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 Hobby farmers targeted in tax crackdown 

Hobby farmers targeted in tax crackdown

29 Apr, 2009 03:54 PM
DROUGHT-affected broadacre farmers and small rural communities could be the unintended victims of a Government plan to crack down on tax loopholes enabling hobby farms to be claimed as a tax deduction.

It's believed the Government is looking at changing the tax ruling which until now has enabled hobby farms and other lifestyle assets to be claimed as tax deductions.

The Government hopes the move, to be included in this year's Federal Budget, will save as much as $700 million a year.

Under the current tax provisions, a salaried employee can claim expenses from other businesses they own which make a loss.

While hobby farmers have never been considered genuine farmers, in recent years they have injected huge amounts of money into struggling rural communities, and in some instances have revitalised ghost towns into happening lifestyle hamlets.

The sea change and tree change boom also drove up property prices in many regions within a few hours drive of the big smoke.

The phenomenon was also behind a carve-up of prime farming land into subdivided lifestyle acreage.

It's feared a crackdown could see that private investment in regional communities disappear overnight, according to some rural supply merchants, many of whom have survived on the hobby farm trade during the drought and downturn in mainstay commodities like wool.

It's also feared drought-affected farmers, who have been forced to find off-farm income after making successive losses in their farm businesses, could also be caught up in the crackdown.

Up to half of all income earned by farmers could now be made off farm, according to the National Farmers Federation, which is lobbying to have the Government carefully consider the move and the definition of hobby farmer.

The classification of a hobby farm varies within the Government – ABARE's definition determines farm income of less than $22,000 a year to be a hobby farm operation, while the Australian Bureau of Statistics is somewhere around the $5000-mark.

There is no specific classification at the Australian Tax Office, but there are pages of rules setting out what can and cannot be deducted under certain circumstances for primary industries.

Rural merchandise businessman, Roger Willoughby, owns Gunning Rural Supplies about 60 kilometres from the national capital, Canberra, and says the Government would be wrong to include this measure in the budget because hobby farmers give far more to communities and regional communities than what the Government hopes to save.

Mr Willoughby says the hobby or lifestyle farmers now make up 28 per cent of his business in what was a predominantly fine-wool growing region.

He said while many of the larger farmers were struggling to carry out the environmental services needed to look after the land, hobby farmers had the money and enthusiasm to regenerate their smaller properties and the country was visibly better for it.

Mr Willoughby recently started an "out of town group" as a network for lifestyle farmers.

He holds the meetings at night, after business hours, so Canberra commuters can still attend.

He said the smaller farmers on 200-acre blocks would spend equal or greater on weed control, for example, than farmers on the 2000-acre blocks.

"Bigger farmers have been doing it tough, and when you don't have a lot of money, the environment suffers," Mr Willoughby said.

"We've seen Gunning grow and grow as a little town, our pre-school is in good shape, the environment on many of these smaller blocks is improving, and it's because these hobby farmers are adopting more services, they're spending more money and they're supporting their local communities."

He said the hobby farmer market enabled him to keep on the staff and resources needed to service the larger farmer.

