§ 2032A. Valuation of certain farm, etc., real property
(a)
Value based on use under which property qualifies
(1)
General rule
If—
(B)
the executor elects the application of this section and files the agreement referred to in subsection (d)(2),
then, for purposes of this chapter, the value of qualified real property shall be its value for the use under which it qualifies, under subsection (b), as qualified real property.
(2)
Limitation on aggregate reduction in fair market value
The aggregate decrease in the value of qualified real property taken into account for purposes of this chapter which results from the application of paragraph (1) with respect to any decedent shall not exceed $750,000.
(3)
Inflation adjustment
In the case of estates of decedents dying in a calendar year after 1998, the $750,000 amount contained in paragraph (2) shall be increased by an amount equal to—
(B)
the cost-of-living adjustment determined under section
1
(f)(3) for such calendar year by substituting “calendar year 1997” for “calendar year 1992” in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000.
(b)
Qualified real property
(1)
In general
For purposes of this section, the term “qualified real property” means real property located in the United States which was acquired from or passed from the decedent to a qualified heir of the decedent and which, on the date of the decedent’s death, was being used for a qualified use by the decedent or a member of the decedent’s family, but only if—
(A)
50 percent or more of the adjusted value of the gross estate consists of the adjusted value of real or personal property which—
(B)
25 percent or more of the adjusted value of the gross estate consists of the adjusted value of real property which meets the requirements of subparagraphs (A)(ii) and (C),
(C)
during the 8-year period ending on the date of the decedent’s death there have been periods aggregating 5 years or more during which—
(2)
Qualified use
For purposes of this section, the term “qualified use” means the devotion of the property to any of the following:
(3)
Adjusted value
For purposes of paragraph (1), the term “adjusted value” means—
(4)
Decedents who are retired or disabled
(A)
In general
If, on the date of the decedent’s death, the requirements of paragraph (1)(C)(ii) with respect to the decedent for any property are not met, and the decedent—
(i)
was receiving old-age benefits under title II of the Social Security Act for a continuous period ending on such date, or
then paragraph (1)(C)(ii) shall be applied with respect to such property by substituting “the date on which the longer of such continuous periods began” for “the date of the decedent’s death” in paragraph (1)(C).
(B)
Disabled defined
For purposes of subparagraph (A), an individual shall be disabled if such individual has a mental or physical impairment which renders him unable to materially participate in the operation of the farm or other business.
(C)
Coordination with recapture
For purposes of subsection (c)(6)(B)(i), if the requirements of paragraph (1)(C)(ii) are met with respect to any decedent by reason of subparagraph (A), the period ending on the date on which the continuous period taken into account under subparagraph (A) began shall be treated as the period immediately before the decedent’s death.
(5)
Special rules for surviving spouses
(A)
In general
If property is qualified real property with respect to a decedent (hereinafter in this paragraph referred to as the “first decedent”) and such property was acquired from or passed from the first decedent to the surviving spouse of the first decedent, for purposes of applying this subsection and subsection (c) in the case of the estate of such surviving spouse, active management of the farm or other business by the surviving spouse shall be treated as material participation by such surviving spouse in the operation of such farm or business.
(c)
Tax treatment of dispositions and failures to use for qualified use
(1)
Imposition of additional estate tax
If, within 10 years after the decedent’s death and before the death of the qualified heir—
(A)
the qualified heir disposes of any interest in qualified real property (other than by a disposition to a member of his family), or
(B)
the qualified heir ceases to use for the qualified use the qualified real property which was acquired (or passed) from the decedent,
then, there is hereby imposed an additional estate tax.
(2)
Amount of additional tax
(A)
In general
The amount of the additional tax imposed by paragraph (1) with respect to any interest shall be the amount equal to the lesser of—
(B)
Adjusted tax difference attributable to interest
For purposes of subparagraph (A), the adjusted tax difference attributable to an interest is the amount which bears the same ratio to the adjusted tax difference with respect to the estate (determined under subparagraph (C)) as—
(C)
Adjusted tax difference with respect to the estate
For purposes of subparagraph (B), the term “adjusted tax difference with respect to the estate” means the excess of what would have been the estate tax liability but for subsection (a) over the estate tax liability. For purposes of this subparagraph, the term “estate tax liability” means the tax imposed by section
2001 reduced by the credits allowable against such tax.
