013, subject to the limit of 25% of your gross income from farming in 2013. 2010 tax form 1040ez Any expenses over the limit in that year are carried to 2014 and later years. 2010 tax form 1040ez Net operating loss. 2010 tax form 1040ez   The deduction for soil and water conservation expenses, after applying the 25% limit, is included when figuring a net operating loss (NOL) for the year. 2010 tax form 1040ez If the NOL is carried to another year, the soil and water conservation deduction included in the NOL is not subject to the 25% limit in the year to which it is carried. 2010 tax form 1040ez When to Deduct or Capitalize If you choose to deduct soil and water conservation expenses, you must deduct the total allowable amount on your tax return for the first year you pay or incur these expenses. 2010 tax form 1040ez If you do not choose to deduct the expenses, you must capitalize them. 2010 tax form 1040ez Change of method. 2010 tax form 1040ez   If you want to change your method for the treatment of soil and water conservation expenses, or you want to treat the expenses for a particular project or a single farm in a different manner, you must get the approval of the IRS. 2010 tax form 1040ez To get this approval, submit a written request by the due date of your return for the first tax year you want the new method to apply. 2010 tax form 1040ez You or your authorized representative must sign the request. 2010 tax form 1040ez   The request must include the following information. 2010 tax form 1040ez Your name and address. 2010 tax form 1040ez The first tax year the method or change of method is to apply. 2010 tax form 1040ez Whether the method or change of method applies to all your soil and water conservation expenses or only to those for a particular project or farm. 2010 tax form 1040ez If the method or change of method does not apply to all your expenses, identify the project or farm to which the expenses apply. 2010 tax form 1040ez The total expenses you paid or incurred in the first tax year the method or change of method is to apply. 2010 tax form 1040ez A statement that you will account separately in your books for the expenses to which this method or change of method relates. 2010 tax form 1040ez Send your request to the following  address. 2010 tax form 1040ez  Department of the Treasury Internal Revenue Service Center Cincinnati, OH 45999  For more information, see Change in  Accounting Method in chapter 2. 2010 tax form 1040ez Sale of a Farm If you sell your farm, you cannot adjust the basis of the land at the time of the sale for any unused carryover of soil and water conservation expenses (except for deductions of assessments for depreciable property, discussed earlier). 2010 tax form 1040ez However, if you acquire another farm and return to the business of farming, you can start taking deductions again for the unused carryovers. 2010 tax form 1040ez Gain on sale of farmland. 2010 tax form 1040ez   If you held the land 5 years or less before you sold it, gain on the sale of the land is treated as ordinary income up to the amount you previously deducted for soil and water conservation expenses. 2010 tax form 1040ez If you held the land less than 10 but more than 5 years, the gain is treated as ordinary income up to a specified percentage of the previous deductions. 2010 tax form 1040ez See Section 1252 property under Other Gains in chapter 9. 2010 tax form 1040ez Prev  Up  Next   Home   More Online 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