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Comments

  • Registered Users Posts: 380 ✭✭Gman1987


    Wouldnt say I'm an exceptional farmer anyways!! I wouldnt have much on the capital allowances side so that prob drives up the profit, wouldn't be at €25k every year but would be in the region of €15k to €25k. I could always go off and buy a new tractor to sort the tax bill!!! Like @straight I'd like to be retaining more of the earnings so it would be available in the event that I got an opportunity to buy land.

    How long is the process generally to set up a company? Presume most get an accountant to do it for them. You mentioned director loan to the company, I wont be in a position currently to take much advantage of this as I dont have livestock currently but presume a director loan of cash is possible also? I'm thinking in order to buy cattle next year I would like to loan that money to the company from my personal funds if that is possible.



  • Registered Users, Registered Users 2 Posts: 940 ✭✭✭Stationmaster


    Company can be set up in a week/ten days. Setting up the bank account in the company name will probably take longer to be honest.



  • Registered Users Posts: 211 ✭✭KAMG


    A week or so to set up a company. Your accountant should be able to do it.

    Ya, it's no trouble putting money into company. It's usually money going the other way that causes problems



  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    Remember if you incorporate the money is no longer yours. Its now company money

    You will pay 15% tax to any profits in an incorporated company and the accountant will be more expensive as they will charge you for both sets of accounts you personal accounts and your company accounts.

    On your farm profits of 25 k you now pay 13k. in the new senario you will pay 3750 euro plus another 6-700 extra in accountancy fees minimums maybe even a tad more. There will be extra costs as well such as if you register a child as an employee.

    Remember this may only be a short term issue if you have children they will be available when they get to 14/15 to use up tax issues. While you can employee them through the company as well and before paying tax on profits the benefit of incorporation is not as noticeable.

    The main advantage of incorporation is if you want to buy land down the line or carry out other investment, however if you want to access the money you still have a tax issue but you have already paid 15% on it and now have personnel tax again. You could have a couple of 100k in the farm account and have no real use within the company for it and accessing it outside the company will see 50% go to the tax man.

    Pension contributions for yourself or spouse should be done before incorporation as well

    I am semi retired and I have postponed drying my pension as I am using all tax allowances for farm/rental profits.

    Over the next couple of years some of the spending will be more lifestyle choices rather than paying tax.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭Tonynewholland




  • Registered Users, Registered Users 2 Posts: 1,455 ✭✭✭Wildsurfer


    You can sell in buildings to increase your directors loan but you will have to pay stamp duty on the sale, so short term pain for a long term gain. On not incorporating because you have capital allowances left I wouldn't agree, we did the sums here and bottom line was even after including capital allowances it still made financial sense to incorporate, and especially for dairy farmers I would think they will be exorbitant tax bills next year. Its not as if one won't ever build again, if anything you will have more cash on hand to consider such projects.



  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    Sorry I forgot the 15% rate coming in is only for large companies. However you still have the same issue with getting money out

    Slava Ukrainii



  • Registered Users Posts: 211 ✭✭KAMG


    As I already said, each case is different. That's why people need to talk to their accountant rather than people on Internet.

    Re buildings, you clearly don't get my point. Most big dairy farmers are incorporated at this stage.

    Most, that had large plans re new buildings, got good advise. Took the advise. Incorporated. Then built, through company, using the after tax profits to help fund it, along with bank finance.

    I don't see the point in being tax inefficient and casually throwing away well earned capital allowances when there are often other ways to reduce tax.



  • Registered Users, Registered Users 2 Posts: 5,030 ✭✭✭straight


    I guess you could drip feed the money out through wages for yourself up to the top of the 20% bracket. Pay your children out of the company up to the max too? I don't know. I have alot to learn about it but will probably end up incorporating next year. If you leave the money in the company and buy land with it then the company owns the land I guess.



  • Registered Users, Registered Users 2 Posts: 1,455 ✭✭✭Wildsurfer


    There will be a lot of people incorporating over the next year or so if milk price stays high and people realise the tax bills they are facing. Its kind of obvious that a person will consult an accountant to discuss the best options, but talking it over with people who have already gone that route be it on the Internet or a discussion group etc is a good first step even if to give you an idea of what you should be asking your accountant.



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  • Registered Users, Registered Users 2 Posts: 1,455 ✭✭✭Wildsurfer


    As Straight said wages to the Director or directors up to the top of low rate tax band, monies paid to farmer to lease land to company and of course building up a large directors loan should be plenty for most people to live comfortably.



