Farm diversification throws up many legal and financial issues for farmers and landowners. Although we are not experts in these issues we work alongside a number of financial and legal advisors who can assist our clients with their farm diversification plans. Here is an example of just four possible issues farmers might face when considering farm diversification.
Farmers Guide caught up with Sean McCann, chartered financial planner at NFU Mutual, to hear expert financial advice for farmers looking to diversify. Chartered financial planner at NFU Mutual, Sean McCann, said: “Not only can diversification open up new sources of revenue, it can also offer business opportunities to younger members of the family. However, before making any changes, it’s important to consider the tax implications to ensure your family don’t end up with a large and unexpected tax bill in the future.”
1. Inheritance Tax – Agricultural Property Relief
Sean said: “The government collected £5.3 billion in inheritance tax in 2020/21, a figure that has nearly doubled in the past 10 years. Many family farms benefit from Agricultural Property Relief (APR), which can reduce or
eliminate inheritance tax on farmland and buildings. A key requirement in securing APR is that the land or buildings must be occupied for agriculture, so converting farm buildings and letting them out for non-agricultural use will normally mean that APR is lost and could lead to a larger inheritance tax bill.”
2. Inheritance Tax – Business Property Relief
“Some diversified businesses may qualify for Business Property Relief (BPR), which can also reduce an inheritance tax bill. In order to get BPR, the land or buildings must normally be used for ‘trading’ rather than ‘investment’ purposes. Farm diversifications that involve collecting rent with minimal management or provision of services are likely to be treated as investments and so less likely to qualify for BPR. Common diversifications on farms that are likely to be deemed ‘investment’ activities include letting buildings for storage, workshops or offices and holiday lets. If your diversified business is likely to include trading and investment activities it’s important to take advice. Getting the structure of the diversified business right can help preserve valuable inheritance tax reliefs.”
3. Capital Gains Tax
“Some farmers diversify to provide the younger generation with business opportunities. If they gift land or buildings this could trigger a Capital Gains Tax bill. Capital Gains Tax is payable on the difference between the market value when you gift and the value when you acquired it – or 31st March 1982 if acquired before that date. A top rate of 20 per cent is payable on land and buildings. It may be possible to defer any Capital Gains Tax on the gift by claiming ‘Holdover relief’.”
4. Succession planning
“Farm diversification can offer options when it comes to planning how best to hand the family farm on to the next generation, particularly if there are children who don’t wish to farm but are interested in the new business. Having a succession plan in place not only allows for a smoother transition, it can play a big part in securing the future of the family business. However, the latest research commissioned by NFU Mutual suggests just 28.3 per cent of farmers have a formal succession plan in place. There is no ‘right’ answer when it comes to succession – each family’s situation will be different. The key things are to plan early, as the earlier you plan the more options you have, involve the family, and take financial advice to ensure that you and your family don’t pay more tax than you need to.”
We would also recommend seeking support from marketing advisors, you can Check out our farm marketing strategy guide here, or you can book a consultation with us here. You may also benefit from attending the Farm Business Innovation show, you can get free tickets here.
Article taken from Farmers Guide
