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You Don't Have to Give a Third of Your Land Sale to the Government

Most landowners think a massive tax bill is unavoidable. It's not. Here are the options nobody told you about.

March 18, 2026 | Steve Link

If you've owned farmland for a long time, or if it's been in your family for generations, there's a good chance the tax basis on that property is lower than you'd expect. And that creates a situation that keeps a lot of landowners up at night when they start thinking about selling.

"You mean I'm going to hand over a third of this to the government?"

That's the moment most people assume the decision is made for them. They either sell and take the hit, or they hold on forever and hope the next generation figures it out.

But here's what I want you to know: those are not your only two options. Not even close.

First, Let's Talk About How You Got the Land

This is the part of the conversation that matters more than most people realize, and it's the first question any good advisor should ask: Did you inherit the land, or was it gifted to you?

The answer changes everything.

If you inherited the land when someone passed away, the tax basis was likely "stepped up" to the fair market value at the time of death. That's a big deal. If your parent passed away ten years ago and the land was worth $5,000 an acre at that time, your basis is $5,000 an acre, regardless of what your grandparents originally paid for it. If the land is now worth $7,000 an acre, you rtaxable gain is only the difference between $5,000 and $7,000, not the difference between the original purchase price decades ago and today's value.

In some cases, if a landowner inherited property recently and values haven't changed dramatically, selling soon after inheritance can result in a very manageable tax situation. It may even be the best window to sell from a pure tax standpoint.

I understand that's a difficult thing to think about during a time of loss. Many families are grieving, and the last thing on anyone's mind is tax strategy. And in many cases, the generation that built up the operation had strong feelings about keeping the land in the family. Those wishes deserve respect, and every family has to navigate that in their own way.

But it's worth understanding the math, because that stepped up basis doesn't last forever in terms of its advantage. Every year that passes after inheritance, the land may appreciate further, and the gap between your basis and the current value grows. A landowner who inherited ground10, 20, or even 30 years ago may find that their basis, while higher than the original purchase price, is still far below today's market value.

If the land was gifted to you while the previous owner was still living, the situation is very different. With a gift, you typically receive the donor's original cost basis. That means if your parents bought the land for $200 an acre in 1975 and gifted it to you in 2005, your basis is still$200 an acre. It doesn't matter that the land was worth $2,000 an acre when they gave it to you.You carry their original basis forward.

This is where landowners often get the biggest surprise. They assumed their basis was set when they received the land. In reality, it was set when the original owner purchased it, sometimes 40or 50 years ago. That can create an enormous taxable gain.

If you purchased the land yourself, your basis is what you paid for it, plus any capital improvements you've made over the years such as drainage tile, land clearing, or other permanent improvements. If you bought ground 20 years ago at $2,000 an acre and it's now worth $10,000 an acre, you're sitting on a significant gain. The longer you've held it and the more values have climbed, the bigger that gap becomes.

For landowners who bought during a period of lower prices and have watched values rise steadily over the decades, the tax picture can look a lot like the gifted land scenario. You know exactly what you paid, and you can see exactly how far values have come since then. The good news is that any documented capital improvements you've made along the way do add to your basis and help narrow that gap, so keeping good records matters.

The Low Basis Reality

Whether your basis is low because of an old gift or because you've held inherited land for decades while values climbed, the result feels the same: a potential tax bill that makes selling seem like a losing proposition.

Between federal capital gains, state taxes, depreciation recapture, and the net investment income tax, sellers can easily see 30% to 40% of their profit disappear. On a million dollar sale, that can mean $300,000 or more going straight to the IRS and state tax authorities.

No wonder people feel stuck.

But the tax code actually offers several legitimate paths that can reduce, defer, or in some cases eliminate that burden. The key is knowing they exist before you make your decision, not after.

Option 1: The 1031 Exchange

This is probably the most well known strategy, and for good reason. A 1031 exchange allows you to sell your investment property and reinvest the proceeds into another qualifying property of equal or greater value, deferring the capital gains taxes entirely.

For farmland owners, this can mean selling a property you've been managing for decades and exchanging into something that requires zero hands-on involvement. Think institutional grade real estate managed by professional teams: multifamily housing, industrial logistics facilities, even healthcare properties. You go from active ownership to truly passive income. Monthly checks show up. No tenants to manage. No fences to fix. No drainage tile to worry about.

