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Requirement for Transfer to Eligible Descendant
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.
More ?
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 ? |
Met the first criterion that allowed them to participate in RAFS More ? |
multiple eligible descendants VEA ? |
Met the first criterion that allowed them to participate in RAFS More ? |
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 ? |
a Trust where the trustee was not an eligible descendant |
Was not eligible to participate in RAFS |
Was not eligible to participate in RAFS |
Active involvement
Section 49A(1) VEA - Requirement for qualifying farmer
Section 49A(2) VEA - Requirement for former partner
RAFS eligibility criteria
Section 49A(1) VEA - Requirement for qualifying farmer
Section 49A(2) VEA - Requirement for former partner
RAFS eligibility criteria
RAFS eligibility criteria
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.