Payment Limit Rules under the 2008 Farm Bill - Planning Implications for Producers

The Food, Conservation and Energy Act of 2008 (Act), generally effective for the 2009-2012 crop years retains many of the features of the 2002 Farm Bill, but did make several significant changes to the payment eligibility and payment limitation provisions of previous farm bills.  The Act adds the Average Crop Revenue Election (“ACRE”) program and replaces the former “three-entity” rule with a rule of direct attribution. Also, the Act utilizes a revised adjusted gross income (AGI) definition that is applicable to both individuals and entities. The changes to the payment eligibility and payment limitation rules have important planning implications for individual producers and farming entities.

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