The Finance Acts 1998 and 2000: can the owners of agricultural land continue to gain from their capital disposals?

This paper seeks to analyse and discuss, from the perspective of the owners of agricultural land, the main changes to the Capital Gains Tax regime introduced in the Finance Act 1998 and subsequently amended in the Finance Act 2000. The replacement of indexation with a new Taper relief is examined, along with the phasing out of Retirement relief, and the interaction of Taper relief with Rollover relief. The opportunity for tax mitigation by the owners of agricultural land is critically examined.

“Financial alchemy” or a zero sum game? Real estate finance, securitisation and the UK property market

Following the US model, the UK has seen considerable innovation in the funding, finance and procurement of real estate in the last decade. In the growing CMBS market asset backed securitisations have included $2.25billion secured on the Broadgate office development and issues secured on Canary Wharf and the Trafford Centre regional mall. Major occupiers (retailer Sainsbury’s, retail bank Abbey National) have engaged in innovative sale & leaseback and outsourcing schemes. Strong claims are made concerning the benefits of such schemes – e.g. British Land were reported to have reduced their weighted cost of debt by 150bp as a result of the Broadgate issue. The paper reports preliminary findings from a project funded by the Corporation of London and the RICS Research Foundation examining a number of innovative schemes to identify, within a formal finance framework, sources of added value and hidden costs. The analysis indicates that many of the gains claimed conceal costs – in terms of market value of debt or flexibility of management – while others result from unusual firm or market conditions (for example utilising the UK long lease and the unusual shape of the yield curve). Nonetheless, there are real gains resulting from the innovations, reflecting arbitrage and institutional constraints in the direct (private) real estate market

Protecting degraded rainforests: enhancement of forest carbon stocks under REDD+

The likely Reducing Emissions from Deforestation and Degradation (REDD+) mechanism includes strategies for the enhancement of forest carbon stocks. Recent concerns have been expressed that such enhancement, or restoration, of forest carbon could be counterproductive to biodiversity conservation, because forests are managed as “carbon farms” with the application of intensive silvicultural management that could homogenize diverse degraded rainforests. Restoration increases regeneration rates in degraded forest compared to naturally regenerating forest, and thus could yield significant financial returns for carbon sequestered. Here, we argue that such forest restoration projects are, in fact, likely to provide a number of benefits to biodiversity conservation including the retention of biodiversity, the prevention of forest conversion to agriculture, and employment opportunities for poor local communities. As with other forms of forest-based carbon offsets, there are possible moral hazard and leakage problems with restoration. However, due to the multiple benefits, we urge that enhancement of forest carbon stocks be detailed as a major component in the future negotiations of REDD+.

The Finance Act 1998: can the owners of agricultural land continue to gain from their capital disposals?

This paper seeks to analyse and discuss, from the perspective of the owners of agricultural land, the main changes to the Capital Gains Tax regime introduced in the Budget of March 1998 and contained in the Finance Act 1998. The immediate replacement of indexation with a new Taper relief is examined, along with the phasing out of Retirement relief, and the interaction of Taper relief with Rollover relief.