Farmers Urged To Review Rules Before Claiming Soil Nutrient Deductions
Farmers and landowners have recently shown growing interest in claiming a “residual fertility” deduction. This refers to taking a tax deduction for fertilizer left in the soil when purchasing farmland.
While this has been a long-standing practice for fertilizer applied by previous owners, many newer claims have expanded to include the value of all soil nutrients, not just unexhausted fertilizer. These broader deductions can be risky because the legal basis for them is unclear.
To understand this issue, it is helpful to know how fertilizer deductions work. Years ago, the IRS required fertilizer purchases to be capitalized and deducted over several years because fertilizer is not used up immediately.
In 1960, Congress created Section 180, allowing farmers to deduct fertilizer, lime and similar soil-enriching materials in the year they are applied. This rule is meant to help farmers manage expenses more easily.
When farmland is purchased, buyers often allocate part of the purchase price to depreciable assets such as fencing. Some farmers also assign part of the purchase price to unexhausted fertilizer left by the previous owner.
Even though no law directly approves this, a 1991 IRS memo suggests the deduction may be allowed if three conditions are met:
The farmer can prove fertilizer from the previous owner exists and determine its amount. The fertilizer is being used up over time.
The fertilizer cannot be separated from the land and belongs to the new owner.
If these conditions are met, Section 180 may allow the buyer to deduct the value of unexhausted fertilizer in the year of purchase. However, many recent claims go far beyond this and attempt to deduct the total nutrient content of the soil.
Courts have consistently ruled that soil itself is not depreciable, and that general soil nutrients are not eligible for depletion deductions. Only fertilizer intentionally applied to enrich soil qualifies under Section 180.
Large or poorly supported deductions may trigger IRS audits and penalties. Claims tied to land purchased long ago or to areas that were not fertilized—such as pastureland—are especially risky. Farmers are encouraged to seek professional advice before using residual fertility deductions until clearer guidance is issued by Congress, the courts or the IRS.
Additional resources include tax workshops, educational podcasts and presentations on Section 180, available through land-grant institutions and state Extension programs.