Niemann Law Group Blog

Harvesting Returns: Adding Farms to Your Real Estate Portfolio

Introduction

Investing in farms is great to diversify your portfolio, provide steady returns, and hedge against inflation. As the world’s population continues to expand, the demand for food products and resources is rising proportionately. As a result, the agricultural sector plays an increasingly critical role in the global economy. Additionally, the societal and environmental impact of investing in sustainable farming practices can create a legacy of stewardship for future generations.

Why Invest in a Farm?

Strong Performance: Farmland has demonstrated a strong return on investment over the past several decades, averaging ~11% total annual returns (income + price appreciation) from 1992 to 2022.

 Privately Held U.S. Farmland / Farm - NCREIF Farmland Index; Privately Held U.S. Commercial Real Estate - NCREIF Real Estate Index; Stocks - S&P 500 Total Return Index; Bonds - Bloomberg Barclays U.S. Aggregate Index; Gold - LBMA Precious Metal Prices.

Sources: Privately Held U.S. Farmland – NCREIF Farmland Index; Privately Held U.S. Commercial Real Estate – NCREIF Real Estate Index; Stocks – S&P 500 Total Return Index; Bonds – Bloomberg Barclays U.S. Aggregate Index; Gold – LBMA Precious Metal Prices.

Hedge Against Inflation: Farmland has historically been one of the best inflation hedges. The NCREIF Farmland Index’s Total Return has consistently provided returns more than double the inflation rate since before 1992.

Farms

Sources: NCREIF Farmland Index and the Consumer Price Index

Different Types of Farms

Crop Farms: These farms primarily focus on cultivating a variety of crops such as grains, fruits, vegetables, and nuts. The value of these farms can be influenced by factors such as soil quality, climate, access to water, and crop yield.

Livestock Farms: These farms are designed for raising animals for meat, dairy, or fiber production. Types of livestock can range from cattle, pigs, and sheep to more specialized animals like alpacas or ostriches. The profitability of these farms can depend on factors such as animal health, feed costs, and market demand for specific animal products.

Mixed Farms: Mixed farms combine crop cultivation and livestock rearing, providing diversified income streams and often reducing risk by not being reliant on a single type of production.

Specialty Farms: These include organic farms, which adhere to strict regulations and avoid synthetic fertilizers and pesticides; vertical farms, which use innovative techniques to grow crops in vertical layers, often in urban environments; and aquaponics, which combine fish farming with hydroponics, growing plants in water rather than soil.

Understanding the Scale of Investment

The more than 2 million farms in the U.S. vary greatly in size and characteristics. For example, annual gross revenue can range from as little as $1,000 to more than $5 million. Farms are classified based on ownership of the farm, annual gross revenue, and the primary occupation of the principal operator.

  • Small-scale Farming: This level of investment typically involves family-owned or managed farms, with a focus on local markets and community-supported agriculture (CSA). Small-scale farming may require lower initial capital investment but may also have limited growth potential. [up to $350,000 in sales/yr]
  • Mid-scale Farming: Mid-scale farming operations are larger than small-scale farms but still primarily family-owned or operated. These farms may have a more significant market presence, access to regional distribution channels, and potential for growth and expansion. [$350,000 – $999,999 in sales/yr]
  • Large-scale Farming: Large-scale farming, also known as corporate or industrial farming, involves substantial capital investment and often focuses on maximizing production and efficiency. These operations are typically managed by professional teams, with investments in advanced technologies and significant landholdings. [$1,000,000 + in sales/yr]
  • Nonfamily farms: Farms where an operator and persons related to the operator do not own a majority of the business.

Key Point: While most U.S. farms are small, most agricultural production occurs on large-scale and midsize family farms.

Our research found that family farms remain a key part of U.S. agriculture, making up 98% of all farms and providing 88% of production. Most farms are small family farms, and they operate almost half of U.S. farm land, while generating 21% of production. Midsize and large-scale family farms account for about 66% of production; and non-family farms represent the remaining 2.1% of farms and 12% of production.

The specific commodities produced tend to vary by farm type. Small farms produce most U.S. poultry (including eggs) and hay. Midsize and large-scale farms account for most of the cotton, cash grains, and oilseed production. Large-scale farms produce the bulk of dairy. Finally, large-scale and non-family farms dominate production of beef production and high value crops which include vegetables, fruits/tree nuts, and nursery/greenhouse products.

