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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="Goweresque" data-source="post: 9277668" data-attributes="member: 818"><p>No, A will not get any delinked payments unless he made a claim for BPS in 2023, somewhere. He will however have 2/3rds reference data he can transfer to another SBI if he chooses (for money one assumes). Farmer B (the new landlord) will have no reference data having not claimed in 20, 21 or 22. Nor can he buy any in, as he did not claim in 23 either. </p><p></p><p>Farmer C will get a one third reference data amount, based on his 22 claim, and because he claimed in 23 will get that money for the next 4 years even if he stops farming the land before the payments end in 2027. He is best placed to buy in Farmer A's reference data. But could buy it from anywhere really, there's no need to buy it from A, if A is demanding too much for it for example. A and C both have a vested interest in coming to a deal for A's reference data - A because he'll get nothing if he doesn't sell it, C because buying it is 'free' money (for an investment). </p><p></p><p>Do bear in mind there is a £30k limit to how much reference data any SBI can import, above that you'll have to prove to the RPA that land has changed hands, a sale or FBT for example. </p><p></p><p></p><p></p><p>You don't claim reference data, it gets given to you automatically. I have just such an inactive SBI - it made its last BPS claim in 2020, and nothing since, yet I have a letter from the RPA detailing what its reference data amount is - basically one third of the annual claim, as it claimed in one of the three reference years. It will not get the delinked payments, having not claimed in 2023, but can transfer the reference data out to someone else who did claim in 23, which is what I will do. </p><p></p><p></p><p></p><p>As above, no one claims anything, the delinked payments system is purely automatic. The only thing SBI holders may do is transfer reference data between themselves. If they don't and do not qualify for delinked payments that money is lost back into Defra's coffers.</p></blockquote><p></p>
[QUOTE="Goweresque, post: 9277668, member: 818"] No, A will not get any delinked payments unless he made a claim for BPS in 2023, somewhere. He will however have 2/3rds reference data he can transfer to another SBI if he chooses (for money one assumes). Farmer B (the new landlord) will have no reference data having not claimed in 20, 21 or 22. Nor can he buy any in, as he did not claim in 23 either. Farmer C will get a one third reference data amount, based on his 22 claim, and because he claimed in 23 will get that money for the next 4 years even if he stops farming the land before the payments end in 2027. He is best placed to buy in Farmer A's reference data. But could buy it from anywhere really, there's no need to buy it from A, if A is demanding too much for it for example. A and C both have a vested interest in coming to a deal for A's reference data - A because he'll get nothing if he doesn't sell it, C because buying it is 'free' money (for an investment). Do bear in mind there is a £30k limit to how much reference data any SBI can import, above that you'll have to prove to the RPA that land has changed hands, a sale or FBT for example. You don't claim reference data, it gets given to you automatically. I have just such an inactive SBI - it made its last BPS claim in 2020, and nothing since, yet I have a letter from the RPA detailing what its reference data amount is - basically one third of the annual claim, as it claimed in one of the three reference years. It will not get the delinked payments, having not claimed in 2023, but can transfer the reference data out to someone else who did claim in 23, which is what I will do. As above, no one claims anything, the delinked payments system is purely automatic. The only thing SBI holders may do is transfer reference data between themselves. If they don't and do not qualify for delinked payments that money is lost back into Defra's coffers. [/QUOTE]
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Selling/Transferring Delinked payments reference years data
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