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Foreign Land Owners Must Report

Lexington, KY - Foreign investors who buy, sell, or hold a direct or indirect interest in U.S. Agricultural land are required to report their holdings and transactions to the U.S. Secretary of Agriculture, in accordance with the Agricultural Foreign Investment Disclosure Act (AFIDA) of 1978.

Agricultural land refers to land used for crop production, grazing use, orchards, vineyards, timber production, etc.  Foreign investors who buy, sell, or hold a direct or indirect interest in U.S. agricultural land must file a report (form FSA-153).  A foreign person is any individual who is not a U.S. Citizen, an entity that is a foreign government, an entity formed under the laws of a foreign government, or an entity formed under a U.S. law in which a foreign person has a reportable direct or indirect interest.  A reportable interest is an interest held by a foreign person in agricultural land as a direct landowner, a direct holder of a leasehold interest for 10 years or more, or an indirect interest.  Failure to timely file an accurate report can result in a penalty, with fines up to 25 percent of the fair market value of the land.

Persons who possess Permanent Resident cards (also known as I-551 or green cards) are not required to report under the AFIDA.

The USDA Farm Service Agency has been designated to collect the AFIDA reports.  Completed forms must be returned to the FSA County Office where the land is located, or where the programs are administered. For more details on reporting requirements contact your local Farm Service Agency.

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USDA is an equal opportunity provider, and employer.

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