ecause
North Carolina’s private landowners own 16.7 million acres or 89 percent
of the state’s 17.6 acres of forestland, they play a critical role in assuring that
our forests are healthy and productive. The decisions landowners make on
their land have a long-term impact on wildlife habitat, clean air, clean
water, wood supply and outdoor recreational opportunities.
So it’s
important that they have the information they need to make knowledgeable
forest management decisions that assure that North Carolina continues to
enjoy the many benefits that forests provide.
A copy of the NCFA's Landowner Guide can be requested by calling the NCFA office at (800) 231-7723 or by clicking here.
Landowners interested in learning more about potential timber buyers in their area can research a comprehensive list provided by the North Carolina Division of Forest Resources... Click here to access that site.
Tax tips and estate planning documents for landowners can be found on the Pubs & Videos section...Click here to reach that section.

Many investment analysts consider reforestation to
be one of the best long-term investment opportunities available to landowners. This
conclusion is based on the appreciation of timber products over the past 50 years. On the
basis of these and current trends, analysts believe:
- Prices paid to landowners nationally for
softwood sawtimber and quality hardwood sawtimber will rise at a rate at least equal to
inflation.
- Prices paid for standing timber in the
Southeast may rise more rapidly than in other regions because of increased demand and
cometition.

Financial
assistance for reforestation is available at both state and federal levels.
State cost-share programs such as the Forest Development Program and the Southern Pine Beetle Prevention Program are available through the N.C. Division of Forest
Resources.
Landowners may receive up
to 40 percent of the cost of site preparation, planting or timber stand improvement through the Forest Development Fund. Funding for this program is
provided by the state and the forest products industry in North Carolina.
At the federal level,
cost-share funds may be available under the 2009 Farm Bill. The Farm Services Agency (FSA) and the Natural Resources Conservation Service (NRCS), encourage landowners who might be interested in various cost-share avaiable in the Farm Bill to plan ahead before signing up for a specific program. Click here for a list of programs that are offered annually.
How to Apply – What to Apply for – Honor the Contract
1. Provide Initial Information: Forestland owners interested in any of the programs should visit their local Farm Service Agency (FSA) first. Landowners should bring a copy of the deed for the land and complete background information (name, address, social security) of any names listed on the deed. In the case of an LLC, the landowner who is designated as the president or leader must make the application, but all of the members listed in the LLC have to provide their respective information. This step will allow the FSA to properly identify the property.
2. Eligibility: The cost-share programs available through Farm Bill are not first-come, first serve programs. A landowner or LLC must first complete paperwork – namely the Adjusted Gross Income (AGI) Limitation Form - to see if it is eligible based on the income of the applicant. Those applicants with an average non-farm AGI of more than one million dollars are not eligible. This limitation may be waived it the land has some specific environmental significance. Landowners who are unsure where they might fall in the AGI should take the time to investigate the paperwork with the FSA.
3. Investigate the Programs Available: The FSA and NRCS both administer to cost-share programs to landowners. In many cases, both agencies are located in the same building so it will not be difficult to explore all of the programs that are available. In general, there are programs that address working lands, easements and stewardship.
4. Applications are Ranked: FSA and NRCS personnel will rank applications based on their environmental significance and impact. In general, a plan that creates the most benefits will gain a higher rating. The highest rated projects obtain the top priority spots for funding.
5. Understand the Contract: It is important for landowners to understand that they when they sign up for one of these cost-share programs, they are entering into a contract with the United States Government. Work detailed in the plan must be commenced within 12 months of signing the agreement.
There are more options than ever for forest landowners in this new Farm Bill. The following contact information for NRCS and the Farm Services Agency should be consulted for more information on the individual programs. The NRCS can be reached at
919-873-2100 or www.nc.nrcs.usda.gov and the FSA can be reached at 919-875-4800 or www.fsa.usda.gov/nc.

