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Agriculture, Land & Timber

§631 Timber Election (Cap Gains on Standing Timber)

Elect §631(a) — treat timber cut as capital gains transaction vs ordinary income.

Overview

IRC §631(a): timber owner elects to treat the CUT of timber as a sale at FMV — gain from timber growth = long-term capital gains (15–20% + NIIT). Subsequent milling/sales income = ordinary. Requires: owned timber 1+ yr, election on Form T, FMV appraisal on first day of tax year. §631(b) for owner selling standing timber with retained economic interest also cap-gain-eligible. Massive win vs ordinary treatment.

Best fit
Timberland ownersFamily-forest owners with harvest plansTIMOs and REITs
Estimated impact
17-percentage-point rate reduction on timber gain

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