Question about dairy quota

Dairy is a complex issue of which I have an appreciation for.... but I am very curious about a matter and I would dearly love an answer to a question.

Who actually owns the dairy quota in Ontario? Does the board own the quota or do farmers own the quota?

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Permalink Reply by Roadrunner on June 20, 2010 at 5:48am

Interesting question.....

Any lawyers who have read the legislation?

What do you think Joann?

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Permalink Reply by Joann on June 20, 2010 at 10:43am

I hear so many different angles... I'm trying to find out how dairy quota is treated.

If you listen to the government, they will tell you that farmers never owned quota... that quota is property of the board.... and the boards are quasi-governmental agencies.

Is that true of dairy?

Do most farmers treat quota as a capital acquisition? And when he sells the quota, does he treat it as a capital disposition? To acquire or dispose of capital a bill of sale is necessary to be legally binding. What does that bill of sale say?

If the boards own the quota why are farmers treating quota as capital if he does "own" the quota?

What is the farmer buying and selling? Is it capital or goodwill?

The tax implications vary greatly between capital disposition or payment for goodwill. Is the government having it both ways? Saying they own the quota and then capturing capital gains?

Who really owns the quota? If the board owns the quota.... are farmers entitled to reclaim any overpayment of taxes?

Roadrunner said:

Interesting question.....
Any lawyers who have read the legislation?
What do you think Joann?

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