Simpkins Edwards ran a seminar for farmers and agricultural business owners with Lloyds TSB Agriculture and Luscombe Maye on 26th February 2013 entitled 'Farm Business Expansion in Challenging Economic Times'.
The presentation, given by Partner Mary Jane Campbell, Simpkins Edwards and David Fowller, Lloyds TBS Agriculture along with Amanda Burden and Claire Hoyte, Luscombe Maye gave a practical guide to dealing with changing or expanding your business.
Are you looking to expand an enterprise? Maybe specialise in your most profitable area? Are your children looking to join you in the business? If so, you are going to need some financial, tax and practical support and advice...... and this could give you the information you need.
Making way for the next generation - What are the tax implications?
Business Finance - How to secure borrowing to support your farm business now and in the coming months.
Occupying land as a farmer - what are your options?
Planning points - for agricultural dwellings, farm buildings etc
Common Agricultural Policy Reform - what is the future for SFP?
For further information please either call or e-mail Sharon on 01392 211233, sroberts@simpkinsedwards.co.uk.
Simpkins Edwards can also provide speakers to host seminars on a variety of accounting, financial, tax and business issues.
To book a speaker please e-mail sroberts@simpkinsedwards.co.uk or call 01392 211 233.
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Farm Business Expansion in Challenging Economic Times - 26 Feb 2013
1. Farm Business Expansion in Challenging
Economic Times
Simpkins Edwards – Mary Jane Campbell
Lloyds TSB Agriculture – David Fowler
Luscombe Maye – Stuart Hext, Amanda
Burden, Claire Hoyte
3. Including the Young Farmer
Three scenarios
- Within the existing business
- Expansion/ improvement of operations
- Starting a new enterprise
4. Existing Business
The existing business
- Typically start as an employee
- Comes a time to join parents business
Advantages
- Saves employment taxes
- YF more motivated
- Reduces tax burden
6. Existing Business
Rates and Allowances
Personal Allowance 8105 (under 65)
10500 (65-74)
10660 (75 plus)
NI Class 4 threshold 7605 ( up to 65)
Married Couples Allowance for over 75s
Age Allowance for over 65s £25,400
8. Existing Business
Partnership agreement
sets out basic parameters
profit and capital shares
holidays and working time
actions if a partner wants to leave,
incapacitated or dies
agreement for use of land owned by a
partner
9. Existing Business
Other tax considerations
IHT - Agricultural Property Relief
CGT – Entrepreneurs relief
Additional housing requirements
- local housing
- sharing farmhouse
- planning for agric tied dwelling
10. Expansion
Expansion
Areas of expertise
Which activities show best return?
Assess limiting factors
Improving efficiency
12. Expansion
Think out side the box – nominate a Matt
Parker
If you do what you have always done don’t
be surprised when you get the result you
always get!
Use benchmarking data
Have a plan with actions and targets
Check progress against plan in words and
numbers
13. Expansion
More profit
Outputs - Yield/quality/price
Costs – price/quantity
Calving interval, drilling date, cell count,
LWG by feed or days
System – more drastic
14. Expansion
Extra resources
- Land via FBT or purchase
- Marginal cost means attractive rent may
be tendered, or inflated price offered
- Financing again marginal cost important
- Cashflow critical
But
- ensure there are plans to monitor
performance so it does not slip with
growth
15. New Enterprise
Business planning, financing etc.
Trading structure
- Sole trader or partnership
- LLP or company
Tax structure to suit
- investors
- workers/managers
16. New Enterprise
Example
Renewables project
- whose money will fund the project?
- what is income profile for investors and
managers?
- what is impact on existing business?
17. New Enterprise
Typical succession issues
- Control / insecurity
- Other family members
- Housing of families
- Tax (rental/investment asset)
18. New enterprise
Final thoughts –
To retire or not…………
Liability to care home fees
may help APR on farmhouse
need the income?
If you only do one thing
Make a will!
