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How solar and wind lease income is taxed
Short answer: solar, wind, and battery lease payments are rent, taxed as ordinary income on Schedule E. As cash rent, they are usually not subject to self-employment tax, and Texas has no state income tax. A lump sum that replaces future rent is generally ordinary income too. Confirm your own situation with a CPA.
Lease payments are rent, and rent is ordinary income
Rent a landlord receives under a cash-rent lease is rental income, reported on Schedule E of Form 1040, and it is not subject to self-employment tax (Iowa State Center for Agricultural Law and Taxation). Federal law excludes rents from real estate from self-employment earnings, so a landlord receiving cash rent generally files Schedule E (Kansas State University, McEowen). Solar and wind leases pay fixed rent for the use of land, so the same rules apply: NC State Extension describes energy lease rents, net of the property taxes, maintenance, and insurance the landowner still pays, as ordinary income (NC State Extension), and UMass Extension notes any lease payments from a solar developer are subject to income tax (UMass Clean Energy Extension).
The IRS Farmer's Tax Guide, Publication 225, covers how farm rental income is reported (IRS Publication 225).
What you can deduct
Against Schedule E rent, landlords deduct their ownership costs on the leased land, such as property taxes, insurance, and depreciation on improvements (Kansas State University, McEowen). If the developer reimburses you for rollback taxes or pays them directly, ask your CPA how that reimbursement is treated.
Farm tax breaks you may lose on the leased acres
Cash-rent landlords are generally not considered to be in the business of farming for tax purposes. Iowa State's ag law center notes they do not qualify for the Section 179 expense deduction, the Section 175 deduction for soil and water conservation expenses, farm income averaging, or the special estimated-tax rule for farmers (Iowa State Center for Agricultural Law and Taxation). If a solar lease replaces farming on part of your land, those breaks can go away for that part.
Option payments and signing bonuses
How option payments and bonuses are timed and taxed depends on how the agreement is written, and the rules for options differ from the rules for rent. Have your CPA review the option agreement before you sign, so you know what is taxable in which year.
Lump sums are usually ordinary income too
Companies that buy landowners' future lease payments often say a lump sum can be taxed as capital gains instead of ordinary income. Treat that as a sales claim. In Hort v. Commissioner (1941), the U.S. Supreme Court held that a lump sum a landlord received in place of future rent was ordinary income, not a return of capital, because it substituted for the rent (Hort v. Commissioner, 313 U.S. 28). How any particular buyout is taxed depends on its structure, so get a CPA's written opinion before relying on capital-gains treatment. See selling your lease payments for a lump sum.
Questions for your CPA
- Which schedule do my lease payments go on, and is any part subject to self-employment tax?
- Which costs on the leased acres can I deduct?
- Do I lose any farm tax elections on the leased acres?
- When are the option payments and any signing bonus taxable?
- Should I be making estimated tax payments now that my income is higher?
General information from the sources linked above, not tax advice. Tax treatment depends on your facts and on how the agreement is written.
Related: Ag valuation and rollback taxes · What Texas solar leases pay