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Show me the proof
KEY POINTS
- The definition of farming and husbandry has been the subject of several cases.
- The Branded Garden Products case examined whether edible flowers constitute food.
- Taxpayers must provide evidence to establish characteristics.
- Evidence of activity is important for all taxes.
What constitutes farming and how is it defined for the purposes of income tax capital gains tax and inheritance tax? The answer generally rests on whether the produce arising from the activity is food production for human consumption. The key to the eligibility for tax reliefs often depends on the quality of evidence and forensic understanding.
Technical definition
According to ITA 2007 s 996 ‘farming’ is ‘the occupation of land wholly or mainly for the purposes of husbandry’ but does not include market gardening. Note there is no territorial limitation....
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