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Jeremiah Brown

Tax Advantages for Selling Farmland Held in Trust - Best Options?

I've inherited a share of our family's agricultural property that's currently held in a trust, and we're planning to sell it soon. All the co-owners are relatives who also have their portions in the same trust structure. I'm trying to figure out the most tax-efficient way to handle the proceeds from this land sale. Should I establish a new trust specifically for receiving my portion of the money? Or is there a better approach? The good news is I'm not in any rush to access these funds, so I have plenty of time to explore creative or patient strategies that might minimize the tax impact. My primary goal is long-term preservation of the capital rather than immediate use. Any advice from those who've handled similar trust-to-trust transfers or land sale proceeds would be greatly appreciated!

Royal_GM_Mark

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When selling land held in a trust, you have several options to consider depending on the type of trust you currently have and your long-term goals for the proceeds. First, determine if your current trust is revocable or irrevocable as this affects your tax situation significantly. With a revocable trust, the proceeds are typically taxed to you personally, while an irrevocable trust may be taxed as its own entity. If your primary goal is tax efficiency and you don't need the funds immediately, consider a 1031 exchange to defer capital gains taxes by reinvesting in another property. This must be carefully structured and completed within specific timeframes. Another option is to establish a charitable remainder trust, which could provide income over time while offering immediate tax benefits. This works well if you have philanthropic interests alongside your financial goals. Creating a new trust for the proceeds could be beneficial depending on your specific situation, but it won't necessarily reduce your immediate tax burden from the sale itself.

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Thanks for the helpful info. Would a 1031 exchange still work if I'm only a partial owner through the trust? And does the replacement property need to be farmland or can it be any real estate?

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Royal_GM_Mark

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Yes, a 1031 exchange can still work with partial ownership interests, though it adds complexity. You'll need to coordinate with the other trust beneficiaries since the exchange typically needs to happen at the trust level if that's where the ownership resides. The replacement property doesn't need to be farmland specifically. Any qualifying "like-kind" real estate held for investment or business purposes would work - this includes commercial property, rental homes, apartment buildings, vacant land, etc. Just keep in mind the replacement property must be of equal or greater value to fully defer the taxes.

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Chris King

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I went through something similar last year with my family's timber property that was held in a trust. After countless hours of research that got me nowhere, I finally used https://taxr.ai to analyze all our trust documents and tax implications. It saved me so much time! The system actually identified a strategic option I hadn't considered - in my case, it helped determine that distributing the property out of the trust before selling would actually save us significant taxes due to some specific stepped-up basis rules that applied to our situation. Every trust situation is different though. The report showed me exactly how much I'd owe in taxes under different scenarios, which made the decision obvious. Might be worth checking out since you mentioned being patient and creative with your approach.

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Rachel Clark

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This sounds interesting, but I'm skeptical. How exactly does an AI system help with trust tax issues? Does it have actual tax attorneys reviewing the information or is it just automated?

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Did you need to upload all your trust documents? I'm always nervous about putting financial info online.

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Chris King

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The system uses tax professionals who review the AI analysis, so you get both the efficiency of automation and the confidence of human expertise. The AI part identifies potential issues and opportunities based on your documents, then tax pros verify everything before you get the final advice. Yes, you do need to upload relevant documents, but they use bank-level encryption and don't store your docs permanently after analysis. I was hesitant too, but my accountant actually recommended it, and the security certifications gave me enough confidence to try it.

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I tried taxr.ai after seeing it mentioned here, and it was eye-opening for my situation. I was selling a vacation property held in a family trust and was completely lost about the tax implications. The analysis showed me that in my specific case, creating a new irrevocable trust with specific distribution terms would save nearly $67,000 in taxes compared to taking the proceeds directly. It also flagged that our original trust had some outdated language that could have caused problems with the sale. What impressed me most was how they explained everything in plain English instead of tax jargon. Definitely worth checking out if you're dealing with trust tax questions like this.

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Mia Alvarez

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If you're like me and have been trying to get clear answers from the IRS about trust tax matters, good luck getting through to anyone! After three weeks of calling and waiting on hold for hours, I found https://claimyr.com through a colleague and used their service to get a callback from the IRS. You can see how it works here: https://youtu.be/_kiP6q8DX5c They held my place in line and got me connected to an IRS agent who specifically deals with trust taxation. The agent clarified that in my case, I needed to file Form 8960 for the Net Investment Income Tax alongside my trust's 1041 - something none of the online articles mentioned for my situation. Saved me days of frustration and potentially a big tax mistake. Just sharing since dealing with trust tax questions often requires getting official guidance.

