MANN ^m H HJ H ': i 4652 ■ ' 4 A42 H i 1920B| 3 1924 089 511 210 '465^ TREASURY DEPARTMENT UNFTED STATES INTERNAL REVENUE V INCOME TAX PRIMER FOR FARMERS CREVISED) PREPARED BY THE BUREAU OF INTERNAL REVEVIUE FOR THE INFORMATION AND ASSISTANCE OF TAXPAYERS _ .. . FEBRUARY, 1920 ^ WASHINGTON GOVERNMENT PRINTING OFFICE -r ^LBER! R. Ma\NN 1IBRAR> AT a3RNFLL UMVERSIT.Y INCOME TAX PRIMER FOR FARMERS. RETURNS. 1. Who is a farmer? The term " farmer " as used in this primer embraces per- sons operating stocli, dairy, poultry, fruit, or truck farms, plantations, ranches, or any land used for fruit raising or agricultural purposes. 2. I am a farmer. Am I required to make a personal income-tax return for 1919? Yes; if your total net income for the taxable year was $1,000 or over, unless you were married and living with your husband or wife on the last day of your taxable year, in which case you should file a return in the event your total net income equaled or exceeded $2,000. 3. To what personal exemptions am I entitled? If on the last day of your taxable year you were a single person you are entitled to an exemption of $1,000; if you were married and living with your wife or husband, or were the head of a family, you are entitled to an exemption of $2,000. You are also entitled to a further exemption, whether single or married or the head of a family, of $200 for each person (other than husband or wife) dependent upon and receiving his chief support from you, if such dependent per- son is under 18 years of age, or, regardless of age, if incapable of self-support because mentally or physically defective. 4. Wife dies July 1, 1919, leaving no children. Is the man entitled to a $2,000 or $1,500 deduction as head of a family? He is entitled to $1,000 personal exemption as a single man. The joint personal exemption may not be claimed on account of husband or wife Tpho dies during the taxable' year. The status of the taxpayer on the last day of his taxable* year determines his right to an additional exemption and to a credit for dependents. If then he is the head of a family or is married and living with his wife, the personal exemption of $2,000 may be taken. If then he is the chief support of a dependent who is under 18 years of age, or incapable of self- support because mentally or physically defective, the credit of $200 may be taken. Otherwise he is only entitled to a personal exemption of $1,000. 6. The child dies July 1, 1919. Is the head of a family entitled to a $200 or $100 deduction on that child ?i The head of the family is entitled to no credit for this child in his income-tax return. See answer to question No. 4. 3 4 INCOME TAX PEIMBR FOR FARMERS. 6. On October 10, 1919, 1 married a widow with one dependent child 3 years old, both of whom I have supported since marriage. To what exemption am I entitled? To an exemption of $2,000 for yourself and wife and an additional amount of $200 for the child. : 7. A widower having a child under 18 years of age pays board in a private family for himself and child. Is he entitled to a personal exemption of $2,200, as the head of a family with one minor child ? If not, what exemption is he entitled to ? Ex- plain what is the head of a family. (a) A widower with^a child under 18 years of age, paying board in a private family for himself and child, is entitled to the exemption of $2,000 as the head of a family and also to the additional exemption of $200 for such dependent child. (5) A "head of a family" is a person who actually sup- ports and maintains in one household one or more-individuals who are closely connected with him by blood relationship, relationship by marriage, or by adoption, and wliose right to exercise family control and provide for these dependent in- dividuals is based upon some moral or legal obligation. 8. A child under 18 years of age has an independent income; should this child make-an individual report or must the income be included in the parent's return ? This case is governed by section 223 of the Revenue Act of 1918, and Article 403 of Regulations 45. The rule is that a minor is required to render a return of income if he has a net_ income of $1,000 or over for the taxable year. In case the aggregate net income of the minor from any property he possesses and from any funds held in trust for him by a trustee or guardian and from any earnings fdr his own use is at least $1,000, a return as in the case of any other individ- ual must be made by him, or by his guardian, or some other person charged with the care of this person or property for him. An exception is made in case of a minor having an income who is dependent upon his parent, and the parent appropriates, or may appropriate his earnings. In such a case earnings are income of the parent and not of. the minor. It should be borne in mind, however, that in the absence of proof to the contrary, a parent will be assumed not to have emancipated his minor child and must include in his return any earnings of the minor. 9. What is meant by the taxable year 1919 ? The calendar year 1919 or any fiscal year ending during the calendar year 1919. 10. What does the term fiscal year mean ? An accounting period of 12 months ending on the last day of any month otner than December. 11. Upon what period of time shall my 1919 income-tax return be based ? Upon the calendar year 1919, unless you have an established accounting period which is a fiscal year as defined in the answer to question 10. INCOME TAX PEIMEE FOR FABMBES. 