Farms

However, the number of farms in the United States for 2021 is estimated at 2,012,050, down 6,950 farms from 2020. The number of farms increased in all sales classes except $1,000-$9,999, $100,000-$249,999, and $1,000,000 or more. In 2021, 51.0 percent of all farms had less than $10,000 in sales and 81.5 percent of all farms had less than $100,000 in sales. In 2021, 7.4 percent of all farms had sales of $500,000 or more.

Total land in farms, at 895,300,000 acres, decreased 1,300,000 acres from 2020. The biggest change for 2021 is that producers in Sales Class $1,000 – $9,999 operated 640,000 fewer acres than in 2020. In 2021, 30.1 percent of all farmland was operated by farms with less than $100,000 in sales, while 40.9 percent of all farmland was operated by farms with sales of $500,000 or more.

The average farm size for 2021 is 445 acres, up from 444 acres the previous year. Average farm size increased in the $1,000,000 or more sales class and decreased or remained unchanged in all other sales classes.

Farms

Financing Options for Farm Investments

Traditional Financing Options

Key Point: Farmland is greatly underleveraged, as only 15% of the farms are subject to debt.

The debt-to-asset ratio is forecast to increase from 13.09 percent in 2022 to 13.22 percent in 2023 while the debt-to-equity ratio is expected to increase from 15.07 percent to 15.24 percent.

Farm sector equity—the difference between farm sector total assets and total debt—is forecast to rise to $3.51 trillion in 2023, a 5.0 percent increase relative to 2022 in nominal dollars. Farm sector assets are expected to increase 5.2 percent to $4.05 trillion while farm sector debt is expected to increase 6.2 percent to $535.1 billion in 2023. When adjusted for inflation, farm sector equity, assets, and debt are forecast to increase by 2.1 percent, 2.3 percent, and 3.3 percent, respectively.

See a summary of the balance sheet in the table U.S. farm sector financial indicators, 2016–2023F, or get the full balance sheet details, including the current/noncurrent balance sheet and selected financial ratios.

Mortgage Loans: Farm mortgages are the most common form of finance for buying farm property. They are loans secured against the value of the land, with the property serving as collateral. Financial institutions offer various types of agricultural mortgages based on the borrower’s needs and the property’s characteristics. Interest rates, terms, and conditions can vary significantly, and it’s essential to shop around for the best deal.

Personal Loans: Personal loans can be used for smaller or short-term farm investments, such as buying equipment or livestock, or financing a crop season. They typically have higher interest rates than mortgages and shorter repayment terms.

Equity Financing: Equity financing involves selling a portion of your business to raise funds. This can be a viable option for larger-scale farm operations or those with significant growth potential. It’s essential to consider the implications of giving up ownership and control, as well as the expectations of investors for returns on their investment.

Alternative Financing Options

Crowdfunding: Crowdfunding platforms allow businesses to raise small amounts of money from a large number of people, typically via the Internet. This can be a viable option for start-up farms, niche or specialty farms, or those with a strong community or social impact focus.

Direct Public Offerings (DPOs): DPOs are a type of equity financing where shares are sold directly to the public, bypassing traditional financial intermediaries. This can be a way to raise significant capital from supporters or the community, but it involves complex securities regulations and significant upfront costs.

Real Estate Investment Trusts (REITs): Agricultural REITs are companies that own, operate or finance income-generating farm properties. They provide a way for investors to gain exposure to farm real estate without the need to directly manage a farm. REITs can provide a steady income stream and potential for capital appreciation, but they also carry risks associated with real estate and commodity markets.

Government Programs and Grants

U.S. Department of Agriculture (USDA) Loans and Grants: The Farm Service Agency (FSA) is an agency of the U.S. Department of Agriculture (USDA) that serves all farmers, ranchers and agricultural partners through the delivery of effective, efficient agricultural programs for all Americans. These programs aim to support family farms, beginning farmers and ranchers, minority and women farmers, and urban agriculture projects.

Current FSA Loan Interest Rates

Program

Interest Rates

Farm Operating – Direct

5.000%

Farm Operating – Microloan

5.000%

Farm Ownership – Direct

5.000%

Farm Ownership – Microloan

5.000%

Farm Ownership – Direct, Joint Financing

3.000%

Farm Ownership – Down Payment

1.500%

Emergency Loan – Amount of Actual Loss

3.750%

Effective as of May 1, 2023

FSA Direct Farm Loans

Direct Farm Loans are intended to help farmers start, purchase, or expand their farming operation. These loans are particularly beneficial to beginning farmers with limited financial history or to farmers who have experienced financial setbacks from natural disasters. The maximum loan amount for farm ownership is $600,000, while for farm operating loans, it’s up to $400,000. The repayment term for farm ownership loans can be up to 40 years, while for operating loans, it cannot exceed seven years.

