The recent interest in U.S. farmland purchases by non-resident foreign investors evidences the attractiveness of U.S. farmland to foreign investors. One source of attraction reserved exclusively for foreign investors lies in tax provisions found in the United States Tax Code and in tax treaties between the United States and other countries. This paper explores how farmland opportunities which favor the non-resident foreign investor over the United States investor can arise for the non-resident alien individual and corporate investor in United States real estates, quantifies some of the incentives for foreign farmland purchases and discusses potential consequences for land tenure and land use.