9 12. My principal crop is tobacco. I keep books of account which accurately show my true gains and profits, take annual in- ventories, and close my books on March 31. My tax return for 1918 covered the calendar year 1918. Upon what period shall I make a return for 1919 ? Since your annual accounting period is the fiscal year end- ing March 31, you should rbake a return lowing your true net income from April 1, 1918, to March 31, 1919. As this return should have been filed not later than June 15, 1919, you should attach an affidavit to it stating the reasons why it was not filed on time. If you were keepmg your books on this basis during 1917 and 1918 an amended return covering the period April 1, 1917, to March 31, 1918, must also be filed, accompanied with an affidavit. Your returns in future should then be filed for your full fiscal year, and the one covering period April 1, 1919, to March 31, 1920, must be filed not later than June 15, 1920. Permission to change your accounting period for income-tax purposes may be obtained through the collector for your district, if such request is made not later than 30 days prior to the date on which a return for your new accounting period would be due and also 30 days prior to the due date of your return on the present basis on which your accounts are kept. 13. Can a return be made for a period of more than 12 months ? No. 14. Where should my personal return for the year 1919 be filed? "With the collector of internal revenue for -the district in which you have your legal residence or principal place of business. If your legal residence is located in one collection district and your principal place of business in another, it is optional with which collector your return shall be filed; but for administrative reasons the Commissioner of Internal Rev- enue desires that it be filed with the collector of the district in which your legal residence is located. 15. When should my return for calendar year 1919 be filed with a collector of internal revenue? On any day after December 31, 1919, but not later than March 15, 1920. 16. Will failure to file my return within the time prescribed by law render me liable to any penalty ? Yes. You would be liable to a penalty of 25 per cent of the amount of the tax due from you, unless your failure to file the return on time is satisfactorily shown to be due to a reason- able cause. You would also be liable to an additional penalty of not to exceed $1,000, unless you refused to make a return when called upon to do so, in which case you would be liable to a penalty of not to exceed $10,000, and imprisonment for not more than one year, or both, together with the costs of prosecution. 17. May an extension of time beyond March 15, 1920, be obtained for the filing of my 1919 return ? Yes. If, on account of illness or absence from home you are unable to file your return within the time prescribed by 8 ZHCOMH TAX PBIMER FOB FABMBSS. law, you may obtain an extenfiiitHi' o>f 30 days ii st request 1^ere>- for is made to the collector of yerar ddstrict witJiin the period covered by the extension ai&ked for. Im tBtis reiefuest yon must state the reason why the retioiini) can niOit ha, filed within the time prescribed by law. 18. Would a personal return made by am ageitt far amdi in my behalf be accepted? If, by reason of illness, absence, or ny lightnmg. The cattle were insured and I received $500 in- surance money. Must this be included in income? Yes. For income-tax purposes the receipt is the equivalent of a sale. It constitutes income to you. INCOME TAX PRIMER FOR FARMERS. 17 167. Are there any items of income, other than those above suggested, "which should be included in gross income ? Income from every source not wholly exempt from income tax (see answer to question No. 22) must be included. These include income from salaries and wages, rents, interest on notes, mortgages, etc. ; also income from trustees and partner- ships, royalties from mines, oil and gas wells, dividends on stocks, etc. DEDUCTIONS FROM GROSS INCOME. 68. What deductions are allowed from gross income in arriving at net income ? The Revenue Act of 1918 allows the following deductions from gross income in ascertaining net income: (1) All the ordinary and necessary expenses paid or in- curred during the taxable year in carrying on any trade or business. (2) All interest paid or accrued within the taxable year on indebtedness (except on indebtedness incurred or continued to purchase or carry obligations or securities the interest upon which is wholly exempt from taxation. (3) Taxes paid or accrued within the taxable year except Federal income, war-profits, and excess-profits taxes and taxes assessed against local benefits of a kind tending to increase the value of the property assessed. (4) Losses sustained during the taxable year and not com- pensated for by insurance or otherwise if incurred in trade or business. (5) Losses suctrincd during the taxable year and not com- pensated for by insurance or otherwise, if incurred in any transaction entered into for profit, though not connected with the trade or business. (6) Losses sustained during the taxable year on property not connected with the trade or business if arising from fires, storms, shipwrecks, or other casualty, or from theft, and if not compensated for by insurance or