Notwithstanding the provisions of §§ 1400.201 through 1400.206 of this part, with respect to a person who is a sharecropper, such person will be considered to be actively engaged in farming if the sharecropper meets the provisions of paragraph (b) of this section.
A sharecropper who elects to be considered actively engaged in farming under this section must:
Make a significant contribution of active personal labor to the farming operation;
Have a share of the profits or losses from the farming operation commensurate with such person's contribution to the operation; and
Make a contribution to the farming operation that is at risk for a loss, with the level of risk being commensurate with such person's claimed share of the farming operation.
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