(a) An entity constitutes a family farm partnership only for so long as the following requirements are satisfied:
- (1) In the aggregate, the book value of the partnership’s assets that are primarily devoted to the business of agriculture continuously comprise at least 75% of the book value of all of the partnership’s assets.
- (2) At least 75% of the shares of the profits and surplus of the partnership are continuously owned by members of the same family.
- (3) The entity is a general or common law partnership.
- (b) Whether an asset is devoted to the business of agriculture shall be determined using the same rules as apply to the assets of family farm corporations. See § 91.211(b) (relating to family farm corporation).
Authority
The provisions of this § 91.221 issued under section 1107-C of the Tax Reform Code of 1971 (72 P.S. § 8107-C).
Source
The provisions of this § 91.221 adopted December 14, 2007, effective December 15, 2007, 37 Pa.B. 6516.