Taxation
of timber income and timber assets are major concerns of landowners. Proper
accounting and planning can save you thousands of dollars in taxes and help
preserve your estate.
Below are some key points and recommendations regarding
timber taxation. This is general information only and should not be considered
an official interpretation of federal and N.C. income tax laws. Tax laws are
subject to interpretation and frequent change. Please check with your tax
advisor on the applicability of current tax law to your particular situation and
consult with your forester and accountant to determine what should be done to
best protect your assets.
In October of 2004, the
President signed HR 4520, the American Jobs Creation Act of 2004. This bill grew
out of the need for Congress to respond to a World Trade Organization ruling
that a $5 billion annual subsidy for U.S. exporters was illegal. As usual, this
bill became a vehicle to do other things.
Included in it were two
major changes in federal tax policy that affect private landowners and forestry.
The legislation contained language that amends the Internal Revenue Code (IRC)
Section 631(b) to eliminate the requirement for timber sale contracts to contain
a "retained economic interest" provision, which means that
non-industrial private forest landowners are no longer forced to sell under
pay-as-cut contracts and are able to use "lump sum" sale contracts
with no concern over the loss of capital gains treatment.
Other timber-tax
provisions added to the bill allow expensing of up to $10,000 for
reforestation costs in the year of occurrence with an accelerated amortization
rate of 60 months for the remaining costs (a change from the current $10,000 tax
credit), allow voluntary election of IRC Section 631(a) by timber industry to
help with how they calculate their capital gains on timber and establishes a
modified safe harbor rule for timber Real Estate Investment Trusts.
The changes to the
reforestation tax provisions were significant. At one time, a landowner could
expense only 10% of $10,000 invested in reforestation in the year it was
incurred. The remaining amount could be amortized over 72 months. A
landowner can now expense $10,000 in the year it’s incurred and then expense the
remaining amount over five years (60 months). These changes went into
effect January 1, 2005.
When
selling timber, be certain your interests are protected. Professional assistance
is well worth the cost. Like most landowners, you probably sell timber
infrequently and should not rely on personal judgment. You should confer with
both a forester and an attorney experienced in timber sales.
Timber is generally sold
either on a lump-sum basis or under a pay-as-cut agreement. Tax considerations,
timber quality and quantity, and other factors should influence your decision on
how the timber is sold. In a lump sum sale, the landowner receives a set price
(lump sum) for the stand of timber.
Under a pay-as-cut agreement, the landowner
is paid as the timber is cut and for only that timber that is harvested.
If you make infrequent sales
and have good quality timber, it is often in your best interest to sell by
advertising the sale to potential buyers, receiving sealed bids and selling on a
lump-sum basis. You should then execute a
timber sale contract. While no two contracts are exactly alike, all should
include the following basic provisions:
- Guarantee of title and
description of the land and boundaries
- Specific description of
timber being conveyed, method of designating trees to be cut, estimated
volumes, species, products and harvest method(s)
- Terms of payment
- Duration and starting date
of the agreement
- Clauses to cover damage to
non-designated trees, fences, ditches, streams, roads, bridges, fields and
buildings
- Clauses to cover fire
damage where harvesting crew is negligent and to protect the seller from
liability that may arise in the course of harvesting
- Clauses for compliance with
applicable state regulations and defined best management practices
- Clauses for arbitration in
case of disagreement.

As
you would for any other investment, you need to protect your forest from the
threat of wildfire, insect attack and disease. While these and other things will
always pose some threat, there are things you can do to minimize the risk and
reduce potential damage. Here are a few things:
- Thinning overcrowded stands
will keep your forest vigorous and reduce potential for insect or disease
attack.
- If an insect outbreak, such
as southern pine beetle, is found, the infected trees should be cut down and
removed as soon as possible.
- Hardwood strips in pine
stands can act as barriers to the spread of a bark beetle infestation. Mixed
stand management may also reduce the threat of bark beetles.
- Certain soils are more
conducive to disease problems, particularly in pine. Shortleaf and loblolly
on the wrong sites are susceptible to some root diseases.
- Periodic prescribed burning
(every three to five years) will reduce fuel for a wildfire and, if a
wildfire occurs, will keep it from doing serious damage to the stand. In
areas where rust diseases such as fusiform rust are prevalent, burning will
help control oak, which is the alternate host for the disease.
- If you harvest pine timber
in the summer and plan to plant new pine seedlings in the fall or winter,
the seedlings should be dipped in an approved insecticide to guard against
pales weevil.
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