Inheritance tax for farms and agricultural property: Key exemptions and reliefs

Inheritance Tax (IHT) can have a profound impact on rural families and business owners, especially when it comes to passing on farms and agricultural property. The value of land, buildings, and farming assets often means estates exceed the standard thresholds, but there are important reliefs that can reduce or even eliminate the tax bill. Understanding these exemptions is essential to avoid costly mistakes and ensure your legacy is protected.

Current IHT Thresholds and Rates

Every individual benefits from a nil-rate band, which means the first £325,000 of your estate is not subject to IHT. If you leave your main home to your children or grandchildren, you may also benefit from the residence nil-rate band, which can add up to £175,000 to your tax-free allowance. However, for large estates—those worth more than £2 million—the residence nil-rate band is reduced and may be lost entirely.

Anything above these thresholds is usually taxed at 40%. If you leave at least 10% of your net estate to charity, the rate on the remainder may be reduced to 36%. These rates apply to the value of the estate after all available reliefs and exemptions have been applied.

Agricultural Property Relief (APR)

APR is a key relief for those passing on farms or agricultural land. It can reduce the value of qualifying property for IHT purposes by either 100% or 50%, depending on the circumstances. To qualify, the property must be genuinely used for agriculture—such as farmland, farm buildings, and farmhouses—and must have been owned and occupied for agricultural purposes for at least two years (if occupied by the owner) or seven years (if occupied by someone else).

APR can apply to:

  • Land and pasture used to grow crops or rear animals

  • Farmhouses and cottages (if they are of a character appropriate to the property)

  • Certain farm buildings

However, not all land or buildings will qualify, and the relief does not cover non-agricultural value, such as development potential.

Business Property Relief (BPR)

If the farm or agricultural business includes trading activities beyond pure agriculture, BPR may also be available. BPR can reduce the value of qualifying business assets by 100% or 50%, depending on the type of asset and how it is held. This relief is particularly important for diversified rural businesses, such as those with holiday lets, farm shops, or renewable energy projects.

Common Pitfalls and Ambiguities

  • Assuming all land qualifies:
    Not every piece of land owned by a farmer or rural business will automatically qualify for Agricultural Property Relief (APR). The land must be actively used for agricultural purposes—such as growing crops or grazing livestock—at the time of death. Simply owning fields, paddocks, or woodland that are not farmed or are let out for non-agricultural use (like pony paddocks or private gardens) may mean those areas do not qualify. In addition, the land must have been owned and occupied for agricultural purposes for at least two years by the deceased, or for seven years if occupied by someone else. If the land is let, the tenancy must allow for agricultural use.

    Overlooking farmhouses:
    A farmhouse can only qualify for APR if it is “of a character appropriate” to the size and nature of the land it serves. This means the house should be proportionate to the farm and genuinely used as the centre of the farming operations. Large, grand houses on small plots, or homes that are no longer used by the farmer or farm manager, may not qualify. HMRC will look at whether the farmhouse is still at the heart of the business, who lives there, and how it is used. If the farmhouse is let out or used for non-farming purposes, relief may be denied.

    Missing deadlines:
    To claim APR or Business Property Relief (BPR), the property or business assets must be held for the required period before death—two years if occupied by the owner, or seven years if occupied by someone else. If the land or business is sold, transferred, or the farming or trading activity ceases before the end of this period, the relief may be lost. For example, if a farmer retires and lets the land for non-agricultural use, or if a business is wound up, the clock may reset or relief may be unavailable.

    Development value:
    APR only applies to the agricultural value of the land, not to any “hope value” or uplift in value due to development potential. If land has been granted planning permission or is likely to be developed for housing or commercial use, the extra value above its agricultural worth will not qualify for APR and may be subject to IHT at 40%. This can result in a significant tax bill if the land is in an area of high development demand.

    Diversified businesses:
    Many farms now include diversified activities such as holiday cottages, farm shops, or renewable energy projects. Not all of these will qualify for BPR. Relief is only available if the business is mainly trading, rather than holding investments. For example, letting out cottages or land for rent may be seen as investment activity, which does not qualify. Careful structuring and clear records are needed to show that the business is genuinely trading and meets the requirements for BPR.

Worked Example

Suppose a farmer dies leaving an estate worth £2 million, including £1.5 million in agricultural land and buildings. If all the land and buildings qualify for 100% APR, only the remaining £500,000 would be subject to IHT. If the business also qualifies for BPR, further relief may be available, potentially reducing the taxable estate even more.

Why Planning Matters

The rules around APR and BPR are detailed and can change. Failing to plan or keep good records can result in a higher tax bill or missed reliefs. It’s important to review your estate plan regularly, especially after changes in the business, land use, or family circumstances.

Feel less anxious and more confident:
Caira is your new bestie! 👱🏼‍♀️🌸 Get answers and drafts in seconds for public, family, probate, conveyancing, criminal, employment, medical negligence, commercial and public law. All backed by 10,000 legal documents for England and Wales.

Upload documents, screenshots and photos for even more relevant responses. Free 14 days trial in 1min – no credit card required, afterwards just £15/month on our website. https://www.unwildered.co.uk

Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances and the evidence available.

Get answers now. Free trial!

No credit card required.

unwildered

Make the best legal information accessible and affordable starting with England and Wales.

Subscribe to the newsletter