Business Property Relief and Agricultural Property Relief

Alistair Carmichael Excerpts

Thursday 17th October 2024 Westminster Hall

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is a pleasure to serve with you in the Chair, Dr Huq, and I congratulate the hon. Member for Gordon and Buchan (Harriet Cross) on securing a very timely debate. She has provided us with what is definitely my favourite euphemism, the “succession event”, and I think we know what that means in most cases.

This is a timely debate because we have had a lot of speculation in the media in recent weeks about the possibility of changes coming in the Budget very soon. There is very little that is certain in politics these days, but I am as near certain as anybody can be that, when the Minister comes to reply, he will say that he is not going to tell us anything about the Budget. I understand the reasons for that, which are essentially sound, long-standing and respected by all, but it illustrates the inadequacy of this as a way of effecting meaningful change. Without the ability to have a proper debate involving the Treasury, change will inevitably come in a haphazard and chaotic way, and it will bring with it many unintended consequences that will have an effect on not just farmers but the wider rural community. I should have said right at the start that I have my own interests in agriculture, which are in the Register of Members’ Financial Interests, and I remind the House of those.

There may be a case for reform, but this really is not the way to go about it. The hon. Member for Gordon and Buchan was right to say that farming is a capital-rich and revenue-poor industry. Of course, any changes in farming will have consequences that spread beyond agricultural businesses. What affects farmers will affect vets, agricultural merchants, local shops and post offices in some of the most economically fragile communities to be found anywhere in the country. My concern has long been—it is not exclusive to this Government—that the Treasury does not quite understand the way the rural economy works. It is a cliché, but true, to say that farming underpins just about everything in rural communities and the rural economy, whether environmentally—through the way in which land is managed, which has consequences for nature—or financially.

The Tenant Farmers Association provided a briefing for this debate, which said that it is already seeing consequences among its members:

“We are already seeing, first hand, concerns about how Inheritance Tax charges change the way that traditional estates have thought about the management of their agricultural land, and that is before there is any change to the Inheritance Tax regime. Rural estates with significant residential and mineral interests will want to ensure that they have sufficient business activity elsewhere on their estates to be able to qualify for BPR from Inheritance Tax across the whole of their estates. If APR was abolished this will make things hugely much more difficult for farm tenants.”

That important point gets right to the heart of the matter. That is why I am pleased that the hon. Lady, in framing this debate, covered APR and BPR, which work in an interlinked way. It also shows the responsibility we in politics have when we set hares running.

North of the border, for the last few years we have had an active and often welcome debate about land reform, but one of the consequences of that debate is that many agricultural land owners, instead of moving out and putting in tenants, have moved into grass lets. A lot of the larger landowners’ estates, in particular, have replaced the secure agricultural tenancies for which they had been known for generations with a much less secure system of tenure.

As the TFA says, there might be a case for reform. It suggests ways to reward longer tenancies of 10-plus years and more secure tenancies. We have to have that debate, but we cannot effect that in a meaningful way that looks at agricultural spending in the round once the decision has been announced in a Budget. There are many other influences at play. For example, in recent years we have had the reform of agricultural support payments in England and Wales, and that is now coming through in Scotland.

For decades, farmers have been told that they have to diversify—diversify, diversify, diversify—so they have renovated farm cottages and turned them into furnished holiday lets, and now they are being told that they are responsible for the housing crisis in the country and are being hit with furnished holiday let reform, which this Government appear to have inherited from the previous one.

Inheritance tax can be avoided by intra vires transfers, but the way they work can often be arbitrary. They can also have some difficult personal consequences when it comes to the transfer from one generation to the other, as the family interaction can be difficult.

I congratulate the hon. Member for Gordon and Buchan. I hope that when the Chancellor delivers the Budget next week, if this issue is under the Treasury’s active consideration, we will see the Government’s direction of travel and the overall picture that they want to achieve, rather than just one quick hit, because that could have serious consequences for family farms and rural communities across the country.

--- Later in debate ---

[The Exchequer Secretary to the Treasury (James Murray)]

It is a pleasure to serve under you in the Chair, Dr Huq. Let me join others in congratulating the hon. Member for Gordon and Buchan (Harriet Cross) on securing the debate. I thank all hon. Members for their contributions —including the advice from the shadow Minister, the hon. Member for Droitwich and Evesham (Nigel Huddleston), on what to expect in my new role from the hon. Member for Strangford (Jim Shannon).

As many Members have rightly highlighted, there has been a great deal of speculation in recent weeks about potential changes to taxation in the Budget, including to the reliefs that we are debating today. Hon Members will understand—indeed, many of them acknowledged in their speeches that they understand—that I cannot add to that speculation. The Budget is on 30 October, and my right hon. Friend the Chancellor of the Exchequer will set out any changes to the tax system then, in the normal way. However, ahead of that, I welcome this opportunity to hear Members’ views on this matter.

Let me start by briefly setting out the context for this Budget. Following the spending audit in July, the Chancellor has been clear that difficult decisions lie ahead on spending, welfare and taxation to address the £22 billion black hole that we inherited from the previous Government. Decisions on how to address that will be taken at the Budget in the round. It is crucial that we get the public finances back on a firm footing so that we can restore economic stability. On those foundations, we will boost investment, increase growth across the UK and improve public services. That is the prize ahead and how we will make people across Britain better off.

