THE TENANT Farmers Association (TFA) is encouraging the Government to couple fiscal and legislative reform in its forthcoming plans for changes to agricultural tenancies.
TFA Chief Executive George Dunn said “We are pleased that the Government has signalled its intention to bring forward much needed reform to the legal and policy frameworks surrounding agricultural tenancies, but it must not miss the opportunity to reform the taxation environment within which agricultural tenancies operate. Tax is a major driver in the land market and for the decisions land owners make about land occupation. Significant, positive change can be achieved with a small number of sensible tax reforms”.
The top three tax changes the TFA would like to see are:
- Restricting Agricultural Property Relief from Inheritance Tax on let land only to land let for 10 years or more.
- Abolishing Capital Gains Tax rollover relief for new land purchases but extending relief to investments in fixed equipment on let land.
- Abolishing Stamp Duty Land Tax (SDLT) on agricultural tenancies.
“Whilst some are calling for the abolition of Inheritance Tax Relief on farm land, this would be a mistake. History shows this simply leads to unnecessary estate fragmentation and negative restructuring. Instead, we should promote best practice by restricting the relief to land let on the most secure tenancies – those of 10 years or more. There are too many short term farm tenancies which stifle investment, good soil and environmental management and farm business resilience. Promoting longer term tenancies will benefit us all,” said Mr Dunn.
“A major driver of inflation in the land market in recent years has been the availability of Capital Gains Tax rollover relief. Individuals who have made sizeable capital gains elsewhere in the economy have been drawn into the land market as a safe, tax efficient investment driving up its price to unsustainable levels. This has got to stop,” said Mr Dunn.
“The TFA would like to see the abolition of Capital Gains Tax rollover relief for land purchases, with exceptions for those who have lost land through compulsory purchase. Instead, there should be a new relief for investments into fixed equipment on to let land which will assist its productivity, resilience and sustainability,” said Mr Dunn.
“In the farming context SDLT makes no sense at all. This tax penalises longer tenancies but these are exactly what we need in farming. SDLT might make sense in the commercial sector where large corporations seek to avoid tax by using long leases with developers but it has no place in the farming world and should be abolished,” said Mr Dunn.
Welsh Government must balance farming priorities
IN EARLY July, the Welsh Government published its proposals for the Sustainable Farming Scheme.
Robert Dangerfield, Communications Manager for the Country Land Owners and Business Association Cymru, responds.
We are pleased to see the ambition shown within the document to support sustainable and profitable food production alongside addressing the climate and biodiversity emergencies.
The proposals arise after three consultations over five years and reflect the work our members and the CLA team have done with Welsh Government.
We are happy to see considerable detail on what the scheme will pay for, the process for how farmers and landowners can apply, and how the transition from the current landscape of the Basic Payment Scheme and Glastir to the Sustainable Farming Scheme will work.
We do, however, have some specific concerns.
Firstly, the requirements for 10% woodland/forestry cover and a 10% requirement for habitat creation and maintenance may not be suitable for all holdings. The need to balance sustainable food production must be considered further.
Secondly, there are no specific payment rates for the scheme. Welsh Government have explained that this is because the current funding settlement with the UK Government only goes to 2024, so they cannot commit to specific rates. This is disappointing, and we will continue to lobby to ensure future funding matches the commitments within the proposals.
WHAT HAS BEEN PROPOSED?
Despite the concerns highlighted above, there is a fair amount of detail within the document. To summarise, the scheme includes a farm sustainability review that will include farm details (size, sector, livestock), a carbon assessment and a baseline habitat survey.
The review will be digital, where possible, to reduce cost and concentrate resources on scheme delivery.
It will provide entry to the scheme and identify the actions Welsh Government will pay for. These will consist of a mixture of universal activities that all applicants must undertake – for which they will receive a baseline payment via a five-year contract and optional and collaborative actions which will attract additional payments.
The universal actions include:
· Record of key performance indicators;
· 10% of land for woodland/forestry and 10% for habitat creation/maintenance;
· Undertake animal health and welfare plan;
· Undertake a biosecurity plan;
· Manage areas of cultural/heritage significance;
· Undertake a five-yearly soil analysis.
The optional and collaborative actions are very wide-ranging and will be able to be tailored for the plethora of different farm types across Wales. One particular area of importance for our membership is access.
The proposal outline that any options relating to access are optional and include:
· upgrading footpaths to multi-use paths;
· enhancing existing paths to make them more accessible;
· establishing joined-up and new access routes and trails;
· establishing new access;
· hosting educational and care farm visits.
