Inheritance Tax and tenanted farms – increasing relief to 100%
Posted: Tuesday 24 August 2010
For owners of tenanted farmland, 100% Agricultural Property Relief (APR) is available on land subject to a tenancy granted on or after 1 September 1995, and 50% APR is available on land subject to a tenancy granted before 1 September 1995. We have had a couple of cases recently which focussed on converting pre 1 September 1995 leases to post 1 September 1995 leases to secure 100% APR for the landlord. The benefits for the landlord are self-evident but tenants may be nervous of such a change and need convincing there is a benefit for them. There are potential CGT and SDLT issues to be borne in mind, but we are of the view that these can be resolved. A case for landlords and their advisers to review existing lease arrangements to establish whether there is a planning opportunity?
To speak to us about tax and succession planning please contact James Rust on 0131 247 1013 or email James at james.rust@morton-fraser.com.
