fa75/sch8/para3.- Finance Act 1975 Schedule 8 Relief for Agricultural Property Part I

3. - (1) The conditions referred to in paragraph 1(1) above are -

(a) that the transferor was, in not less than five of the seven years ending with 5th April immediately preceding the transfer, wholly or mainly engaged in the United Kingdom in any of the capacities mentioned in sub-paragraph (2) below, (or partly in one of them and partly in another or others); and

(b) subject to paragraph 4 below, that the agricultural property was at the time of the transfer occupied by him for the purposes of agriculture and either was so occupied by him throughout the two years immediately preceding the transfer or replaced other agricultural property and was so occupied by him for a period which, when added to any period during which he so occupied the replaced property, comprised at least two years in the five years immediately preceding the transfer.

(2) The capacities referred to in sub-paragraph (1) above are those of -

(a) a person who carries on farming as a trade either alone or in partnership

(b) a person employed in farming carried on as a trade by another person;

(c) a director of a company carrying on farming in the United Kingdom as its main activity; or

(d) a person undergoing full-time education.

(3) Where not less than 75 per cent. of the transferor's relevant income was immediately derived by him from his engagement in agriculture in the United Kingdom, the condition in sub-paragraph (1)(a) above shall be taken to be satisfied; and for this purpose -

(a) "relevant income" is the aggregate of income in any five of the last seven years of assessment immediately preceding the transfer which is earned income from a pension, superannuation or other allowance, deferred pay or compensation for loss of office; and

(b) the question what was the transferor's income shall be determined without regard to section 37 of the Taxes Act (aggregation of wife's income).

(4) Where the agricultural property had, at some time before the transfer, been occupied by the transferor for the purposes of agriculture and was, throughout the period between that time and the transfer, so occupied by a member of his family, the conditions in sub-paragraph (1) above shall be treated as satisfied if they would have been satisfied had the transfer occurred at that time.

(5) Where the condition in sub-paragraph (1)(b) above is satisfied but the agricultural property which was occupied by the transferor at the time of the transfer was not occupied by him for the purpose of agriculture throughout the two years immediately preceding the transfer, then if the agricultural property which it replaced had, at the time when it ceased to be so occupied, a lower agricultural value than the first-mentioned property had at the time when it was first so occupied, the part eligible for relief shall be ascertained as if the agricultural value of the first-mentioned property were reduced by applying to it the fraction of which -

(a) the numerator is that lower agricultural value; and

(b) the denominator is the agricultural value which the fist-mentioned property then had.

(6) For the purpose of sub-paragraph (1) above, where the transferor became entitled to the agricultural property on the death of another person -

(a) his occupation of the agricultural property shall be deemed to have begun on the death of that person; and

(b) if that other person was the transferor's spouse and the condition stated in sub-paragraph (1)(a) above was at the time of the death satisfied with respect to the spouse, it shall be treated as having then been satisfied with respect to the transferor.

(7) For the purposes of sub-paragraph (1) above occupation by a company which is controlled by the transferor shall be treated as occupation by the transferor; and for this purpose the question whether any company is controlled by the transferor shall be determined as for the purposes of paragraph 13 of Schedule 4 to this Act.

1890 c.39

(8) For the purposes of this paragraph, occupation of any property by a Scottish partnership shall, notwithstanding section 4(2) of the Partnership Act 1890, be treated as occupation of it by the partners.

(9) For the purposes of sub-paragraph (4) above, a person is a member of the transferor's family if he is the transferor's spouse or a relative of the transferor or of the transferor's spouse or is the spouse of such a relative; and "relative" means ancestor, lineal descendant, brother, sister, uncle, aunt, nephew or niece, "spouse" includes former spouse, and an adopted person shall be treated as the child of the person or persons by whom he was adopted and an illegitimate person as the child of his mother and reputed father.

1 Repealed by 1981 s.96(3) and Sch. 19, Part IX in relation to transfers of value, distribution payments and capital distributions made on or after 10 March 1981. However, in view of the transitional relief under 1981 s.96 and Sch. 14, reference to these repealed provisions may be necessary.