Written by John Turnbull, Chairman
A recent Scottish case has highlighted the dangers of taking shortcuts with Contract Farming Agreements (CFAs). Although Fyffe v Esslemont was about a Notice to Quit in a tenancy situation, it
has clear implications for taxation.
The facts were that a CFA had been put in place by the tenant of an agricultural holding, whose tenancy prohibited subletting. However the nature of the CFA was little more than a ‘swap’ of terminology, ie the payment was ‘rent’ in all but name and the Court decided the CFA was a sham and the tenant had “wholly or substantially abandoned the agricultural activity upon the farm”. In other words, his CFA was a badly drafted shortcut. Thus he lost his statutory protection and the Landlord’s Notice to Quit was upheld. The tenant lost his farm.
This case seems to underline the typical features of a true CFA which include:
Will this prompt HMRC to review CFAs? It could, so the advice is make sure your CFA is properly and professionally created, and get advice from your land agent.
For advice on these matters please contact your local YoungsRPS office.
31-33 Bondgate Within
18 Shakespeare St
Newcastle Upon Tyne
80-81 High St
50 Front Street
114 Drumlanrig Street