[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.194-3]

[Page 269-270]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.194-3  Definitions.

    (a) Qualified timber property. The term qualified timber property 
means property located in the United States which will

[[Page 270]]

contain trees in significant commercial quantities. The property may be 
a woodlot or other site but must consist of at least one acre which is 
planted with tree seedlings in the manner normally used in forestation 
or reforestation. The property must be held by the taxpayer for the 
growing and cutting of timber which will either be sold for use in, or 
used by the taxpayer in, the commercial production of timber products. A 
taxpayer does not have to own the property in order to be eligible to 
elect to amortize costs attributable to it under section 194. Thus, a 
taxpayer may elect to amortize qualifying reforestation expenditures 
incurred by such taxpayer on leased qualified timber property. Qualified 
timber property does not include property on which the taxpayer has 
planted shelter belts (for which current deductions are allowed under 
section 175) or ornamental trees, such as Christmas trees.
    (b) Amortizable basis. The term amortizable basis means that portion 
of the basis of qualified timber property which is attributable to 
reforestation expenditures.
    (c) Reforestation expenditures--(1) In general. The term 
reforestation expenditures means direct costs incurred to plant or seed 
for forestation or reforestation purposes. Qualifying expenditures 
include amounts spent for site preparation, seed or seedlings, and labor 
and tool costs, including depreciation on equipment used in planting or 
seeding. Only those costs which must be capitalized and are included in 
the adjusted basis of the property qualify as reforestation 
expenditures. Costs which are currently deductible do not qualify.
    (2) Cost-sharing programs. Any expenditures for which the taxpayer 
has been reimbursed under any governmental reforestation cost-sharing 
program do not qualify as reforestation expenditures unless the amounts 
reimbursed have been included in the gross income of the taxpayer.
    (d) Definitions of controlled group of corporations and component 
member of controlled group. For purposes of section 194, the terms 
controlled group of corporations and component member of a controlled 
group of corporations shall have the same meaning assigned to those 
terms in section 1563 (a) and (b), except that the phrase ``more than 50 
percent'' shall be substituted for the phrase ``at least 80 percent'' 
each place it appears in section 1563(a)(1).

[T.D. 7927, 48 FR 55850, Dec. 16, 1983]