otherwise. (7) Debts ascertained to be worthless and charged off within the taxable year. (8) A reasonable allowance for the exhaustion, wear, and tear of property used in the trade or business, including a reasonable allowance- for obsolesence. (9) In the case of mines, oil and gas wells, other natural "deposits, and timber, a reasonable allowance for depletion and for depreciation of improvements according to the pecu- liar conditions in each case, based upon costs, including cost of development hot otherwise deducted. (10) Contribntionff or gifts made within the taxable year, to corporations organized and operated exclusively for re- ligious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net eami-igs of which inures to the benefit of any private 18 INCOME TAX PKIMER TOE FAEMEBS. stockholder or individual, or to the special fund for yocatioaal rehabilitation, authorized by section 7 of the Vocational Re- habilitation Act, to an amount not in excess of 15 per cent of the taxpayer's net income as computed without the benefit of this paragraph. 69. What items are not deductible from gross income? Section 215 of the act provides : That in computing net in- come no deduction shall in any case be allowed in respect of — ^ (a) Personal, living, or family expense; (b) Any amount paid out for new buildings or for perma- nent improvements or betterments made to increase the value of any property or estate ; (c) Any amount expended in restoring property or in making good the exhaustion thereof for which an allowance is or has been made ; or ^. (d) Premiums paid on any life insurance policy covering the life of any officer or employee, or of any person financially interested in any trade or business carried on by the taxpayer, when the taxpayer is directly or indirectly a beneficiary un- der such policy. OKDINAET AND NECESSAET EXPENSES. 70. iWhat ordinary and necessary expenses are deductible ? All amounts actually jpaid for labor in preparing land for a crop, and the cultivation, harvesting, and marketing of the crop ; the cost of the seed and fertilizer used ; the amounts expended for labor used in caringi for live stock and the cost of the feed purchased ; the amounts paid in making repairs to farm buildings, but not the dwelling house ; repairs to fences, farm machinery, etc. ; the cost of material and farm tbols which are used up in the course of a year or so, such as pitch- forks, spades, and similar tools, but not including farm im- plements, machinery, wagons, and other vehicles which are regarded as capital investments ; and the amount of rent paid for a farm may also be claimed. If books are kept upon an accrual basis, such expenses are deductible for the year or years in which they accrued. Amounts paid as the purchase price of an automobile, even * though used wholly or partly in the business, are not deduc- tible because such aniounts represent capital investments. A reasonabla allowance for depreciation may be claimed, based upon a portion of the cost in the ratio that the use of the automobile for business purposes bears to its use for pleasure or for personal and family convenience. 71. Are any payments for periiianent improvements to my farm deductible ? No ; they are not expenses ; they are investments of capital. 72. I purchased in 1918 a mowing machine and cultivator, at a cost of $150, and small hand tools, at a cost of $50. Can these amounts be deducted from gross income? The cost of the hand tools may be deducted as an ordinary expense. The purchase price or the cultivator and mowing INCOME TAX PBIMER FOB FARMEBS.- 19 machine constitutes investment. They have an estimated life of more than one year, and payment for them should be con- eidered capital expenditures. A reasonable amount for de- preciation of the machines may be deducted from gross in- come. t3. Can payments of premiums on insurance policies for insurance against fire, hail, tornado, or windstorm be deducted ? The cost of insurance of crops and of all farm buildings ex- cept the house in which the owner lives is deductible. 74. Can the cost of gasoline, repairs," and upkeep of an automobile or other vehicle used partly for business purposes and partly for pleasure be deducted ? If the automobile is used one-half of the time or one-third of the time for business purposes, the same fractional part of the cost of repairs, etc., may be deducted as a necessary expense. No deduction may be made if the automobile is used solely for the pleasure or personal convenience of the taxpayer or his family. 75. Are the items of expense incurred by me during the calendar year in connection with a farm which I lease to another on a cash or crop-share rental basis, such as repairs to fences, farm buildings, etc., allowable as deductions? Yes ; deductible for the year in which paid if your books are kept on a' cash, receipts and disbursements basis. If your books are kept on an accrual basis these expenses are deductible in the year in which they accrued. 76. A tenant, under the terms of a lease, is obliged to pay a cer- tain cash rental and all taxes assessed against the property and keep it insured. May he claim as a business expense the aggregate amount of rental, taxes, and insurance premiums paid? Yes, if the property is used by the tenant for business or trade purposes. 