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The Rural Voice, 1995-01, Page 34Passing the farm to the next generation Quick! Can you name three ways to pass the ownership of your farm to your son or daughter? The answer is by bequest, by gift, or by sale. Chances arc you knew the answer to the question. In fact if you arc at the stage where you arc considering such a transfer you may be weighing out the pros and cons of each method. Transfer by bequest: Pros — Most farm assets can be transferred from parent to child upon death through a will, free of immediate tax. Cons — Transferring by wills alone can cause uncertainty for children and can be contested by other beneficiaries. Transfer by gift: Pros — It helps the child gain equity that can in turn be used to borrow other capital. A gift can defer income tax on capital gains and on recapture of capital cost allowance. Cons — Parents cannot, in some circumstances afford to be so generous because of their own retirement needs. Transfer by sale: Pros — Some children would rather buy at Fair Market Value than face the uncertainty of a will. Parents can take different forms of security for the sale. Cons — The sale of assets at Fair Market Value to family members is the same as a sale to anyone else. You need to do some additional planning to create the desired tax results. If you choose the latter method you have several options. Outright sale: In some cases a child may prefer to get financing from a private source. Sometimes a child prefers owing money to an institution over payments to a family member. If you sell at fair market value, normal tax calculations will be made and some additional planning will be needed to take advantage of tax deferrals. Sale with mortgage back: Title to the property is exchanged and the parent receives security in the form of a mortgage registered against the title. This arrangement can be helpful 30 THE RURAL VOICE Advice when the child cannot raise the necessary funds or the parent wants to spread some non -deferred capital gains over several years. Agreement for sale: In this arrangement the child receives possession of the property but the parent retains title on the property until the payment is completed. The parent has a stronger security and can be more forceful in demanding payments. Promissory note and bills of sale: These instruments arc most commonly used to transfer inventory and equipment and to a lesser extent, land and buildings. But a promissory note is not a security for a debt but only evidence of the debt. Option to purchase and buy sell agreements: These are used to give some assurance to children who are involved in a farming operation but do not have title to the farm property.0 By Rob Gamble Business Management Advisor LUCK Built to "NOW Last EQUIPMENT LUCKNOW FOUR AUGER MIXER FEEDER Designed to professionally mix farm feeds such as haylage, silage, shelled corn, meal & concentrates. 285 cu. ft. and 375 cu. ft. models available. MIXER WAGONS Stationary, Trailer or Truck Mounted • All Mixer Wagons use a 4 Auger Design for even mix • 120 cu. ft. to 575 cu. ft. • Electronic scales available • or build to spec. SNOWBLOWERS Single or double auger models from 60" to 102" Yes! We're at the Canada Farm Show Stop by and see our display - Hall 4, Booth 407 FEBRUARY 7-10, TORONTO MANUFACTURED BY HELM WELDING LIMITED LUCKNOW, ONTARIO, CANADA PHONE 519-529-7627