ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Ag Banking

Farm Credit Watch: Time to Rethink Taxation of FCS, Ag Co-ops

February 28, 2018
Reading Time: 4 mins read

By Bert Ely

Hopefully an unintended consequence of the major tax legislation enacted in December will be the triggering of a fundamental review of the taxation of the FCS and agricultural co-ops relative to banks and other investor-owned businesses. The intent of this review should be to eliminate differences in the tax treatment of ag-related businesses due solely to their form of ownership. What should trigger this review was the tax legislation’s addition of a new section 199A to the Internal Revenue Code. As a Jan. 9 Wall Street Journal article reported, this new provision “allows farmers to deduct up to 20 percent of their total sales to cooperatives, letting some farmers reduce their taxable income to zero.”

According to the Journal article, this provision could sting large agribusinesses, such as Cargill and Archer Daniels Midland, in addition to smaller private operations as farmers increase their grain sales to ag co-ops to capture the tax savings offered by Section 199A. A subsequent Wall Street Journal article (Feb. 15) reported that while investor-owned grain companies are trying to get Section 199A modified so as to reduce its negative impact on them, they may set up their own co-ops so that they can remain competitive with the traditional ag co-ops in purchasing grains from farmers. Although not mentioned in the article, possibly the ag co-ops set up by the grain companies will be able to begin borrowing from CoBank, the only FCS institution authorized to lend to ag co-ops.

Efforts are underway in Congress to modify Section 199A so as to reduce, if not eliminate, the unintended effects it is having on agriculture. However, the longer this section is in effect, the harder it will be to modify or repeal it because grain companies as well as farmers and those who finance agriculture will have adapted to it and therefore will resist efforts to modify it. The furor that Section 199A has created should trigger a congressional review all aspects of agricultural taxation, including the highly favorable tax treatment the FCS has long enjoyed. While the tax-rate reductions Congress just enacted have helped somewhat to reduce the FCS’s tax advantages on loans secured by real estate, as reported in last month’s FCW, the FCS still enjoys a substantial tax advantage over commercial banks, which is magnified by the FCS’s favorable funding-cost advantage by virtue of being a GSE.

FCA chairman okay with deferring loan principal repayments
In last month’s FCS, I reported that FCS of America (FCSA), which serves all of South Dakota, Iowa, Nebraska, and Wyoming, had sent a letter to some of its member/borrowers offering to “defer the principal portion of all payments due in 2018 on your fixed or variable rate real estate loan(s).” Several bankers and other ag-finance experts echoed the concern I expressed about the wisdom of FCSA’s offer. One banker even suggested that a deferral of a loan’s principal repayments should cause the loan to be classified as non-performing or otherwise impaired.

Much to my surprise, Dallas Tonsager, the chairman and CEO of the Farm Credit Administration (FCA), in a Jan. 30 speech to the Farm Credit Council (the FCS trade association), effectively endorsed what FCSA has offered to its borrowers and encouraged other associations to do the same thing. Specifically, Tonsager stated that at a meeting last year, “I learned that some associations are giving some of their borrowers the option to defer the principal portion of their 2018 payments. This gives these producers the chance to re-amortize the outstanding balance over the remaining life of the loan. It also gives them additional working capital, which in turn gives them the flexibility and time to make needed adjustments to their operations.”

It appears that Tonsager is suggesting that FCS associations engage in loan restructuring without calling it that, which would have the effect of underreporting loan-quality issues within the FCS. Given that the USDA has forecast another decline in farm income in 2018, to a level less than half the record income farmers earned in 2013, “there’s a lot of stress and a lot of duress on the farms today,” as Agriculture Secretary Sonny Purdue stated during a recent hearing of the House Agriculture Committee. Has the FCS begun to mask the effect of that stress and distress on its borrowers by encouraging farmers to defer repayment of loan principal? In recent testimony to the House and Senate Agriculture Appropriations Subcommittees, Tonsager noted that four FCS associations “were under supervisory actions,” which suggests that borrower distress is beginning to surface in FCS associations. Encouraging the deferral of principal repayments could unwisely delay the FCA’s recognition and acknowledgement of additional credit-quality problems within the FCS.

FCA chairman again suggests changes in FCS structure
In his Farm Credit Council speech, Tonsager touched on an issue — the structure of the FCS — he previously has addressed, as I have reported in prior FCWs, most recently in the February and May 2017 issues. He asserted that while the FCS “has been in a constant state of renewal since its inception in 1916, as it continues to evolve, we must evaluate how any proposed change could impact the integrity and cooperative structure of the [FCS].” In particular, he stated that “we must consider how the change might affect the relationship between the funding bank and its associations.” What Tonsager is implying, but seems unwilling to state explicitly, is that the FCS’s two-tier structure — four regional banks funding 68 associations of widely varied size — is obsolete. Do the larger associations, for example, need to fund themselves through one of the four banks when they could just as easily deal directly with the Federal Farm Credit Banks Funding Corporation, the FCS’s link to the capital markets? Further consolidation within the FCS, particularly at the bank level, will heighten this issue because the strength of the joint-and-several liability of the FCS banks for debt issued by the Funding Corporation will be questioned if the number of banks — not so long ago there were twelve — shrinks to three or even two.