19. New Enterprise
Wills
- clarify position for family
- estate simpler and cheaper to administer
- review every 10 years or so
- discuss with family
Good Luck
20. Mary Jane Campbell
Partner, Simpkins Edwards LLP
01392 211233
mjcampbell@simpkinsedwards.co.uk
www.simpkinsedwards.co.uk
21. Farm Business Expansion in
Challenging Economic Times
David Fowler
Regional Agricultural Manager
Devon
01392 424871
07802 655897
23. Banking Issues
• World Economy
• Eurozone Crisis
• Effect on UK Banking System
• Borrowing consequences for farmers
24. Debt crisis – the underlying problems
• Greece – heading for default?
• Italy – highest total debt in eurozone, corrupt, not tackling
the issues
• Spain – property boom/bust, 26% unemployment - 6m
• France – huge sovereign/private exposure to Greek debt
• Germany – most of their neighbours are broke
• Ireland – UK has heavy exposure to Irish debt - £9Bn
25. Debt crisis – the effects
The Financial Markets
• Stability of banks – capital ratios increased
• Write offs & Credit Default Insurance costs
• Quality of lending book? – good debts/bad debts
• Availability of capital – QE, ECB funding
• Mis-selling – PPI & Derivatives / SWOPS
The Customers
• NO change – servicing ability, track record, full proposals
budgets / cash flows, gearing, security
Borrowing Terms
• Higher margins, due diligence, FSA Regulation
26. Bank Funding Costs lead to higher margins
9.00
8.00
UK Bank CDS spread
UK banks’ 5-yr term funding cost (%)
7.00 3mth Libor spread
UK Bank Rate
6.00
5.00
4.00
3.00
2.00
1.00
0.00
2005 2006 2007 2008 2009 2010 2011
Source: Bloomberg/LBCM
27. UK Base Rate – 300 yr low…
UK Base Rate since Jan 1975
18
16
14
12
Base Rate
35yr Ave
10 30yr Ave
25yr Ave
35 Yr Ave = 8.05% 20yr Ave
8 15yr Ave
10yr Ave
30 Yr Ave = 7.25% 5yr Ave
6
25 Yr Ave =6.46%
4 20 Yr Ave = 5.11%
15 Yr Ave = 4.43%
10Yr Ave = 3.47%
2 5 Yr Ave = 2.82%
0
5
7
9
1
3
5
7
9
1
3
5
7
9
1
3
5
7
9
1
7
7
7
8
8
8
8
8
9
9
9
9
9
0
0
0
0
0
1
n-
n-
n-
n-
n-
n-
n-
n-
n-
n-
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n-
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n-
Ja
Ja
Ja
Ja
Ja
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Ja
Ja
Ja
Ja
Ja
32. What does a good proposition look like?
•3 years up to date accounts
• Management information for the current year
• Budgets and cash flows – stress tested
• Business Plan
• Planning permission
• Tenders / quotes
• Capital budgets
• Consultancy advice
33. What funding products are available?
• Overdraft
• Loan – variable rate over base
• Loan – fixed rate over the cost of funds
• Commercial Finance – HP & Leasing
• Invoice discounting and factoring
• How do we assess the margin? Secured and unsecured
• Matrix rates based on customer risk profile – how can this
be improved?
34. Discounted loans currently available
1. Funding for Lending
• 1% discount for the whole term
• Variable & fixed rate loans
2. National Loan Guarantee Scheme (now finished)
• 1% discount for 1st 5 years of fixed loan over £250k
• Limited funds - £30m taken up in 1st 5 weeks 2013!