We will continue to work with the various access fora and the Welsh Government to ensure that any new access is voluntary, incentivised, and permissive.
The Royal Welsh Agricultural Show took place a week after the publication of the proposals, providing an ideal opportunity for discussion with lots of different organisations and our members.
Not surprisingly, the “10 and 10 requirements” dominated many meetings and conversations I had.
Some farmers were not concerned as they had already reached these percentages on their holding but were worried about land held under Farm Business Tenancies that often did not include the woodland.
In the short term, there are no quick answers; but the CLA Cymru team will be part of a Welsh Government-organised tenancy working group to discuss the impact of the proposals on landowners and tenants.
Other members outlined their worries that they needed all the productive land they had to go towards feeding their stock or growing their crops. This is a real concern.
For some, the solution will be to sustainably intensify other parts of their farm and become more efficient.
Where this is not possible, the role of exemptions for some farms must be considered by Welsh Government.
AGRICULTURE (WALES) BILL
The Agriculture (Wales) Bill will be published this Autumn.
It will be the legislative mechanism by which Welsh Government can administer the new scheme.
Ministers are confident it will receive Royal Assent by summer 2023, ready to begin testing, trialling, and introducing the new scheme.
We will be working with Members of the Senedd to ensure scrutiny of the Bill and to propose amendments if we see fit.
Welsh Cobs return to the farmyard at Llanerchaeron
HORSES have returned to the traditional farmyard at Llanerchaeron near Aberaeron, which is cared for by National Trust Cymru.
Tomos and Seren, two eighteen-year-old Welsh Cobs, have been living together for over a decade and recently moved into the Welsh farmyard.
Visitors will be able to meet the horses when they visit, during certain times of the day at the stable blocks.
Please check opening times before visiting www.nationaltrust.org.uk/llanerchaeron.
Ceredigion farmers left high and dry by lack of UK-NZ trade deal protections
PLAID CYMRU politicians have expressed significant concerns regarding the impact the new trade deal stuck between the UK and New Zealand will have on Ceredigion farmers.
The free trade agreement between New Zealand and the UK Government was signed on 28 February 2022 and is set to open the doors to a significant import of meat produce which could potentially hit the farming sector in Wales harder than in any other part of the UK.
NFU Cymru has recently raised concerns about the deal, stating that the potential negative cumulative impact of this cannot be overstated.
The New Zealand trade deal follows another similar deal with Australia, and while it offers significant upsides for farmers on the other side of the world, it potentially creates significant marketplace changes for Welsh farming.
Figures from the Farmers Union of Wales state the agreement could see the amount of beef that can be imported tariff-free from New Zealand rise immediately to 12,000 then gradually to 38,820 tonnes in ten years’ time. Further rises would occur in the subsequent five years, after which there would be no limit. A similar increase would also be seen in lamb, with the amount that could be imported tariff-free would increase by 35,000 tonnes per annum in years one to four, then by 50,000 tonnes per annum in years five to fifteen, after which there would be no limit.
Plaid Cymru’s Agriculture Spokesperson, Mabon ap Gwynfor MS, has today (2 March, 2022) raised the issue as a matter of urgency with the Welsh Government in the Senedd.
Mabon ap Gwynfor MS said: “While the spin will be about benefits, the truth is that this trade deal is a real cause for concern for Welsh farmers.
“The agreement will provide a 15 year transitional period, and it states that they will only be able to ‘utilise new access to the UK sheep meat market once they have filled 90% of their existing World Trade Organization (WTO) quota’.
“However, this leaves Welsh farmers at the whim of a market whereby they have no control nor input. Should something change in the sheep meat market then New Zealand meat would suddenly end up here or in the EU and undermine Welsh farmers.
“By failing to ensure that there are tariffs on imports here the UK Government have left Welsh farmers completely open to the whims of a market which they have no say and no protection.
Cefin Campbell, Plaid Cymru Member of the Senedd for Mid & West Wales added: “Let us be clear, this trade deal is a gross betrayal of Ceredigion farmers. The UK Government’s own analysis suggests that the number of people working in agriculture will be negatively impacted by this deal, whilst it also threatens to undermine the entire Welsh agriculture sector – which we know is far more susceptible to harm from a poor trade deal than other farmers in other parts of the UK.
As we face a climate emergency, importing more food from the other side of the world that could be produced sustainably here in Wales, does not make any sense whatsoever.
Clearly, efforts must now be taken at Westminster to ensure that the Welsh farming sector is safeguarded from the potential negative impact of this agreement.”
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