Summary of Weather-Related Sale Rules for Livestock

Postpone Gain and Purchase Replacements

Defer Income to Next Tax Year

What livestock qualifies? Draft, breeding, or dairy livestock All livestock
Requirement of disaster area declaration? No Yes
Must livestock be in the disaster area? No No
Must livestock be sold in the disaster area? No No
Must weather-related condition have caused the sale? Yes Yes
Provision applies to: Sales in excess of normal practice Sales in excess of normal practice
Provision allows: Deferral of gain by carrying over basis Postponing recognition of gain by one year
Repurchase required? Yes No
Basis in replacement livestock Reduced by gain that is deferred Not applicable
Period for replacing Two years from the end of the taxable year of sale Not applicable
Time limit for making the election Two years from the end of the taxable year of sale Due date for return for year of sale