Overview

Farming remains a cornerstone of the South African economy, and its taxation sits deliberately apart from the general scheme of the Income Tax Act. The First Schedule, read with sections 12B, 13sex and 11(e), the zero-rating provisions of Part A of Schedule 2 to the Value-Added Tax Act and the diesel rebate regime, recognises the biological risk, seasonality and market volatility inherent in agricultural production. The consequence for practice is that classification governs everything that follows: whether a taxpayer is farming at all, whether receipts constitute farming income rather than manufacturing or rental income, and whether produce has become trading stock, together determine access to allowances, exposure to ring-fencing and the availability of the rating formulas.

This session works through the farming provisions in the order in which a practitioner encounters them in an engagement — from establishing farmer status on the authority of ITC 1548, CIR v D&N Promotions, Avenant v SARS and Kluh Investments, through the stock, ring-fencing and allowance calculations, to the value-added tax, diesel rebate and estate planning exposures that arise at the periphery of the farming computation. It is directed at practitioners advising agricultural clients, accountants preparing farming financial statements and tax computations, and tax professionals reviewing farming structures for succession and risk. Participants gain a defensible method for classifying farming income, a working command of the ring-fencing and allowance sequencing rules, and a clear view of the record-keeping that SARS expects of a farming taxpayer.

Webinar Content

• Who qualifies as a farmer: intention and reasonable prospect of profit, the carrying of biological risk and ownership of the produce or livestock, examined through ITC 1548, CIR v D&N Promotions, Avenant v SARS and Kluh Investments, together with the treatment of game farming under Interpretation Note 69.
• Farming income defined and delimited: proceeds of livestock and produce, ancillary activities integral to the operation, domestic use and non-trade disposals, and the exclusion of farmland rental and services rendered to others.
• Farming distinguished from manufacturing: the degree-based test in Ko-operatieve Wynbouwers and the consequences of misclassification for allowance eligibility, ring-fencing exposure, VAT treatment and access to the rating formulas.
• Stock, floating capital and records: opening and closing livestock, categorisation by age and type, the point at which produce becomes taxable stock under Interpretation Note 79, and the cost centre separation, livestock roll-forwards and IT48 disclosures on which SARS relies.
• Ring-fencing: the paragraph 8 limitation on livestock purchases and the paragraph 12 limitation on capital development expenditure, including the exceptions, the carry-forward of unredeemed amounts, the absorption of recoupments and the base cost consequences on disposal.
• Capital allowances and their sequence: section 12B on machinery, implements and renewable energy assets, section 13sex on residential units, and section 11(e) as the residual — and why the order of application is decisive.
• Forced sales, drought relief and rating formulas: paragraph 13 replacement elections, the paragraph 13A Land Bank deferral, and the paragraph 19, paragraph 15 and paragraph 17 formulas together with the exclusions between them
• VAT, diesel rebates and structure: the vendor-based nature of the Part A zero-rating, the distinction between products and services, the Langholm Farms decision on diesel stored and used on the taxpayer's premises, and the estate planning consequences of holding a farming operation personally rather than in a company, including section 9HA.

Competencies Developed

• Determine, on the authority of the case law and SARS guidance, whether a client's activities constitute farming for tax purposes — the classification on which every subsequent allowance and limitation depends.
• Distinguish farming income from manufacturing and rental income, and recognise the point at which a processing step forfeits access to the First Schedule.
• Follow the farming computation through opening and closing stock, floating capital adjustments and the paragraph 8 and paragraph 12 ring-fencing limitations.
• Apply capital allowances in the correct sequence — section 12B before paragraph 12 capital development expenditure, with section 11(e) as the residual — and identify when section 13sex is available.
• Identify the value-added tax and diesel rebate exposures peculiar to farming clients, and the record-keeping required to sustain a claim under scrutiny.
• Strengthen the professional judgment to recognise when a farming structure, a forced-sale election or a choice of rating formula warrants a written opinion rather than routine treatment.

Presenter

Carmen Westermeyer

Com(Honours Accounting) [UND] CA(SA)

Carmen Westermeyer graduated in 2001 from the University of Natal, Durban (now UKZN), with a BCom Honours degree in Accounting and completed her articles with PwC, where she remained until 2006. She has been a member of SAICA since then.

In 2008, she started her academic career at UKZN, where she performed a number of functions, taking on the role of Academic Leader for Taxation. On leaving academia in 2013, Carmen has been providing training and consulting services to the profession. She has presented on behalf of various professional bodies, such as SAICA, FASSET, CSSA as well as providing in-house training to numerous accounting firms. The topics covered include all aspects of income tax, VAT, estate duty as well as the health levy (sugar tax). In addition, she regularly consults on tax matters as well as assisting with SARS disputes.

She is also the Chair of the SAICA Eastern Region Tax Committee, a member of the SAICA National Tax Operations Committee and is an Accounting Member of the Tax Court.

CPD

Attending this webinar and the successful completion of the online assessment will secure a certificate of completion for 2 hours of Tax CPD.

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