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YOUR TAXES : PART FOUR: SPECIAL SITUATIONS : Reform gives farmers tough row to hoe : Growers don't appreciate the new, more stringent depreciation rules

March 15, 1987|BRUCE KEPPEL | Times Staff Writer

John Zoria, a third-generation grower who farms on the eastern edge of sprawling San Jose, has inherited a farmer's skepticism from his Italian-born father and grandfather. He showed his skepticism when asked about the Tax Reform Act of 1986.

"Well," he replied, "they sure didn't go through all this trouble to save us any money. I just assume I'm going to pay more."

Equally skeptical was the nationally circulated Farm Journal, which commented last month regarding the new depreciation rules: "The government figures that since crop prices are so low, you can spend your time keeping records rather than tilling the soil."

Family-owned Zoria Farms grows, dries and packs apricots and peaches. Zoria figures that new drying equipment and machinery bought last year will wind up costing about $17,000 more than anticipated because of Congress' elimination, later in the year, of the investment tax credit, which was made retroactive to Jan. 1, 1986.

"We didn't buy the equipment for the credits but because we needed it," he acknowledged. "But," he added, "we're going to have to be more on our toes now. I've had to rethink everything I've learned about taxes over the last 30 years."

Tax experts specializing in agriculture readily agreed with Zoria's last observation.

"Simplicity did not survive this bill," quipped Wayne Nichols, a farm expert in the Sacramento office of Arthur Andersen & Co. Moreover, in many areas, the Internal Revenue Service has yet to produce rules for carrying out the new law, observed Ron Herr, an economist with the American Farm Bureau Federation.

Herr, Nichols and tax analyst Jan Rosati at Touche Ross & Co. in Sacramento agreed also that tax reform's chief benefits for agriculture will only become apparent in the future through elimination of tax shelters for investors more interested in harvesting tax breaks than profitable crops.

"By flushing out the non-farmer from contributing to the oversupply situation--getting back to the business of farming--the law will strengthen the sector in the long run," Nichols predicted.

"We see that (effect) as positive in the long run," Herr said, "with the caveat that, in the short run, there's a tremendous amount of adjustment to be done, and it will take time to make those adjustments."

Among the major areas of "adjustment":

Elimination of the investment tax credit. Credits that were unused because of a lack of income to offset could be carried forward at 100% for 1986 taxes, but this will fall to 82.5% this year and to 65% after that. Half the value of unused credits can also be used to offset taxes paid in the last 15 years, through 1986, up to $750 a year. However, because farm earnings have been so depressed, some farmers may have difficulty finding any past income to offset, observed Hoy Carman, a professor of agricultural economics at UC Davis.

Loss of the capital gains exclusion. Certain commodities, such as timber and breeding livestock, have traditionally been sold to take advantage of the favorable tax treatment afforded capital gains. Farmers retiring or selling out have benefited from the exclusion as well, so for growers in that position the loss will be telling. (There is one exception to elimination of capital gains, however: Gains on dairy cattle sold before next Sept. 1 under the federal dairy-herd reduction program will still qualify for the 60% exclusion.)

Preproduction expenditures. Many farm assets, such as orchards, vineyards and cattle, take several years to become productive, but these preproduction costs could previously be deducted as they were made. The new law requires tracking of these costs, adding them to the purchase price of the asset--the "tax basis"--and then depreciating the higher-valued asset after it becomes productive. "That creates real bookkeeping problems for farmers," Herr said, "particularly for dairymen and cattlemen, and farmers don't know yet what kind of implementation rules the IRS is going to come up with."

Health benefits. The new law, in part thanks to farm-bloc lobbying, allows self-employed persons such as farmers to deduct 25% of what they paid for health insurance for themselves, their spouses and other dependents, when calculating adjusted gross income (though there are some limitations). Previously, these costs were not deductible as a business expense, only as an itemized medical deduction to the extent they exceeded 5% of adjusted gross income.

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