IHTM24304 - Environmental Management Agreements: Occupation and ownership

The provisions of IHTA84/S117 must be satisfied for land and property subject to a qualifying Environmental Management (EM) agreement as is the case with other agricultural land.

As it states at IHTM24070 property must have been either

  • occupied by the deceased/transferor for the purposes of agriculture throughout the two years preceding the transfer, IHTA84/S117(a),
  • or owned by the deceased/transferor throughout the seven years immediately preceding the transfer and the property must have been occupied throughout the period for the purposes of agriculture, IHTA84/S117(b).Ìý The identity of the occupier does not matter, but the continuity of such occupation is vital.

When considering what are the 바카라 사이트˜purposes of agriculture바카라 사이트™ in relation to land subject to a qualifying EM agreement, IHTA84/S124C (1)(b) states that property will be regarded as being occupied for the purposes of agriculture if it was used and managed in accordance with the agreement (whether or not that agreement is still in place).

If the property had been occupied for the purposes of agriculture and only recently entered into a qualifying EM agreement, IHTA84/S117 will be satisfied if the combined occupation exceeded the periods in either sub-sections (a) or (b).Ìý For example, if Robert had owned and occupied pastureland for the purposes of rearing beef cattle for many years and then a year before his death had ceased farming and entered the land into an EM agreement, the provisions of IHTA84/S117 will be satisfied.