Welcome
Dec 19, 2015
7.00 p.m. Lloyds TSB Agriculture – David Fowler
Banking after the Big Bang
7.20 p.m. Simpkins Edwards – Mary Jane Campbell
Agricultural & Business Property Reliefs – are you up to date?
7.40 p.m. Kivells – Mark Bunt
How to stay farming by use of appropriate agreement
8.00 p.m. Simpkins Edwards – Mary Jane Campbell
Furnished Holiday Lets
8.15 p.m. Questions
8.30 p.m. Light Refreshments
Lloyds TSB Agriculture
Banking after the Big Bang
A banker’s perspective
David FowlerRegional Agricultural ManagerDevon
LIBOR v BASE RATE 2008
LIBOR V BASE RATE
1.92.12.32.52.72.93.13.33.53.73.94.14.34.54.74.95.15.35.55.75.96.16.36.56.7
02/0
1/20
08
16/0
1/20
08
30/0
1/20
08
13/0
2/20
08
27/0
2/20
08
12/0
3/20
08
26/0
3/20
08
09/0
4/20
08
23/0
4/20
08
07/0
5/20
08
21/0
5/20
08
04/0
6/20
08
18/0
6/20
08
02/0
7/20
08
16/0
7/20
08
30/0
7/20
08
13/0
8/20
08
27/0
8/20
08
10/0
9/20
08
24/0
9/20
08
08/1
0/20
08
22/1
0/20
08
05/1
1/20
08
19/1
1/20
08
03/1
2/20
08
17/1
2/20
08
31/1
2/20
08
DATE
%
Base rate
1 month LIBOR
3 month LIBOR
6 month LIBOR
12 month LIBOR
0.77%
LIBOR v BASE RATE 2009
LIBOR V BASE RATE
0.30
0.50
0.70
0.90
1.10
1.30
1.50
1.70
1.90
2.10
2.30
2.50
2.70
2.90
3.10
31/1
2/20
08
14/0
1/20
09
28/0
1/20
09
11/0
2/20
09
25/0
2/20
09
11/0
3/20
09
25/0
3/20
09
08/0
4/20
09
22/0
4/20
09
06/0
5/20
09
20/0
5/20
09
03/0
6/20
09
17/0
6/20
09
01/0
7/20
09
15/0
7/20
09
29/0
7/20
09
12/0
8/20
09
26/0
8/20
09
09/0
9/20
09
23/0
9/20
09
07/1
0/20
09
21/1
0/20
09
04/1
1/20
09
18/1
1/20
09
02/1
2/20
09
16/1
2/20
09
30/1
2/20
09
DATE
%
Base Rate
1 month LIBOR
3 month LIBOR
6 month LIBOR
12 monthLIBOR
Banking after the Big Bang
• Has our lending policy changed? – No
• Are we lending new funds? – Yes
• Have we met are commitment to lend an extra 15% - Yes
• Has the cost of borrowing increased? – Yes
• Are all banks the same? – NO!
Banking after the Big Bang
Securing finance – be well prepared
– Carefully prepared business plan
– Accurate budgets & cash flows – sensitivity /stress test
– Up to date Audited accounts
– Security
FACT
100% / 50% Agricultural Property Relief (APR) available on the agricultural value
of agricultural property
Areas of difficulty: Assessment of agricultural value Existence of land & buildings no longer used for farming Farmhouse
FACT
100% / 50% Business Property Relief (BPR) available on assets used in
business.
Aim in tax planning for farmers is for BPR to cover assets not already covered by APR.
FACT
Availability of BPR subject to strict criteria including Ownership periods Ownership arrangements for assets
FACT
Easy to slip up for entirely sensible commercial and personal reasons.
Take advice,
and then take it again
when there is a change of plan
- it will be cheaper in the long run.
BPR Recent Cases
Nelson Dance
Farmland with potential for residential development Transferred it to a family trust Subsequently ceased farming Settlor died shortly afterwards
HMRC chased the trust for IHT
High court decided in favour of the trust.
BPR Recent Cases
McCall
Owned land with development potential
Let land on annual grazing agreements Deceased arranged maintenance of
hedges/ditches etc Grazier fertilised ground
BPR Recent Cases
McCall
Judge decided the activity being undertaken was that of holding investment property.
Deceased did nothing to maximise the value of the grazing.
