Apply Now For Tesco Future Farmer Foundation

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The Tesco Future Farmer Foundation is looking for young people in UK & Irish farming who are keen to develop a successful future in agriculture.

Running from 19 June until 29 September 2017, the programme is available for those aged between 20 and 35 from all farming sectors, and aims to help in four particular areas:

  • Business Skills Workshops with leading experts to help get to the grips with the financial, business and life skills needed to succeed.
  • Supply Chain Events including visits to leading food, farming and retail businesses to help build knowledge of supply chains across a host of different sectors.
  • Business Mentors with the skills and experience to help guide you towards your goals.
  • Training Bursary with funding available for further technical or business training.

The aim of the programme is to inspire and develop the next generation of growers and producers and more information, as well as the application form, can be found HERE.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

Farmers and Banks – a Relationship on the Rocks?

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A recent survey undertaken by YouGov reveals that farming businesses feel that they are not getting sufficient support from their banks.

Over 1,000 small and medium farming businesses took part in the survey, with over 30% stating they would like to see more commitment to the agricultural industry from banks.  One of the biggest concerns was a lack of specialist knowledge to fully comprehend the support the sector requires.  Many also called for greater transparency regarding fees and charges.

As Brexit negotiations continue, there is still considerable apprehension in the farming community about the future of aid and its effect on the industry.  This, coupled with the feeling that banks do not fully understand the particular pressures they are currently facing, suggests that farmers are becoming increasingly frustrated in their relationships with the banking industry.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

Last Chance for Welsh Dairy Farmers

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Dairy farmers in Wales have until this Friday to apply for an aid scheme worth £1,800.

The EU Conditional Aid Scheme is only open to dairy farmers in Wales and, specifically, those that were in milk production with a supply contract on 1 January 2016.

To qualify before the deadline at midnight on Friday 30 June, producers need to complete an online questionnaire with information about their farm business. In return, farmers will receive the payment by the end of September as well as a report, prepared by the Agriculture and Horticulture Development Board (AHDB), identifying business strengths and weaknesses and a comparison against industry performance indicators.

The link for the questionnaire as well as more information can be found on the AHDB website.

Farms with land falling outside of Wales can still participate in the scheme if the majority of the land is in Wales.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

Tax Allowances for Caravans Used in the Business

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You can claim tax relief, known as capital allowances, for plant and machinery that you keep to use in your business. Assuming all criteria are met, the cost of items such as tools, equipment, desks and computers can be offset against profits in the year in which they are incurred. This is subject to the annual investment allowance which is currently £200,000.

You cannot however claim capital allowances for assets in or on which the business is carried out. This includes land, buildings and other related structures.

This distinction is important when determining whether capital allowances are available for something such as a caravan. Although a caravan would typically be considered an asset in which the business is carried out, if it is intended to be moved around in the course of the qualifying activity then there may be an opportunity to claim capital allowances. HMRC guidance, however, focuses on caravan sites so there is some ambiguity with regard to the use of caravans in other trades.

Somewhat by contrast, farmers can claim tax relief on a caravan used to house a farm employee, even if it occupies a fixed site and is used solely for residential purposes (which could make for a few happy campers). However, if you are going to make such a claim, it is advisable to check  with your tax advisors beforehand in regard to your specific circumstances.

If you have any questions or comments please contact Green & Co.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

 

Are you a farmer or a landlord?

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There has always been uncertainty over whether a landowner is a farmer or a landlord for tax purposes. There has however, been a recent useful decision by the First Tier Tribunal in the case of John Carlisle Allen which has helped to clarify the capital gains tax position (and the valuable entrepreneurs relief/rollover relief ) on grass letting, and what constitutes trading or investment activities by the landowner.

The facts of the case are:

  • Mr Allen and his brother grew the grass which was eaten mainly by Mr Crooks’ stock.
  • The Allens maintained the rights to lairage – temporary housing of animals on the land, supplied fertiliser when needed, maintained fences and drainage, supplied water and engaged a Contractor to cut the weed and hedges.
  • Mr Crooks could graze stock or take silage off between 17 March and 1 November and claim the subsidy for part of the time. He was not permitted to spread artificial fertiliser on the land, only farmyard manure. He had to control his stock and repair any damage caused by them.
  • The Allens occasionally supplied fertiliser free when the grass was getting weak, but this did not happen every season.
  • The ground was left to recover over the winter for fear of poaching.
  • The £1,000 paid a year was described in the agreement as a “licence fee” rather than rent.

The Judge found in favour of the taxpayer. He stated that the Allens had demonstrated an awareness of the land and its condition and the need to maintain it. The actions were not one of a property investor. Although Mr Crooks was taking the grass, it was the Allens who were farming the land by managing it in such a way as to maximise the grass crop produced and maintain its quality. Their input into the husbandry of the land was critical.

So what can landowners take from this case if they wish to be classed as a farmer rather than a landowner?

  • Keep a diary or record of what you do from day to day, month by month.
  • Keep clear detailed notes to record the work undertaken and management carried out.
  • Carry out soil testing every few years, and take advice on applying the right quantities of lime, phosphate etc., to correct soil deficiencies, minimise wastage and maximise the crop.
  • Carry out weed control.

