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Nick Park, Partner at Green & Co, Cwmbran based accountants, asks – "Does Your Farmhouse Pass The Elephant Test?"

Not a question that you would normally associate with farmhouses, or indeed, farming, but it is relevant for Inheritance Tax (IHT). Most farmers are not concerned about IHT, believing that their farm will qualify for 100% Agricultural Property Relief (APR). In most cases the farm is the most valuable asset in their estate.

Unfortunately over the last few years it has become increasingly difficult to get 100% APR on farmhouses. Whilst the law has not changed, it is being interpreted differently. In many cases 30% of the value of the farmhouse does not qualify for APR.

There have been many legal cases testing eligibility for APR including one which indicated that farmhouses should pass the ‘elephant’ test. The presiding judge believed that you would know an elephant if you saw one and similarly you would recognise a genuine farmhouse.

It has been suggested, by a well known land agent, that you can tell a lot about a farmhouse kitchen if there is an orphan lamb in the Aga. It is a working farmhouse if the lamb is by the warming oven; it probably is not a working farmhouse if it is in the roasting oven (covered in Mediterranean herbs). To my knowledge, however, that has never been tested in a court of law.

The important point to note, which many farmhouse owners are not aware of, is that many farmhouses no longer fully qualify for APR. It is therefore a good time to review your estate planning as in many cases there are ways to significantly reduce the IHT that your estate will suffer.

Green and Co are a three partner practice based in Cwmbran, providing specialised services to the agricultural and landowning sectors. Their comprehensive general business services range from a new business advisory service, acquisitions and disposals, to tax planning, audit and accounting – ring 01633 871122 go to www.greenandco.com