35. How we help farm businesses
Modern and efficient banking
facilities delivered with a focus on
great customer service
Flexible options including fixed,
variable, interest-only loans
Single Farm Payment (SFP) hedging Machinery and equipment finance
Interest risk management Investment in infrastructure
Business income protection
36. What does a good agricultural bank do?
• Understand the Industry
• Understand the market place
• Understand the enterprise
•The farmer
•The farm business
• Help Facilitate Change
• Help Manage Risk
• Deliver this knowledge locally
37. “The best thing about owning a farm …
…......is the tax breaks
…..the most important
of which is …………
……..Inheritance Tax”
Money Week 22.1.2010
38. Disclaimer
This presentation does not constitute or imply an offer or commitment whatsoever on the part of Lloyds TSB Bank plc (“Lloyds TSB”). Any such offer may only be made after the negotiation of satisfactory documentation and only after appropriate credit authority has been obtained. The pricing
discussed herein is based on our view of current market conditions and is for discussion purposes only.
This presentation and all ancillary documents relating to it (together the "Presentation") was prepared by Lloyds TSB exclusively for you for the purpose of analysing certain potential transactions. The Presentation is being made available on a strictly confidential basis to you and is intended only for the
internal use of authorised recipients (“Recipients”) and no part of it may be disclosed to any third party. This Presentation and the information contained herein are the property of Lloyds TSB. Recipients are hereby notified that photocopying, scanning, or any other form of reproduction, or distribution
- in whole or in part - to any other person at any time is strictly prohibited without the prior written consent of Lloyds TSB.
The information in this Presentation reflects prevailing conditions and our judgment as of this date, all of which are subject to change or amendment without notice and the delivery of such amended information at any time does not imply that the information (whether amended or not) contained in this
Presentation is correct as of any time subsequent to its date. Whilst Lloyds TSB have exercised reasonable care in preparing this presentation and any views or information expressed or presented are based on sources they believe to be accurate and reliable, neither Lloyds TSB, nor any of their
officers, servants, agents, employees or advisors make any representation or warranty, express or implied, as to the fairness, accuracy, adequacy, completeness or correctness of such information, nor as to the achievement or reasonableness of any projections, targets, estimates, or forecasts and
nothing in this Presentation should be relied upon as a promise or representation as to the future. Neither Lloyds TSB nor any of their officers, servants, agents, employees or advisors or any affiliate or any person connected with them accepts any liability whatsoever for any direct, indirect or
consequential damages or losses arising from any use of this Presentation or its contents or otherwise arising in connection therewith. Lloyds TSB undertakes no obligation to update or correct any information contained herein or otherwise to advise as to any future changes to it. Applicable
tax, accounting and legal considerations are subject to change and in all cases independent professional advice should be sought in those areas.
This Presentation is provided for information purposes only: there has been no independent verification of the contents of this Presentation. It does not constitute or contain investment advice. It is not and shall not be construed as an offer, invitation, recommendation or solicitation to
sell, issue, purchase or subscribe for any securities in any jurisdiction or to enter into any transaction. It is not and shall not be construed as an offer to arrange, underwrite, finance, purchase or sell any security, financial instrument, assets, business, or otherwise provide monies to any party. Such
offers may only be provided in writing after satisfactory legal, financial, tax, accounting and commercial due diligence, as well as approval from the relevant business and credit committees of Lloyds TSB and/or their affiliates. The information contained in this Presentation is in summary form for the
convenience of presentation and may therefore not be complete.
Products and services that may be referenced in the Presentation may be provided through affiliates of Lloyds TSB or any person connected with them.
Lloyds Bank Corporate Markets, Lloyds TSB Corporate Markets and Lloyds TSB are trading names of Lloyds TSB Bank plc, Lloyds TSB Scotland plc and Bank of Scotland plc. Lloyds TSB Bank plc. Registered Office: 25 Gresham Street, London EC2V 7HN. Registered in England and Wales no. 2065.
Lloyds TSB Scotland plc. Registered Office: Henry Duncan House, 120 George Street, Edinburgh EH2 4LH. Registered in Scotland no. 95237. Bank of Scotland plc. Registered Office: The Mound, Edinburgh EH1 1YZ. Registered in Scotland no. SC32700. Authorised and regulated by the Financial Services
Authority under registration numbers 119278, 191240 and 169628 respectively.
