
The IRS issued the extension under Tax code Section 1033. This tax code allows a taxpayer to defer any taxes due to a gain on the sale of livestock – if that livestock is both involuntarily converted and replaced with property similar in service or use. A breeder who sold more dairy cows than usual because the animals didn’t have enough water or grass, will have four years to replace those extra cows he sold if he wants to delay paying taxes on his profit. (Assuming there is a profit!) Notice 2011-79 extends the start of this replacement period to the end of the taxpayer’s first taxable year without drought for the applicable region.
Texas has been hit the hardest by the dry skies, but “applicable region” refers to any United States county experiencing drought on account of which livestock was sold or exchanged, and all counties adjacent to it. The region needs to have experienced exceptional, extreme, or severe conditions. Moreover, while the consequences of the weather must spark the livestock exchange, the actual sale doesn’t need to occur in the affected area.
The IRS notice listed counties and parishes in 32 states, for which drought has been reported in the last twelve months, and which are eligible for relief. Taxpayers can also refer to the U.S. Drought Monitor to determine the extent of drought reported for any location in the applicable region. The extension should help many Americans survive the dry spell so that when April showers (and taxes) finally arrive, they can return to business as usual.
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