2016 Autumn Statement: key agriculture and rural land announcements | Practical Law

2016 Autumn Statement: key agriculture and rural land announcements | Practical Law

On 23 November 2016, the Chancellor of the Exchequer, Philip Hammond, delivered the Autumn Statement. This update summarises matters of interest to agriculture and rural land practitioners, landowners and those operating businesses in rural areas.

2016 Autumn Statement: key agriculture and rural land announcements

Practical Law UK Legal Update w-004-6782 (Approx. 8 pages)

2016 Autumn Statement: key agriculture and rural land announcements

by Practical Law Agriculture & Rural Land
Published on 24 Nov 2016England, Wales
On 23 November 2016, the Chancellor of the Exchequer, Philip Hammond, delivered the Autumn Statement. This update summarises matters of interest to agriculture and rural land practitioners, landowners and those operating businesses in rural areas.

Speedread

On 23 November 2016, the Chancellor of the Exchequer, Philip Hammond, delivered the Autumn Statement. This update summarises matters of interest to agriculture and rural land practitioners, landowners and those operating businesses in rural areas.
Once again, the Autumn Statement made no direct reference to the agriculture sector. Perhaps this is not surprising considering the uncertainties about the government’s standpoint on agricultural policy following the Brexit vote.

2016 Autumn Statement

On 23 November 2016, the Chancellor of the Exchequer, Philip Hammond, delivered the Autumn Statement.
This update summarises matters of interest to agriculture and rural land practitioners, landowners and those operating businesses in rural areas. For an analysis of other aspects of the 2016 Autumn Statement, see box, Further reading.

Defined terms

The following defined terms are used in this update:

Annual tax on enveloped dwellings (ATED)

The annual tax on enveloped dwellings (ATED) was introduced by the Finance Act 2013. It forms part of a package of measures designed to dissuade individuals from acquiring and holding high-value residential property in the UK through, principally, companies. For more information, see Practice note, Annual tax on enveloped dwellings (ATED).
The government has announced that the annual charges for ATED will rise in line with inflation for the 2017 to 2018 chargeable period.
(2016 Autumn Statement: tax updates and technical changes, paragraph 2.6.)

Broadband

The government will invest £740 million in digital communications between 2017-18 and 2021-22 through the government's new National Productivity Investment Fund (NPIF). The investment in digital communications will be targeted at rolling out full-fibre connections and future 5G communications. Improving fibre connections is intended to bring faster and more reliable broadband to homes and businesses across the UK.
(2016 Autumn Statement, paragraph 3.20.)

Business rates

Business rate relief

As part of the government's commitment to the digital economy, it has announced a new 100% business rate relief for new full-fibre infrastructure, to support the provision of fibre-optic broadband to more homes and businesses. This relief will be available for a five year period from 1 April 2017.
(2016 Autumn Statement, paragraph 3.20.)

Rural rate relief

Currently, rural rate relief is available for qualifying business properties in rural areas with a population below 3,000. The current minimum level of relief is 50%, although local authorities have powers to increase this up to 100%. The relief applies to a business property which comprises:
  • The only village shop or post office, with a rateable value of up to £8,500.
  • The only public house or petrol station, with a rateable value of up to £12,500.
Local authorities have the power to give up to 100% rate relief to other rural business properties with a rateable value under £16,500. To remove inconsistency with small business rate relief, the government has announced it will increase rural rate relief from 50% to 100% from 1 April 2017.
(2016 Autumn Statement, paragraph 4.33.)

Employment

National Living Wage and National Minimum Wage

Following the recommendations of the independent Low Pay Commission, the government will increase the national living wage (NLW) by 4.2% from £7.20 to £7.50 from April 2017.
The government will also accept all of their recommendations for the other national minimum wage (NMW) rates (which were last increased in October 2016) to apply from April 2017. These include the following NMW rate increases:
  • Rate for 21 to 24 year olds increased from £6.95 to £7.05 per hour.
  • Rate for 18 to 20 year olds increased from £5.55 to £5.60 per hour.
  • Rate for 16 to 17 year olds increased from £4.00 to £4.05 per hour.
  • Rate for apprentices increased from £3.40 to £3.50 per hour.
The government will invest an additional £4.3 million per year to strengthen NMW enforcement.
(2016 Autumn Statement, paragraphs 3.46 to 3.48.)
For more information on the NMW, see Practice note, National minimum wage.

Abolition of class 2 NICs

As announced in the 2016 Budget (see 2016 Budget: key business tax announcements: Abolition of Class 2 NICs), Class 2 NICs are to be abolished from April 2018, so that the self-employed will pay only Class 4 (the level of which is currently under review). Entitlement to various benefits that depend on the worker's having paid NICs will, from that date, be linked to the payment of Class 4 or, in the case of those with profits falling below the small profits limit, voluntary Class 3.
(2016 Autumn Statement, paragraph 4.8.)

Employer-provided living accommodation

The government will publish a consultation on employer-provided living accommodation and a call for evidence on the valuation of other benefits in kind at the 2017 Budget.
The Office of Tax Simplification recommended revising the existing rules on employer-provided living accommodation including, in particular, changing the way in which the taxable benefit is calculated. In response, as part of the 2016 Budget, the government issued a call for evidence. For the OTS' report, see Legal update, OTS final report on employee benefits and expenses: Accommodation benefits and for the current tax treatment of employer-provided living accommodation, see Practice note, Taxation of employees benefits and expenses: Living accommodation.
(2016 Autumn Statement, paragraph 4.13.)