77. I own stock in a corporation which in 1919, assessed each of its stockholders "$50 on'each share held. Can the amount paid by me be claimed as a deduction ? No. Assessments mg,de by a corporation on its capital stock are regarded as further investments of capital and do not constitute an allowable deduction in the return of the in- dividual. 78. Can the value of a crop paid to the landlord by the tenant be deducted as an expense by the tenant ? ^o. It is not a part of the expenses paid by him. He may deduct all amounts paid by him in raising the crop. 79. I emplo3^ a man to assist me in operating my farm and a woman to assist about the house. Is the compensation paid to each allowable as a deduction? Unquestionably, as to the amount paid to the male em- ployee, but a line must be drawn as to the amount paid to the femal'e employee. If her time is employed entirely in taking care of milk'and cream produced for sale, in the pro- duction of butter, cheese, etc., the care of milk cans and chums, or, if a separate table is maintained for laborers em- 20 UrCXXME TAX PBIMER FOE TAEMEES. ployed on the farm and her services are used entirely in the preparation and serving of the meals furnished the laborers and in caring for their rooms, the compensation paid her con- stitutes an allovs^ahle deduction. If, however, she is employed to assist in caring for the farmer's own household, no deduc- tion can be claimed. 80. If I employ a minor son or daughter to assist me in my business or trade and I pay a salary or wage for such assistance, may I claim the amount as a deduction? No. If, however, the son or daughter has attained his or her majority or has been emancipated, the amount of compen- sation paid for his or her services may be so claimed. (See question No. 8.) " - 81. In purchasing fertilizers I gave notes in payment which I had not paid at the close of the year. Should the cost of the fer- tilizers be deducted in the year in which I gave the notes or in the year in which I paid them ? Payment by a note is the equivalent of a payment in cash. Therefore, the cost of the fertilizers should be deducted from income in the year in which the notes were given. 82. I pay dues to a county social club. Are these payments de- ductible ? No; such dues are a personal expense rather than a busi- ness expense. 83. In certain States fruit growers, ranchers, and farmers are share- holders in irrigation companies, which are mutual in char- acter, and they are often assessed, in proportion to their hold- ings of stock, for sufficient amounts to make repairs to the irrigation system, cleaning out pipes, laterals, etc. Can such assessments be claimed as deductions under the head of busi- ness expenses? Yes. Where the purpose of the assessment is merely to raise funds to keep the irrigation system in usable condition and not to make extensions or betterments, the amount assessed against each shareholder may be so claimed. 84. I purchased a thrashing machine at an auction. Is the amount I paid a legal deduction? No ; it is an investment of capital. 85. (Jan the cost of digging irrigation ditches be deducted as an ex- pense ? No ; but the cost of repairing such ditches may be deducted. 86. I go to New York every year for the purpose of arranging for the sale of my orange crop. May I deduct the expenses of my trip? The amount expended by you for railroad fare may be claimed as a deduction, but the cost of meals and lodging rep- resents a personal expense and is not deductible. 87. The average farm has at least a fair set of improvements. Buildings require new roofs and other repairs. Pumps, wind- mills, tanks, and troughs wear out. Fences must be repaired. All these, and other expenses not thought of, make a big item of exjiense on the farm. What is a fair vray to estimate this depreciation when listing the income from fanning for income tax ? INCOME TAX PRIMER FOR FARMERS. 21 Depreciation on farm buildings and equipment depends upon the useful life of the property used m the business. See answer to question number 105. It is to be understood, however, that the cost of placing new roofs on buildings, and the cost of pumps, windmills, tanks, etc., including the cost of their installation, constitute capital expenditures and the amount thereof may be made the subject of depreciation charges the same as the cost of the original items. Cost of repairs of articles that do not prolong the life more than a period of one year may be deducted from gross income as a business expense^ Repairs in the nature of replacements, to the extent that they arrest deterioration and appreciably prolong the life of the property, should be charged against the depreciation re- serve. 88. A man sold an option on several town lots. The lots were to be paid for as sold by option holder. It later developed that the option holder contemplated erecting undesirable build- ing on the lots, and to prevent this from Jaeing done the owner, returned the amount paid for the option and in ad- dition paid $400 for its release. Is this $400 a deductible item of expense or capital investment? The $400 is a capital investment, and should be treated as additional cost of the lots. INTEREST. 89. Can all interest paid or accrued within taxable year on indebted- ness be deducted ? Yes; except on indebtedness incurred or continued to pur- chase or carry securities (like municipal or county bonds), the income from which is wholly exempt from tax. TAXES. f>0. Can all Federal and local taxes be deducted ? Yes ; with the exception of United States income, excess and war profits taxes, inheritance or legacy taxes, and assessments against local ibenefits of a kind tending to increase the value of the property assessed. 