With the government aiming to achieve a fivefold increase in the UK''s solar power capacity to 70GW by 2035, many agricultural landowners are considering solar photovoltaic developments on their land.. This commercial
In this article, Nicola Parkinson and Kathryn Brook, specialist lawyers from Walker Morris'' Tax and Infrastructure & Energy teams respectively, highlight potential tax issues associated with solar farm developments. This
Landowners considering granting a solar panel lease of their land should engage with their accountants and tax advisers to consider the tax implications. Letting the land for solar PV will mean that it is no longer used for
If you''re considering leasing your land for a large-scale solar project, you''ll need to assess your property critically from the get-go. Now, let''s look more closely at typical solar farm land requirements to see how your
The solar company conducts feasibility studies to assess the land''s potential for solar power generation. If the land meets the requirements, the company will negotiate a lease agreement with the landowner, specifying the
Land-Use Requirements for Solar Power Plants in the United States Sean Ong, Clinton Campbell, Paul Denholm, Robert Margolis, and Garvin Heath Technical Report Distribution of
Other states have passed "solar easement" and "solar access" laws to help preserve access to land or light for solar energy generation. Compare: State Direction of Municipal Authority Over
With the UK government legally committed to meeting 15% of the country''s energy demand from renewable sources by 2020 there is currently an opportunity for landowners to look into creating solar farms. As with any change of use
While land held in a discretionary trust will be subject to ten-year anniversary IHT charges at a maximum of 6 per cent, the tax can be paid in instalments over a ten-year period and the higher income streams from the
The ''sun tax'' will soon charge solar panel owners who send their extra electricity back to the grid at peak times, typically during the day. (Nine) The tax was developed to reduce congestion
What are the tax implications? Renting land for a solar farm is a commercial lease and is not an agricultural use, so Agricultural Property Relief from inheritance tax may be lost.
Inheritance tax (IHT) is another very important consideration. While solar land may be classed as agricultural from a planning perspective, for tax purposes it ceases to be so the moment the lease is signed.
In this article, Nicola Parkinson and Kathryn Brook, specialist lawyers from Walker Morris’ Tax and Infrastructure & Energy teams respectively, highlight potential tax issues associated with solar farm developments.
Renting land for a solar farm is a commercial lease and is not an agricultural use, so Agricultural Property Relief from inheritance tax may be lost. Transferring ownership of the land to another individual or trading entity before any development starts may be worth considering, to minimise the tax implications, but seek professional advice.
There are major tax implications for landowners to consider before entering into solar farm lease agreements as in the worst case scenario income could be taxed at 63%.
Detailed tax advice may be required and new ownership structures put in place prior to signing the option agreement with the solar developer or undertaking the development, so plenty of time should be allowed for this and the cost included in the overall project budget.
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