Finance Act, 1974

Farm land occupied or deemed to be occupied by an individual.

17.—(1) For the purposes of this Chapter, farm land shall be I deemed to be occupied by an individual where it is occupied by his wife or it is farm land of which he or his wife is the beneficial owner or of which they are the beneficial owners and which is occupied by any other person or persons.

(2) Where farm land is occupied by an individual, or by his wife, in partnership with any other person or persons and neither he nor his wife is a beneficial owner of the farm land, the individual shall be deemed to occupy a proportionate part of that farm land and the rateable valuation of the proportionate part shall be so much of the total rateable valuation of the said farm land as bears to the said total rateable valuation the same proportion as his or her share, as may be appropriate, of the profits or losses on an apportionment thereof made in accordance with the terms of the partnership agreement as to the sharing of profits or losses bears to the total profits or losses of the partnership.

(3) Where farm land is beneficially owned by an individual, or by his wife, jointly with any other person or persons but is not occupied by the individual or his wife either solely or jointly with any other person or persons, the individual shall be deemed to occupy farm land the rateable valuation of which is an amount which is equal to such part of the total rateable valuation of the land of which he or his wife is a beneficial owner, as is proportionate to his or her share in the beneficial ownership of the said farm land.

(4) Where farm land is beneficially owned by an individual, or by his wife, jointly with any other person or persons and the said farm land is occupied by the individual or by his wife, in partnership with any other person or persons, he shall be deemed to occupy farm land the rateable valuation of which is an amount which is equal to such fractional part of the total rateable valuation of the land of which he or his wife is a beneficial owner as is proportionate to his or her share in the beneficial ownership of the said farm land.

(5) The total rateable valuation of farm land occupied by an individual for a year of assessment shall be the sum of—

(a) the rateable valuation of all farm land occupied by him or deemed to be occupied by him by virtue of subsection (1),

(b) the rateable valuation of all proportionate parts of farm land deemed to be occupied by him by virtue of subsections (2), (3) and (4).

(6) Where farm land is occupied by an individual for part only of any year of assessment, the rateable valuation of the farm land so occupied shall, for that year of assessment, be deemed for the purposes of this section to be an amount which bears to the total rateable valuation thereof the same proportion that the length of the period during which the said farm land was so occupied in the year of assessment bears to twelve months.

(7) Where by virtue of subsection (1), (2), (3) or (4) farm land is deemed to be occupied by an individual and for any year of assessment the circumstances by reference to which he is deemed to occupy that farm land or any proportionate part thereof obtained for part only of that year of assessment, the rateable valuation of any farm land deemed to be occupied by him shall, for that year of assessment, be deemed for the purposes of this section to be an amount which bears to the total rateable valuation of the said farm land the same proportion that the length of the period during which the said circumstances obtained in the year of assessment bears to twelve months.