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Two Farm Real Estate Provisions in the OBBBA

New IRC Sections 139L and 1062

The OBBBA has created two new IRC Sections both of which involve agricultural real estate in one way or another. New Section 139L provides a tax break for lenders that loan money where land that is used in farming secures the loan. In that situation 25% of the interest the lender receives is not taxable. That also means that a portion of the lender’s otherwise deductible expenses associated with the loan are not deductible, and a formula is provided to compute that amount. Also, there are basis implications.

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