Determining an Equitable Crop Share Lease AgLease101.org Should a crop-share arrangement be used? Advantages • For operator, lower operating capital requirements • Shared management • Crop sales, input purchases may be timed for tax purposes • Risks shared • Landowner can establish material participation AgLease101.org 2 Should a crop-share arrangement be used? Disadvantages • For landowner, income will be variable • Increased record-keeping – Shared expenses – Government programs – Crop insurance • Landowner must make marketing decisions (unless it is a nonmaterial participation lease) AgLease101.org 3 Should a crop-share arrangement be used? Notes • Sharing arrangement may need to change as prices or technology change • For landlord, material participation may reduce Social Security benefits in retirement AgLease101.org 4 Establishing a Crop-Share Arrangement • Share yield-increasing variable expenses in the same percentage as the crop • Adjust arrangement as technology changes relative costs • Share total returns in the same proportion as parties contribute resources • At the end of the lease, compensate operators for portion of long-term investments made that are not fully depreciated AgLease101.org 5 Establishing a Crop-Share Arrangement • Maintain open and honest communication – Make sure both parties know and understand their responsibilities. – Written leases encourage communication up front and clarify plans. AgLease101.org 6 Share yield-increasing variable expenses in the same % as the crop is shared Encourages optimal input use. Yield increasing inputs may include: • Fertilizer Yield • Irrigation water • Herbicides • Seed AgLease101.org Input 7 Share yield-increasing variable expenses in the same % as the crop is shared • For example, at $0.40/lb for fertilizer, $4 per additional bushel of corn yield Fertilizer Yield Income (lb/a)v (bu) ($/a) Return over fertil. cost Operator position for income (I) and cost (C) 100% I 100% C 50% I 100% C 50% I 0% C 50% I 50% C 140 175 700 644 644 294 350 322 160 178 712 648 648 292 356 324 180 179 716 644 644 286 358 322 200 180 720 640 640 280 360 320 AgLease101.org 8 Adjust arrangements as technology changes relative costs • Yield-increasing inputs shared in the same % as the crop • True substitution inputs paid by the party responsible for them in the original lease • Both? Address in lease – Corn seed with bundled traits AgLease101.org 9 Share total returns in the same proportion as parties contribute inputs Figure 2. Effects of Land Quality and Farm Costs on Crop‐share Rental Arrangements Operating cost, $/ac Yield, bu/ac 60 55 50 45 1/2 Landowner 40 35 1/3 Landowner 1/4 Landowner COSTS 30 25 20 15 1/2 Operator 2/3 Operator 3/4 Operator 10 5 0 Most productive land AgLease101.org Land Quality/Value Least productive land 10 Compensate operators for long-term investment remaining • If the operator shares in the cost of an input that has a useful life beyond the life of the lease, the lease should stipulate how the tenant will be compensated for any unused portion. – Lime – Alfalfa seed or establishment costs – Tiling – Underground pipe AgLease101.org 11 Developing an Equitable Crop-Share Lease Arrangement Crop Budget Approach Identify items and values/charges • Land – Value – Interest on land – Cash rent – Real estate taxes – Development AgLease101.org 12 Developing an Equitable Crop-Share Lease Arrangement (continued) • Crop machinery (and irrigation equipment, if applicable) – Depreciation – Repairs – Taxes – Insurance – Interest AgLease101.org 13 Developing an Equitable Crop-Share Lease Arrangement (continued) • Labor – Value is part of bargaining process – Caution: avoid forming a partnership • Management – One alternative is a percent of the average capital managed, e.g. 1 to 2.5% – Professional farm managers may charge 510% of adjusted gross receipts • Custom rates AgLease101.org 14 Cropland Rent-to-Value Ratios by Region Figure 3. Cropland Rent‐to‐Value Ratios by Region, 2001‐2010 (Source: USDA NASS Land Values and Cash Rents) Rent‐to‐Value, percent 8.0 Northeast (CT, DE, ME, MD, MS, NH, NJ, NY, PA, RI, VT) 7.0 Lake (MI, MN, WI) 6.0 Corn Belt (IL, IN, IA, MO, OH) Northern Plains (KS, NE, ND, SD) 5.0 Appalachian (KY, NC, TN, VA, WV) 4.0 Southeast (AL, FL, GA, SC) 3.0 Delta (AR, LA, MS) 2.0 Southern Plains (OK, TX) 1.0 Mountain (MT, ID, WY, NV, UT, CO, NM, AZ) 0.0 Pacific (WA, OR, CA) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 AgLease101.org 15 Contributions Approach • Percentage contribution of each party is determined (Worksheet 1) • Parties share other operating expenses and income (crops, government payments, other income) in the same percentage • Note: use average costs for crop rotations AgLease101.org 16 Desired Share Approach • Parties specify a given percentage share basis, e.g., 60-40 and adjust contributions to fit this percentage • Use Worksheet 1 to discuss alternatives AgLease101.org 17 Put the Agreement in Writing • Encourages a detailed statement of the agreement, with better understanding of expectations by both parties • Serves as a reminder of agreed upon terms • Guide to heirs of either party • Documentation for tax purposes • See NCFMEC-02 for a sample form AgLease101.org 18 Lease Publications at AgLease101.org • Fixed and Flexible Cash Rental Arrangements For Your Farm (NCFMEC-01) • Crop Share Rental Arrangements For Your Farm (NCFMEC-02) • Pasture Rental Arrangements For Your Farm (NCFMEC-03) AgLease101.org 19 Questions? AgLease101.org 20
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