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Requirement for Transfer to Eligible Descendant

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Eligible descendant must have had active involvement

The eligible descendant that the farm was transferred to must have had an active involvement in the farm over the last three years.    

The eligibility criteria for transfer to descendant

Once the active involvement was established, it was necessary to satisfy other RAFS eligibility criteria included in the table below.

If the farmer transferred the farm as a gift to...

Then the farmer

an eligible descendant    

VEA ?

Section 49A(1) VEA - Requirement for qualifying farmer

Section 49A(2) VEA - Requirement for former partner

VEA ? (go back)

Met the first criterion that allowed them to participate in RAFS    

More ?

RAFS eligibility criteria

Section 5.5.2

More ? (go back)

multiple eligible descendants    

VEA ?

Section 49A(1) VEA - Requirement for qualifying farmer

Section 49A(2) VEA - Requirement for former partner

VEA ? (go back)

Met the first criterion that allowed them to participate in RAFS    

More ?

RAFS eligibility criteria

Section 5.5.2

More ? (go back)

a Trust, where the trustee was an eligible descendant, or an eligible descendant and his or her partner

Met the first criterion that allowed them to participate in RAFS    

More ?

RAFS eligibility criteria

Section 5.5.2

More ? (go back)

a Trust where the trustee was not an eligible descendant

Was not eligible to participate in RAFS

a company    VEA?

Was not eligible to participate in RAFS


According to subsection 5P(1) of the VEA, an eligible descendant in relation to a person means:

  • a child, step child or adopted child of the person or of a partner of the person, or
  • a descendant in direct line of a child described above, or
  • any other person who, in the opinion of the [glossary:Commission:DEF/Commission/Repatriation Commission], should be treated for the purposes of this definition as a person described in the above paragraph.

 

 

According to subsection 49A(5): of the VEA, a person is deemed to have active involvement in a farm during a particular period if during that period the person:

  • Has contributed a significant part of his or her labour to the development of the farm; or
  • Has undertaken educational studies or training in a field that, in the opinion of the Commission, is relevant to the development or management of the farm enterprise.