FSA Guaranteed Farm Loans

Guaranteed Farm Loans are available to farmers who may not meet the qualifications for a commercial lender loan. Commercial lenders make and service these loans, and FSA guarantees them against loss up to a maximum of 90-95%. Guaranteed loans include farm ownership, operating, and conservation loans. The maximum loan amount for both farm ownership and operating loans through a commercial leader is $2,037,000.

FSA Down Payment Program

The Down Payment Program assists socially disadvantaged and beginning farmers in purchasing a farm, requiring a minimum 5% down payment. The maximum loan amount is 45% of the least of the purchase price or the appraised value of the farm, up to $667,000, which results in a maximum loan amount of $300,150.

FSA Youth Loans

Youth Loans are designed for young individuals aged between 10 and 20 years who are sponsored by an agriculture-affiliated group. The maximum loan amount for these loans is $5,000.

Emergency Loans

Emergency Loans help farmers and ranchers who have suffered a loss from natural disasters. These loans can be used to restore essential property, cover production costs, and refinance certain debts, with a maximum loan amount of $500,000.

FSA Conservation Loans

Conservation Loans provide farmers and ranchers with the funds to implement conservation measures on their lands. These loans, available only as guaranteed loans, can be taken up to a maximum of $2,037,000 with a maximum repayment term of 30 years.

Other FSA Funds

FSA also targets a percentage of loan funds each year to assist beginning and socially disadvantaged farmers, who historically have faced difficulties in obtaining financial assistance. In addition, FSA offers financial guarantees for land sale contracts to these farmers.

To qualify for FSA loans

To qualify for these loans, applicants must meet several eligibility requirements, including being a family farmer, having a satisfactory credit history, being a U.S. citizen or a qualified alien, and being unable to obtain credit elsewhere at reasonable rates and terms.

Finally, FSA provides support beyond just credit. The agency works with farmers and ranchers to identify strengths and areas of improvement in farm production and management, helping them find alternative options and improve business planning and financial insight. FSA also offers assistance to direct loan borrowers with distressed or delinquent accounts, including re-amortization, rescheduling, consolidation, deferral of loans, and writing down the debt. In certain cases, FSA may allow borrowers to retain their homestead and up to 10 acres, or even offer the opportunity to pay off their debt below the full debt amount.

The ASBDA Loan Program

The ASBDA runs an exceptional program geared towards providing financial support to burgeoning farmers. This initiative empowers lending institutions to secure federally tax-exempt interest on loans given to these farmers. The beauty of this arrangement lies in the resultant tax savings, which translate into lower interest rates for the loan recipients.

Under this scheme, a qualifying borrower has the potential to secure a loan of up to $616,100. This substantial amount can be channeled towards:

  • Purchasing agricultural land
  • Erecting farm buildings
  • Procuring farm equipment
  • Acquiring breeding livestock

Notably, of the maximum loan amount, depreciable agricultural property should not surpass $250,000, and a cap of $62,500 is set for used depreciable property.

Funding Overview

In 2005 there were fewer than 20 farmland funds operating around the world. By 2022, the number of farmland funds reached 200, with an aggregated AUM of $46 Billion