Let me turn to how inheritance tax operates in the UK tax system. Inheritance tax, as other Members have said, is a wealth transfer tax and applies to the estate of the deceased. Transfers made in the seven years before death are also taken into account. The estates of all individuals benefit from a £325,000 nil-rate band. The residence nil-rate band is a further £175,000 and is available to those passing on a qualifying residence on death to their direct descendants, such as children or grandchildren. That means that, altogether, qualifying estates can pass on up to £500,000. Furthermore, the qualifying estate of a surviving spouse or civil partner can pass on up to £1 million without an inheritance tax liability, because any unused nil-rate band or residence nil-rate band is transferable to the surviving spouse or civil partner.

Above those thresholds, the headline rate of inheritance tax is 40%, but it is important to remember that that rate is charged only on the part of the estate that is above the threshold, and after the application of reliefs. That is obviously the subject of today’s debate, so let me turn first to business property relief. That relief is a long-standing part of the inheritance tax system. It is designed to ensure that businesses need not be broken up or sold on the death of an owner in order to pay an inheritance tax liability. That reflects concerns that there may not always be enough liquid assets in the business to pay the tax. Subject to certain qualifying conditions, the relief generally applies to unquoted shares and interests in a business. It also applies to shares designated as “not listed” on a “recognised stock exchange”, such as shares that are quoted on AIM, as mentioned by the shadow Minister. The rate of business property relief is usually 100%, but can be 50% in some circumstances. Until March 1992, the maximum rate of the relief was 50% and there was a lower rate of 30% alongside that. Hon. Members may be interested to know that the cost of the relief has risen from £685 million in 2019-20 to a forecast £1.3 billion in 2023-24.

Agricultural property relief is also a long-standing part of the system. It has a similar purpose to business property relief, although the main benefit is to ensure that relief is available when land is let to tenant farmers, as we heard from various hon. Members today. This is largely because owner-occupiers of agricultural land also qualify for business property relief. Again, the rate of agricultural property relief is usually 100%, but can be 50% in some circumstances, and as with business property relief, lower rates existed before 1992. The cost of this relief has risen from £320 million in 2019-20 to a forecast £365 million in 2023-24.

There are many different views on these reliefs. Stakeholders, including Family Business UK and the Country Land and Business Association, have argued strongly against any prospect of the reliefs being abolished. Other organisations are in favour of changes to the reliefs, with the Institute for Fiscal Studies suggesting that a cap on such reliefs could allow those passing on small farms or businesses to be taken out of inheritance tax, while preventing agricultural and business investments from being used to avoid it. The right hon. Member for Orkney and Shetland (Mr Carmichael), whom I thank for his contribution, said that there may be a case for certain reforms to agricultural property relief. Of course, the previous Government had views on these reliefs. I understand from reports in the Telegraph that the previous Government considered abolishing these reliefs as part of reforms to the system.

I welcome the opportunity today to hear from Members on their views, particularly on agricultural property relief, but also on issues relating to farmers and their constituents more widely. The hon. Member for Chester South and Eddisbury (Aphra Brandreth) rightly highlighted the importance of food security for this Government and its importance in our policy making. The hon. Member for Strangford (Jim Shannon)—in nudging me gently, to quote the shadow Minister—spoke eloquently about the importance of farming in his constituency and in the economy of Northern Ireland. The hon. Member for Central Suffolk and North Ipswich (Patrick Spencer) spoke of some of the wider challenges facing the farming community in recent years, not least energy bills. My hon. Friend the Member for Hexham (Joe Morris) is proving to be a very effective constituency MP already, raising a number of important issues on behalf of those he represents, as well as drawing attention to the wider significance of having economic stability and security for farmers and everyone in his constituency.

[Mr Carmichael]

The Minister reminds us—it is our fault for doing this—that we have focused very much on the family farm as the unit of concern, because that is what concerns most of our constituents. However, a lot of agricultural land is, in fact, owned by bodies such as the Royal Society for the Protection of Birds, of which I am a member. The RSPB is never going to have a succession event, to join the hon. Member for Gordon and Buchan (Harriet Cross) in using that expression. The consequence of abolition could be that two farms right next door to each other—one owned by a charity or an institution of that sort, and the other owned by a family—would be left having to farm in very different economic circumstances. Is that really fair?

[James Murray]

I thank the right hon. Gentleman for his point, although he presupposes he knows what will happen to agricultural property relief, which, as I set out earlier, I cannot comment on further. He will have to wait a couple of weeks, perhaps, to have further conversations about what the Government will do in this space. I thank him and all hon. Members for their comments today, because it has been an interesting debate. As we have heard, the issue generates some strong views among many of our constituents and the Members present, who represent them.

I understand that there are many different views on what the Government should do, and the debate has allowed me to hear them. As always, the Government welcome all opinions and keep all taxes under review. However, I return to my earlier point: the Chancellor will, of course, announce changes to the tax system at the Budget. There is not long to wait.