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Tax Information on Timber Investment

Payments from timber sales are made on Form 1099-S if the amount is over $600. Box 3 of the 1099-S should include the phrase, “Lump-sum timber payment.”
The sale of standing timber that is held as an investment is taxes as a capital gain. Use Form 1040 Schedule D and Form 8949 to report gains from the sale of standing timber held as an investment. It is deemed to be an “investment” and not a “business” because the profit motive is an appreciation in value, not active management on a more regular and continuous basis. Determine the amount of capital gains by subtracting the timber’s adjusted basis through depletion and selling expenses from the gross sale proceeds.

Timber sale expenses include advertising, timber cruising, overnight travel, marking for harvesting, scaling, and legal fees. To support timber sale expense deductions, maintain receipts, canceled checks, bank statements, financial statements, invoices, mill-scale slips, closing statements, 1099-S forms (reporting gross sale proceeds paid to you for the sale of your timber), and sales contracts.

The basis of purchased timber includes the purchase price of the timber and other acquisition costs. Document your timber basis in premerchantable timber. Include timber volume and value in the basis. The original basis of timber may change over time through adjustments, such as new purchase, timber growth, timber loss, or sale. The adjusted basis of timber is used to determine the gains or losses of timber sale.

Depletion refers to the cutting of standing timber. Depletion unit=adjusted basis/total timber volume. The depletion unit is usually measured in dollars per unit of timber. Depletion deduction=depletion unit x timber volume harvested. Depletion allows owners to recover timber basis at the time of timber sale. The amount of depletion is subtracted from the timber sale proceeds to compute the taxable gain or loss. Depletion deductions are allowed to the owner of an economic interest in standing timber. The timber owners look for the return of capital invested.
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IRS Form T (Timber), Forest Activities Schedule, is a form on timber transactions. It can be part of your timber tax records even if you are not required to file it. Timber acquisition and sale can be recorded on Form T. Filing of Form T is required if claiming a deduction for timber depletion, but there’s an exception to that requirement if a taxpayer makes only occasional timber sales (one or two sales every three or four years). However, adequate records must still be maintained, and it’s considered prudent practice to use Form T.
Sources:
USDA Quick Guide: Federal Income Tax on Timber, Fourth Edition, 2012
IRS Instructions for Form T (Timber)
USDA’s Tax Tips for Forest Landowners

Belize Tax & Law

There is no inheritance tax in Belize.
Belize’s inheritance laws affect everyone who owns property in Belize. Foreign nationals are not treated differently to citizens of Belize. If a foreigner dies owning property in Belize, then the competent jurisdiction for administration of his/her estate is in Belize.
The Administration of Estates Act, Chapter 197 of the Laws of Belize regulates the administration of estates, whether the decease dies intestate, or with a will.
A testator is free to leave any part of an estate to anyone he/she wishes in a will.
It is advisable for a foreigner who owns assets in Belize to make a will, in Belize, or elsewhere. As long as a foreign will satisfies the requirements of the laws of Belize, it does not need to be authenticated by authorities in Belize.
If the will is made in Belize, the formalities prescribed by the Wills Act must be followed. In addition to the presence of the testator in Belize, the following must be adhered to:
  • The will must be in writing;
  • The will must be signed at the foot or the end by the testator;
  • The will must be signed by the testator in the presence of two or more witnesses, present at the same time;
  • The witnesses must attest or subscribe the will in the presence of the testator; beneficiaries are not advised to subscribe as witnesses, since their gift will fail in that event.

Living Trust and Foreign Real Estate

There is no reason to transfer foreign real estate to a U.S. living trust. That property wouldn’t go through U.S. probate anyway, and U.S. courts don’t have authority to order transfer of real estate in another country. Each country has its own rules and laws regarding real estate. If you own property in another country, consider hiring someone in that other country to learn what you need to do.
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About us

We specialize in growing and managing teak plantations located in Belize. We also provide travel, real estate and construction services.

Contact Info

Phone: 1-800-737-5304 ​
Email​: ​Info@LaQuaInternational.com

Affiliated Companies 

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©2021 LaQua Plantations International LLC.
  • Home
  • About
    • Teak
    • Belize
  • Info
    • News
    • F.A.Q
    • Taxes and Laws
  • Purchase
  • Gallery
    • Photos
    • Videos
  • Industry Resources
    • Current Lumber Pricing
    • Calculating Board Feet for Standing Trees
    • International Tropical Timber Organization
    • TeakNet Industry Info