FARMS

Sources: Valoral Advisors

Pros and Cons of Investing in Farms 

PROS 

  1. Stable long-term returns: The global demand for food is expected to increase as the population grows, making agricultural investments potentially more resilient to economic fluctuations. This stability can provide consistent, long-term returns for investors.
  2. Inflation hedge: Historically, agricultural commodities have demonstrated a positive correlation with inflation. Investing in farms can serve as a hedge against inflation, preserving the purchasing power of your investment.
  3. Diversification: Adding farm investments to your portfolio can help reduce risk by spreading investments across various asset classes. Agricultural investments tend to have a low correlation with traditional asset classes, such as stocks and bonds, providing an effective diversification strategy.
  4. Tangible asset: Farms are tangible assets with intrinsic value. This makes them less susceptible to the short-term fluctuations seen in financial markets, providing a more stable investment option.
  5. Tax benefits: Depending on the jurisdiction, investing in farms may provide tax incentives or deductions, such as depreciation on farm equipment, structures, or even the land itself. Consult with a tax professional to understand the specific tax benefits that may be available to you.
  6. Sustainable and responsible investing: Investing in farms that utilize sustainable and environmentally friendly practices can contribute to the global effort to reduce environmental degradation, address climate change, and promote responsible land management.
  7. Potential for value-added opportunities: Farms offer numerous opportunities to add value to the underlying asset, such as developing on-site processing facilities, exploring agritourism ventures, or establishing direct-to-consumer sales channels. These value-added strategies can potentially increase profitability and enhance the overall return on investment.
  8. Land appreciation: Over time, the value of land tends to appreciate due to factors such as urbanization, population growth, and resource scarcity. By investing in farms, investors can potentially benefit from land appreciation, generating capital gains.
  9. Supply chain control: Investing in farms can give investors more control over their supply chain in industries that rely on agricultural commodities. This control can lead to increased efficiency, reduced costs, and a competitive advantage.
  10. Asset-backed security: Farm investments are typically secured by the underlying land and agricultural assets, providing a measure of security for the investment. In the event of a default, these assets can be sold to recover losses.
  11. Rural development and job creation: Investing in farms can contribute to the economic development of rural areas by creating jobs and supporting local businesses, thereby fostering social responsibility and community development.

CONS 

  1. Capital intensive: Purchasing farmland, farm equipment, and infrastructure can require a significant upfront capital investment. This high entry cost may deter some investors or limit their ability to invest in other asset classes.
  2. Illiquidity: Farmland investments can be less liquid than traditional real estate investments due to the specialized nature of the asset and the smaller pool of potential buyers. This illiquidity can make it more difficult to sell the asset quickly or at a desirable price.
  3. Management and operational complexities: Farm investments often involve active management and specialized knowledge of farming practices, which may require the investor to partner with experienced farm operators or hire qualified personnel. This can increase operational costs and create potential challenges in overseeing the investment.
  4. Environmental risks: Farms are susceptible to various environmental risks, such as droughts, floods, pests, and diseases, which can significantly impact crop yields or livestock health. These risks may result in lower returns or even losses for investors.
  5. Market and price volatility: The prices of agricultural commodities can be highly volatile due to factors such as weather, global demand, and geopolitical events. This price volatility can directly impact the profitability and stability of farm investments.
  6. Regulatory and legal risks: Farms are subject to a wide range of regulations, including land use, water rights, environmental, and labor laws. Compliance with these regulations can be complex and costly, and non-compliance may result in fines, penalties, or loss of operational licenses.
  7. Limited income diversification: Unlike other real estate investments that generate income through rent or lease payments, farms often rely on the sale of agricultural products for income. This lack of income diversification can expose investors to market fluctuations and price volatility in the agricultural sector.
  8. Climate change: The increasing impacts of climate change, such as changing weather patterns, more frequent extreme weather events, and shifting growing seasons, can pose significant risks to farm investments by affecting crop yields, water availability, and the prevalence of pests and diseases.
  9. Technological advancements: The agricultural sector is continuously evolving, with new technologies and practices emerging regularly. Investors may need to invest in upgrading farm infrastructure and equipment to remain competitive, which can be costly and time-consuming.
  10. Land and resource constraints: As the global population continues to grow, the competition for land and resources, such as water and arable land, may intensify. This competition can lead to increased costs or reduced access to essential resources for farm operations.
  11. Labor challenges: Farming can be labor-intensive, and finding skilled labor or addressing labor shortages may present challenges for farm investors. Additionally, labor laws and regulations can impact the cost and availability of labor for farm operations.

Environmental Laws and Regulations that Apply to Your Agricultural Operation by Farm Activity

Livestock, Poultry and Aquaculture (including beef, dairy, swine, poultry, aquaculture)

Topic

Type of Farm or Ranch Activity

Link to Program Area Information

Requirements of Farm

Aquaculture

Criteria to determine which aquaculture discharges require an NPDES permit.

National Pollutant Discharge Elimination System (NPDES)

Concentrated Aquatic Animal Production (CAAP) facilities

Permit required if meet specific conditions

Livestock and Poultry Production

Concentrated Animal Feeding Operations that discharge to a water of the U.S.

National Pollutant Discharge Elimination System (NPDES)

Concentrated Animal Feeding Operation Rule

NPDES Permit required if CAFO discharges to a water of the U.S.

