BIM73105 - Farmers' averaging: checklist

To carry out a quick review of an averaging claim, check that:

  • The trade is either farming or market gardening. (The intensive rearing of livestock or fish on a commercial basis for the production of food for human consumption counts as farming for this purpose), (see BIM73110).
  • The trade is carried on in the UK (see BIM73110).
  • The claimant is not a company (see BIM73110).
  • The claim was made not later than:
  • two years after the end of the second year of assessment to which it relates, for pairs of years up to 1995-96 and 1996-97 (see BIM73155),
  • 22 months after the end of the second year of assessment, for pairs of years 1996-97 and 1997-98 onwards (see BIM73155),
  • or, exceptionally, is made under the extended time limit for further claims provided by ICTA88/S96 (5)(c), see BIM73150. (Note however that a formal signed claim is not generally required provided there is a clear indication in the computations or correspondence that an averaging claim is intended).
  • The claim covers two consecutive years of assessment (see BIM73115).
  • Neither of those years:
  • is the year of commencement of the trade,
  • is the year of cessation of the trade,
  • precedes a year which has already been included in an averaging claim, (see BIM73115.)
  • The profits dealt with by the claim are the Case I profits:
  • before capital allowances and balancing charges (for trades which commenced before 6 April 1994, and where the claim is for 1995-96 and 1996-97 or an earlier pair of years)
  • after capital allowances and balancing charges (for trades which commenced on or after 6 April 1994 or, for other trades, where the claim is for 1996-97 and 1997-98 or a later pair of years), (see BIM73120).
  • Of the two profit figures, the lower figure:
  • does not exceed 70% of the higher figure, or is nil. Full averaging then applies (see BIM73130).
  • is between 70% and 75% of the higher figure. Marginal relief then applies (see BIM73135).