Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Following the herd

20 May 2014
Issue: 4452 / Categories: Forum & Feedback , Avoidance , Business , Income Tax

As more farming clients are making significant trading profits, the potential advantages of incorporation must be considered. Advice is required on the herd basis aspects

With increased wholesale milk prices many dairy farmers have been expanding their businesses in recent years and now have substantial herds. All of my clients are on the herd basis and the tax cost is therefore considerably lower than the current market value of the herd.

I appreciate the capital tax issues to do with incorporating farms so have always been reluctant to advise incorporation unless all of the boxes are ticked.

However as more clients are making significant profits it is now impossible to ignore this option without losing out on significant income tax savings. The general incorporation decisions processes and elections apply here and the only query relates to the herd basis.

Originally I thought that it would be possible to elect to transfer at the herd value. However ITTOIA 2005 s 127 has a provision for the “prevention of...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon