Foreign Persons Must Report U.S. Agricultural Land Holdings

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Foreign Persons Must Report U.S. Agricultural Land Holdings

08/18/2011 05:54 PM EDT

For Immediate Release: Aug. 18, 2011

Media Contact:
Jennifer Cole, Public Affairs Specialist
USDA Montana Farm Service Agency
(406) 587-6786
jennifer.cole@mt.usda.gov

Foreign Persons Must Report U.S. Agricultural Land Holdings

Bozeman, Aug. 18, 2011- Montana's USDA Farm Service Agency (FSA) Acting Executive Director Dick Deschamps, reminds foreign persons with an interest in agricultural lands in Montana that they are required to report their holdings and any transactions to the U.S. Secretary of Agriculture.

"Any foreign person who acquires, transfers or holds any interest, other than a security interest, in agricultural land in the United States is required by law to report the transaction no later than 90 days after the date of the transaction with the FSA county office," Deschamps said.

Foreign investors must file Agricultural Foreign Investment Disclosure Act (AFIDA) reports with the FSA county office that maintains reports for the county where the property is located.

“Failure to file a report, filing a late report or filing an inaccurate report can result in a penalty with fines up to 25 percent of the fair market value of the agricultural land,” Deschamps said.

For AFIDA purposes, agricultural land is defined as any land used for farming, ranching or timber production, if the tracts total 10 acres or more.

Disclosure reports are also required when there are changes in land use. For example, reports are required when land use changes from nonagricultural to agricultural or from agricultural to nonagricultural. Foreign investors must also file a report when there is a change in the status of ownership to or from a foreign owner or between foreign owners.

Data gained from these disclosures is used to prepare an annual report to the President and Congress concerning the effect of such holdings upon family farms and rural communities in the United States.

For more information regarding AFIDA and FSA programs, contact your nearest county FSA office or visit the state FSA website at www.fsa.usda.gov/mt.

USDA is an equal opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, 1400 Independence Ave., SW, Washington, D.C. 20250-9410 or call (800) 795-3272 (voice), or (202) 720-6382 (TDD).

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