Key legal question
Whether tax deferral for replacement acquisition applies when the replacement farmland is leased to a third party rather than self-cultivated.
Extracted holding
No. The deferral requires self-use of the replacement property; mere ownership or leasing is insufficient, and the tax is due if the replacement land is not actually farmed by the taxpayer.
Extracted reasoning
The court read StG § 38(4) and § 50(2) purposively and held that the deferral presupposes and continues to require self-cultivation of the replacement asset. Leasing the land out, or holding it in reserve, does not satisfy the statutory notion of agricultural use. Official participation alone cannot create a deferral.