Ag Business

September 1 lease termination deadline is approaching for some farm leases

By:Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

September 1 is fast approaching, and it’s an especially important date for landowners who lease cropland under an existing lease that does not address when or how the lease terminates. In those situations, September 1 is the deadline established by Ohio law for a landowner to notify a tenant that the landowner wants to terminate the lease. If the landowner does not provide notice by September 1, the tenant operator has a legal argument that the lease continues for another lease term because it was not terminated by the deadline.

Here are a few important provisions about the statutory termination law that are important to understand: Continue reading September 1 lease termination deadline is approaching for some farm leases →

2024 Farm Commodity Program Payment Estimates, Ohio Counties, August 18, 2025

By: Carl Zulauf, Seungki Lee, and David Marrison, Ohio State University, August 2025

2024 crop year payments for corn and soybeans are estimated for ARC-CO (Agriculture Risk Coverage – County version) using August 2025 estimates of 2024 crop year prices from USDA, FSA (US Department of Agriculture, Farm Service Agency) (https://www.fsa.usda.gov/resources/programs/arc-plc/program-data) and estimates of county yields from USDA, RMA (Risk Management Agency) (https://webapp.rma.usda.gov/apps/RIRS/SCOYieldsRevenuesPaymentIndicators.aspx).  Legislation requires FSA to give primacy to RMA yields when determining ARC-CO payment, but FSA can also consider other factors when determining ARC-CO county yields.

Our next report will be the final FSA payment rates for 2024 crop year corn and soybeans.  They are expected to be released in October 2025.  They could differ notably from these estimates.  Crop year prices and county yields are not final.  Moreover, they currently in a range where small changes can cause large changes in ARC-CO payments.  Use these estimated payments with caution. Continue reading 2024 Farm Commodity Program Payment Estimates, Ohio Counties, August 18, 2025 →

Upcoming Webinar: Understanding the H-2A Program for Ohio Farms

By:Robert Moore

The labor needs of Ohio farms continue to evolve, and many producers are exploring new options to meet workforce demands. One of those options is the H-2A temporary agricultural worker program, which allows farms to hire seasonal labor from outside the United States.

The H-2A program is commonly used by labor-intensive farms such as fruit, vegetable, and nursery operations. However, it can also be an effective option for traditional row crop and livestock operations. This webinar will explain how the H-2A program works and discuss how it may be a good fit for row crop and livestock producers. The webinar will be hosted by OSU Extension Farm Office and the OSU Department of Agricultural, Environmental, and Development Economics.

The online webinar will be held on Friday, September 12 at 10:00 am.  Free registration is available here: https://osu.zoom.us/webinar/register/WN__s5bd8oKQ3K0vLiTYuqSug

What You’ll Learn

This educational session will provide an overview of the current state of agricultural labor and explain the key aspects of the H-2A program, including:

  • What the H-2A program is and how it operates
  • Practical steps for farms interested in applying
  • The application process
  • Why H-2A may be useful for farms that have not traditionally used guest workers

Featured Speakers

The webinar will feature a panel of experts, including:

  • Margaret Jodlowski, Assistant Professor, Agricultural, Environmental, and Development Economics, The Ohio State University
  • Jeff Lewis, Attorney, OSU Agricultural and Resource Law Program
  • Robert Moore, Attorney, OSU Agricultural and Resource Law Program
  • Representative from the U.S. Department of Labor

Together, they will share insights into how H-2A functions and answer questions about its potential role in Ohio’s farm workforce.

For more information or questions, contact Robert Moore (moore.301@osu.edu).

One Big Beautiful Bill Act Tax Provisions Important for Farms and Agriculture

Written by Barry Ward, Leader, Production Business Management and Jeff Lewis J.D., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

The One Big Beautiful Bill (OBBB) Act (H.R. 1), was passed, signed and became law on July 4th. This Act impacts taxes and agricultural policy among a long list of other important issues. In this post, we list important tax provisions that were included in this legislation. Many of the provisions were law as a part of the Tax Cuts and Jobs Act and were extended and in some cases made permanent by this new Act. There were also a few new provisions that were included in this new legislation. This article will summarize the provisions that should prove to be most important to farmers and others with ag interests.

Qualified Business Income Deduction

The 20 percent Qualified Business Income Deduction (QBID) for sole proprietors and pass-through businesses under I.R.C. § 199A is made permanent by this Act. This includes the I.R.C. § 199A(g) deduction for agricultural cooperatives and their patrons.

This new legislation includes a new minimum $400 deduction for taxpayers with at least $1,000 in “active” qualified business income. Both amounts will be adjusted annually for inflation.