No BPR was available
Farmhouses
Is it a farmhouse?
Tests• Centre of operations • Sufficient business activity and
involvement• Character appropriate
Valuation issues
Inheritance Tax
Succession/retirement plans
Wills
Partnership agreements
Tax planning
To ensure wealth protection and security of income for all involved
Rural Professional Department
www.kivells.com www.kivells.com
Rural Professional Department
www.kivells.com
Mark Bunt BSc MRICS FAAV
07879 640970 [email protected]
Kivells Rural Professional Department
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
““How to stay farming by use of appropriate agreements”
Holsworthy Golf Club
Wednesday 11th November 2009
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Why are we discussing this?
• Huge public debt
• Bankrupt Britain
• Government in need of tax revenue
• Pressure on HM Revenue and Customs to raise tax revenue through Inheritance Tax
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Inheritance Tax
• Value of estate immediately before death
• 40%
• £325,000
• Agricultural Property Relief (APR)
• Business Property Relief (BPR)
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Agricultural Property Relief (APR)
• 100% or 50% relief
•Based on agricultural value of agricultural property
•Land, woodlands, buildings, wildlife habitat schemes, farmhouses, cottages
• “Agricultural Value” assumes perpetual covenant prohibiting any other use
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Business Property Relief (BPR)
• 100% or 50%
• Applies to animals, stock, plant and machinery and shares in the business
• Used to relive excess of “Market Value” over “Agricultural Value”
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
What are the pitfalls?
• If you stop “farming”
• Assets will fall into taxable estate
• = 40% tax liability
• Farm dwellings but also land
• APR and BPR will not apply!
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Case Law
• Antrobus 1 - 2002
• Higginson - 2002
• Rosser 1 - 2003
• Antrobus 2 – 2005
• McKenna – 2006
• McClean - 2008
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
How do I avoid this?
• Keep HM Revenue and Customs onside
• Take advice from accountant
• Goal Posts continually moving
• Use appropriate agreements
• Take advice from your land agent
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Grazing Arrangements
• FBT or Grazing Licence likely to be OK if land only
• 100% APR would apply
• But if farmhouse or farm cottages to consider
• Be very careful
•Active Management of land from the house required
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
What is active management?
• Day to day decision making
• Single Farm Payment/ Environmental Stewardship
• Practical Farming Activities
•Evidence
•Grazing Licence prepared by Land Agent
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Contract Farming
• Usually arable land only
• Farmer (owner of land)
• Contractor – usually provides machinery, labour
• No security of tenure
• Simply a business relationship
• Buisness control remains with the farmer
• Again – active management form farmhouse
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
What is active management?
• Day to day decision making
• Single Farm Payment/ Environmental Stewardship
• Practical Farming Activities
•Evidence
• Agreement prepared by Land Agent
Rural Professional Department
www.kivells.com
Rural Professional Department
www.kivells.com
Conclusions
• Correctly drafted agreements – not “sham” agreements
•Goal Posts continue to move
• Be aware / Take advice
• Avoid a tax liability
Furnished Holiday Lettings
Budget Red Book
“Budget 2009 announces the repeal of the furnished holiday letting (FHL) rules from
April 2010. Until the repeal takes effect the FHL rules will be extended to those qualifying furnished holiday lettings
elsewhere in the EEA.”
FHL rules apply if:
Let on a commercial basisAvailable for letting for 20 weeksLet for 10 weeksRestriction to prevent continuous
occupation for more than 5 months
Furnished Holiday Lettings
Tax results of applying FHL rules
Activity is defined as a trade Capital allowances are available Trading loss relief apply Rollover, holdover & entrepreneurs’ relief
all available for Capital Gains Tax.
Furnished Holiday Lettings
After 2010
Income Tax The old question “is FHL a trade?” Central issue “are the taxpayer’s activities
sufficient enough to make her a trader and not a mere landowner who derived an income by exploiting her property” from 1982 case
Class 2 and Class 4 National Insurance Registration as self employed
After 2010
Capital Gains Tax reliefs if trading status
Inheritance Tax, Business Property Relief
- Reliant on definition of whether or not the activity amounts to a business
- HMRC will be looking at level and type of services provided
Action Points
Make use of CGT reliefs before
5th April 2010
- sell to a 3rd party
- sell at undervalue/gift
- sell and roll over proceeds