Deductible conservation expenses generally are those that are paid to conserve soil and water for land used in farming, to pre-vent erosion of land used for farming, or for endangered spe-cies recovery. These expenses include (but are not limited to) costs for the following.
- The treatment or movement of earth, such as leveling, grading, conditioning, terracing, contour furrowing, and the re-storation of soil fertility.
- The construction, control, and protection of diversion channels, drainage ditches, irrigation ditches, earthen dams, watercourses, outlets, and ponds.
- The eradication of brush.
- The planting of windbreaks.
- The achievement of site-specific management actions rec-ommended in recovery plans approved pursuant to the Endan-gered Species Act of 1973.
These expenses can be deducted only if they are consistent with a conservation plan approved by the Natural Resources Conservation Service of the Department of Agriculture or a re-covery plan approved pursuant to the Endangered Species Act of 1973, for the area in which your land is located. If no plan exists, the expenses must be consistent with a plan of a compa-rable state agency. You cannot deduct the expenses if they were paid or incurred for land used in farming in a foreign country.
Do not deduct expenses you paid or incurred to drain or fill wetlands, or to prepare land for center pivot irrigation systems.
Your deduction cannot exceed 25% of your gross income from farming (excluding certain gains from selling assets such as farm machinery and land). If your conservation expenses are more than the limit, the excess can be carried forward and de-ducted in later tax years. However, the amount deductible for any one year cannot exceed the 25% gross income limit for that year.
For details, see chapter 5 of Pub. 225.