Estate and Gift Tax Exemption

This Act permanently increases the estate and gift tax exemption (basic exclusion or Unified Credit), beginning in 2026, to $15 million per person, indexed for inflation.

Individual Income Tax Rates

The OBBB Act permanently extends the tax rates and brackets enacted by the Tax Cuts and Jobs Act. Continue reading One Big Beautiful Bill Act Tax Provisions Important for Farms and Agriculture →

New Publication: Using Long-Term Leases in Farm Transition Planning

Written by Robert Moore

Planning how to pass on the farm to the next generation can be one of the most challenging tasks for a farm family. Parents often want to recognize the hard work and commitment of a farming heir while still treating non-farming heirs fairly. The difficulty is that most of a family’s wealth is usually tied up in farmland and operating assets. If all the farmland is left to the farming heir, non-farming heirs may feel shortchanged. But if farmland is split among heirs, the farming operation can lose access to land needed to sustain the business. Non-farming heirs may wish to inherit land for sentimental or financial reasons, yet their ownership could lead to conflicts over leases, sales, or use of the property that disrupt the farm’s future.

These decisions can become emotional as well as financial. A farming heir often contributes years of labor with the understanding they will one day operate the farm. Non-farming heirs may feel entitled to an equitable share of the family wealth, even if it means dividing farm assets. Options like requiring a buyout by the farming heir can create additional financial stress and may not be realistic given high land prices. Many families struggle to balance fairness to all heirs with the need to preserve the land base for a viable farming operation.

A new bulletin, Using Long-Term Leases in Farm Transition Planning, explores one way to resolve this challenge. A long-term lease allows parents to leave farmland ownership to a non-farming heir while granting the farming heir a secure, extended right to farm that land. This strategy protects the farmland base for the farming heir, provides rental income to the non-farming heir, and helps the farming heir avoid the high cost of purchasing additional farmland. The publication explains how long term leases work, the advantages and disadvantages of this approach, and considerations for setting lease terms that work for both parties. It includes practical examples of how families can use this strategy in their transition plans, as well as the importance of adjusting rent over time and consulting legal counsel before finalizing an agreement.

The bulletin is part of the Planning for the Future of Your Farm series and is now available on the Farm Office website.

Western Ohio Cropland Values and Cash Rents 2024-25 Survey Results

By:Barry Ward, Leader, Production Business Management

The Western Ohio Cropland Values and Cash Rents study was conducted from January through April in 2025. This opinion-based study surveyed professionals with a knowledge of Ohio’s cropland values and rental rates. Professionals surveyed were rural appraisers, agricultural lenders, professional farm managers, ag business professionals, OSU Extension educators, farmers, landowners, and government personnel.

The study results are based on 145 surveys. Respondents were asked to group their estimates based on three land quality classes: average, top, and bottom. Within each land-quality class, respondents were asked to estimate average corn and soybean yields for a five-year period based on typical farming practices. Survey respondents were also asked to estimate current bare cropland values and cash rents negotiated in the current or recent year for each land-quality class. Survey results were summarized for western Ohio with regional summaries (subsets of western Ohio) for northwest Ohio and southwest Ohio.

Results from the Western Ohio Cropland Values and Cash Rents Survey show cropland values in western Ohio are expected to increase in 2025 by 0.6 to 4.1 percent depending on the region and land class. Cash rents are expected to increase from 0.9 to 1.9 percent in 2025 depending on the region and land class. Decreasing profit margins continue to put downward pressure on cropland values and cash rents while still reasonable farm equity positions and increasing property taxes continue to support values and rents. Cropland values and cash rents are expected to increase minimally in 2025 although further decreases in crop prices and projected profit margins may put further downward pressure on both cropland values and rents. Continue reading Western Ohio Cropland Values and Cash Rents 2024-25 Survey Results →

Just-in-Time Agricultural Employer and Employee Surveys

A research team from OSU (Extension, ATI, and AEDE) is conducting a survey on the role just-in-time or “gig” workers could play in the agricultural labor force across Ohio. If you operate a farm in Ohio, please consider filling out this survey.

If you are not a farm operator, but would still like to contribute, there is a separate survey for potential just-in-time agricultural employees, found here.

Regardless of which survey you complete, your responses will contribute valuable insights into this ongoing issue in the state’s farm economy. Both surveys are confidential and should take no more than 10-15 minutes. Thank you!

