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Commonly Asked Questions about Timber Sale Contract Templates

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.
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.
A written timber sale agreement or contract is generally the preferable and safest method of selling timber. A written contract is a legally binding document that protects both the buyer and the seller (the landowner) from misunderstandings that may develop in the absence of such an agreement.
The part that may be considered a capital gain is the difference between the timbers adjusted basis (see p. 12 through 15) and its fair market value as stumpage on the first day of the tax year when cut, less expenses directly associated with the cutting.
Usually, income from the sale of standing timber that has been owned for more than 1 year qualifies for the favorable long-term capital gains tax rate (0, 15, or 20 percentdepending on your taxable income). Inherited timber automatically meets the long- term holding period requirement.
Basic Rule - The gain or loss on the sale or other disposal of timber is determined by reducing the amount received for the timber by the cost or other basis of the timber and any expenses incurred in making the sale or other disposal.
How to enter Timber Sale Income For What type of investment did you sell? For Description enter Timber, For When did you receive this investment?, use the date you acquired the timber property. For cost basis, see Determining Timber Cost Basis | MU Extension or use another method that you can justify.
Understand timber sale income and capital gains tax In most cases, your income from a standing timber sale is taxed at the favorable long-term capital gains tax rate (0%, 15%, or 20% depending on your taxable income) if you have owned it for more than 1 year.