Part 2Trading income

Chapter 8Trade profits: herd basis rules

Elections

124Herd basis elections

1

A herd basis election must specify the class of production herd to which it relates.

2

A herd basis election must be made—

a

on or before the first anniversary of the normal self-assessment filing date for the tax year in which the first relevant period of account ends, or

b

if that is the tax year in which the farmer starts to carry on the trade and the farmer is not a firm, on or before the second anniversary of the normal self-assessment filing date for that tax year.

3

The first relevant period of account” means the first period of account in which the farmer making the election keeps a production herd of the class to which the election relates (but see subsection (8)).

4

A herd basis election cannot relate to more than one class of production herd, but separate elections may be made for different classes.

5

A herd basis election is irrevocable.

6

A herd basis election has effect in relation to all production herds of the class to which it relates, including any which the farmer—

a

has ceased to keep before making the election, or

b

first keeps after making the election.

7

A herd basis election has effect for every period of account in which the farmer—

a

carries on the trade, and

b

keeps a production herd of the class to which the election relates.

8

If the farmer is a firm and there is a change in the persons who are partners in the firm—

a

any herd basis election made by the old firm ceases to have effect, and

b

in relation to the new firm, “the first relevant period of account” means the first period of account in which the new firm keeps a production herd of the class to which the election relates.