Flexible-Cash Crop Lease Agreement

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usiness
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Flexible-Cash Crop Lease Agreements
What Is A Flexible-Cash Lease Agreement?
A lease is basically an agreement that gives
Quick Notes...
the use of an asset to a lessee for a specific
period of time at a specified rate. A lease
The tenant produces crops on the land and
does not transfer title of owner- ship nor an
makes general management decisions as if
equity interest in the asset.
the land were owned by the tenant.
Labeling a document as a lease does not
Flexible-cash lease agreements involve the
necessarily mean it is a lease according to the
tenant paying the landowner a predetermined
Internal Revenue Service (IRS). Questions
cash fee adjusted for changes in prices and/or
concerning the IRS treatment of a lease should
yields.
be addressed by your tax management
professional. Also, the legalities of the lease
The landowner has increased opportunities to
should be addressed by professional legal
share in additional income under a flexible-
counsel.
cash lease agreement when compared to a
fixed-cash agreement.
A flexible-cash lease agreement is a rental
arrangement in which the landowner receives
a predetermined cash fee from the tenant
The types of land lease agreements vary
adjusted for changes in prices and/or yields.
widely in each locality and from one farming
The tenant produces crops on the land and
area to another, and are often based on long-
makes general management decisions as if the
standing traditions. Landowners and tenants
land were owned by the tenant.
can choose from three primary types of lease
agreements for crop production: crop share,
Advantages of a flexible-cash lease agreement
fixed-cash, or flexible-cash agreements.
over other types of agreements include:
The purpose of this publication is to help
1.
The landowner has opportunities to
landowners and tenants make informed
share in the additional income
decisions and to develop "fair" flexible-
resulting from unexpected increases in
cash lease agreements concerning crop
crop prices and extra-normal yields.
production. A sample flexible-cash lease
agreement can be found at the end of this
document.
Colorado State University, U.S. Department of Agriculture and Colorado counties cooperating.
Extension programs are available to all without discrimination.
No endorsement of products is intended nor is criticism of products mentioned.

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