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> Information provided on this site is for general guidance only and is often simplified. Actual IRS procedures are complex, and taxpayers should obtain professional assistance or use IRS sources for complete information.

The Economics of Forestry in the US
If timber prices follow historical trends real yields over the next 10 years will probably be in the 8%-10% range.

US Forestry Taxation
Although forestry is not exempt from tax in the United States, the effective level is not high and recognises the long term nature of the business.

Calculation of Taxable Income
The authority for deducting management and operating expenses associated with an "investment" is section 212 of the Internal Revenue Code.

Establishing The 'Basis' Of Forestry Assets
For purchased assets, the basis is acquisition or establishment cost.

Casualty Losses
The tax treatment of losses to forestry assets resulting from Acts of God such as hurricanes and fire is generally considered one of the less satisfactory aspects of US forestry taxation.
Capital Gains Holding Requirements
Provisions of two recent tax acts, the Taxpayer Relief Act of 1997 and the The IRS Restructuring and Reform Act 1998, affect taxes on income from timber sales.
The Jobs & Growth Tax Relief Reconciliation Act 2003
The Act impacts timber owners through a lower long-term capital gains rate, lower marginal rates on ordinary income and increased deductions for capital investments by small businesses.

 

NB Information given here about the economics and taxation of forestry investments is strictly for general guidance and does not constitute investment or professional advice. Prospective or existing investors are strongly advised to seek professional advice on all aspects of investment in forestry and on its taxation, which is complex.

The Economics of Forestry in the US

There are around 737 million acres of forests in the US, of which 247 million acres are reserved from harvest by law or are slow-growing woodlands unsuitable for timber production. Approximately 490 million acres of US forest are classified as 'timberland', ie forest that can produce more than 20 cubic feet of wood per acre annually.

For a variety of reasons, including economic ones, forests in the US are by no means a declining resource. There are more trees growing today than 40 years ago, and this is especially true of hardwoods, which are probably the most interesting type of tree for tax efficient investing. The timberlands of the US now contain 28 percent more standing timber volume than in 1952. It's estimated that there are 82 percent more hardwoods today than 40 years ago.

Most hardwoods grow east of the Mississipi river, especially in the eastern seaboard states of America. Land prices there are low and opportunities for medium term capital appreciation are considerable. The potential value uplift depends as much on species selection through more intensive management as it does on physical growth.

The forests of New England re-seed themselves naturally following harvesting. The destruction of tropical forests and political, economic and biological difficulties encountered in replanting afterwards, mean that North America is now the only area capable of sustained quality hardwood production in the world. Land prices in the hardwood forest areas are sometimes negative and seldom exceed $150/acre. Economic factors in the USA also mean that while timber prices have recovered recently, land values have not.

Current purchases are made on predicted returns of 5% to 7%, but this ignores obvious facts that point to severe shortages of tropical hardwoods within the next few decades. Hardwoods mature slowly and production realistically cannot be increased in time by simply ‘planting more trees’. It would be reasonable to expect the real price of US hardwood timber to accelerate rapidly in the first quarter of this century.

In October 2006, US Trade Representative Susan C. Schwab announced that the US-Canada Softwood Lumber Agreement had entered into force.

As a result, both the United States and Canada began to implement their obligations under the agreement. For Canada, based on current market prices for softwood lumber, this required the immediate collection of an export tax.

With respect to the United States, this resulted in the revocation of the antidumping and countervailing duty orders on softwood lumber from Canada, an end to the collection of duty deposits on imports of Canadian softwood lumber, and the initiation of the process to refund duty deposits currently held by US Customs and Border Protection.

"I am absolutely delighted that we have closed this long-running dispute that has for too long created friction with our largest trading partner," announced Ambassador Schwab at the time.

She added:

"This agreement will move us beyond the uncertainties created by the intense litigation that has extended over two decades, benefit consumers by adding stability in the market, and create opportunities for the US and Canadian industries to work together to resolve issues of concern. I am grateful for the leadership of President Bush and Prime Minister Harper, and the efforts of Canada’s Minister for International Trade David Emerson and Ambassador to the United States Michael Wilson, in accomplishing this historic agreement."

Ambassador Schwab also announced plans for the disbursement of funds to advance meritorious initiatives in the United States as outlined by the agreement. The three meritorious initiatives identified by the agreement include: (1) assistance for timber-reliant communities; (2) low-income housing and disaster relief and; (3) promotion of sustainable forest management practices.

Of the $450 million provided for meritorious initiatives under the agreement, the United States Endowment for Forestry and Communities, Inc. was identified to receive $200 million, the American Forest Foundation was identified to receive $150 million, and Habitat for Humanity International was identified to receive $100 million.

Less than three weeks after the Softwood Lumber Agreement came into force, almost $1 billion paid to the United States in duties had been refunded to Canadian companies.

“Just weeks after the Agreement was implemented, our government has delivered on its promise to Canadian softwood lumber companies,” stated David Emerson, Canada's Minister of International Trade.

“The refunds are going out ahead of schedule, and companies can realize the benefits of this agreement," he added.

According to Emerson, approximately $950 million in softwood lumber duty refunds had been disbursed by Export Development Canada (EDC), a body created in order to accelerate the return of softwood lumber deposits to companies that had paid duties to the United States.

In return for the tax refunds, Canadian exporting provinces can choose either to collect an export tax that ranges from 5 to 15% as prices fall or to collect lower export taxes and limit export volumes.

There are many advisory and management firms through which interests in forest properties may be acquired and managed. The minimum investment is usually around $US100,000, but most properties are in the range $250,000 upwards. If timber prices follow historical trends real yields over the next 10 years will probably be in the 8%-10% range. Maintenance costs are around 1.5% - 2% pa (deducted before arriving at the above returns) but local and property taxes may add slightly to this figure.

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The Economics of Forestry in the US
If timber prices follow historical trends real yields over the next 10 years will probably be in the 8%-10% range.

US Forestry Taxation
Although forestry is not exempt from tax in the United States, the effective level is not high and recognises the long term nature of the business.

Calculation of Taxable Income
The authority for deducting management and operating expenses associated with an "investment" is section 212 of the Internal Revenue Code.

Establishing The 'Basis' Of Forestry Assets
For purchased assets, the basis is acquisition or establishment cost.

Casualty Losses
The tax treatment of losses to forestry assets resulting from Acts of God such as hurricanes and fire is generally considered one of the less satisfactory aspects of US forestry taxation.
Capital Gains Holding Requirements
Provisions of two recent tax acts, the Taxpayer Relief Act of 1997 and the The IRS Restructuring and Reform Act 1998, affect taxes on income from timber sales.
The Jobs & Growth Tax Relief Reconciliation Act 2003
The Act impacts timber owners through a lower long-term capital gains rate, lower marginal rates on ordinary income and increased deductions for capital investments by small businesses.

 

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