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Saturday, December 03, 2005

[Alpacasite] Re: tax question - county land clarification

Hi KittyK,

I am still uncertain what your name is and so I am using your email
addy as a salutation, but if you signed your posts with your name and
where you are located geographically I think you might find you get
better advice because some answers depend on where you are located.

You replied to my answer that you can't have a farm on County land by
writing:
________________________________________________________________________
__________
i meant public land owned by the county sorry for the mix up.....do you
mean i can't get
the tax depreciation from a second job for owning and taking care of
alpacas on county
land or that i can't set up a farm on public county land? because the
farm is already set up
with the county approving.
________________________________________________________________________
________________________________________________________________________

I was actually saying you can't set up a farm on County land and I am
astounded that your County has approved this. Perhaps there are no
laws of adverse possession in whatever state you live in. My County
here would not generally allow this kind of set up. We are even gun
shy about allowing public facilities such as trails to cross our land
due to the problems that have been created when we get sued later for
wanting to remove the facility to build a County facility that was
always planned to be built there. Here in Arizona public land is
taxpayer owned land, and allowing private facilities to be built on
that public land would require a public purpose and a heck of a lot of
paperwork. I would be very interested in how your County is able to
proceed in this way.

Meanwhile, to your question about whether you can take depreciation, I
guess that depends on what you personally have a basis in. Did you pay
to build the farm buildings? Did you pay to put up the farm fences?
Did you purchase the breeding stock? You can't depreciate something
unless you can establish the basis, or value (for short) of that thing.
There is no depreciation for taking care of your alpacas, altho these
are usually seen as legitimate business expenses (assuming you are
operating as a business) and are applied to your gross income as
deductions.

The best advice is to get a good accountant, preferably one that is
familiar with agriculture in your state.

Take care,

Deb (not an accountant but way too familiar with how counties work)

Cloud Dancer Alpacas
Flagstaff, Arizona
Where Magic Happens!
http://www.clouddanceralpacas.com_

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