Livestock and Poultry Production

All Large Concentrated Animal Feeding Operations that land apply manure.

National Pollutant Discharge Elimination System (NPDES)

Concentrated Animal Feeding Operation Rule

Large CAFOs that land apply manure must meet nutrient planning requirements.

Permit required if CAFO discharges to a water of the U.S.

If aggregate of non-fugitive emissions of any regulated pollutant exceeds 100 tpy. Also, generally, sources that are major under Section 112, Section 302, or Part D of title I are also considered major under title V and required to obtain a title V permit.

Apply for permit

The source must apply for a permit if aggregate of non-fugitive emissions of any regulated pollutant exceeds a certain threshold amount depending on the attainment/non-attainment status of the area and on the pollutant. This requirement applies to new sources as well as to major modifications of sources.

New Source Review / Prevention of Significant Deterioration permit

Apply for permit

Crop Production (including Nurseries, Greenhouses, Forestry)

Topic

Type of Farm or Ranch Activity

Link to Program Area Information

Requirements of Farm

Pesticide use by workers or handlers

Mixing, loading and application of pesticides and any other farm labor that involves exposure to pesticides.

Label restrictions typically require protective clothing and engineering controls (e.g., tractors with enclosed cabs and air recirculation systems).

Restricted Pesticide Use

Pest control with the use of ‘restricted use’ pesticides.

Required training for farmers and/or their pesticide applicators that use ‘restricted use’ pesticides.

Pesticide Use

Storage and disposal of pesticides and pesticide containers.

Follow label instructions for storing and disposing of pesticides and containers.

Pesticide Use and Water

Applications of (1) biological pesticides and (2) chemical pesticides that leave a residue, in which applications are made directly to waters of the United States, or where a portion of the pesticide will unavoidably be deposited to waters of the United States.

Applications required to be covered under a National Pollutant Discharge Elimination System (NPDES) permit.

Pesticide use and endangered species

Pest control on farmland or forests that have endangered species habitat.

Farmer must follow label requirements and county bulletin requirements (if available) to ensure protection of endangered species.

Pesticide use

Crop and livestock production practices that involve pest control.

Follow label instructions to apply pesticide legally.

Pesticide use

Farms that dispose of pesticide residues and rinsates off-site

Proper disposal of pesticide hazardous wastes.
Waste pesticides disposed of on a farmer’s own property in compliance with specified waste management requirements, including the disposal instructions on the pesticide label, are not subject to the TSD facility standards.
Even wastes that exhibit one or more of the characteristics of a hazardous waste are exempt from regulation when the farmer triple rinses each emptied pesticide container and disposes of the rinsate on his own farm in compliance with the disposal instructions on the label.

Land Application

Farms that land apply biosolids or which own land on which biosolids are land applied.

Federal permit generally not required, but farms must directly meet regulatory requirements for pollutant limits, management practices, operational standards, reporting and other requirements.

Forestry

Rock crushing, gravel washing, log sorting, and log storage facilities

Permit required for specific forestry activities

Livestock regulations play a crucial role in safeguarding the environment, ensuring the health and welfare of animals, and maintaining the safety of the food supply. These regulations cover various aspects, including imports, feeding practices, and meat product safety, and are administered by different federal agencies in the United States. The primary goal is to protect both livestock-producing enterprises and the public consuming the food derived from these animals.

One key agency involved in livestock regulations is the Animal and Plant Health Inspection Service (APHIS), which operates under the United States Department of Agriculture (USDA). APHIS is responsible for inspecting live animals imported into the country. By serving as the first line of defense, APHIS works diligently to prevent animal diseases that can transmit to humans from entering the U.S. food supply. Moreover, APHIS ensures the health and welfare of domestic livestock, which contributes to the overall quality of livestock-based products.

Another critical entity overseeing livestock feeding practices is the U.S. Food and Drug Administration (FDA). The FDA’s oversight aims to safeguard the nation’s food supply and public health. Interested individuals can find detailed information on livestock feeding from the FDA’s Center for Food Safety and Applied Nutrition. In line with this, the FDA has implemented regulations stipulating that all animal feed ingredients must be appropriately labeled to prevent the inclusion of animal byproducts, such as meat and bone meal, in the ruminant food supply chain. This labeling requirement helps maintain the integrity of the feed and minimize the risk of disease transmission.