  • Registered Users Posts: 211 ✭✭KAMG


    I agree 100%. But my point is that most of the big hitters lets say, are already incorporated. Those smaller dairy farmers, operating up to this as a sole trader, are facing huge tax bills for 2021 and 2022. Probably biggest ever, even with the newish personal tax credits for self employed, higher tax bands and lower rates of USC. However, in my opinion, most of these farmers wouldn't have much buildings in recent years so aren't losing out on incorporation. So, it makes sense for them. I'm only talking about the person who changed to dairy farming in lets say 2017. First few years, a lot of capital outlay, took a large chunk out of the profits. No tax issues. Now, the building allowances are only taking a smaller bit off the profits, leaving the big tax bills. They are thinking about incorporating. I say, hold on. Think about it very carefully. What are your weekly spending levels? What loans are outstanding for land etc? What are the succession situation like? Its not just a matter of forming a company and no more tax. If there are big families with no other income apart from the farm, there will be PAYE on the wages taken from company.



  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    I would not discount advice/ information from people on the internet. Ya there can be a lot of BS but this idea that only accountants hold the third secret of Fatima where tax advice is concerned is not correct.

    You gave a real plaudit just because a lad had a 25k farm profit at drystock. I need a lot more information before I would not would not give an expression of approval. Last year was an exceptional year for profit for drystock much better than this year will be. That tax problem will not be as bad this year as costs are way up unless he is on a wetter than average farm.

    One thing he and his spouse have to be earning above 80k between them to be in the he higher tax bracket for all farming income. They could even be in excess of100+ k

    I be very slow to incorporate for what is a 9Kish difference between the two systems. If he has any capital investment plans on farm he will lose the advantage of offsetting farm losses against PAYE income.

    As you say there is other ways to reduce tax. However accountants are not the sole giver of that advice.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    Ya but if you want to take 50k out to give to a child or want money for investment outside the company. Yes you can get investment put into the company back out but drawing can be at a significant cost. A lot depends on if the spouse is working off farm.

    You said about building going in and drawing back the investment. The disadvantages are these are also around the house. If the company ever went bankrupt then you could have another farmer milking cows in your yard

    Slava Ukrainii



  • Registered Users Posts: 211 ✭✭KAMG




  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    Well if you cannot understand my point we will leave it at that

    Slava Ukrainii



  • Registered Users Posts: 211 ✭✭KAMG


    I think I understand what you're trying to say but I just want to be sure.

    I deal with facts you see. My only point is that each person knows their own situation or at least they should do.

    Each person's accountant should know their client's situation also. I'm not for one second saying that all accountants are some all knowing gurus. But simply, they should know better than some random lad off the internet. Its the modern version of some lad down the pub.

    Forums such as this as great too. Don't get me wrong. I'm also a part time beef farmer. Love it. And I have learned some great stuff from this forum down the years. And you yourself are one of my go to guys on the stock side of things. I really value your comments on a lot of topics. And in fairness, most of what you say is 100% re this issue. All I'm saying is that there are a lot of variables and people need to keep in mind that what suits one family might not necessarily suit another and in some cases could be very unsuitable.

    I wasn't having a go at Gman 1987. Fair play to him. All I was saying is that his situation is unusual. We have approx 200 clients with a 'Farm' Trade. Some are massive farms, others have a couple of hundred in grants and a few donkeys to draw grants. I honestly cannot think of any, off the top of my head, who are part time farming, with an off-farm income, with a taxable income of €25,000 after capital allowances being taxed at the top rate.



  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    There is a good few out there that would be but have nice shiny tractors, livestock boxes and landcruisers.

    Saw a factor agent that has bought a new jeep lately, he went up 10 years. I suspect that it's taxation issues. I bet you he has no pension fund.

    I seen a work maybe go and spend nearly 30k on a tractor ten years ago because he had a tax issue. He only told me afterwards. I explained to him about employing children he never knew about that.

    Some accountants ( especially smaller sole accountants) can be very poor or reluctant with tax advice. Most farmers are not the most astute business people.

    While you need to get an accountant to tailor your particular situation it's the different available options or long term outlook that you get here that often may not be available from an accountant.

