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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Selling/Transferring Delinked payments reference years data
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<blockquote data-quote="JohnDeere8530" data-source="post: 9276800" data-attributes="member: 170"><p>Something that I do not fully comprehend...</p><p></p><p>Say Farmer A, after claiming BPS on his farm in the 2020 & 2021 reference years sells his farm late in 2021 to Farmer B</p><p></p><p>Farmer B then rents this land on a FBT to Farmer C in late 2021 to a tenant, who then claims BPS on that land in years 2022 & 2023 (as he is farming it and the entitlements were transferred direct from Farmer A, the original owner, straight on to him)</p><p></p><p></p><p>In the above scenario, can Farmer A, the old landowner, (or even maybe Farmer B, the new landowner) claim the first two years' reference data (2020/1) for delinked payments purposes - even though neither of them farmed that land in the eligibility year of 2023 (or in the final reference year 2022)?</p><p></p><p>It is not clear from the RPA guidance - as it only states to be eligible for delinked payments you have to have claimed BPS in 2023. It doesn't make clear if the claim has to be on the land in question, or land anywhere</p><p></p><p>Incidentally, Farmer A, the original owner. never closed down his account with the RPA, it was left active, but nothing was claimed since end of 2021 onwards - so, I assume he would not be eligible to lay claim 2020/1 reference year data(due to missing the 2023 claim) ?</p><p></p><p>To conclude, I am not sure if Farmer C is the only one that has a legal, or even moral right to the 2020/1years reference data - or can any of the three farmers in this scenario claim?</p><p></p><p>I want to do the right thing, without giving too much away!</p><p></p><p>Thoughts please ....?</p></blockquote><p></p>
[QUOTE="JohnDeere8530, post: 9276800, member: 170"] Something that I do not fully comprehend... Say Farmer A, after claiming BPS on his farm in the 2020 & 2021 reference years sells his farm late in 2021 to Farmer B Farmer B then rents this land on a FBT to Farmer C in late 2021 to a tenant, who then claims BPS on that land in years 2022 & 2023 (as he is farming it and the entitlements were transferred direct from Farmer A, the original owner, straight on to him) In the above scenario, can Farmer A, the old landowner, (or even maybe Farmer B, the new landowner) claim the first two years' reference data (2020/1) for delinked payments purposes - even though neither of them farmed that land in the eligibility year of 2023 (or in the final reference year 2022)? It is not clear from the RPA guidance - as it only states to be eligible for delinked payments you have to have claimed BPS in 2023. It doesn't make clear if the claim has to be on the land in question, or land anywhere Incidentally, Farmer A, the original owner. never closed down his account with the RPA, it was left active, but nothing was claimed since end of 2021 onwards - so, I assume he would not be eligible to lay claim 2020/1 reference year data(due to missing the 2023 claim) ? To conclude, I am not sure if Farmer C is the only one that has a legal, or even moral right to the 2020/1years reference data - or can any of the three farmers in this scenario claim? I want to do the right thing, without giving too much away! Thoughts please ....? [/QUOTE]
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Selling/Transferring Delinked payments reference years data
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