While Tonsager has repeatedly questioned the FCS’s structure, but noticeably without offering any restructuring proposals, it is most troubling that he views this issue as something to be addressed only within the FCS, as he suggested when he told Council members that “your members and stakeholders must have confidence that structural changes are in the best long-term interests of the [FCS] and those it serves.” By implication, Tonsager said that all others with interests in rural America, including commercial bankers, as well as the taxpayers backing the FCS, should be excluded from any discussions about restructuring the FCS. That should not be the case. Instead, every party with an interest in the health of agriculture and rural America should be involved in a very public discussion of the structure of the FCS, possibly in conjunction with a discussion of its tax status, as suggested above.

Tags: Farm bankingFarm Credit SystemTax reform
ShareTweetPin

Author

Bert Ely

Bert Ely

Bert Ely is a consultant specializing in banking issues. He writes ABA's Farm Credit Watch.

Related Posts

Flowers Title Companies sues FinCEN over reporting rule

ABA, state groups seek comment deadline extension on Treasury’s GENIUS Act proposed rule on state regulatory regimes

Newsbytes
May 6, 2026

The associations also requested that Treasury clarify it will not penalize state regulators for filing an initial certification later than the one-year anniversary of the GENIUS Act’s effective date; or alternatively permitting them to file a status report...

Survey: CFOs highlight cost-cutting, growth as 12-month priorities

Survey: CFOs highlight cost-cutting, growth as 12-month priorities

Newsbytes
May 6, 2026

Thirty-nine percent ranked cost cutting as their top priority (up from 33% in mid-2024). Revenue growth rose from seventh to second (31%). In addition, 30% said contributing to business-wide digital transformation is a top priority.

ABA’s Nichols named one of Washingtonian magazine’s most influential people

ABA’s Nichols named one of Washingtonian magazine’s most influential people

Newsbytes
May 6, 2026

The magazine says its annual ranking includes the “experts and advocates, outside the government, who are playing big roles” in Washington, D.C., policy. It highlighted Nichols' skilled advocacy to ensure banks are able to continue providing affordable mortgages...

Mutuals Ion Bank, NVE Bank plan merger

M&A: Recent bank deals in New England, the Midwest and Northwest

Newsbytes
May 6, 2026

Banner Corp in Washington to buy Pacific Financial; Cambridge Financial Group in Massachusetts will purchase First Seacoast Bancorp New Hampshire; and Hawthorn Bancshares in Jefferson City, Missouri, has agreed to buy FSC Bancshares in Cameron.

Fifth Circuit rules SEC must fix stock buyback rule

SEC proposes changes to reporting frequency by public companies

Newsbytes
May 6, 2026

Under the proposal, public companies would have the option of filing semiannual reports instead of quarterly reports to meet interim reporting obligations under federal securities laws.

Winners of the 2026 ABA Distinguished Service Award for Risk and Compliance on stage holding awards along with ABA staff and past award recipients.

ABA recognizes New York, Pennsylvania bankers for distinguished risk and compliance service

Compliance and Risk
May 5, 2026

Ann Marie Tarantino of Esquire Bank in New York received ABA's 2026 Distinguished Service Award for Risk, and Elizabeth Reister with Fulton Bank in Pennsylvania, received the association's Distinguished Service Award for Compliance.

NEWSBYTES

ABA, state groups seek comment deadline extension on Treasury’s GENIUS Act proposed rule on state regulatory regimes

May 6, 2026

Survey: CFOs highlight cost-cutting, growth as 12-month priorities

May 6, 2026

ABA’s Nichols named one of Washingtonian magazine’s most influential people

May 6, 2026

SPONSORED CONTENT

Credit Memos at the Convergence Point

Credit Memos at the Convergence Point

May 1, 2026
Digital Account Opening: Think Outside the Box for Maximum Business Impact

Digital Account Opening: Think Outside the Box for Maximum Business Impact

April 29, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Why Your Systems Keep Slowing Down — and What to Do About It

April 21, 2026
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

How leading banks are enhancing customer engagement through financial data insights

April 10, 2026

PODCASTS

Podcast: How an Ohio banker talks with policymakers about stablecoin issues

May 6, 2026

Podcast: Tech transformation and AI to power bank growth

April 29, 2026

Podcast: ABA’s ecosystem strategy to tackle fraud

April 22, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.