Environment

Shale wealth fund

Following HM Treasury's August 2016 consultation on a shale wealth fund for communities that host shale gas fracturing (fracking), the 2016 Autumn Statement confirms that the shale wealth fund will provide up to £1 billion of additional resources to local communities, in addition to industry schemes (for example, under the United Kingdom Onshore Operators Group's (UKOOG) community engagement charter) and other sources of government funding. Local communities will determine how the money is spent in their area.
(2016 Autumn Statement, paragraph 3.24.)

No change to VAT rate for energy-saving materials

The government has postponed, indefinitely, any change to the VAT rate on energy-saving materials.
It was announced in the 2015 Autumn Statement that the rate would change as a result of an ECJ decision that the UK's reduced rate of VAT for supplies concerning energy-saving materials infringed Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (VAT Directive) (see Legal update, Draft Finance Bill 2016 legislation: key business tax measures: Reduced rate VAT for energy-saving materials). The draft Finance Bill 2016 had included provisions to amend the existing legislation, but these did not find their way into the Finance Bill 2016. The 2016 Autumn Statement policy costings state that the change has been postponed until an "unspecified future date". For the time being, therefore, the UK remains in breach of the VAT Directive on this issue.
For more information on the reduced VAT rate for energy-saving materials, see Practice note: overview, Energy efficiency in buildings: Reduced VAT rates for energy-saving materials.
(Policy Costings, Annex B, paragraph B.5.)

Flooding

The government has announced that £170 million will be invested in flood defence and resilience measures. This sum comprises:
  • £20 million for new flood defence schemes.
  • £50 million for rail resilience projects.
  • £100 million to improve the resilience of roads to flooding.
(2016 Autumn Statement, paragraph 3.25.)
It is not clear to what extent this expenditure forms part of the spending on flood defences and resilience announced in the 2016 Budget (see 2016 Budget: key property announcements: Flood defences).

Income tax: trading and property income allowances

The government confirmed that, as announced in the 2016 Budget, it will introduce two new allowances that will exempt from tax the first £1000 of an individual's trading and property incomes, and that where an individual's income falls below the threshold for the applicable allowance, there will be no requirement to declare the income for tax purposes. For background, see 2016 Budget: key business tax announcements: Trading and property income allowances.
Additionally, the government confirmed that the trading income allowance will also cover certain miscellaneous income from providing assets or services. As previously announced, the legislation will be in the Finance Bill 2017.
(2016 Autumn Statement, paragraph 4.14.)

Partnership profit allocation rules to be amended

Following a consultation launched on 9 August 2016, the government has confirmed that legislation will be introduced to amend the rules concerning the allocation of partnership profits.
Partnerships are treated as transparent for most tax purposes and the activities of the partnership are, therefore, treated as carried on by the partners. Accordingly, partners are taxed separately on their share of the profits or losses of the partnership. The profits and losses of a partnership are, subject to certain provisions, allocated in accordance with the partnership's profit sharing agreement in force during the period of assessment. The consultation proposed that legislation should be introduced to confirm that, for tax purposes, profits will be allocated according to the profit-sharing arrangements set out in the partnership agreement, with this position being overridden if the profit shares change and the nominated partner notifies HMRC. The consultation also proposed that legislation should provide that the basis of the allocation of tax adjusted profits should be the same as the allocation of the accounting profit or loss between partners. (See Legal update, HMRC consults on changes to taxation of partnerships.)
The government has announced that the draft legislation amending the rules will be published for technical consultation. However, it has not indicated when this will be or whether it will be implemented in the Finance Bill 2017.
For more information on the allocation of partnership profits, see Practice note, Partnerships: allocation of profits and losses: tax. To track progress of this measure, see Tax legislation tracker: miscellaneous: Review of partnership taxation.
(2016 Autumn Statement: tax updates and technical changes, paragraph 2.7.)

New Budget timetable from autumn 2017

With effect from autumn 2017, the government will move to a single major fiscal event, which will be the annual Budget. Accordingly, the annual Autumn Statement will be dropped, but the annual Budget will be held in the autumn rather than the spring. For 2017, which will be a transitional year, there will be a spring budget and an autumn Budget.
This change is being made to limit the announcement of major tax changes to once a year. If this results in less frequent tax changes and a more stable tax system, taxpayers will welcome this.
The change will alter the tax policy cycle and the legislative timetable for the Finance Bill. In 2017, there will, as usual, be a Finance Bill (draft clauses for which will be published on 5 December 2016: see Legal update: Draft Finance Bill 2017 clauses will be published on 5 December 2016) introduced in the spring with Royal Assent expected in the summer. From winter 2017, the Finance Bill will be introduced into Parliament following the autumn Budget, with Royal Assent expected in spring 2018.
Accordingly, after the transition to an autumn Budget, typically, new tax policy will be announced in the autumn Budget and consulted on in the spring, with a view to draft legislation being issued (for consultation) in the summer after the Budget. Those policy measures will then be included in the Finance Bill introduced after the following Budget.
Transitioning to the new timetable (in 2017) will require adjustments to the normal tax policy making process because of the shorter interval between the two 2017 Budgets. How this is done will be decided on policy-by-policy and involve, where possible, consultation on both policy proposals and draft legislation.
The Chancellor will make a Spring Statement responding to the updated Office for Budget Responsibility forecast for the economy and the public finances. However, the Chancellor has said that the government will reserve the right to make fiscal policy changes at the Spring Statement if the economic circumstances require it.
(2016 Autumn Statement, paragraphs 4.1-4.3 and HM Treasury: 7 things you need to know about the new Budget timetable.)