The best part? If you continue exchanging throughout your lifetime, those deferred taxes may never come due. Through a stepped up basis at death, your heirs could potentially inherit the investment at its current market value, effectively wiping out the deferred gain entirely.

That's not a loophole. That's the tax code working the way it was designed.

There are important rules and timelines to follow with a 1031 exchange, and every situation is different. But for landowners sitting on decades of appreciation, it's one of the most powerful tools available.

Option 2: Charitable Giving Strategies

Here's one that doesn't get enough attention in the land world, and it's a strategy we've been working on recently with a client.

This landowner decided to donate their land to a charitable organization. The property is being placed into a fund that will benefit multiple organizations for years to come. The proceeds create a meaningful, lasting legacy in the community while also providing significant tax advantages for the seller.

Depending on how a charitable gift is structured, you may be able to avoid capital gains taxes on the donated portion entirely, receive a charitable income tax deduction, and in some cases even receive income from the gift for the rest of your life through vehicles like a Charitable RemainderTrust.

Think about that for a moment. Instead of writing a check to the IRS for hundreds of thousands of dollars, you can direct that value toward causes you care about, support your community, and still benefit financially.

For families who have deep roots in their area and want their land to mean something beyond a transaction, this can be an incredibly fulfilling path. It turns a tax problem into a legacy.

Option 3: Installment Sales

Not every landowner needs to receive the full purchase price in year one. An installment sale allows you to spread the gain over multiple tax years, which can keep you in a lower tax bracket and reduce the overall bite.

This strategy works well for sellers who don't need all the cash immediately and want to manage their tax exposure gradually. It's straightforward, it's been around for a long time, and it's worth discussing with your tax advisor as part of the bigger picture.

Option 4: Partial Strategies and Combinations

Here's where it gets really interesting. You don't have to pick just one path.

Some sellers use a combination: they take some cash and pay taxes on a portion, defer another portion through a 1031 exchange, and direct a third portion to charity. Others structure deals that blend installment payments with exchange strategies.

The point is that once you understand the menu of options, you can build a plan that fits your specific goals, your family situation, and your financial picture. Cookie cutter solutions rarely work for land sales this significant. But a customized approach? That can change everything.

Every Option Has Risk

I want to be upfront about something. None of these strategies are risk free. Every path comes with its own set of rules, requirements, and potential downsides. A 1031 exchange has strict timelines and identification rules. Charitable strategies require careful legal and tax structuring. Installment sales carry credit risk. And the tax code itself can change.

That's why working with experienced professionals, your CPA, your attorney, and an advisor who understands these strategies, is absolutely essential. This is not a DIY situation.

But here's the thing: the risk of not knowing your options is almost always greater than the risk of exploring them.

The Conversation Most Landowners Never Have

What I see over and over again is landowners who assume they're trapped. They've held the land for so long and the basis is so low that selling feels like a punishment. So they don't sell. They hold on, sometimes longer than they should, because they can't stomach the tax bill.

And I get it. Nobody wants to see a third of their life's work, or their family's life's work, go to taxes.

But when you sit down and actually walk through the possibilities, the picture changes.Suddenly you're not choosing between "sell and lose" or "hold forever." You're choosing between strategies that can preserve your wealth, create income, support your family, and even leave a legacy in your community.

That's a very different conversation. And it's one worth having.

The Best Time to Start Planning Is Now

Whether you inherited land last year or received a gift from your parents 30 years ago, the starting point is the same: understand your basis, understand your options, and start the conversation before you're forced into a decision.

The landowners who come out of a sale feeling good about the outcome are almost always the ones who started planning early, explored their options thoroughly, and built a team that understood their goals.

You've spent a lifetime building value in your land, or you're carrying forward the value your family built before you. Either way, you deserve to know every option available to protect it.

Author Bio: Steve Link is a broker with Pifer's Auction & Realty, specializing in farm, ranch, and recreational land across the Upper Midwest. Steve grew up on a farm near Milan, Minnesota and earned a degree in Natural Resource Management from North Dakota State University (NDSU). With decades of experience in land sales, auctions, and land management, Steve works closely with landowners, investors, and agricultural operators to help them make informed decisions about one of their most valuable assets, land.