This document is confidential, for your information only and must not be distributed, in whole or in part, to any person not involved with the proposed transaction without the prior consent of Lloyds TSB Bank plc (“Lloyds TSB”). Whilst Lloyds TSB has exercised reasonable care in preparing this
document and any views or information expressed or presented are based on sources it believes to be accurate and reliable, no representation or warranty, express or implied, is made as to the accuracy, reliability or completeness of the information contained herein. In particular, whilst we have sought
to identify appropriate products and to provide guidance as to how those products might operate under various accounting standards we are not, and should not be considered to be, giving an accounting opinion or advice and you should conduct your own independent enquiries and seek your own
professional advice in this respect. Any transaction which you may enter into with us will be on the basis that you have made your own independent evaluations based on your own knowledge and experience and any professional advice which you may have sought in relation to all aspects of the
transaction including legal, regulatory, tax or accounting.
All terms contained herein, including pricing, are indicative only and subject to change without notice. This material has been prepared for information purposes only and Lloyds TSB, its directors, officers and employees are not responsible for any consequences arising from any reliance upon such
information. If you receive information from us which is inconsistent with other information which you have received from us, you should refer this to your Lloyds TSB Sales representative for clarification.
Lloyds Bank Corporate Markets, Lloyds TSB Corporate Markets and Lloyds TSB are trading names of Lloyds TSB Bank plc, Lloyds TSB Scotland plc and Bank of Scotland plc. Lloyds TSB Bank plc. Registered Office: 25 Gresham Street, London EC2V 7HN. Registered in England and Wales no. 2065.
Lloyds TSB Scotland plc. Registered Office: Henry Duncan House, 120 George Street, Edinburgh EH2 4LH. Registered in Scotland no. 95237. Bank of Scotland plc. Registered Office: The Mound, Edinburgh EH1 1YZ. Registered in Scotland no. SC32700. Authorised and regulated by the Financial Services
Authority under registration numbers 119278, 191240 and 169628 respectively.
This presentation does not constitute or imply an offer or commitment whatsoever on the part of Lloyds TSB Bank plc (“Lloyds TSB”). Any such offer may only be made after the negotiation of satisfactory documentation and only after appropriate credit authority has been obtained. The pricing
discussed herein is based on our view of current market conditions and is for discussion purposes only.
This presentation and all ancillary documents relating to it (together the "Presentation") was prepared by Lloyds TSB exclusively for you for the purpose of analysing certain potential transactions. The Presentation is being made available on a strictly confidential basis to you and is intended only for the
internal use of authorised recipients (“Recipients”) and no part of it may be disclosed to any third party. This Presentation and the information contained herein are the property of Lloyds TSB. Recipients are hereby notified that photocopying, scanning, or any other form of reproduction, or distribution
- in whole or in part - to any other person at any time is strictly prohibited without the prior written consent of Lloyds TSB.
The information in this Presentation reflects prevailing conditions and our judgment as of this date, all of which are subject to change or amendment without notice and the delivery of such amended information at any time does not imply that the information (whether amended or not) contained in this
Presentation is correct as of any time subsequent to its date. Whilst Lloyds TSB have exercised reasonable care in preparing this presentation and any views or information expressed or presented are based on sources they believe to be accurate and reliable, neither Lloyds TSB, nor any of their officers,
servants, agents, employees or advisors make any representation or warranty, express or implied, as to the fairness, accuracy, adequacy, completeness or correctness of such information, nor as to the achievement or reasonableness of any projections, targets, estimates, or forecasts and nothing in
this Presentation should be relied upon as a promise or representation as to the future. Neither Lloyds TSB nor any of their officers, servants, agents, employees or advisors or any affiliate or any person connected with them accepts any liability whatsoever for any direct, indirect or consequential
damages or losses arising from any use of this Presentation or its contents or otherwise arising in connection therewith. Lloyds TSB undertakes no obligation to update or correct any information contained herein or otherwise to advise as to any future changes to it. Applicable tax, accounting and legal
considerations are subject to change and in all cases independent professional advice should be sought in those areas.
