Non-US Companies Should Use Caution When Investing in US “Agricultural Land”

May 21, 2015

A non-U.S. company that buys or sells U.S. real estate that is or once was used for agricultural purposes may face reporting requirements in connection with such transactions. These reporting obligations might apply whether or not the non-U.S. company typically engages in real estate transactions, and whether or not a specific transaction was centered on the transfer of real estate. Companies operating in the renewable energy space in particular should carefully evaluate these obligations, as solar and wind power generation projects are often developed on agricultural land. Significant fines can result from failure to disclose as required.

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