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Tuesday 13 May 2014

Farmer's Tax Win

HM Revenue and Customs has a longstanding policy of not reopening settled cases, even when subsequent decisions change the case law. So it was a significant victory for Doug Robshaw, tax manager at Haines Watts in Hereford, and his client when they persuaded HMRC to review a claim for Agricultural Property Relief (APR) on a farmhouse and secure a rebate.

The decision to appeal was promoted by the 2013 Tax Tribunal case (HMRC v Hanson) which successfully challenged HMRC’s view that APR could not be granted on farm houses where the surrounding land was not in common ownership.

The farmhouse was occupied by the deceased’s son, who farmed the land, but the ownership of the land had been split between family members.  The tribunal found the occupation of the land was also relevant in assessing eligibility and APR was therefore granted on the farmhouse.  The situation where farmland is not in common ownership with the farmhouse is not usual, but HMRC’s willingness to review settled cases is.

Although the client’s circumstances were similar to Hanson – he owned and farmed the land but prior to her death his mother owned and occupied the farmhouse – there was no guarantee that HMRC would reopen the case which dated back to 2009.

However Doug, having previously worked for HMRC for 12 years, had a good understanding of how the system works and the best approach. “Having submitted the necessary paperwork, I engaged with the tax inspector who originally handled the case and there was a continued dialogue throughout the whole process. This was I was able to move the case along and provide supporting evidence.”

“I think I was also assisted by a general tide of good will towards a farming community facing adversities after the recent floods.”

Both Doug and his client were delighted when HMRC agreed to refund the Inheritance Tax paid on the farmhouse, which amounted to £120,000 along with £9,500 of accrued interest.

Doug feels the decision opens the doors for others to claim APR retrospectively.  But he added: “Each case needs to be assessed on its own merit. Potential claimants need to ensure they get expert advice on whether to proceed or risk incurring professional fees.” 

For  farm tax or agricultural advice contact Haines Watts North Devon and Haines Watts Rural Business LLP 

www.hwca.com/accountants-north-devon

01237 471736






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