    Slava Ukrainii



  • Registered Users Posts: 211 ✭✭KAMG


    Yes, that's my point. They would be top rate tax payers, if they didn't invest in something that will reduce the tax. Thats is what most do. If one of our clients is on the last year of 8 in capital allowances on a big tractor, we tell them in letter. It is letting them know and covering ourselves in case they point the finger in a years tie when tax bill goes up 3 or 4 grand.

    There are very few part time farmers that will pay €12,000 tax on a profit of €25,000 every year without seeking to do something about it.

    We get a few new clients every year that have come from other accountants and if what they say about them is true, they should be struck off.

    But I still feel a good accountant is invaluable. I know I'm biased but I think its true. Same with a good vet. Other things can be changed very easily.



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  • Registered Users, Registered Users 2 Posts: 4,343 ✭✭✭arctictree


    Just bought a new jeep last year. Full capital allowance over the next 8 years. All diesel and running costs are farm expense.

    The wife's car doesn't come near the farm accounts.



  • Registered Users, Registered Users 2 Posts: 5,286 ✭✭✭Grueller


    A new 42k hilux if in the high tax bracket costs €21k from in the hand income. Keep her 8 years and that is €50 per week. Not much with 3 boxes of fags a week. Then lads say a new vehicle is madness. If all other cap allowances are used it makes a bit of sense.



  • Registered Users, Registered Users 2 Posts: 1,114 ✭✭✭minerleague


    Do you end up paying the same amount of tax over a long period anyway? For example if you put a lump sum into pension in a good year to reduce income tax will you pay that tax when you retire and draw down the pension? Surely Revenue dont let money slip through the net or is company tax low just to entice multinationals and farmers piggyback on that ?



  • Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭Tonynewholland


    The director's loan and the retirement relief are the big bonus of a company. It could always change in time. Your right about the pension when your getting the old age pension and maybe still doing a bit of farming you could easily be pushed into the high tax rate again when drawing down your pension.



  • Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭Tonynewholland


    The jeep would still be worth that after 8 years



  • Registered Users Posts: 211 ✭✭KAMG


    Not necessarily. A person can access 25% of the value of pension at a certain age tax free. Then the amount taken after that is taxed at their marginal rate when taken. So maybe at top rate. But in most cases not. As the farm would usually have been passed on by then.



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  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    You have to understand pensions. Ideally you look at them longterm you are getting tax free gain for all those years. There is a few thing to remember. When your kids finish college you will tend to have a lot of excess income you can put in substantial funds then however present rules are changing.

    Remember what ever size fund you have you can take 25% of it tax free up to a sum of 200k(800k fund) and the next 300k( 2 million fund not that any of us will) you pay 20% tax at present.

    When you access the lump sum you have to take 4% a year every year minimum of the remaining funds

    Example you have a 500k fund you can take 125k tax free. That leaves 375k which at 4%/year gives you an approximate income of 15k/year. If you had no other income you pay no tax. Let's assume you add the present OAP you would be paying about 2500/year and that would be if you spouse had a similar income.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 11,258 ✭✭✭✭wrangler


    I'm just sorting mine at the moment, you can draw up to 15% per annum if it's an active retirement fund.

    Big advantage is that if you die the remaining money goes to your estate whereas if you go the pension route it's only guaranteed for five years if you die in less than five years



  • Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭Tonynewholland


    There's nothing stopping the government from dipping their hands in private pensions again when they get hungry.



  • Registered Users Posts: 211 ✭✭KAMG


    I don't really know what your point is. Sure, there is nothing to stop the Government doing anything in reality.



  • Registered Users, Registered Users 2 Posts: 7,149 ✭✭✭amacca


    Not to put words in another posters mouth but I assume the point/sentiment is could you be putting money into a pension only to have it taken off you down the line ...so better to spend it now or invest it in other things that are harder to take away....


    Personally I don't subscribe 100% to this as its fear based .... I invest in a pension for the tax relief and hope it won't be raped too badly by govt decisions.....but I wouldn't put all my eggs in one basket, a mix of asset types is your friend just as a mix of stocks/shares is a good idea long term in a (pension)fund



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  • Registered Users, Registered Users 2 Posts: 5,030 ✭✭✭straight


    Shiny metal is the last thing I'd buy to save tax. Buildings/facilities/pension would be my choice.



  • Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭Tonynewholland


    My point is obvious. A levy was put on private pensions not so long ago.



