The income cap does not apply if 75 percent of income comes from farming
What the document says“In the case of an excepted payment or benefit, the limitation established by paragraph (1) shall not apply to a person or legal entity during a crop, fiscal, or program year, as appropriate, if greater than or equal to 75 percent of the average gross income of the person or legal entity derives from farming, ranching, or silviculture activities.”
The section provides that for an excepted payment or benefit the limitation in paragraph (1) does not apply to a person or legal entity in a crop, fiscal or program year if at least 75 percent of that person's or entity's average gross income comes from farming, ranching, or silviculture activities.
What the document actually says“In the case of an excepted payment or benefit, the limitation established by paragraph (1) shall not apply to a person or legal entity during a crop, fiscal, or program year, as appropriate, if greater than or equal to 75 percent of the average gross income of the person or legal entity derives from farming, ranching, or silviculture activities.”
The income cap is switched off for the named payments. That holds where 75 percent or more of income comes from farm work.
Average gross income is worked out over several years. The test is run for each year. A person who fails it still faces the cap.
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