Federal regulations also govern the inspection of livestock before and after slaughter, ensuring the safety of meat products. The USDA’s Food Safety and Inspection Service (FSIS) is responsible for conducting inspections at slaughter facilities, examining animals, and inspecting meat products. FSIS focuses primarily on food safety, aiming to prevent foodborne illnesses caused by harmful microbes like E. coli, Salmonella, and Listeria.

Other Legal Considerations When Investing in Farms 

Zoning and Land Use 

Zoning and land use regulations play a crucial role in determining the allowable activities and development potential of a property. When investing in farms, it is essential to understand the relevant zoning ordinances and land use regulations to ensure compliance and avoid potential legal disputes or financial losses. Zoning ordinances may establish various agricultural zones, such as:

General agricultural zones: These zones typically allow a wide range of agricultural uses, including crop farming, livestock operations, and related activities.

Exclusive agricultural zones: These zones are designed to preserve prime agricultural land by restricting non-agricultural uses, such as residential or commercial development.

Agricultural preservation zones: These zones aim to protect agricultural land from urban sprawl and may require minimum parcel sizes or restrict subdivision.

Zoning variances and conditional use permits: In some cases, an investor may seek a zoning variance or conditional use permit to allow for specific activities or developments that do not conform to the existing zoning regulations. These processes typically involve public hearings and may require demonstrating a unique hardship or that the proposed use will not negatively impact neighboring properties.

Land Use Regulations 

Comprehensive plans: Local governments often develop comprehensive plans to guide future land use and development. These plans outline land use goals, policies, and strategies, which can influence zoning ordinances and other regulations governing farm investments.

Right-to-farm laws: Many jurisdictions have enacted right-to-farm laws to protect agricultural operations from nuisance claims and restrictive local ordinances. These laws generally protect existing farms from complaints or lawsuits related to the normal and customary agricultural practices.

Land conservation programs: Governments may establish land conservation programs, such as agricultural land trusts or conservation easements, to preserve farmland and promote sustainable land use. Participation in these programs can provide financial incentives, tax benefits, or development rights in exchange for preserving the agricultural use of the land.

Water Rights and Usage 

Riparian rights and prior appropriation: Water rights in the United States are generally based on either riparian rights, which grant water access to property owners adjacent to a water source, or prior appropriation, which allocates water rights based on a first-come, first-served basis.

Groundwater rights: Groundwater rights govern the extraction and use of water from underground sources, such as wells. Regulations may limit the amount of water that can be withdrawn, require permits, or establish monitoring and reporting requirements.

Water quality regulations: Farms must comply with water quality regulations designed to protect surface and groundwater sources from pollution, such as the Clean Water Act. These regulations may require permits for discharging pollutants, implementing best management practices, or monitoring and reporting water quality data.

Pesticide and Fertilizer Regulations 

Pesticide registration and usage: Pesticides must be registered with the Environmental Protection Agency (EPA) and comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Farmers must follow the label instructions and may need to obtain permits or certifications for certain pesticide applications.

Nutrient management and fertilizers: Excessive nutrient runoff from farms can contribute to water pollution and algal blooms. Many jurisdictions have nutrient management regulations that require farmers to develop and implement nutrient management plans, which outline proper fertilizer application rates, timing, and methods.

Waste Management and Disposal 

Animal waste management: Livestock farms generate significant amounts of animal waste, which can pose environmental and public health risks if not managed properly. Regulations, such as the EPA’s Concentrated Animal Feeding Operation (CAFO) rules, require farms to develop and implement waste management plans, obtain permits, and comply with discharge and monitoring requirements.

Hazardous waste disposal: Farms may generate hazardous waste from activities such as equipment maintenance, pesticide handling, or fuel storage. Proper disposal of hazardous waste is regulated under the Resource Conservation and Recovery Act (RCRA), and farms must comply with storage, transportation, and disposal requirements.

Property Rights and Land Tenure Systems 

Property rights and land tenure systems define the legal relationship between landowners, users, and the state concerning the ownership, use, and transfer of land. In the context of farm investments, understanding property rights and land tenure systems is crucial for assessing the stability and security of the investment. The most common types of land tenure systems include:

  1. Private ownership: Individuals or entities hold exclusive rights to the land and can sell, lease, or transfer the property as they see fit, subject to applicable laws and regulations.
  2. Leasehold: The land is owned by one party (the lessor) and leased to another (the lessee) for a specified period, usually in exchange for rent. The lessee has the right to use and manage the land within the terms of the lease agreement.
  3. Customary or communal land tenure: Land is owned, managed, or used by a community based on traditional practices and customs. This system is more common in developing countries and can pose challenges for investors seeking clear and enforceable property rights. 

