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Dear Karen,
I am thinking of giving the lands to my son in the next few years before he turns 35, the cut-off point for claiming the Young Trained Farner Relief in respect of Stamp Duty.
I would like to do something before then, maybe to ease him into taking over the farm in full. I heard a farm partnership is a good idea How do I go about putting a farm partnership in place?
Having a well-drafted written partnership agreement is critical. There is always the potential within family partnerships, in particular, where disputes get out of control.
Some of the most important provisions that should be included in a partnership agreement should be the definition of the activities to be included in the partnership, the names and addresses of the parties to the partnership, the percentage of ownership of each partner, the definition of profit sharing ratios, procedures for resolving disputes, details as to who can bind the partnership and legal agreements and contracts, the duration of the agreement, details identifying resources and capital being provided by all parties and details as regards to establishing bank accounts and the herd number, details of how accounts are to be prepared and the makeup of the capital account and details on repayment of capital.
This is not meant to be an exhaustive list, and a solicitor should always be consulted in advance of entering into a partnership or signing a partnership agreement. A registered family Farm Partnership is one possible option to consider as part of the succession planning process.
Registering the Farm Partnership also allows the partners to avail of certain tax credits and grants.
The registration of a Farm Partnership is governed by the registration of Farm Partnerships Regulations 2015. Some of the requirements are as follows:
There is also a grant available for setting up registered Farm Partnerships, which can be claimed after the professional fees have been paid and the partnership has been established.
Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main Street, Midleton, Co Cork, and also the author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate.
Email: info@walshandpartners.ie
Web: www.walshandpartners.ie
While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.
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Tell us briefly about your situation and we’ll get back to you.
Tell us briefly about your situation and we’ll get back to you.
