SEC. 03 — FOR LANDOWNERS

How do you exit the operation without a tax cliff, and still keep the legacy?

A traditional sale means a tax hit and watching the ground leave the family. A 1031 puts you on a 45-day clock to become a landlord somewhere else. There is another path.

Through a tax-deferred land contribution, you can transition out of day-to-day operations while keeping ownership value, preserving your legacy, and — if you choose — leasing the ground back and staying on the land. Heirs inherit a clean, divisible interest instead of a contested quarter-section.

Book a consultation

Land transition strategies have tax and legal consequences. We coordinate with your CPA and attorney. Nothing here is tax or legal advice.

A Nebraska Farmers Network member walking a dirt farm road wearing an NFN branded shirt — Keeping Nebraska Land, Nebraskan Owned.

“If you pool resources together and have a driving force of people that have all of these awesome ideas and beautiful minds thinking every day for the betterment of production agriculture, that’s unstoppable.”

— Adam Grabenstein, Member · Eustis, NE

  • Tax-deferred contribution as an alternative to sale or 1031
  • Optional lease-back — stay on the operation
  • Quick, certain closes
  • Generational wealth and legacy preservation

SEC. 03B · THE NUMBERS BEHIND THE DECISION

Is land transition the defining question of the next decade?

The people who built Nebraska agriculture are aging out of it. The 2022 Census of Agriculture puts the average age of a U.S. farm producer at 58.1 years, with roughly a third of all producers 65 or older. Statewide, more than 44,000 farms and ranches work close to 44 million acres, the overwhelming majority of Nebraska's land base, and a large share of that ground will change hands within a single generation.

For most families the exit options are narrow and expensive. An outright sale can trigger federal and state capital-gains tax on decades of appreciation, and once the check clears the ground usually leaves the family for good. A Section 1031 like-kind exchange defers that tax, but the IRS clock is unforgiving: 45 days to identify a replacement property and 180 days to close, and at the end you are still a landlord, just somewhere else.

A tax-deferred contribution into the network is built for the family that wants a third path: defer the tax event, keep economic value tied to the land, and, where it fits, lease the operation back and keep working the ground. Heirs receive a clean, divisible interest instead of an undivided quarter-section that has to be argued over at the kitchen table.

None of this is one-size-fits-all, and none of it is advice. Every transition carries tax, estate, and legal consequences that turn on your cost basis, your entity structure, and your goals. We coordinate with your CPA and attorney so the plan is yours: documented, reviewed, and defensible.

58.1 yrsaverage age of a U.S. farm producerUSDA · 2022 Census of Agriculture
44,000+farms and ranches across NebraskaUSDA · 2022 Census of Agriculture
45 / 180days to identify and close a 1031 exchangeIRS · IRC §1031
$29.4BNebraska ag products sold in 2022USDA · 2022 Census of Agriculture

Sources

  1. USDA National Agricultural Statistics Service, 2022 Census of Agriculture, United States & Nebraska State Profiles.
  2. Internal Revenue Service, Like-Kind Exchanges Under IRC Section 1031 (45-day identification and 180-day exchange periods).

SEC. 03C · SIDE BY SIDE

How do the three paths compare?

Comparison of a tax-deferred land contribution, a 1031 exchange, and a straight sale
QuestionTax-deferred contribution1031 exchangeStraight sale
Is capital-gains tax due when the land changes hands?NoDeferred, if the exchange rules are met.YesFederal and state tax on the appreciation.
Is there an IRS deadline to find and close on replacement property?YesStrict identification and closing windows.NoProceeds can be used on your own timeline.
Do you have to buy other real estate?YesLike-kind property must be acquired.NoYou walk away with cash.
Can the family stay on the land?NoYou're a landlord somewhere else.NoThe ground usually leaves the family for good.
Do heirs receive a clean, divisible interest?DependsTurns on the replacement property and structure.DependsCash divides easily, but the land is gone.
Should your CPA and attorney review it first?YesQualified intermediary rules apply.YesBasis and entity structure drive the result.

General comparison only, not tax, legal, or investment advice. Outcomes depend on your cost basis, entity structure, and goals.

SEC. 09 — START HERE

Book a consultation.

Two easy ways to begin: grab a time on the calendar for a direct conversation, or send a note and we'll reach out. No pressure, no obligation — just a real conversation about your land and your options.

OPTION A

Schedule a call now

Pick a time that works for you and meet with the team directly.

OPTION B

Send us a note

Tell us what you’re here for and we’ll follow up to schedule.

Submissions are routed to the team. We respect your privacy and never share your information.