(D)
Partial dispositions
For purposes of this paragraph, where the qualified heir disposes of a portion of the interest acquired by (or passing to) such heir (or a predecessor qualified heir) or there is a cessation of use of such a portion—
(i)
the value determined under subsection (a) taken into account under subparagraph (A)(ii) with respect to such portion shall be its pro rata share of such value of such interest, and
(ii)
the adjusted tax difference attributable to the interest taken into account with respect to the transaction involving the second or any succeeding portion shall be reduced by the amount of the tax imposed by this subsection with respect to all prior transactions involving portions of such interest.
(E)
Special rule for disposition of timber
In the case of qualified woodland to which an election under subsection (e)(13)(A) applies, if the qualified heir disposes of (or severs) any standing timber on such qualified woodland—
(i)
such disposition (or severance) shall be treated as a disposition of a portion of the interest of the qualified heir in such property, and
(ii)
the amount of the additional tax imposed by paragraph (1) with respect to such disposition shall be an amount equal to the lesser of—
(I)
the amount realized on such disposition (or, in any case other than a sale or exchange at arm’s length, the fair market value of the portion of the interest disposed or severed), or
(II)
the amount of additional tax determined under this paragraph (without regard to this subparagraph) if the entire interest of the qualified heir in the qualified woodland had been disposed of, less the sum of the amount of the additional tax imposed with respect to all prior transactions involving such woodland to which this subparagraph applied.
For purposes of the preceding sentence, the disposition of a right to sever shall be treated as the disposition of the standing timber. The amount of additional tax imposed under paragraph (1) in any case in which a qualified heir disposes of his entire interest in the qualified woodland shall be reduced by any amount determined under this subparagraph with respect to such woodland.
(3)
Only 1 additional tax imposed with respect to any 1 portion
In the case of an interest acquired from (or passing from) any decedent, if subparagraph (A) or (B) of paragraph (1) applies to any portion of an interest, subparagraph (B) or (A), as the case may be, of paragraph (1) shall not apply with respect to the same portion of such interest.
(4)
Due date
The additional tax imposed by this subsection shall become due and payable on the day which is 6 months after the date of the disposition or cessation referred to in paragraph (1).
(5)
Liability for tax; furnishing of bond
The qualified heir shall be personally liable for the additional tax imposed by this subsection with respect to his interest unless the heir has furnished bond which meets the requirements of subsection (e)(11).
(6)
Cessation of qualified use
For purposes of paragraph (1)(B), real property shall cease to be used for the qualified use if—
(A)
such property ceases to be used for the qualified use set forth in subparagraph (A) or (B) of subsection (b)(2) under which the property qualified under subsection (b), or
(B)
during any period of 8 years ending after the date of the decedent’s death and before the date of the death of the qualified heir, there had been periods aggregating more than 3 years during which—
(7)
Special rules
(A)
No tax if use begins within 2 years
If the date on which the qualified heir begins to use the qualified real property (hereinafter in this subparagraph referred to as the commencement date) is before the date 2 years after the decedent’s death—
(B)
Active management by eligible qualified heir treated as material participation
For purposes of paragraph (6)(B)(ii), the active management of a farm or other business by—
(ii)
a fiduciary of an eligible qualified heir described in clause (ii) or (iii) of subparagraph (C),
shall be treated as material participation by such eligible qualified heir in the operation of such farm or business. In the case of an eligible qualified heir described in clause (ii), (iii), or (iv) of subparagraph (C), the preceding sentence shall apply only during periods during which such heir meets the requirements of such clause.
(C)
Eligible qualified heir
For purposes of this paragraph, the term “eligible qualified heir” means a qualified heir who—
(E)
Certain rents treated as qualified use
For purposes of this subsection, a surviving spouse or lineal descendant of the decedent shall not be treated as failing to use qualified real property in a qualified use solely because such spouse or descendant rents such property to a member of the family of such spouse or descendant on a net cash basis. For purposes of the preceding sentence, a legally adopted child of an individual shall be treated as the child of such individual by blood.
(d)
Election; agreement
(1)
Election
The election under this section shall be made on the return of the tax imposed by section
2001. Such election shall be made in such manner as the Secretary shall by regulations prescribe. Such an election, once made, shall be irrevocable.
(2)
Agreement
The agreement referred to in this paragraph is a written agreement signed by each person in being who has an interest (whether or not in possession) in any property designated in such agreement consenting to the application of subsection (c) with respect to such property.