Federal and State Tax Laws Applicable to Farm Properties 

Understanding the tax implications of farm investments is crucial for maximizing returns and minimizing potential liabilities. This section will provide an overview of key federal and state tax laws relevant to farm properties.

Federal Tax Laws 

Income tax: Farm income, including revenue from crop sales, livestock sales, and government payments, is subject to federal income tax. However, the Internal Revenue Service (IRS) allows farmers to deduct various expenses, such as seeds, feed, fertilizers, and equipment repairs, to offset this income.

Self-employment tax: Farmers are typically considered self-employed for tax purposes and must pay self-employment tax, which covers Social Security and Medicare contributions.

Capital gains tax: The sale of farm assets, such as land, buildings, or equipment, may be subject to capital gains tax, depending on the holding period and the asset’s appreciation in value.

State Tax Laws 

State tax laws vary, but farm investors should be aware of potential state income tax, property tax, and sales tax implications when investing in farm properties. Some states offer preferential tax treatment for agricultural properties, such as reduced property tax rates or exemptions for certain farm inputs.

Tax Incentives and Credits for Sustainable Agriculture

Federal and state governments often provide tax incentives and credits to encourage sustainable agriculture practices and investment in renewable energy projects. These incentives may include:

Federal Tax Incentives 

Renewable energy tax credits: The federal government offers tax credits for investments in renewable energy systems, such as solar, wind, or geothermal installations. These credits can offset the cost of installing and maintaining renewable energy systems on farm properties.

Conservation easement deductions: Landowners who donate a qualified conservation easement to a land trust or governmental entity can receive a federal income tax deduction for the fair market value of the easement. This incentive encourages the preservation of agricultural land and natural resources.

State Tax Incentives 

State-level tax incentives for sustainable agriculture practices and renewable energy projects vary by state but may include:

Property tax reductions or exemptions: Some states offer reduced property tax rates or exemptions for agricultural land that is managed under a conservation plan or enrolled in a farmland preservation program.

Income tax credits: Several states provide income tax credits for investments in renewable energy systems, soil and water conservation measures, or the purchase of conservation easements.

Depreciation, Deductions, and Tax Planning Strategies 

Farm investors can leverage various depreciation, deductions, and tax planning strategies to minimize their tax liability and maximize returns on their investments. This section will outline some of the key strategies available to farm investors.

Depreciation 

Tangible property: Farm investors can depreciate the cost of tangible property, such as buildings, equipment, and vehicles, over a specified period. The IRS provides guidelines for determining the appropriate depreciation method, recovery period, and convention for different types of farm assets.

Land improvements: Land improvements, such as drainage systems, irrigation systems, or fences, can also be depreciated over time. However, the cost of the land itself is not depreciable.

Deductions 

Operating expenses: Farm investors can deduct ordinary and necessary expenses incurred in the operation of their farm business, including costs related to labor, supplies, repairs, maintenance, and insurance.

Interest and taxes: Interest paid on farm loans and real estate taxes on farm property can generally be deducted as business expenses.

Start-up costs and organizational expenses: Farm investors can elect to deduct a portion of start-up costs and organizational expenses incurred in the establishment of their farm business, with the remainder amortized over a specified period.

Tax Planning Strategies 

Income averaging: Farmers can elect to use income averaging, which allows them to spread their taxable income over a three-year period. This can be beneficial in years with high income, as it can help reduce overall tax liability.

Deferred payment contracts: Farm investors can use deferred payment contracts to manage the timing of their income from the sale of crops or livestock, potentially deferring tax liability to a later year when they may be in a lower tax bracket.

Tax deferral on the sale of farm property: Investors can take advantage of tax deferral strategies, such as like-kind exchanges (also known as 1031 exchanges), when selling farm property. These strategies allow investors to defer capital gains taxes on the sale of farm property if they reinvest the proceeds in a similar property within a specified time frame.

Evaluating Farm Properties 

Assessing Agricultural Potential and Productivity 

A crucial aspect of evaluating farm properties is determining the agricultural potential and productivity of the land. This section will explore factors that can impact agricultural productivity, such as soil quality, climate, and water resources.

Soil Quality 

Soil composition: The composition of the soil, including its texture, structure, and organic matter content, can significantly influence crop yields and the types of crops that can be grown on a particular property.

