Tax, unearned income

farmerdan7618

Member
Livestock Farmer
Location
Somerset
Could my children rent some land off the farm that has a turbine or advertising board on it for a small fee and then claim the rent direct from the turbine/ad company
The renting for a small fee is likely to get caught, but the turbine or advertising boards could be used. A discretionary trust would be needed - private schools often have 'trustee's days' for a reason!

This cannot be done without serious professional advice and it is not something for the average high street accountant to be doing, see a tax specialist, the consequences of it going wrong would likely be a six figure sum as the tax would all be reassessed back on the parents.
 

Bongodog

Member
Could my children rent some land off the farm that has a turbine or advertising board on it for a small fee and then claim the rent direct from the turbine/ad company
To my mind this would be a very dangerous path to tread, it looks like a way of reducing the parents tax bill which of course it is. I doubt any accountant would put their name to such a scheme.

As to childrens earnings, my daughter was left a property at the age of 4, its been rented out for the past 16 years, not held in a trust, accounts filed with HMRC each year no problem.
 

Kiwi Pete

Member
Livestock Farmer
My son is 9 and not allowed earn money until 14years old. If we had a small wind turbine on our land would he be allowed to have the ground rent from that, as it’s classed as unearned income. if needed he could rent the area of land off the farm for £1 then sub let it to the turbine company.
Are you in a LLC / LTD company? Or sole trader
 

rusty

Member
My two children benefit from a discretionary trust to cover their school fees. They effectively pay their own school fees and the older one is also paid a wage for work done on the farm. You still have to pay some tax but it’s utilises their tax free allowance and is effectively not at a marginal 40% rate you would be on if paid from personal income.
 

snipe

Member
Location
west yorkshire
My two children benefit from a discretionary trust to cover their school fees. They effectively pay their own school fees and the older one is also paid a wage for work done on the farm. You still have to pay some tax but it’s utilises their tax free allowance and is effectively not at a marginal 40% rate you would be on if paid from personal income.
Can I ask how the money is introduced into the trust from the business.?.
 

rusty

Member
Can I ask how the money is introduced into the trust from the business.?.
In our case it comes from shares in our ltd company. You can also Chanel money into discretionary trusts from grandparents ,useful if they are still partners in the farming business. I think the important part of discretionary trusts is that you cannot give it yourself direct to your children , it has to be a step more removed. You definitely need professional advice on this, our ex accountant mucked it up the first year we did this!
 

Nearly

Member
Location
North of York
Send him to the local school. Problem solved.

I know the local school.
Pay the money. ;)

A few years ago I found out that any residential property placed into a trust can NEVER be classed as the primary residence of anyone involved with the trust, even after the trust is dissolved.
So the beneficaries cannot sell the house cgt free so likely to take a hit of up to 40% cgt on the gain.

Plan the exit strategy.

@snipe have a word with my mate at New Hall. He's working through similar for grandkids. ;)
 

Bongodog

Member
My two children benefit from a discretionary trust to cover their school fees. They effectively pay their own school fees and the older one is also paid a wage for work done on the farm. You still have to pay some tax but it’s utilises their tax free allowance and is effectively not at a marginal 40% rate you would be on if paid from personal income.
Accoring to my accountant and HMRC the tax rate on a discretionary trust is 45%. just paid the tax on wifes doscretionary trust so have a good idea. The higher rate is the downside to taking the assets outside of CGT.
 

010101

Member
Arable Farmer
We don’t operate it. Just get a ground rent
Ground leases are operating a land rental business.
Ground rent is something that appears on a title deed. You are using the phrase incorrectly.
You are not selling title to the land with a ground rent. You are demising it under lease.
 
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