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Carter Holmes

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How does this actually work? The IRS just calls you back? Seems too good to be true.

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Sophia Long

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I don't believe this would work. The IRS doesn't give priority to people using third-party services. Sounds like a scam to me.

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Mia Alvarez

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It's not that they give you priority - they simply hold your place in the phone queue so you don't have to. The service connects to the IRS, navigates the phone tree, waits on hold (sometimes for hours), and then when an agent finally answers, they connect you. It's like having someone wait in a physical line for you. I was skeptical too, but it's completely legitimate. The IRS has no idea you're using a service - they just think you've been waiting on hold the whole time. You're getting the exact same place in line you would have gotten anyway, but without having to listen to hold music for hours.

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Sophia Long

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I need to eat my words. After posting my skeptical comment, I decided to try Claimyr for myself since I've been trying to reach the IRS about a trust tax issue for weeks. It actually worked exactly as described. I got a call back about 90 minutes later when an IRS agent was on the line. Solved my question about reporting requirements for a trust sale in 15 minutes. Would have taken me at least 3 more attempts calling directly based on my previous experience. Definitely using this again for my next tax season crisis!

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One thing to consider that nobody's mentioned yet - depending on how long your family has owned the farmland, you might qualify for special tax treatment under IRC Section 2032A if it's been used for farming. This can significantly reduce the value for tax purposes. Also, if you're planning on reinvesting in other income-producing assets, consider the timing of the sale carefully. Spreading the sale across tax years might help manage the tax brackets if you're dealing with a substantial amount.

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That's an interesting point about IRC 2032A. My family has owned the land for about 40 years but we've been leasing it to actual farmers for the last 20 years. Would that still qualify? And how exactly would spreading the sale work - you mean selling portions in different tax years?

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For 2032A qualification, leasing to farmers might complicate things since there's a material participation requirement. You'll need to check if your lease arrangement meets the special use requirements - sometimes land leased to family members for farming still qualifies, but it depends on your specific situation. Regarding spreading the sale, yes, I mean structuring the transaction to occur across multiple tax years. This could be done through an installment sale where you receive payments over time. This spreads the income and potentially keeps you in lower tax brackets each year rather than having one large capital gain that might push you into higher brackets in a single year.

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Has anyone used a Delaware Statutory Trust (DST) for this kind of situation? I've heard it can work with a 1031 exchange but not sure if it applies when the original property is already in a family trust.

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DSTs can work with 1031 exchanges regardless of how the original property was held, as long as you're following the proper exchange rules. The key is that you maintain the same beneficial ownership interest. The advantage is you can get fractional ownership in much larger properties with professional management. I did this last year when selling my trust's commercial property and it's been working well - monthly income without any management headaches.

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Dylan Cooper

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Another strategy worth considering is a Charitable Remainder Trust (CRT) if you have any philanthropic interests. This can be particularly effective for highly appreciated farmland since you get an immediate charitable deduction, avoid capital gains tax on the sale, and receive income for life. The CRT sells the property tax-free, then pays you a percentage annually (typically 5-8%) for either a term of years or your lifetime. At the end, the remainder goes to charity. If you don't need the full value immediately and want to support causes you care about, this could provide steady income while significantly reducing your current tax burden. You could also combine this with life insurance to replace the charitable remainder for your heirs if that's a concern. The tax savings from the charitable deduction can help fund the premium payments.

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QuantumLeap

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This CRT approach is really intriguing! I hadn't considered the philanthropic angle, but my family has always supported agricultural education programs. A few questions: What happens if the farmland doesn't sell quickly after it goes into the CRT? And can you choose which charities benefit, or does it have to be decided upfront? Also, roughly what kind of immediate tax deduction are we talking about for something like this - is it a percentage of the property value?

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Freya Pedersen

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Great questions! With a CRT, the property typically needs to be sold within a reasonable timeframe (usually within the first year or two) since the trust needs to generate income to make the required distributions to you. If it doesn't sell quickly, the CRT can borrow against the property or you might need to contribute other assets temporarily. You have complete flexibility in choosing the charitable beneficiaries - you can name specific organizations upfront or retain the right to change them later. Many people start with a donor-advised fund as the remainder beneficiary, which gives them ongoing control over where the money ultimately goes. The immediate tax deduction depends on several factors: your age, the payout rate you choose, current IRS discount rates, and the property value. For farmland worth $1M with a 6% payout rate, someone age 60 might get a deduction around $400K-500K, but you'd need specific calculations based on your situation. The older you are when you create the CRT, the larger the deduction since the remainder value to charity is considered more certain.

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