USDA Revises Rules for Foreign Buyers of American Farmland
Published Date: 12/29/2025
Proposed Rule
Summary
The USDA is updating rules for foreign folks who own or control U.S. farm land to make reporting clearer and stronger. These changes help protect family farms and boost national security by improving how info is collected and shared. If you’re a foreign landowner, get ready for new reporting steps starting soon—no extra fees, but don’t miss the deadlines!
Analyzed Economic Effects
6 provisions identified: 2 benefits, 3 costs, 1 mixed.
90‑Day Filing Duty for Foreign Owners
If you are a foreign person who acquires, transfers, or holds an interest in U.S. agricultural land, you must file an AFIDA report on form FSA-153 within 90 days of acquiring the interest or becoming a foreign person. The rule defines who is a "foreign person" and says filings historically went to the local FSA county office but USDA is moving toward an electronic filing process.
10% and 50% Ownership Reporting Thresholds
AFIDA requires reporting of foreign persons who hold a "significant interest or substantial control," defined as (1) an interest of 10 percent or more by a single foreign person or (2) an aggregate interest of 50 percent or more held by foreign persons in a domestic entity. Filers (other than individuals or governments) must list foreign persons meeting those thresholds.
USDA Considering Broader Disclosure and Targeting Rules
USDA is seeking public comment on possible regulatory changes that could require additional information about ownership chains (beyond two or three tiers), better verifiable property descriptions or geospatial maps, and whether foreign persons from countries designated as foreign adversaries should be treated differently for filing triggers.
Small‑Parcel Exemption for Tiny Farms
Land that does not exceed ten acres in the aggregate is excluded from the AFIDA definition of agricultural land if annual gross receipts from the farm, ranch, or timber do not exceed $1,000. That means very small parcels with annual receipts at or below $1,000 are not treated as agricultural land for AFIDA reporting.
Many Interests Not Reportable (Leases, Security Interests)
The AFIDA definition of "any interest" specifically excludes security interests, leases of less than 10 years, certain contingent or noncontingent future interests, surface/subsurface easements or rights-of-way unrelated to agricultural production, and interests solely in mineral rights. Those excluded interests are not subject to AFIDA reporting.
Move to Electronic Filing and Retention
Congress required USDA to streamline AFIDA electronic submission and retention in the Consolidated Appropriations Act, 2023, and USDA is implementing an online filing portal to replace the historic requirement to file in the local FSA county office. USDA is developing the electronic filing process and document retention capabilities.
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Key Dates
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