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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
Making way for the next
     generation
   Mary Jane Campbell
Including the Young Farmer


Three scenarios

- Within the existing business
- Expansion/ improvement of operations
- Starting a new enterprise
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
Existing Business

Disadvantages
- Responsibilities on YF
- Same income to spread further
- Loss of capital if YF leaves partnership
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
Existing Business


 Considerations for new partners

- Off farm income
- Tenancy succession
-Have a partnership agreement
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
Existing Business

Other tax considerations
IHT - Agricultural Property Relief
CGT – Entrepreneurs relief

Additional housing requirements
- local housing
- sharing farmhouse
- planning for agric tied dwelling
Expansion

Expansion
 Areas of expertise
 Which activities show best return?
 Assess limiting factors
 Improving efficiency
Expansion


 Pop up economics – Tim Harford
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
Expansion


 More profit
   Outputs - Yield/quality/price
   Costs – price/quantity
   Calving interval, drilling date, cell count,
    LWG by feed or days
   System – more drastic
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
New Enterprise


 Business planning, financing etc.
 Trading structure
     - Sole trader or partnership
     - LLP or company
 Tax structure to suit
     - investors
     - workers/managers
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?
New Enterprise


Typical succession issues

-   Control / insecurity
-   Other family members
-   Housing of families
-   Tax (rental/investment asset)
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!
New Enterprise


Wills
- clarify position for family
- estate simpler and cheaper to administer
- review every 10 years or so
- discuss with family

Good Luck
Mary Jane Campbell
 Partner, Simpkins Edwards LLP

          01392 211233
mjcampbell@simpkinsedwards.co.uk
   www.simpkinsedwards.co.uk
Farm Business Expansion in
Challenging Economic Times




                                         David Fowler
                             Regional Agricultural Manager
                                                    Devon
                                            01392 424871
                                            07802 655897
Certainties in life
Banking Issues


• World Economy

• Eurozone Crisis

• Effect on UK Banking System

• Borrowing consequences for farmers
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
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
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
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-


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Ja


          Ja


                   Ja


                            Ja


                                     Ja


                                              Ja


                                                       Ja


                                                                Ja


                                                                         Ja


                                                                                  Ja


                                                                                           Ja


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Drivers affecting farming - 1. GBP/EUR



                   1.3                                      GBP/EUR

                  1.28

                  1.26

                  1.24

                  1.22

                   1.2

                  1.18

                  1.16

                  1.14

                  1.12

                   1.1
                     Jan-12      Apr-12   Jul-12   Oct-12       Jan-13




Source: Bloomberg, Lloyds Bank
Driver 2 - UK CP Inflation



                   6   %                                                              UK CPI YOY


                   5


                   4


                   3


                   2


                   1


                   0
                    Dec-10   Mar-11   Jun-11   Sep-11   Dec-11   Mar-12   Jun-12   Sep-12   Dec-12




Source: Bloomberg, Lloyds Bank
Driver 3 - Crude Oil



                  120
                                                                                      Crude Oil ($)

                  110


                  100


                   90


                   80


                   70


                   60
                    Jan-11   Apr-11   Jul-11   Oct-11   Jan-12   Apr-12   Jul-12   Oct-12    Jan-13




Source: Bloomberg, Lloyds Bank
Driver 4 – Wheat



                 300                                                 Generic 'European Union' Wheat Futures
                                                                     (EUR/metric tonne)



                 250




                 200




                 150




                 100
                       Jan-11    Apr-11   Jul-11   Oct-11   Jan-12   Apr-12    Jul-12     Oct-12




Source: Bloomberg, Lloyds Bank
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
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?
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!
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
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
“The best thing about owning a farm …


                        …......is the tax breaks

                        …..the most important
                         of which is …………

                        ……..Inheritance Tax”

                        Money Week 22.1.2010
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
David Fowler – Regional Agricultural Manager




                   Thank You
Planning for the Future
    Amanda Burden
   B.Sc (Hons), FAAV, MBIAC
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
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
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
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
Specific Requirements
• Functional Need
• Financial Test
• No other dwellings suitable and
  available close by (incl. “affordable”)
• Full time worker
• Suitable site (within “sight & sound”)
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 !!
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 ?
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
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
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
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
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
“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.”
Planning for the Future
    Amanda Burden
    B.Sc (Hons), FAAV, MBIAC
Single Payment Scheme
    and Rural Grants
Claire Hoyte BSc (Hons) MRICS FAAV
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
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
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
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
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
Grants
•   Catchment Sensitive Farming
•   Across UK – target areas
•   Whole of South Devon
•   £10,000 based on 50% cost
•   Including own labour
Catchment Sensitive
           Farming




Open 1st March to
   30th April
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
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
ANY QUESTIONS?
Please complete a feedback
form and stay for a chat and
      enjoy some light
       refreshments.

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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
  • 2. Making way for the next generation Mary Jane Campbell
  • 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
  • 5. Existing Business Disadvantages - Responsibilities on YF - Same income to spread further - Loss of capital if YF leaves partnership
  • 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
  • 7. Existing Business  Considerations for new partners - Off farm income - Tenancy succession -Have a partnership agreement
  • 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
  • 11. Expansion  Pop up economics – Tim Harford
  • 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- n- n- n- n- n- n- n- n- n- Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja Ja
  • 28. Drivers affecting farming - 1. GBP/EUR 1.3 GBP/EUR 1.28 1.26 1.24 1.22 1.2 1.18 1.16 1.14 1.12 1.1 Jan-12 Apr-12 Jul-12 Oct-12 Jan-13 Source: Bloomberg, Lloyds Bank
  • 29. Driver 2 - UK CP Inflation 6 % UK CPI YOY 5 4 3 2 1 0 Dec-10 Mar-11 Jun-11 Sep-11 Dec-11 Mar-12 Jun-12 Sep-12 Dec-12 Source: Bloomberg, Lloyds Bank
  • 30. Driver 3 - Crude Oil 120 Crude Oil ($) 110 100 90 80 70 60 Jan-11 Apr-11 Jul-11 Oct-11 Jan-12 Apr-12 Jul-12 Oct-12 Jan-13 Source: Bloomberg, Lloyds Bank
  • 31. Driver 4 – Wheat 300 Generic 'European Union' Wheat Futures (EUR/metric tonne) 250 200 150 100 Jan-11 Apr-11 Jul-11 Oct-11 Jan-12 Apr-12 Jul-12 Oct-12 Source: Bloomberg, Lloyds Bank
  • 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. 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  • 39. David Fowler – Regional Agricultural Manager Thank You
  • 40. Planning for the Future Amanda Burden B.Sc (Hons), FAAV, MBIAC
  • 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.”
  • 54. Planning for the Future Amanda Burden B.Sc (Hons), FAAV, MBIAC
  • 55. Single Payment Scheme and Rural Grants Claire Hoyte BSc (Hons) MRICS FAAV
  • 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
  • 62. Catchment Sensitive Farming Open 1st March to 30th April
  • 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
  • 66. Please complete a feedback form and stay for a chat and enjoy some light refreshments.