(3)
Modification of election and agreement to be permitted
The Secretary shall prescribe procedures which provide that in any case in which the executor makes an election under paragraph (1) (and submits the agreement referred to in paragraph (2)) within the time prescribed therefor, but—
(B)
signatures of 1 or more persons required to enter into the agreement described in paragraph (2) are not included on the agreement as filed, or the agreement does not contain all required information,
the executor will have a reasonable period of time (not exceeding 90 days) after notification of such failures to provide such information or signatures.
(e)
Definitions; special rules
For purposes of this section—
(1)
Qualified heir
The term “qualified heir” means, with respect to any property, a member of the decedent’s family who acquired such property (or to whom such property passed) from the decedent. If a qualified heir disposes of any interest in qualified real property to any member of his family, such member shall thereafter be treated as the qualified heir with respect to such interest.
(2)
Member of family
The term “member of the family” means, with respect to any individual, only—
(C)
a lineal descendant of such individual, of such individual’s spouse, or of a parent of such individual, or
For purposes of the preceding sentence, a legally adopted child of an individual shall be treated as the child of such individual by blood.
(3)
Certain real property included
In the case of real property which meets the requirements of subparagraph (C) of subsection (b)(1), residential buildings and related improvements on such real property occupied on a regular basis by the owner or lessee of such real property or by persons employed by such owner or lessee for the purpose of operating or maintaining such real property, and roads, buildings, and other structures and improvements functionally related to the qualified use shall be treated as real property devoted to the qualified use.
(4)
Farm
The term “farm” includes stock, dairy, poultry, fruit, furbearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards and woodlands.
(5)
Farming purposes
The term “farming purposes” means—
(A)
cultivating the soil or raising or harvesting any agricultural or horticultural commodity (including the raising, shearing, feeding, caring for, training, and management of animals) on a farm;
(7)
Method of valuing farms
(A)
In general
Except as provided in subparagraph (B), the value of a farm for farming purposes shall be determined by dividing—
(i)
the excess of the average annual gross cash rental for comparable land used for farming purposes and located in the locality of such farm over the average annual State and local real estate taxes for such comparable land, by
For purposes of the preceding sentence, each average annual computation shall be made on the basis of the 5 most recent calendar years ending before the date of the decedent’s death.
(B)
Value based on net share rental in certain cases
(i)
In general
If there is no comparable land from which the average annual gross cash rental may be determined but there is comparable land from which the average net share rental may be determined, subparagraph (A)(i) shall be applied by substituting “average annual net share rental” for “average annual gross cash rental”.
(8)
Method of valuing closely held business interests, etc.
In any case to which paragraph (7)(A) does not apply, the following factors shall apply in determining the value of any qualified real property:
(A)
The capitalization of income which the property can be expected to yield for farming or closely held business purposes over a reasonable period of time under prudent management using traditional cropping patterns for the area, taking into account soil capacity, terrain configuration, and similar factors,
(B)
The capitalization of the fair rental value of the land for farm land or closely held business purposes,
(C)
Assessed land values in a State which provides a differential or use value assessment law for farmland or closely held business,
(9)
Property acquired from decedent
Property shall be considered to have been acquired from or to have passed from the decedent if—
(10)
Community property
If the decedent and his surviving spouse at any time held qualified real property as community property, the interest of the surviving spouse in such property shall be taken into account under this section to the extent necessary to provide a result under this section with respect to such property which is consistent with the result which would have obtained under this section if such property had not been community property.
(11)
Bond in lieu of personal liability
If the qualified heir makes written application to the Secretary for determination of the maximum amount of the additional tax which may be imposed by subsection (c) with respect to the qualified heir’s interest, the Secretary (as soon as possible, and in any event within 1 year after the making of such application) shall notify the heir of such maximum amount. The qualified heir, on furnishing a bond in such amount and for such period as may be required, shall be discharged from personal liability for any additional tax imposed by subsection (c) and shall be entitled to a receipt or writing showing such discharge.
(12)
Active management
The term “active management” means the making of the management decisions of a business (other than the daily operating decisions).
(13)
Special rules for woodlands
(A)
In general
In the case of any qualified woodland with respect to which the executor elects to have this subparagraph apply, trees growing on such woodland shall not be treated as a crop.
(D)
Election
An election under subparagraph (A) shall be made on the return of the tax imposed by section
2001. Such election shall be made in such manner as the Secretary shall by regulations prescribe. Such an election, once made, shall be irrevocable.
