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Farming partnerships – are they caught for trust registration?

27 June 2022 / Julie Butler , Philip Whitcomb
Issue: 4846 / Categories: Comment & Analysis
86123
Don’t bury your head in the sand

Key points

  • The partnership model is still the majority of core farming operations.
  • Partnerships cannot own the legal title to a property – it is held by partners as trustees. An limited liability partnership can however own land.
  • Partnership property achieves 100% BPR (non-partnership property only 50% BPR).
  • Farming partnerships need to register land update partnership agreements and ensure that the partnership land capital accounts are correctly recorded in the accounts and the partnership agreement.
  • Farmers must check whether they must register their partnership trust with the trust registration service before 1 September.

Much of the farming press is saying that farming partnerships could fall foul of new rules on the registration of trusts if they don’t act before 1 September 2022.

The fact that farmers look at the ownership of partnership property in this context is a positive for current and future ownership understanding. It is...

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