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FC Wales smooths passage to important woodland

With its fascinating historical features, enchanting scenery and strong links to the end of the last major ice age, i Parkwood on the Gower is a popular tourist location. Forestry Commission Wales has stepped in to ensure a smoother passage into this environmental jewel after the Welsh Government woodland became the victim of its own alluring beauty. The road allowing access to the site of special scientific interest (SSSI) was showing signs of serious wear and tear, with badly pot-holed areas testifying to Parkwood’s popularity.

 
Saffery Champness comment on CAP Reform announcement

Commenting on the announcement on CAP Reform by EU Farm Minister, Dacian Ciolos, Andrew Arnott, a partner of  Saffery Champness Landed Estates & Rural Business Group says: “There was not much in the announcement that had not already been leaked. However, it confirms the intention to distribute subsidies more evenly by way of a cap on payments to farmers at 300,000 euros (£261,240) per year.  A progressive levy, to be applied on all payments exceeding 150,000 euros (£130,620), was also announced as a proposal. Assuming that the proposals will be approved by both the EU parliament and all member states, this will be bad news for many large arable farmers and some medium scale farming businesses, including those in the uplands.It remains to be seen whether the ‘sustainable and inclusive growth’ for European agriculture can really be achieved through these proposals.  I think they could, as they stand, have the opposite effect, acting as a disincentive to invest for farm businesses that are highly-mechanised with lower staffing levels”.

 
Leaked proposals for the reform of CAP entitlements

News has recently been leaked from the European Commission that farmers who claim more than €150,000 from the direct support element of the CAP (Pillar1), will see their entitlement payments progressively capped.  Commenting on the leaked proposals Mike Harrison, a partner of Saffery Champness Landed Estates & Rural Business Group, says: “There is a strongly worded proposal for progressive cuts in the entitlement payments above €150,000 ( £127,000) with a cap of €300,000 (£255,000)”.   Whilst the new regulations will apparently incorporate an allowance which reflects the farm’s wages bill, which is welcome news and should mean that both larger and smaller farms are treated equally, there will be a discrimination for those using external contractors

 

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Home Legal update The Balfour Case a tax victory for landowners
The Balfour Case a tax victory for landowners PDF Print E-mail
Written by Charlie Jacoby   
Thursday, 19 August 2010 11:22

 

  Andrew Arnott - Saffery Champness

The Balfour Case was first heard before a First Tier Tax Tribunal in May 2009. The decision handed down was to allow the appeal by Lord Balfour’s Executors against a determination by HM Revenue & Customs (HMRC) denying business property relief for inheritance tax in respect of land, houses and cottages which were let to third parties. That case covered some quite technical aspects, but the main point of interest to professional advisers was the principle of a traditional landed estate carrying on a variety of activities qualifying for business property relief on the basis that it was wholly or mainly carrying on a trading activity.

Andrew Arnott of Saffery Champness Landed Estates and Rural Business Group says: "Understandably, HMRC were not happy with that decision, and they submitted an appeal to the Upper Tribunal. HMRC applied for permission to appeal on a wide range of grounds, but the Upper Tribunal refused permission to appeal on some of those grounds, and the appeal was ultimately on a point of law only.

"The results of the appeal were published by the Upper Tribunal on 17 August, and having decided against HMRC in respect of all the questions they raised, the appeal has been refused. Whether HMRC try to take this any further remains to be seen.

"This refusal is comforting news to owners of traditional landed estates carrying on a range of business activities, who can expect to qualify for business property relief on the same basis as the Balfour case".

 
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