(14)
Treatment of replacement property acquired in section
1031 or
1033 transactions
(A)
In general
In the case of any qualified replacement property, any period during which there was ownership, qualified use, or material participation with respect to the replaced property by the decedent or any member of his family shall be treated as a period during which there was such ownership, use, or material participation (as the case may be) with respect to the qualified replacement property.
(B)
Limitation
Subparagraph (A) shall not apply to the extent that the fair market value of the qualified replacement property (as of the date of its acquisition) exceeds the fair market value of the replaced property (as of the date of its disposition).
(f)
Statute of limitations
If qualified real property is disposed of or ceases to be used for a qualified use, then—
(1)
the statutory period for the assessment of any additional tax under subsection (c) attributable to such disposition or cessation shall not expire before the expiration of 3 years from the date the Secretary is notified (in such manner as the Secretary may by regulations prescribe) of such disposition or cessation (or if later in the case of an involuntary conversion or exchange to which subsection (h) or (i) applies, 3 years from the date the Secretary is notified of the replacement of the converted property or of an intention not to replace or of the exchange of property), and
(g)
Application of this section and section
6324B to interests in partnerships, corporations, and trusts
The Secretary shall prescribe regulations setting forth the application of this section and section
6324B in the case of an interest in a partnership, corporation, or trust which, with respect to the decedent, is an interest in a closely held business (within the meaning of paragraph (1) of section
6166
(b)). For purposes of the preceding sentence, an interest in a discretionary trust all the beneficiaries of which are qualified heirs shall be treated as a present interest.
(h)
Special rules for involuntary conversions of qualified real property
(1)
Treatment of converted property
(A)
In general
If there is an involuntary conversion of an interest in qualified real property—
(2)
Treatment of replacement property
For purposes of subsection (c)—
(A)
any qualified replacement property shall be treated in the same manner as if it were a portion of the interest in qualified real property which was involuntarily converted; except that with respect to such qualified replacement property the 10-year period under paragraph (1) of subsection (c) shall be extended by any period, beyond the 2-year period referred to in section
1033
(a)(2)(B)(i), during which the qualified heir was allowed to replace the qualified real property,
(B)
any tax imposed by subsection (c) on the involuntary conversion shall be treated as a tax imposed on a partial disposition, and
(3)
Definitions and special rules
For purposes of this subsection—
(A)
Involuntary conversion
The term “involuntary conversion” means a compulsory or involuntary conversion within the meaning of section
1033.
(B)
Qualified replacement property
The term “qualified replacement property” means—
(i)
in the case of an involuntary conversion described in section
1033
(a)(1), any real property into which the qualified real property is converted, or
(ii)
in the case of an involuntary conversion described in section
1033
(a)(2), any real property purchased by the qualified heir during the period specified in section
1033
(a)(2)(B) for purposes of replacing the qualified real property.
Such term only includes property which is to be used for the qualified use set forth in subparagraph (A) or (B) of subsection (b)(2) under which the qualified real property qualified under subsection (a).
(i)
Exchanges of qualified real property
(1)
Treatment of property exchanged
(A)
Exchanges solely for qualified exchange property
If an interest in qualified real property is exchanged solely for an interest in qualified exchange property in a transaction which qualifies under section
1031, no tax shall be imposed by subsection (c) by reason of such exchange.
(B)
Exchanges where other property received
If an interest in qualified real property is exchanged for an interest in qualified exchange property and other property in a transaction which qualifies under section
1031, the amount of the tax imposed by subsection (c) by reason of such exchange shall be the amount of tax which (but for this subparagraph) would have been imposed on such exchange under subsection (c)(1), reduced by an amount which—
(ii)
the fair market value of the qualified exchange property bears to the fair market value of the qualified real property exchanged.
For purposes of clause (ii) of the preceding sentence, fair market value shall be determined as of the time of the exchange.
(2)
Treatment of qualified exchange property
For purposes of subsection (c)—
(A)
any interest in qualified exchange property shall be treated in the same manner as if it were a portion of the interest in qualified real property which was exchanged,
(3)
Qualified exchange property
For purposes of this subsection, the term “qualified exchange property” means real property which is to be used for the qualified use set forth in subparagraph (A) or (B) of subsection (b)(2) under which the real property exchanged therefor originally qualified under subsection (a).