This Presentation is provided for information purposes only: there has been no independent verification of the contents of this Presentation. It does not constitute or contain investment advice. It is not and shall not be construed as an offer, invitation, recommendation or solicitation to sell, issue,
purchase or subscribe for any securities in any jurisdiction or to enter into any transaction. It is not and shall not be construed as an offer to arrange, underwrite, finance, purchase or sell any security, financial instrument, assets, business, or otherwise provide monies to any party. Such offers may
only be provided in writing after satisfactory legal, financial, tax, accounting and commercial due diligence, as well as approval from the relevant business and credit committees of Lloyds TSB and/or their affiliates. The information contained in this Presentation is in summary form for the convenience of
presentation and may therefore not be complete.Products and services that may be referenced in the Presentation may be provided through affiliates of Lloyds TSB or any person connected with them.
Lloyds TSB and their affiliates prohibits employees from offering a favourable research rating or specific price target or changing a rating or target to get a mandate and Lloyds TSB and their affiliates prohibit research analysts from being compensated for involvement in investment banking transactions,
except to the extent that such participation is intended to benefit investor clients. Lloyds TSB, their affiliates, their respective directors or officers or persons connected with them may have an interest in any financial instrument mentioned in this Presentation.
Lloyds Bank Corporate Markets, Lloyds TSB Corporate Markets and Lloyds TSB are trading names of Lloyds TSB Bank plc, Lloyds TSB Scotland plc and Bank of Scotland plc. Lloyds TSB Bank plc. Registered Office: 25 Gresham Street, London EC2V 7HN. Registered in England and Wales no. 2065.
Lloyds TSB Scotland plc. Registered Office: Henry Duncan House, 120 George Street, Edinburgh EH2 4LH. Registered in Scotland no. 95237. Bank of Scotland plc. Registered Office: The Mound, Edinburgh EH1 1YZ. Registered in Scotland no. SC32700 .Authorised and regulated by the Financial Services
Authority under registration numbers 119278, 191240 and 169628 respectively.
38
41. Proud to be Agricultural
• Luscombe Maye celebrating 140th Year
1873-2013
• 6 Offices
• 9 Rural Professionals
• Covering Devon & Cornwall
• Mostly specialised Professionals
– Planning – Grants & Subsidies – Valuations
– Landlord & Tenant – Compensation – Farm and
Land Sales – Agricultural Advice
42. Why a Planning Application ?
• Expansion of Farm Business
• Diversification of Farm Business
• Capitalise on Assets
• Need for additional dwelling
• Lifestyle change/Retirement
• Wish to “get on”
• Asset for future generations
43. National Planning Policy Framework
• At its heart, presumption in favour of
sustainable development
– Economic role – Social role – Environmental role
• Para. 55 states
– Local planning authorities should avoid isolated
homes in the countryside unless there are special
circumstances such as
• The essential need for a rural worker to live permanently
at or near their place of work in the countryside
• Optimal viable use of a heritage asset
• Re-use of redundant (farm) buildings
• Truly outstanding or innovative design
44. Planning Policy Statement 7
(PPS 7) Annex A – now defunct
• Permanent Dwellings
– Outline Application -
• Agree “Principle” and demonstrate need
– Reserved Matters application later
– Layout - Appearance
– Scale - Access
– Landscaping
45. Specific Requirements
• Functional Need
• Financial Test
• No other dwellings suitable and
available close by (incl. “affordable”)
• Full time worker
• Suitable site (within “sight & sound”)
46. Conditions
• Agricultural Tie on new dwelling and
existing dwelling ?
• Limit on size of dwelling
– “Commensurate” with established needs
– Affordable for future use
• Landscaping
• Plus others !!