Soil fertility: Soil fertility, which refers to the availability of essential plant nutrients in the soil, is a key factor in determining agricultural productivity. Soil tests can help assess fertility levels and guide appropriate nutrient management practices.

Drainage and erosion: Proper drainage and erosion control are critical for maintaining soil quality and preventing damage to crops and infrastructure. Assessing the property’s drainage and erosion risks can inform necessary improvements or land management practices.

Climate 

Temperature and precipitation: Understanding the local climate, including average temperatures, precipitation patterns, and the length of the growing season, is essential for determining the types of crops and livestock that can thrive on a particular property.

Climate variability and risk: Climate variability and risks, such as drought, flood, or extreme temperature events, can impact agricultural productivity and require appropriate risk management strategies.

Water Resources 

Water availability: Access to a reliable water supply is critical for successful agricultural operations. Evaluating the property’s water resources, such as groundwater, surface water, or irrigation infrastructure, is necessary to ensure sufficient water for crop and livestock needs.

Water rights: Understanding the property’s water rights and any applicable regulations is crucial for ensuring legal access to water resources and avoiding potential conflicts or disputes.

Infrastructure and Accessibility

Evaluating the infrastructure and accessibility of a farm property can impact its overall value, operational efficiency, and marketability. This section will discuss key infrastructure and accessibility considerations.

On-Farm Infrastructure 

Buildings and facilities: Assessing the condition and suitability of existing buildings and facilities, such as barns, storage structures, and livestock housing, is essential for determining the property’s functionality and potential investment needs.

Equipment and machinery: Evaluating the property’s equipment and machinery inventory can help inform the overall value of the property and potential capital investment requirements.

Fencing and irrigation systems: Assessing the condition and functionality of fencing and irrigation systems can help determine necessary improvements or maintenance costs.

Accessibility 

Transportation and access: Assessing the property’s access to transportation networks, such as roads, railways, and ports, can impact the efficiency of transporting products to market and accessing necessary inputs and services.

Proximity to markets and services: Evaluating the property’s proximity to markets, suppliers, and agricultural support services can influence the overall viability and profitability of the farm operation.

Market Analysis and Regional Trends 

Understanding the local and regional agricultural market dynamics is essential for evaluating the potential profitability and risks of a farm property investment. This section will explore key market analysis and regional trend considerations.

Commodity Prices and Market Demand 

Historical and current commodity prices: Analyzing historical and current commodity prices can help investors assess the potential profitability of a farm property and inform crop and livestock production decisions.

Market demand trends: Evaluating trends in consumer demand for specific agricultural products can inform production decisions and potential niche market opportunities.

Conclusion

In conclusion, diversifying your real estate portfolio by investing in a farm is a strategic decision that carries with it a unique set of opportunities and challenges. The potential for diversification, sustainable income generation, and participation in a fundamental sector of the economy are compelling reasons to consider this avenue.

Farms come in various forms – from crop to livestock, mixed to specialty, and their scale can greatly influence the initial investment and potential returns. Understanding the type and scale of the farm you wish to invest in is a crucial first step. Whether it’s a small boutique vineyard or a large-scale corn farm, the scale will dictate not only the type of work involved but also the financial implications.

Financing such investments can be approached through traditional and alternative options, and there are numerous government programs and grants designed specifically to support agriculture. However, it’s also important to stay updated on current loan interest rates to ensure the financial feasibility of your investment.

Like any investment, farm investments come with their pros and cons. It’s essential to weigh these carefully, considering factors like market demand, operational expenses, environmental impact, and your personal capacity and interest in managing such investments.

One of the most important aspects of investing in a farm is the multitude of laws and regulations that apply. From environmental laws to zoning and land use regulations, each farm activity has its own set of legal considerations. Understanding these laws can help avoid costly mistakes and ensure your farming operation remains within the law.

Tax laws, both federal and state, also play a significant role in the economics of farm investments. A thorough understanding of these laws, as well as available incentives and credits for sustainable agriculture, can significantly impact your bottom line. Depreciation, deductions, and tax planning strategies are powerful tools for maximizing your investment’s profitability.

Finally, when it comes to evaluating farm properties, a comprehensive approach is required. Assessing agricultural potential and productivity, understanding the infrastructure and accessibility, and conducting a thorough market analysis and regional trends review are all critical components of the evaluation process.

The Author

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