91. Am I not entitled to deduct the income-tax which I paid to the collector for the taxable year 1918? No. 92. A taxpayer's fiscal year ends January 31, 1920; is it proper to charge against expense local taxes accrued for 1919, payable in 1920, although taxes for 1918, payable in 1919, were charged against the 1919 business? The Revenue Act of 1918 provides that in^computing the net income there shall be allowed as a deduction "taxes paid or accrued within the taxable year imposed * * * by the authority of any State or Territory or any county, school dis- trict, municipality, or other taxing subdivision of any State - 'Or Territory, not including those assessed against local bene- 22 . INOOMB TAX PRIMER FOR rAKMERS. fits of a kind tending to increase the vaJue of the properjtjr assessed." Section 200, however, provides that the term "Paid or accrued" is construed accordingto the method of accounting upon the basis of which the net income is computed under section 212, and article 23 thereunder, of Eegulations 45, which provides that the accounts of a taxpayer may be kept on either a receipts or accrual basis and that deductions shall be taken accordingly. If, therefore, the books of a taxpayer are kept on the cash receipts and disbursements basis, taxes accrued in 1919 but iiot payable until 1920 can not be taken as a deduction until actually paid in 1920. If, however, the books are kept on the accrual basis the taxes may be taken as a deduction in 1919 " when accrued, even though not payable until 1920. LOSSES. ( 93. My wheat crop was ruined by hail. I had no insurance. May I deduct the value of the crop as a loss ? No. The value of the crop has never entered into gross in- come. The cost of raising the crop is deductible as a neces- sary expense. 94. How am I to determine what amount of loss, resulting from a sale of property, is allowable as a deduction ? The same method of computation should be followed as is outlined in the answer to the 32d question. If the result is a loss instead of a gain, that loss may be claimed as a deduction. 95. Suppose I buy a farm, which is run down, with thfe inten- tion of making it a profit-paying property — ^that is, I intend to operate it for profit- and not for recreation or pleasure. To do this I am obliged to «xpehd large amounts for labor in plowing and cultivating the land, foT fertilizer, lime, etc., and for several years the expenses will greatly exceed the gross receipts. Can the excess of expenses over receipts for each year be claimed as a loss ? It is held that all such necdfesary expenses as contemplated by the^income-tax law of cultivating, operating, or managing a farm on a basis embodying the recognized principles of commercial farming, for the purpose of gain or profit and not for recreation or pleasure, may be claimed as deductions in returns of income, even though these expenses exceed the in- come from the farm and the result is a continued loss, pro- vided the farm is continued to be operated on a strictly com- mercial basis. 96. Can a deduction be permitted on account of the total destruction of an orchard by frost, and what would be the proper method of ascertaining the loss deductible ? Yes. The amount to be claimed as a loss is the actual cost of the trees destroyed plus. the amount of expenses incurred, but not deducted for tax purposes, in caring for the orchard up to the time it reached the productive stage, less any de- preciation sustained. INCOME TAX PRIMER FOB FAKMERS, 23 •7. I own a tract of timber which was partially destroyed by fire during 1919. Is this loss allowable as a deduction? The actual amount of capital invested in standing timber, jf acquired on or after March 1, 1913, and later destroyed by , fire, may be claimed as a deduction if not compensated for by in- surance or otherwise. If the timber was acquired prior to March 1, 1913, its fair market price or value as of that date may be claimed. To illustrate the method to be employed in computing the amount of loss allowable as a deduction, the following is submitted : A tract of land was acquired prior to March 1, 1913, and the estimated amount of timber standing on that tract on that date was 1,000,000 feet, board measure, the fair market price. or value per 1,000 feet established by the current prices prevailing in the locality of the tract in question as of March 1, 1913, being $4. During the year 1919 400,000 feet of this timber was destroyed by fire. In this case $1,600 is the amount which may be claimed as a deduction. 