Tax Credit for Transfer of Agricultural Asset
The proposed legislation outlines three distinct credits available to qualified taxpayers. These include a credit of 5% of the lesser of the sale price or fair market value for agricultural assets sold, capped at $32,000 per year, alongside a substantial credit for leasing agricultural assets. For leases extending over three years, a taxpayer can earn much as 10% of gross rental income in the first three years (up to $7,000/year), followed by 2% in subsequent years until the lease term concludes, capped at $2,000 per year.
House Bill 1138 establishes a state income tax credit aimed at facilitating the transfer of agricultural assets to eligible farmers and ranchers. The bill specifically targets beginning farmers and ranchers as well as socially disadvantaged farmers, providing them with incentives to either purchase or lease agricultural lands, equipment, and facilities. This tax credit initiative is set to take effect for income tax years beginning on or after January 1, 2026, and concludes before January 1, 2031, effectively creating a defined window for participants to benefit from the credits.
Although the bill's intention is to support the agricultural community and bolster new agricultural enterprises, it has faced scrutiny over the potential fiscal implications for the state. With a capped total of $2 million in tax credits that can be awarded in a single calendar year, any excess claims will result in applicants being placed on a wait list. Critics may argue this funding limitation could hinder the bill's overall effectiveness in supporting agricultural growth and succession, raising concerns regarding the long-term sustainability of such tax incentives and the ability of rural communities to access the benefits effectively.