Why create an agricultural fund ?

Updated on Thursday 29 June 2023

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  • What is an agricultural fund?

    • The agricultural fund is an option: the Agricultural Orientation Law of 5 January 2006 provides the possibility for the operator to create an agricultural land used in the practice of farming..

    • Agricultural companies make it possible to value a farm, to clarify the relations between private and professional assets and facilitate the transfer of farms.

    • An agricultural fund can be pledged, particularly to guarantee repayments on a loan.

  • Formalities

    • Notice that you have created an agricultural fund must be given to the business formalities centre at your local Chamber of Agriculture.

  • Composition of the agricultural fund

    • Livestock and animal carcases, stock, brand/trade mark, customer base, patents and other associated rights of ownership and, if they are transferrable, contracts and intangible rights necessary to run the business (consequently, DPUs (droits de préemption urbains - urban pre-emption rights) and the transferrable lease rights (droit au bail cessible) are considered part of the business assets).

  • Tax rules

    • Creation : not applicable

    • Sale: set dues of €125,

    • Transfer free of charge (inheritance or gift, inter vivos distribution): same tax rules apply as for one-person businesses.