Tax Talks

295 | Farm Succession

Farm Succession

Farm succession can tear a family apart. Here is how to avoid that.

Farm Succession

It is all about avoiding surprises. And you do that by dealing with it during your lifetime. 

This is one piece of advice with many more to come from Scott Patterson of Alternate Strategies in this episode.

Here is what we learned but please listen in as Scott explains all this much better than we ever could.

To listen while you drive, walk or work, just access the episode through a free podcast app on your mobile phone.

 1 – Legal entity

Most mum and dad farms in Australia run as partnerships, while larger farms run through multi-layered trust and company structures.

It makes sense to separate land ownership from the farm operations and hold each in a separate entity for asset protection as well as tax. 

2 – Succession

Succession is the transition of a business asset from one generation to the next, not necessarily within family. So any transfer – including sale – to a family member or third party counts as succession. 

3 – Conflict

How smooth a succession goes depends on planning and communication. If all cards are on the table during the life time of the current owners and everybody knows what is going to happen, then you tend to have less conflict.

But if your will includes big surprises, then conflict is certain. 

4 – Options

In the old days succession was straight forward. The farm went to the first-born son upon death of his father. Now there are many options. You might

Each of these options has CGT, stamp duty and tax consequences. And the potential for family conflict if not managed well.

5 – First Born Son

It used to be that the first born son gets it all. But that is no longer the case. Now it is about which of the children wants to stay on the land. 

6 – Small Business CGT Concessions

Most family owned farms pass to the next generation CGT free thanks to the 15-year exemption and other small business CGT concessions. Because if the farm exceeds $6m and hence fails the maximum net asset value test, then the turnover over the past three years will probably be less than $2m and hence the turnover test. 

Just probably. Turnover tends to fluctuate on a farm.

There is a lot more we discussed in this episode, but this is a first snap shot.

 

MORE

Structure a Hobby Farm

How to Save Land Tax

Save Stamp Duty

 

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