Missouri · RSMo 442.560–442.592Missouri foreign ownership of agricultural land: the W-9 rule and the 1% cap

Missouri's foreign ownership law applies to agricultural land, defined as any tract of more than five acres – inside or outside city limits – capable of supporting an agricultural enterprise without substantial modification; adjacent parcels under the same ownership count as one tract (RSMo 442.566). An 'alien' is a person who is neither a U.S. citizen nor a resident of the United States, and a 'foreign business' is one in which aliens own a controlling interest, looking through corporate forms and trusts. Under 442.571, no alien or foreign business may acquire agricultural land in Missouri if total alien and foreign ownership of farmland in the state exceeds one percent of all agricultural acreage, and no one may hold farmland as an agent, trustee or other fiduciary for an alien or foreign business in violation of the law – though a lender's security interest isn't invalidated by a violation. The practical closing step: a sale or transfer of agricultural land must be submitted to the Director of the Department of Agriculture for review only if there is no completed IRS Form W-9 signed by the purchaser. A violation can lead to an attorney general action, a court order recorded in the county, and divestiture within two years, failing which the land is sold at public sale (442.576). The restrictions don't apply to farmland owned by present owners and their direct descendants, or to an alien who is a bona fide U.S. resident – who may hold farmland on the same terms as citizens while that residence continues, with two years to divest after it ends (442.586) – or to land acquired for immediate or potential nonfarm use (442.591). Separately, foreign persons holding interests in agricultural land must file reports with the director (442.592).