98. If cattle or other live stock are raised on a farm which I own or operate, and are then lost through disease, may I claim their value at the time of death as an allowable deduction ? No. If, however, the stock which died were purchased for any purpose and the cost has not been claimed in a previous return as a deduction, that cost, less any insurance wluch may be received, may be claimed as a deduction. In determining the cost of stock for the purpose of ascertaining the deducti- ble loss there shall be taken into account only the purchase price, and not the cost of any feed, pasturage, or care which has been deducted as an expense of operation. If gross income is ascertained by inventories, no deduction can be made for live stock or products lost during the year, whether purchased for resale or^produced on the farm, as such losses will be reflected in the inventory by reducing the amount of live stock or products on hand at the close of the year. 99. I purchased $5,000 Liberty bonds in May, 1918, paying $5,000 for same. The market price of these bonds was only $4,800 on December 31, 1919. Am I entitled to deduct a loss of $200 on th^ese securities? I am not a recognized dealer in securities. No. The securities have not been sold, and no loss has been sustained. No loss can be deducted until securities are disposed of and a loss actually is sustained. DEBTS ASCERTAINED TO BE WORTHLESS. MtO. What conditions are necessary in order that a worthless debt may be claimed as a deduction ? It must be (a) a bona fide debt, (5) definitely ascertained to be worthless and uncollectible during the year for which the deduction is claimed, and (c) if books are kept it must be charged off within the year for which the deduction is claimed and no longer considered an asset or carried as such on the books. An account merely written down or a debt recognized as worthless prior to the beginning of the taxable year is not deductible. 24 INOOME TAX PBIMER FOR FARMERS. 101. In 1919 a corporation or a firm to which I had loaned moneyi became bankrupt. Can this debt be considered absolutely worthless and claimed as a deduction for 1919 ? Yes, if it is definitely known that nothing can be collected from the debtor itself or any person connected with it. 102. Is it absolutely necessary that the debtor corporation or firm mentioned in the above inquiry be declared a bankrupt and its receiver discharged.before I can claim a deduction on account of the debt in question ? No. If the debtor corporation has no . assets whatsoever available for application to the debt in question, and it is definitely known that nothing whatsoever can be collected from the debtor itself or any .person connected with it, a creditor need not go to the expense of instituting bankruptcy proceedings in order to establish his right to claim the worth- less debt as a deduction. 103. "A" indorses a note for "B." The latter has since departed for parts unknown and the note became due in 1919, and "A" was required to make good his indorsement. Can he now claim as a deduction the amount paid by him to the creditor? Yes. If he has no knowledge of "JB's" present whereabouts and has good reason to believe that he is possessed of no assets and that it is his intention never to make payment of it, the amount so paid by "A" may be considered a bad debt due him from " B." DEPRECIATION. 104. What is depreciation? Depreciation is a lessening in value of farm buildings, ma- chinery, etc., employed in the business arising from wear, tear, o^ obsolescence. 105. At what rates may depreciation be claimed, and under what conditions? The annual allowance ' for depreciation should be based upon the life of the property ; that is, the cost of the property or the value of the same when acquired, if received by gift or bequest, or its fair market price or value as of March 1, 1913, if acquired prior thereto, should be ratably spread over its life. For instance, the rate of depreciation to be deducted on buildings used for business purposes the probable life of which is 50 years would be 2 per cent. The probable life means of course the number of years the property would be usable in business if ordinary repairs are made from the date of acquisi- tion or in case of property acquired prior to March 1, 1913, the number of years the property would be usable from March 1, 1913. In the case of property acquired by gift or bequest, ' the " cost " of such property for depreciation purposes is the appraised value at the time the property was acquired. If property in respect of which depreciation is claimed was acquired prior to March 1, 1913, the fair market value as of that date will b& assumed to be, in the absence of proof to the con- trary, the cost of the property, less depreciation up to that date. . INCOME TAX PRIMER FOR FARMERS. 25 In claiming depreciation the following fundamental prin- ciples must be taken into considerations (a) Only such depreciation as results from exhaustion, ■wear, and tear of property, arising out of its use or employ- ment in business or trade, can be claimed. Depreciation in the value of a home or any article of property, such as auto- mobiles, used for personal pleasure or convenience, can not be claimed; the property must be used for the purpose of pro- ducing income. (&) Depreciation in the value of land, whether improved or unimproved, due to ordinary erosion, exhaustion, or any other cause, can not be claimed. (c) Where, in the course of years, the owner of property has claimed its full cost as depreciation in his income-tax re- turns, no further claim will be allowed. (d) The value to be cared for by depreciation is the actual amount invested in the property and not the value which may be arbitrarily or otherwise fixed. 106. What is the usual depreciation allowed on general feed mill machinery, mill building, electric light plant, and frame build- ing combined ? As the rate at which depreciation may be claimed is de- pendent to a greater or less extent upon local conditions, the use to which the property is put and its probable life under- normal business conditions, no rates applicable to all classes of property have been established, and no specific rates can be given at which depreciation may be claimed with respect to any particular property. 