  • Registered Users Posts: 211 ✭✭KAMG


    Yes they did. About 12 years ago during the crash. The economy was in bits. Record unemployment. The IMF were in. A far cry from 2022 Ireland thankfully.

    My point is there is no point worrying about what might happen. People should base their decisions on current laws etc.



  • Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭Tonynewholland




  • Registered Users, Registered Users 2 Posts: 5,286 ✭✭✭Grueller


    Public sector pension here. New parlour 3 years ago, new cubicles this year and next, all land that neede it drained in 2014, calf feeder last year, 1km of new roadways last year. Next up is another slatted tank and a machinery shed. After that the 16 year old jeep might get a look in.



  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    I would not put all my eggs in one basket either. Retirement for many of us will be totally different to what many expect. People are healthier and fitter now than 20 years ago.

    Many may semi retire. While dairy will have different issues a person with a drystock operations if it generates a fairly decent income could use it as part of there retirement plan. I have a couple of small rental properties.andvhave picked up short term work pre and post COVID.

    While yes the government did dip into pension funds back 10ish years ago. The levy was a total of 2.7% over 6 years. In general pension funds gain 4-5% per year over a longer term.

    If you spread that levy over 10 years it was 0.27%/year. If you spread over 20 years it was 0.135%. Taking tax relief and compounded gain it was equivalent to a tax of 0.05% per year on the fund.

    If lads want to worry about that then I will leave them at it.

    I be much more worried about other tax changes than that one

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭Tonynewholland


    It's still over 5k on 200k pension pot. It's naive to think it won't happen again the way the workers to retired ratio is going.



  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    That 200k pension pot is probably made up as follows. 70-80k of tax free gain, 120-130 of contribution of which 48-52k is income tax relief. So owner put in about 72-76k in contributions

    I am not naive it could happen again. However it might not happen either. Its probably a 50/50 chance. Its probably a one in 20-30 year event at best.

    You are of the attitude that one should completely disregard pension investment because of an event that happened once in most pensions total life.

    As for that 200k pension it would still have gained in value and been worth 240-250k if there was no contributions or withdrawal in that time.

    Its called cutting off your nose to spite your face

    Post edited by Bass Reeves on

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 12,556 ✭✭✭✭AckwelFoley


    A good friend of mine in the US once said to me when I was moaning about a big tax bill, He said, if you're paying taxes, you're making money.

    Ultimately, you have to pay tax, but as mentioned, capital write-offs means you're spending money to avoid tax, BUT, if you're improving your asset and benefiting from the expenses, ie, better machinery better jeep etc, you're better spend that money than not, and end up paying taxes on income without any improvement to your asset or way of life.

    The priority spend would be on infrastructure, and operations.. ie something that increases valie of the asset and / or something that increases efficency, secondary to that would be heated seats in the wagon


    A good accountant pays for themselves. An accountant that's intimately familiar with agri business



  • Registered Users, Registered Users 2 Posts: 11,258 ✭✭✭✭wrangler


    I think you're being optimistic with your figures again, it's heavily taxed coming out unless you've no other source of income.

    Admittedly the recession hit my pension fund at the real wrong time but it recovered a good bit because I waited to 70.

    Your figures sound like a guy selling pension and then adds ''the value of your fund can rise as well as fall'' pfft



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  • Registered Users, Registered Users 2 Posts: 19,078 ✭✭✭✭Bass Reeves


    Taking that lad with a 200k pension fund, when he goes to draw it this is approximately what will happen

    He can take 25% or 50k as a tax free lump sum. There is 150k left you have tomtakeca minimum of 4%/ year starting within 12 months.

    Assuming the person qualifies for a full OAP and he takes the 4% (6k)every year his tax liability will be a few hundred euro.

    Where pensions catch people tax wise is where they are substantial funds ( above 500k) and where they probably have other investments and decide to wait until 65 or beyond to retire.

    A lot of people can over find pensions and not retire early enough. However even u. The most extreme cases after taking the 25% lump sum. Even if they go over the 200k threshold they will get substantially more out than they invested.

    If you want to avoid Irish tax move abroad Portugal for I stance gives you the option of a 10% flat tax on pensions payments.

    For instance if you had a 2 million euro pot and took the 500k over there you would pay 50k instead of 60k on it. Your could make substantial draw downs for ten years at 10%. This would be advantageous where you were accessing this pension income at the higher rate in Ireland.

    There is always solutions if you look for them

    Post edited by Bass Reeves on

    Slava Ukrainii



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