May 27, 2016

Farms receive extension for recording farm structure

The USDA is providing farms a one-time, 30-day extension to the June 1 deadline for recording farm organization structures related to Actively Engaged in Farming determinations. This date is used to determine the level of interest an individual holds in a legal entity for the applicable program year. The extension gives non-family farming operations more time to restructure.

Farming operations will now have until July 1 to complete their restructuring or finalize any operational change. The extension was issued in response to farmers and ranchers who requested more time to comply, and to assure that everyone has enough time to provide their information under the new rules, USDA said.

The 2014 Farm Bill provided Agriculture Secretary Tom Vilsack with the direction and authority to amend the Actively Engaged in Farming rules related to management. The final rule established limits on the number of individuals who can qualify as actively engaged using only management. Only one payment limit for management is allowed under the rule, with the ability to request up to two additional qualifying managers operations for large and complex operations.

The rule does not apply to farming operations comprised entirely of family members. The rule also does not change the existing regulations related to contributions of land, capital, equipment or labor, or the existing regulations related to landowners with a risk in the crop or to spouses. Producers that planted fall crops have until the 2017 crop year to comply with the new rules. The payment limit associated with Farm Service Agency farm payments is generally limited annually to $125,000 per individual or entity.