There are, as stated above, valuable capital gains tax reliefs which apply to a trade but not to the letting of land. Make sure you are in a position to utilise them if needed.

For further information please contact the tax team at Green & Co on 01633 871122.

Choosing the best structure for your farming business

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How do you know whether to choose a sole trade, partnership or limited company structure for your business? The changes in farming over recent years have made this question much more complicated. Many factors need to be taken in to consideration when making this decision.

Traditionally farms have been small family owned businesses which would usually best suit a partnership structure. Farm businesses have now developed and diversified into more complex businesses which may be more suited to incorporation. Some of the benefits of incorporation include:

  • Increased tax efficiency – by being able to receive income from both salary, dividend, rent and interest
  • Reduced risk – the business and all its liabilities can be separated from the owners assets which can reduce risk if anything goes wrong
  • Improved image – incorporation can help to convey a more professional image of the business
  • Increased flexibility – being able to sell equity allows limited companies to be flexible when raising investment and funding.

All these benefits can make incorporation appear a very attractive option; however it also has some disadvantages, such as: the cost of incorporation, the extra paperwork and administration and also having to meet greater compliance requirements.

As every farm business differs from the next it would be impossible to say what the best option would be for all farms. In this case one size does not fit all.

If you have any queries about business structures and your farming activities, please contact Green & Co.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

HMRC, The Dairy Farmer & The Disallowed Loss

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The recent case of B and R Scambler v HMRC (TC4842) reinforces HMRC’s refusal to accept farming loss claims where they deem that the farm is not being run on a commercial basis. And there are many cases of this nature going to Tribunal.

Assuming all criteria is satisfied, self-employment losses can be offset against other income received in the year. This is known as sideways loss relief and is available to Farmers.

This loss relief is unavailable however, where a farming business has made losses in five consecutive tax years, known quite succinctly as ‘the Five Year rule’. In this instance the farmer cannot offset losses incurred in the sixth or subsequent years until there is another profit, unless he can show that “a competent person carrying out the activities at the beginning of the prior period of loss could not have reasonably expected the activities to become profitable until after the end of the current tax year.”

Mr & Mrs Scambler, who made losses from 2005/06 through to 2010/11, could not identify a specific reason why profits could not be made during these years, despite running the business competently. Their claim that the milk price was unpredictable was not thought to be sufficient justification, and they were therefore denied sideways loss relief for 2010/11.

If you would like to discuss this further please contact Green & Co.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

Fire Service Appeal To Farmers Planning Controlled Fires

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South Wales Fire and Rescue Service have advised farmers who are planning to ‘burn off’ their land, that they now have a dedicated Wildfire Station to assist them.

While the vast majority of these burnings are done under safe conditions, on limited occasions fires can become too large to manage or out of control with farmers having insufficient resources to deal with them. South Wales Fire and Rescue Service are actively looking to engage with local farmers and can offer advice and practical assistance by carrying out controlled burning for them.

If you would like assistance with controlled burning on your land, please contact the Fire Crime Unit on 0800 731 7287, where they will be able to direct you to the appropriate Station Commander.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

New Small Grant Scheme for Welsh Farmers

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The new tax year brings some good news for farmers as the Welsh Government has announced it has earmarked £40 million for a new Small Grants Scheme in Wales to “help farmers transform their business”.

The scheme will be part funded by the Rural Development Programme, and will offer support over a 4-year period for up to 40% of eligible costs in the following areas:

  • Animal health, genetics and performance
  • Crop management
  • Energy efficiency
  • Resource efficiency
  • Information and Communications Technology (ICT)

The maximum grant will be £12,000 and around 80 items will qualify as eligible costs in the relevant categories.

It is hoped the scheme will enable farm businesses to be more competitive, whilst being more efficient, more diverse and environmentally aware.

The move is linked to the Welsh Assembly’s 5-year programme of “Taking Wales Forward”, and is expected to be open for applications in April 2017.  Further details will be available shortly on the Government website.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.

Tax Relief for Farmhouse Renovations

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It is very likely that at some point your farmhouse and other buildings used in the farming business will require refurbishment, and it is important to be aware that whereas some repair expenditure can be relieved in the year it’s incurred (subject to a disallowed proportion for private use of buildings), alterations and improvements cannot. This is known as capital expenditure.

Repairs carried out which simply restate the building to its original condition are typically allowable as revenue expenditure. On the contrary the cost of replacing, improving or altering an asset is normally capital expenditure and can be relieved on disposal of the asset.

These rules extend to rental properties and in addition there are rules for rental properties purchased at below market value because they require extensive work in order to be habitable.

‘Capital versus revenue’ expenditure is a highly contentious issue and many cases have gone through the courts because HM Revenue & Customs and the taxpayer have disagreed over the tax treatment.

If you have any queries about taxes and the farming business please contact Green & Co.

Please note: This article is a commentary on general principles and should not be interpreted as advice for your specific situation.