107. What is the depreciation on gasoline engine? The rate of depreciation which may be claimed on a gasoline engine depends upon the useful life of the engine in the busi- ness. See answer to question No. 105. 108. Am I entitled to deduct under the heading of " Depreciation " shrinkage in the value of cattle, work horses, and mules pur- cliased or raised on my farm ? Depreciation may be claimed with respect to live stock pur- chased for breeding or draft purposes on account of reduc- tion in value due to increase of age or other causes. Such animals should not, however, be included in your inventory of live stock and farm products. 109. In 1Q14 I inherited a farm which I rent. May I olaim any amount on account of wear and tear on the buildings which are depreciating in value? Ypu are entitled to claim a reasonable allowance for depre- ciation, based on the fair value of the buildings at the time acquired and then estimated life after such acquirement. GIFTS. 110. How am I to determine to what extent contributions or gifts made to corporations, organized and operated exclusively for religious, charitable, scientific, or educational purposes, or for prevention of cruelty to children or animals, or to the special 26 INCOME TAX PKIMER FOR FAEMBES. fund for vocational rehabilitation, may be claimed as a de- duction ? You should first ascertain what your net income would be were you not entitled to a deduction on account of such contriubtions or gifts, and then if the aggregate of such contributions or gifts made during the year to such corpora- tions does not exceed 15 per cent of your taxable net income so computed their aggregate amoimt may be entered in the space provided therefor under " General deductions " on a personal return form. If such aggregate amount exceeds 15 per cent of your taxable net income so computed, the excess can not be claimed. For example: Your total net income without deduction for contributions amounts to $20,000. During the year you have contributed to the National Ked Cross $1,000; to the Young Men's Christian Association $1,000: toward the construction of a new church $1,000; and to the associated charities of your home city $500; a total of $3,500. Fifteen per cent of your total net income amounts to $3,000 ; therefore this latter amount may be claimed as a deduction and the balance of your contributions and gifts may not be claimed. In claiming a deduction on account of such contributions or gifts there should be shown on the return of income (a) the name and address of each organization to which a contri- bution or gift. was made and \b) the date and amount of each such contribution or gift. CREDITS. 111. I understand that a part of the net income is not liable to the normal tax. To what credits am I entitled in arriving at the net income liable to the normal tax? (a) The amounts received as dividends from a corporation which is taxable by the United States upon any portion of its net income. (h) The amount received as interest upon obligations of the United States which is included in gross income. (c) The personal exemptions referred to in answers to ques- tion No. 3. (For the purpose of imposing the surtax the ■ taxpayer's net income is entitled to none of these credits.) RETUENS OF INFORMATION. 112. Are returns of information required of farmers? Section 256 of the Eevenue Act of 1918 provides in part that > all individuals, corporations, and partnerships, in whatever capacity acting, including lessees or mortgagors of real or per- sonal property, fiduciaries, and employers, making payment to another individual or partnership of interest, rents, salaries, wages, .. premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits * * * of $1,000 or more in any taxable year * * * shall render a true and accurate return to the commissioner, INCOME TAX PRIMER FOR FARMERS. 27 under such regulations and in such form and manner and to such extent as ma^^ be prescribed by him with the approval of the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipients of such payment. 113. Upon what forms shall I make returns of information and with whom shall I file such returns ? Eeturns of information should be filed on Form 1099 (re- vised) and should be filed with the Commissioner of Internal ^ Revenue on or before March 1 of each year, accompanied by a letter of transmittal, under oath, on. Form 1096 (revised). 114. I pay an annual rent exceeding $1,000 to an agent who refuses to disclose the name of the landlord. Should I make a return of information? No. The return in that case should be made by the agent. 115. Where a person receives a cash compensation for services ren- dered, and in addition thereto commissions, living expenses, or other allowances, is the aggregate amount of cash^ plus the value to such person of the allowances, to be returned ? Yes. A return is required in each case where the cash com- pensation, plus the value of the allowances, equals or exceeds $1,000 for the taxable year. PAYMENT, ABATEMENT, AND EEETJND OF TAX ASSESSED. 116. To whom is an assessment of income tax to be paid ? - To the collector of internal revenue with whom your return was filed. 