To ensure you get your full entitlement it is vitally important to stay up to date with the latest EC rulings and legislation.
Our expert commercial team can offer you a free initial no obligation discussion, so that you are aware of the key changes and the applications processes. We have seen that better outcomes are achieved when one of our experienced solicitors are brought in at an early stage, before costly mistakes are made, so get in contact today for a no obligation discussion.
Below you will find some background information on the legalities surrounding this area of the law, to help you get an idea of your options.
- Since 1 January 2005 payments from the EC to farmers are now linked to the occupation of land. Farmers are awarded a single right to a payment per hectare each known as an entitlement in return for managing the land, not for producing agricultural crops.
- A farmer has to be carrying on an agricultural activity and can be an individual or a company or a partnership. Similarly farmers operating under such farming agreements who carry out the agricultural activities are likely to be those entitled rather than the farmer who provides the land.
- Entitlements are freely transferable and must be notified to the Rural Payments Agency. Both the seller and buyer have to be a farmer under the definition. Entitlements can be transferred without land subject to certain conditions and VAT is chargeable in that instance. Stamp Duty Land Tax is not payable as an entitlement is not an interest in land.
See also our Agricultural factsheet (PDF).