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Lay down yard for windmill reported in Box 3 1099-misc

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Level 2

I have a partnership that received a 1099-misc with amounts is boxes 2 and 3 with the amount in box 3 as a payment for the lay down yard for natural resources lost etc. I am a little confused as to where I report that on the 1065?  

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5 Replies 5
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Level 11

A laydown yard for wind turbines is the operations base -- not necessarily the site of the windmill itself.  Box 2 is royalties, so the owners must be receiving payments based on how much power is produced.  Form 8825, Code 6.   Box 3 is probably a fixed payment for an easement, either temporary or permanent.  You would have to look at the contract with the power company, for more details.  

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Level 2

Yes, it is a fixed payment for easement, etc. I am a little unsure of the proper place to record that income on the 1065 return?

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Level 11

One-time payment, or annual?

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Level 2

ONE TIME PAYMENT

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Level 11

Then it looks like an easement (provided the partners did not deed the entire piece of land, outright) and you adjust the basis of the property.  No gain unless proceeds exceed basis, and no income.  You might want to attach an explanation, at least for the benefit of future generations -- I doubt that IRS does any document matching with 1065's.  The question might be whether the easement involves the entire parcel, or just a part of it.  In other words, if there are 40 acres, and this restricts use of only one of them, then only 1/40 of the basis would be reduced (and it might turn out to be a capital gain).