47. Associated Problems
• Already too many dwellings on farm ?
– Split holding/business
– Offer long-term FBT to son/daughter
• Not viable ? Financial Test not met
– Liaise with Accountant – Pay some tax !!
– Remove Depreciation
• Not “essential” functional need ?
– Increase numbers for planning &
breeding
• Creating right impression ?
48. Temporary Dwellings
• Demonstrate intentions to develop enterprise
eg. Farmbuildings
• Show business can be viable eg. Business
Plan, Stock Numbers, Budgets
• Functional Need – Why “essential” ?
• No Disposal of “suitable” dwellings or no
other dwellings close by
• Siting and access are acceptable
49. Timing
• Permission for temporary dwellings
normally 3 years
– Meet Financial test for permanent dwelling
– Extensions not normally given over 3 year
period
– Will have to be removed and occupants
made homeless if permanent criteria not
fulfilled
50. Temporary Permission
• PPS 7 says temporary permissions should
not be given on sites where LPAs
would not allow a permanent dwelling
– More likely to support temporary dwelling
– Gives opportunity to make business viable
– Allows people to be on site
– Mobile home up to 60’ x 20’ and no
more than 2 pieces – not small !!
Or other temporary structure
51. Plan Ahead
• Seek advice from Professional/Agent not just
from Planning Authority
• Seek advice from you Accountant, Solicitor
and Bank Manager
– Capital Gains
– Inheritance Tax
– Borrowing
• Get a Valuation – Consider your Options ?
• Plan well in advance
52. Remember !!
• Planning History on Sites - Hope Value ?
– Withdrawals - Approvals
– Refusals - Appeals
• Conditions
– Agricultural tie - Personal Permission
• Consents normally last 3 years
– Commence development subject to
conditions (condition precedent)
– Policy Changes – can renew permissions –
re-apply well in advance
53. “The bad news is you’ll need a conditional use permit for the flight operations, a
health permit for the brewing facility, and a pet permit for the menagerie.
The good news is that this is a temporary use, so you won’t have to go
through South Hams District Council.”
56. Single Payment Update
• EU has added 9
new countries
since 2005
• New budget needs
to incorporate
these countries
• Single Payment
will still be based
on entitlements
57. Future of SPS
• Uncertain as limited info from Brussels at
present
• EU commission carrying out review of CAP
• Basic proposals published in October 2011
• “Basic Payment Scheme”
• Will include greening measures
• Must have activated one unit of entitlement in
reference year – currently 2011 but not
finalised.
• Not anticipated to start until 2015
58. What this means…
• Entitlements still have a value for next
two years
• Flat rate value depends on Euro rate
• Don’t change any details about
business
59. Things to note for the 2013
year…
• 1st March – SPS Claim forms released
• 2nd April – Transfer deadline
• 15th May – Claim deadline
• MAPPING – Proposed 30 day rule
• SOIL PROTECTION REVIEW
60. And for new farmers…..
• New Entrants Scheme
• This is a possibility for Young Farmers
• Will be mandatory for all member states
• Access to National Reserve
• Top Up Payment
61. Grants
• Catchment Sensitive Farming
• Across UK – target areas
• Whole of South Devon
• £10,000 based on 50% cost
• Including own labour
63. Other schemes…
• Entry Level Stewardship
• £30 per ha
• Uplands Entry Level Stewardship
• £62 per ha
• Organic Entry Level Stewardship
• £60 per ha plus £175 for 2 years conversion
• Higher Level Stewardship – funding now
ceased
64. Proud to be Agricultural
• Luscombe Maye celebrating 140th Year
• 1873-2013
• 6 Offices
• 9 Rural Professionals
• Covering Devon & Cornwall
• Specialised Professionals
• Planning – Grants & Subsidies – Valuations
• Landlord & Tenant – Compensation – Farm and
Land Sales – Agricultural Advice