Cultivating Connections Conference for farm transition planners coming August 4 & 5

By:Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

A critical need for agriculture is having professionals who can help farm families and businesses plan for the future of their farms. That need is the source of a partnership between Ohio State’s Agricultural & Resource Law Program and Iowa State’s Center for Agricultural Law & Taxation. The two programs have once again partnered to offer the Third Annual Cultivating Connections Conference to grow the number and expertise of farm transition planning professionals. Iowa State will host the conference this year on August 4 and 5, 2025 in Ankeny, Iowa. The National Agricultural Law Center is a sponsor of the program.

The conference is a forum for learning and discussing the latest laws, strategies, tools, and insights necessary for effective farm transition planning. It brings together a diverse range of professionals — attorneys, accountants, educators, and financial advisors — who share a common goal: to preserve the legacy and sustainability of family farms for future generations.

At the heart of the conference is a focus on building strong, collaborative relationships among farm transition professionals. Conference sessions aim to impart knowledge, foster dialogue, and build a supportive community. Attendees can connect with peers and share issues, insights, and expertise.

OSU’s Robert Moore will speak for the conference about his work with Long-Term Care Considerations for the Farm Transition.  The agenda is full of additional speakers and sessions:

  • Successfully Counseling the Farm Family on Succession – Robert Hanson, Professor Emeritus, U. of Nebraska
  • Considering Farm Program Payments in the Transition Plan – Phil Newendyke, Pinion Farm Program Services
  • 2025 Tax Update for the Farm Transition – Kristine Tidgren, Iowa State Center for Agricultural Law and Taxation
  • Fresh Legal Tools for the Farm Transition – David Repp, Dickinson, Bradshaw, Fowler & Hagen, P.C.
  • Fair Doesn’t Mean Equal When It Comes to Farm Debt – Joe and Austin Peiffer, Ag & Business Legal Strategies
  • Charitable Options for the Transition – Ame Mapes and Laura Ingram, Belin McCormick, Attorneys at Law
  • Farm and Rural Landowner Case Studies – Travis Schroeder, Simmons Perrine Moyer Bergman, PLC and Mike Downey, UnCommon Farms

The conference will be in person at the FFA Enrichment Center in Ankeny, Iowa, but an online attendance option is also available.  Learn more about the conference and register online at https://www.regcytes.extension.iastate.edu/cultivating/.

Wasted Away in Litigationville

By:Robert Moore, Thursday, July 03rd, 2025

Jimmy Buffett, the legendary singer-songwriter and businessman, passed away in 2023 leaving behind a substantial estate reportedly worth around $275 million. Recently, reports have surfaced that his widow, Jane Buffett, has filed a lawsuit against her co-trustee and Jimmy’s long-time business manager, Richard Mozenter. The dispute offers a high-profile example of several key estate planning issues:

  • How trusts can be structured to provide for a surviving spouse
  • The responsibilities, and potential pitfalls, faced by trustees
  • The everpresent risk of conflict, even in well-planned estates

The Trust

The estate plan developed by Jimmy and his legal team followed a common structure used by millions of married couples. Upon Jimmy’s death, his assets were transferred into a trust. For the remainder of Jane’s life, she will receive all the income generated by the trust. After her death, the remaining assets will be distributed to their children.

This type of trust is often referred to as a marital trust, or more specifically, a Qualified Terminable Interest Property (QTIP) trust. A marital trust offers several benefits but the primary ones are deferring estate taxes, providing income and protecting assets. While most couples use a marital trust to achieve one or two of these goals, Jimmy’s plan appears to have been designed to accomplish all three. Let’s take a closer look at each of these benefits. Continue reading Wasted Away in Litigationville →

Revisiting Minimum Wage Obligations in Ohio Agriculture

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

Federal lawmakers have once again sparked debate over increasing the federal minimum wage, which has remained at $7.25 per hour since 2009. While many farmworkers are exempt from the federal minimum wage under the Fair Labor Standards Act (“FLSA”), a potential increase could still create significant ripple effects throughout the agricultural sector.

Earlier this month, Senators Josh Hawley (R-Mo.) and Peter Welch (D-Vt.) introduced the Higher Wages for American Workers Act, a bipartisan proposal that would raise the federal minimum wage to $15 per hour and index future increases to inflation.

Although agricultural employers in Ohio are generally exempt from federal minimum wage requirements, the reemergence of federal wage legislation presents a timely opportunity to revisit those exemptions and clarify what minimum wage obligations may apply to farm employers under both federal and state law.

Federal Agricultural Exemptions
Under the FLSA, agricultural employers are not required to pay the federal minimum wage to certain employees if one or more of the following conditions apply: Continue reading Revisiting Minimum Wage Obligations in Ohio Agriculture →