Resources
Access key IRS guidance, legal interpretations, and scientific references supporting excess soil fertility as a depreciable farm asset. This resource hub includes whitepapers, valuation tools, IRS rulings (including Section 180 and TAM 9211007), and downloadable materials to support your tax deduction strategy.
Farm Advisors Whitepaper
Whitepaper: Excess Soil Fertility: A Guide for Tax Professionals
Our flagship publication for tax professionals and landowners. It explains the deduction’s legal foundation, scientific basis, and valuation methodology.
IRS Authorities
Grounded in IRS-recognized guidance. Key authorities include:
Internal Revenue Code §180 (1960) – Deduction for expenditures by farmers for soil or water conservation, or erosion control.
Supports full expensing of qualifying fertility at acquisition.
IRC §167 – Depreciation of property with a determinable useful life.
Provides for depreciation of capital assets, including those with a quantifiable period of usefulness.
IRS TAM 9211007 – Technical Advice Memorandum recognizing residual soil fertility as depreciable property.
Key technical precedent for deductibility of acquired fertility.
IRS Audit Guide (MSSP – Farmers) – IRS examiner guide that acknowledges fertility as a capital asset.
Provides examiners with a framework for handling fertility and basis-related issues.
Treasury Reg. §1.175-3 – Defines who is considered “engaged in the business of farming” for §180 purposes.
Helpful for determining eligibility to fully expense fertility under §180 — not required for depreciation under §167/168.
Tax Filing Links & Forms
Tools commonly used when claiming or adjusting the deduction:
Form 3115 – Application for Change in Accounting Method
Used to claim a “catch-up” deduction when the fertility basis was not properly recognized in earlier years — especially when the acquisition occurred more than 3–4 years ago and amending past returns is impractical or no longer allowed.
This method allows you to adjust basis and recognize the deduction in the current year without reopening old returns.
Filing Forms for Retroactive Deductions: Depending on your entity type, different forms are used to apply the deduction retroactively, if the land transfer occurred within the past 3 years:
Form 1040X – Amended U.S. Individual Income Tax Return
Form 1120X – Amended U.S. Corporation Income Tax Return (for C Corps)
Form 1065 with amended K-1s – For partnerships and LLCs taxed as partnerships
Form 1120-S with amended K-1s – For S Corporations
Form 1041 – For farmland held in trust or passed through an estate.
Amended returns are filed by re-submitting Form 1041 and marking it as “Amended.”
Publication 225 – Farmer’s Tax Guide
Covers depreciation, §180 rules, and fertility-related treatment.
ROI Calculator
Estimate the Value of Your Deduction: Use our calculator to estimate your potential ROI based on acreage, fertility levels, and tax rate. Most landowners see returns in the 10–20x range.
Contact Our Team
Have Questions? Let’s Talk.
Whether you’re a landowner, CPA, or estate planner, we’re here to help you evaluate the opportunity and support your filing process.