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Inheriting Active Farmer Status from Parent

  • 20-10-2014 11:26pm
    #1
    Ten Pin
    Registered Users, Registered Users 2 Posts: 2,868 ✭✭✭


    Does Dept of Ag allow active farmer status transfer to a son / daughter if the inheritor gives same undertakings that are normally given when applying for SFP and other schemes (AEOS etc). There is a paragraph in the AEOS t&c’s that says:

    “Death of participant
    Alternatively, a survivor who is entitled to give the necessary undertakings
    may apply to take over the contract for the period remaining.”

    Is this a standard for the dept? Has anyone been in this situation? I know there are other legal / tax issues but I’m wondering what’s the view from dept perspective.

    Thanks

    PS: Last weeks budget has prompted this question: “Changes are being introduced to target CAT agricultural relief to active farmers. From 1 January 2015, and subject to other conditions, the relief will be available only in respect of agricultural property gifted to or inherited by active farmers and to people who are not active farmers but who lease out the property on a long-term basis for agricultural use to such farmers.”


Comments

  • #2
    kowtow
    Registered Users, Registered Users 2 Posts: 6,135 ✭✭✭kowtow


    Ten Pin wrote: »
    Does Dept of Ag allow active farmer status transfer to a son / daughter if the inheritor gives same undertakings that are normally given when applying for SFP and other schemes (AEOS etc). There is a paragraph in the AEOS t&c’s that says:

    “Death of participant
    Alternatively, a survivor who is entitled to give the necessary undertakings
    may apply to take over the contract for the period remaining.”

    Is this a standard for the dept? Has anyone been in this situation? I know there are other legal / tax issues but I’m wondering what’s the view from dept perspective.

    Thanks

    PS: Last weeks budget has prompted this question: “Changes are being introduced to target CAT agricultural relief to active farmers. From 1 January 2015, and subject to other conditions, the relief will be available only in respect of agricultural property gifted to or inherited by active farmers and to people who are not active farmers but who lease out the property on a long-term basis for agricultural use to such farmers.”

    As far as I know the test for active farmer status being used in respect of CAT is either of (1) being agriculturally qualified or (2) being a "full time" farmer for six years after inheriting - or transfer. Commentary has suggested that full time means 50% of working hours spent on the farm.

    It was a bit of a come down, having retired in my early forties, to discover that in the opinion of the Irish Government I am "old and stupid", but on reflection they are probably right. Certainly the Cows share their opinion and find a way to remind me of it daily.


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