Mr Alistair Carmichael

Mr Alistair Carmichael

Liberal Democrat — Orkney and Shetland

Speaking in the House of Commons on 28 January 2025

Debate

Agricultural Property Relief

Contribution

I had put in to speak, but when I saw the attendance in the Chamber, I thought I would exercise a self-denying ordinance. That seems to have been counterproductive, so I will take a couple of minutes to drill down into some of the underlying assumptions in relation to this issue. Let us bear in mind that there are three ways in which agricultural land can be passed on in succession. It can be relieved under agricultural property relief, under business property relief, or under a combination of the two. Hitherto, that has offered executry practitioners and others a range of different options. Frankly, as long as the land qualified as agricultural farming land, it did not really matter which route was taken. In fact, any value was pretty academic because there was 100% relief in any event. I suspect that is why the HMRC guidance in relation to business property relief says that for a relief claimed under BPR, the book value, if I can use that shorthand, should be used. There is then no need to have the full market value. The letter that the Chancellor sent to the Treasury Committee on 15 November last year made no reference to those estates that passed on land under BPR only. To my mind, it is almost certainly the case that a large number of other farms will be caught by the measure that have not been included in Treasury calculations. That view is reinforced today by the publication of the report by the Agriculture and Horticulture Development Board, which, as the hon. Member for Bridlington and The Wolds (Charlie Dewhirst) said, is a non-departmental public body of DEFRA. The body is levy funded, but the press release says that it is not for it to say whether inheritance tax should be exigible in these circumstances—it just wishes to inform the debate with its analysis. Its analysis is that 42,204 farms out of 54,938 of 50 hectares or more will be affected. That must surely give the Treasury some cause for concern, and a basis on which it could pause the change. We still have a long time to go; it will not be in the Finance Bill until October or November of this year. Where an element of doubt exists, it would surely be sensible for everyone concerned if the Treasury were to engage in a meaningful dialogue with the farming unions and others.

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