Federal Capital Gains Tax

When you sell land for more than your basis, the difference is a capital gain. Your basis is normally what you paid for the property plus the cost of lasting improvements, such as a road, a pond or a barn, less any depreciation you have claimed.

How you came to own the land matters as much as how long you have held it:

How you got the landYour basis is generally
You bought itWhat you paid, plus improvements
You inherited itIts fair market value on the date of death
It was given to you during the owner's lifeThe giver's original basis, carried over to you

The gap between the last two rows can be very large. A farm bought decades ago and given to a child keeps its old, low basis. The same farm inherited by that child generally gets a new basis at today's value. See our guide to selling inherited land in Tennessee.

Tennessee Does Not Tax the Gain

Tennessee has no income tax on an individual's wages or capital gains, and the old Hall tax on interest and dividends ended in 2021. For an individual selling land, the income tax on the sale is federal. Tennessee's inheritance tax was also repealed for deaths in 2016 and later.

Greenbelt Rollback Taxes

If your land is enrolled in Greenbelt, you have been paying property tax on its farm or forest use value and not on its market value. When the land stops qualifying, the county recaptures part of that saving. This is the rollback tax.

Before You Price the Property

Ask the county assessor for a rollback estimate. On valuable land near a growing town, three years of rollback can be a large number. It belongs in your net-proceeds figure and in the contract, not in a surprise at the closing table.

Our article on how Greenbelt works in Tennessee explains who qualifies and how the tax is calculated.

Legal Ways to Defer or Reduce the Tax

Each of these has conditions, and all of them have to be arranged before closing.

Depreciation Comes Back

If you have claimed depreciation on barns, fencing, equipment or a rental house on the farm, the part of your gain that comes from that depreciation is taxed at higher rates than the rest. Your accountant will need your depreciation schedules to work it out.

Other Costs at Closing

Start With Your Net Number

The useful question is what you will keep after tax, rollback and costs. Before we list a property, we prepare an estimate of the seller's net proceeds, and we encourage every seller to review it with their accountant while there is still time to plan. To see where your land stands, request a free valuation or read how we sell land in Middle Tennessee.

Common Questions

Does Tennessee tax the gain when I sell land?

No. Tennessee has no income tax on an individual's wages or capital gains. The tax on a land sale is federal. Land owned by a corporation or an LLC can be treated differently, so ask your accountant if your land is held in a company.

Who pays the Greenbelt rollback tax, the buyer or the seller?

Under Tennessee law the seller is liable when the sale causes the land to lose its Greenbelt status, unless the written contract says otherwise. If the buyer states in writing at the sale that they will continue the qualifying use and then does not, the rollback becomes the buyer's responsibility. Because this can be negotiated, it should be written into the contract.

How many years of rollback tax are owed?

Three years for land classified as agricultural or forest, and five years for land classified as open space. The amount is the difference between the tax actually paid under Greenbelt and the tax that would have been due at full market value.

Can I use a 1031 exchange when I sell farmland?

Usually, if the land was held for investment or used in a business such as farming, and you buy other investment or business real estate with the proceeds. The exchange has to be set up with a qualified intermediary before your sale closes, and the deadlines are strict.

If I sell my farm with my house on it, is any of the gain tax-free?

Possibly part of it. The federal home-sale exclusion can cover up to $250,000 of gain, or $500,000 for a married couple filing jointly, on your main home if you owned and lived in it for at least two of the last five years. It applies to the house and the land used with it as a residence, not to the farmland, so the sale price has to be divided between the two.

When should I talk to an accountant?

Before you list, and certainly before you sign a contract. An exchange, an installment sale or a division between the home and the farm all have to be set up in advance.