BIM55100 | Farming in tax law: Wholly or mainly for the purposes of husbandry

"Husbandry" is not statutorily defined and one of its dictionary meanings is "farming". The statutory definitions of "farming" (see BIM55051) thus have a degree of circularity and should be given a common-sense interpretation to include activities normally recognisable as farming such as growing crops and the raising of farm livestock (see Lowe v J W Ashmore Ltd [1970] 46 TC 597).

The definition does however presuppose a connection between the activity and the occupation of land which goes beyond the mere use of the land as a site for the activity (see CIR v The Cavan Central Co-operative Agricultural and Dairy Society [1917] 12 TC 1). Thus certain intensive enterprises may fall outside the definition (see BIM55105).

Market gardening (see BIM62600 onwards) is specifically excluded from the statutory definitions.