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Commonly Asked Questions about Legal Forms for Timber Sale

Hire a private consulting forester review (cruise) the timber, evaluate and value timber, and coordinate the timber sale. The seller should get a written contract, which protects both the buyer and the seller by identifying the responsibilities of each party. Never use a verbal agreement to sell your trees.
The timber yield tax is a property tax based on the value of your standing timber. Other taxes, including sales tax and state and federal income tax, may apply to your operation.
For people in the 10 and 15 percent ordinary tax brackets, there is no tax on long-term capital gains. Qualifying for long-term capital gains rates depends on your holding period which is determined by how and when the timber was acquired. If timber is purchased, the timber must be owned for more than one year.
Timber income and the NIIT An example of passive activity is the limited partner in a partnership. For investors, income on the sale of standing timber is a capital gain. Depending on the holding period, it can be long-term or short-term, but it is usually included in the net investment income for NIIT.
How to report sale of lumber using Capital Gains- Schedule D: You may receive income by cutting timber and opting to treat that cutting as a sale, or by disposing of standing timber, which is known as stumpage. In this case the income is treated as a Capital Gain and is reported by the taxpayer on their Schedule D.
When you sell timber, the profit or loss you make is taxed as a capital gain or loss. Capital gains and losses are classified as either short-term or long-term based on how long you held the asset before selling it. The holding period for timber depends on how you acquired it.
In this case, the sale of the timber may be subject to long-term capital gains tax rates, which are typically lower than short-term capital gains tax rates. To report the sale of timber on your tax return, you may need to file Form 4797 or use Schedule C and/or Schedule F.
There are three common types of payments involved in a timber sale contract: lump sum, per unit, and blended price. The lump sum payment is the simplest type. The landowner and timber buyer negotiate upfront, or by means of a sealed bid, a set price for the timber that will be harvested.