Posted Sep 2023
Since the last Energy in Agriculture conference at Gurteen, the focus on Irish farmers and renewables has intensified. Challenging targets set under the Climate and Low Carbon Emissions Act 2015 allied with the impact of the war in the Ukraine have provided a focus like never before on the benefits of renewable energy
Many farmers see renewables as an attractive diversification
There has been increased competition for suitable sites for solar and wind
Farmers and landowners should ensure that they are getting the best commercial adopted. terms available and that their long-term interests are protected in the option and lease agreements.
There are a number of issues that farmers need to consider carefully before proceeding
These include tax issues on farm succession and the rate of income tax that is applicable to the rent. Issues of BPS and inheritance tax need to be carefully considered.
Farmers need assurance that adequate protections are in the option and lease agreements for insurance. protection of livestock, limitations on restrictions on adjoining lands and that an adequate decommissioning bond is put into clear the land and reinstate and reseed at the end of the agreement
With the increase in competition from developers, if landowners come together as a group, they will be able to negotiate a better deal for the group.
We constantly seek to engage with the developers on the most tax-efficient way for farmers to take their income-for example, by taking a ‘B’ shareholding in the development. There is considerable pushback from developers on this, but it can be very attractive for landowners if was to be
TAXATION ADVICE
Given the range of issues and the potential impact upon the family and the farm, it is essential that farmers obtain specialist legal and taxation advice before entering into option and lease agreements.
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