As farmers face rising costs on all fronts, any additional tax savings can be critically important. Capital allowances are one form of completely legitimate tax relief that can be under-claimed, or sometimes even missed altogether.
In the past, there were special tax rules for agricultural (and industrial) buildings. Today, farmers must use the same rules as other businesses when claiming tax relief by way of capital allowances.
Plant and machinery allowances (PMAs) offer valuable and fast tax relief, often giving a full tax deduction for the year in which the expenditure is incurred. Even though the main rate of writing-down allowances fell in April to 14%, that does not affect most capital allowances claims.
For some buildings and fixed structures, a top-up claim (giving additional relief, but at a slower rate, and with possible consequences down the line) may be possible by making a claim for structures and buildings allowances (SBAs).
Some plant and machinery is obvious to spot. Farmers routinely claim PMAs for tractors, lorries, harvesters, excavators and other heavy machinery. Also for cars (subject to any private use adjustment), office equipment, and so on.
But these obvious items are just the starting point. PMAs are also due for part of the cost of a building.
Virtually every farm building includes plant and machinery on which allowances can be claimed, usually giving immediate tax relief on the full cost of the items in question. This includes all hot and cold water systems, entire electrical systems, alarms, sanitaryware, cooking facilities, and much more.
If a building is being newly constructed or extended, a significant part of the cost will qualify for PMAs. The remainder will mostly attract SBAs (the main exclusion being for land costs, if there are any).
The claim can be formulated after the construction is complete – even years later – but an early capital allowances analysis may even allow for improved cash-flow forecasts, and therefore lower borrowings.
The rules work differently for existing buildings that are bought, but it is still possible to claim PMAs for the same items. In this case, though, it is necessary to have an in-depth conversation with the seller, and to sign and submit a “fixtures election” under section 198 of the Capital Allowances Act 2001.
It is much better for the parties to have a discussion about capital allowances before contracts are exchanged, as tax relief may otherwise be permanently lost for both seller and buyer. Sometimes the seller has to take action to protect the capital allowances position of the buyer, so the contractual wording must ensure that the seller meets this “pooling requirement”.
An early discussion also gives both parties certainty on the capital allowances aspect of the transaction, as the fixtures election is binding on everyone, including HMRC, as long as it is properly drawn up in the first place.
Particular issues arise for professional costs, site preparation and other peripheral expenditure, and it is necessary to determine whether such costs are “on the provision of” plant or machinery. A Supreme Court ruling (Orsted) released in April has changed the correct approach to such expenses, and professional guidance here will secure the best possible legitimate outcome.
Another case – May, reported in 2019 – showed that exceptional claims may be made in certain circumstances. The tax tribunal in that earlier case found that an entire grain store (not just the mechanical parts) could properly be claimed as plant.
At Six Forward, we successfully applied that earlier case to achieve the same result on a similar type of store, gaining much earlier tax relief than would otherwise have been the case. Indeed, creating valuable claims is what we do, all day every day. And to prevent any problems with HMRC, our first step is always to check whether a legitimate claim can be made.
So if you have built, bought or extended a property on your farm, why not let our team take a look and give you an honest appraisal? Our review won’t cost you a penny, and you will be under no obligation.
If no allowances are due, we will explain why not.
But if there are opportunities for you to save tax, we will spell out how it will work. If you then choose to instruct us, we will work alongside your existing accountant, providing the exact details to include on your tax return, accompanied by a full technical analysis showing the legal basis on which the claim can be made.
Can I claim for professional costs and site preparation as qualifying expenditure?
How does the Annual Investment Allowance (AIA) impact my claim?
What are capital allowances for agricultural buildings, and how do they provide tax relief?
What happens to capital allowances when there is a new owner or a sale?
What is the Structures and Buildings Allowance (SBA), and when does it apply?
Which items qualify as plant and machinery within farm buildings?