117. When does payment of income tax assessed against an individual on a calendar year return become due and payable ? The first installment shall be paid at the time fixed by law for filing the return, and the second installment shall be paid on the 15th day of the third month, the third installment on the 15th day of the sixth month, and the fourth installment on the- 15th day of the ninth month, after the time fixed by law for filing the return. The total tax may be paid at the time of filing the return, or if not so paid, one installment may be paid and the balance may be paid in installments, or in full, on or prior to any sub- sequent installment date referred to above. Failure to pay any installment on the date fixed by law makes the taxpayer liable for the payment of the balance of tax due upon notice and demand by the collector. 118. May the income tax due from a taxpayer be paid in a single payment instead of in installments? Yes. Section 260 of the act provides that the tax may, at the option of the taxpayer, be paid in a single payment, in which case the total amount is to be paid on or before the time fixed by law for filing the return; or, where an extension of time for filing the return has been granted, on or before the expiration, of ihe period of such extension. 119. What recourse has a taxpayer when he feels that he has been assessed an income tax in excess of his true tax liability ? 28 INCOME TAX PKIMEB TOR FARMERS. He may pay the tax under protest and file claim for refund, or he may exercise his right to file with the collector of in- ternal revenue for his- district a claim for abatement, executed on Form 47, copies of which may be obtained from the col- lector. The filing of a bona fide claim prior to the due date of the tax acts as a stay to the collection of the 5 per cent penalty for delinc[uency in payment, provided in case of re- jection of the claim, the tax due is paid within 10 days from the date of notice of such rejection. However, in case of re- jection interest at the rate of one-half of 1 per cent per month will run from the date the amount was due until paid. It should be understood, however, that the filing of a claim for abatement of tax alleged to have been erroneously assessed does not operate as a suspension of the collection of the tax. If the collector feels that the suspension of collection will jeopardize the interests of the Government, "4ie may collect the tax and leave the taxpayer to his remedy of filing a claim for refund. 120. In 1919 I paid $50 income tax in excess of my true tax liability for the year 1918. Can this excess payment be applied in payment of a later assessment of tax ? Yes; the excess payment is to be credited against any in- come,, war-profits, or excess-profits taxes, ^ or installment thereof, due from the taxpayer at the time of the discovery of the overpayment for the prior year, and any balance, of such excess is to be refunded to the taxpayer. It will be necessary, however, to file a claim for such credit with your collector on form 47-A. 121. Will any information contained in my .personal return be dis- closed to another? No. The law specifically provides that any information relative to an individual's income and deductions obtained from his personal return or otherwise, in connection with the income tax, shall be inviolably confidential, and it is unlaw- ful for any employee of the United States to divulge or make known such information in any manner whatsoever to any person except the proper officers and employees of the Treas- ury Department, or to the proper officers of a court for use in a trial of any case to which both the United States and the person rendering the return are parties; and any offense against this provision of law will be held to be a misdemeanor and be punishable by a fine not exceeding $1,000, or imprison- ment not exceeding one year, or both, at the discretion of the court, and dismissal from the service of the Government. 122. If my attorney requests a copy of my return or any informa- tion relative thereto, will his request be granted? No ; unless the return was rendered by him for and in your behalf, or he submits an authorization, personally signed by you, permitting the copy or information to be given to him. INDEX. A. Question. Accounting, inventory basis 26 receipts and disbursements 20 system required 25 Accounting period, change of 12 Agent, returns filed by 18, 122 Allowances 115 Assessments, income tax 116-120 capital stock ' 61, 77 Irrigation company , 83 Automobile, repairs upon , 70, 74 B. Blank forms, where obtainable 20 Building and loan associations, dividends on stock 62 C. Change from calendar year to fiscal year basis 12 Claims for excess taxes paid 119 Computation of income 25 Contributions to charitable organizations 68 (10) Cooperative associations 64 Credits, allowable 111 for excess payment of tax 120 Crop rentals, Income from [ 31 LOt deductible expense of tenant J 78 D. Debts, bad or worthless charged off 65,68 (7), 100-103 collection of bad, charged off : 65, payment by surety 103 Deductions, from gross income 68 gifts to charitable organizations 68 (10), 110 items not deductible 69 ordinary and necessary expenses 68 (1), 70-88 taxes paid by tenant 76 worthless debts 65,68 (7), 100-103 Depletion, allowance for ,68 (9) Depreciation, allowance for 55,68 (8, 9), 105-109 defined 104 live stock 53,108 Dividends, exempt from normal tax 111 from cooperative associations , 64 Dues, social club 82 29