Foreign owners of land must file
The Agricultural Foreign Investment Disclosure Act requires all foreign persons or organizations to report the purchase of, or interest in, agricultural land in the United States.
Foreign persons must report the purchase or sale of land to the county FSA office in which the land is located within 90 days of the transaction.
Foreign persons shall submit Form FSA-153 for ownership purchases, leases of 10 acres or more, and sales of agricultural land. Under the individual and aggregate rule, a foreign person who meets any of the following criteria shall report:
• A foreign person who holds 10 percent or greater interest in the entity owning a tract of agricultural land.
• A group of foreign persons, acting in concert, who holds a collective interest of 10 percent or greater in the entity owning a tract of agricultural land.
• A group of foreign persons, not acting in concert, who holds a collective interest of 50 percent or greater in the entity owning a tract of land.
• A foreign individual, group of foreign persons, or foreign organization that holds a lease tract of agricultural land larger than 10 acres, and the lease is for 10 or more years, regardless of when the lease expires.
• The holding is 10 acres or less, but the sale of products from the tract of agricultural land is more than $1,000 in a calendar year.
Any foreign person who fails to report the purchase or ownership of agricultural land or who knowingly submits a report that is incomplete, misleading or false is subject to civil penalty. The penalty would not be more than 25 percent of the fair market value of the land on the date the penalty is assessed.
For those who find it difficult to visit the county office personally because of work schedules, distance, health, etc., FSA has a power of attorney form available that enables you to designate another person to conduct your business at the office. If you are interested, please contact our office or any Farm Service Agency office near you for more information.
Husbands and wives may sign documents on behalf of each other for FSAand Commodity Credit Corporation programs in which either has an interest. The option is automatically available unless a written request for exclusion is made to the county office staff by either spouse.
Any person who is convicted under federal or state law of a controlled substance violation could be ineligible for USDA payments or benefits. Violations include planting, harvesting or growing a prohibited plant. Prohibited plants include marijuana, opium, poppies and other drug producing plants.Luke Fritz is executive director of the Butler County Farm Service Agency.