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Hobby seems to be a nonsense word used to describe any small farm. We also hear 'tree changer' etc......... Who is one of these real farmers referred to....... a public company manager who really has nothing more than a commercial interest in a business... or a small acreage owner who has a genuine interest in the land and the community, and who supports the sustainable line of thinking? I put it to this forum that there are a lot of genuine poser farmers out there that contribuite a lot to their bank in interest but may not invest to the same level in their local regional community.......but they have the big area and big imported gear. It seems a little unbalanced that anyone investing with a genuine interest in regional area and happens to live in a city is considered an easy target. The regional areas need to 'populate or perish' .... and why shouldn't a small farmer caring for the land be entitled to the same tax deductions for looking after it as the public or private company with many little investors who invest in them with full negative gearing capability as well as the deduction through the company. Target the companies not the small (hobby?) farmer, who may stimulate the local economies much more effectively. Most would be happy with an even playing field.
Posted by pepper, 29/04/2009 9:53:39 PM
We purchased our property in 2003 (not a hobby farm) and went straight into five years of drought. We will need a few good years before we can fully stock. This is the first year we have generated any sensible income, although not enough to cover the ongoing upgrade to a very run-down property. We generate enough to keep going through off-farm business activity. Will we fall through this trap-door? Maybe, but not without a fight. One of the problem areas as I see it is that the shiny-seat-of-the-pants bureaucrats who make these decisions earn bigger salaries than most full-time farmers will ever earn in income. And these bureaucrats never risk their own assets in business. They do very nicely and salary-sacrificie to minimise their own tax and build massive superannuation accounts. Look at the tax breaks they give themselves there! They have no concept of what it is to survive in a drought. But if it is not just a money grab, let it be formalised. Declare an enterprise out-of-bounds as primary producing business and have a five year moratorium placed on the ATO being able to tax any income from the business. You will find they want to have their cake and eat it!
Posted by PJ, 30/04/2009 7:52:54 AM
This seems like another push from misguided politicians to force more people into the big cities like Brisbane, only to realise that the big cities don't have the required infrastructure, and more government dollars will be needed to be spent maintaining the imploding ant nest called the city. Any "saving" made by the government will quickly be swallowed up in propping up the ant nest and the queens ant, not to mention the drones that run the place. The government should be encouraging regional development and communities, rather than discouraging them.
Posted by antonbiz, 30/04/2009 10:02:07 AM
Yes, I can just imagine the consequences of this. How many farmers have lost reasonable access to water and had their incomes slashed dramatically, either by the actual lack of water or the government separation of water from the land title. Now the government can classify these people as hobby farmers and tax them into extinction.
Posted by John Michelmore, 30/04/2009 10:35:08 AM
Hmm - narrow thinking. What about those that want to set up an orchard or any other farming business with a long lead time. Ours has been set up using off farm income to develop the orchard until it reached a cash positive state. This took 6 years! Without the ability to offset the loses against our off farm tax, we would never have gone ahead. We could have borrowed a lot of money to see us through, but bad years or higher interest rates would quickly see the bank take the farm. Please ATO, think very hard before going with this one.
Posted by The orchardist, 30/04/2009 11:17:18 AM
Seems to be a set of rules for the city and another for the bush! As a primary producer running 80-100 head of cattle, still having to work full time to support the family, and busting our guts on weekends to keep on top of the farm; Under these proposed changes I'd probably be considered a hobby farmer and entitled to no deductions if we made a loss. But if I bought a rental house in town, sat on my arse and negative geared the property, I could claim all losses as deduction. Seems real fair to me.

The previous property we owned was a 28acre hobby farm, which was our principle place of residence. When we sold we had to pay capital gains tax on 23acres of this as the tax office ruling is that only five acres and the residence is exempt from capital gains. But Mr Rich on the Gold Coast can sell a mansion for 10 million and pay no capital gains. Totally ludicrous. Another example of prejudice against the rural community.

Posted by Darren D, 30/04/2009 8:36:49 PM
The British Government used similar cynical exploitation of subjects who had no voting power. They could impose policy over colonial subjects who had no voting voice and send them to their deaths in ill-concieved wars at no risk to their own re-election. Now Australian Governments similarly impose ever more ridiculous policy on a powerless constituancy, not because it is good policy for this nation, but because they can appease city centric voters desire to flog devious, cruel and environmentally destructive farmers (small and large), at zero risk to their own positon. Agri politics and peak farmer bodies are also about self aggrandisement. We, that is farmers up and down the value and supply chain need the leadership, cohesion, direction of a political voice that means business. Enough is enough.
Posted by gutfull, 30/04/2009 11:45:06 PM
What would you expect in the communist country that we now live in?
Posted by High Country Gent, 1/05/2009 6:48:46 PM
This is another way the government can get all their $900.00 lots back that they have given to you me. Nothing is given out for free.
Posted by richardcolum, 4/05/2009 10:19:28 PM

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