Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I understand the purpose of this recommendation is to deal with concerns that an individual who inherits agricultural property while living abroad and who wants to actively farm that property will not qualify for capital acquisitions tax agricultural relief, because he or she may not be able to return home for some time in order to do so. The relief is designed to encourage active farmers to productively use lands inherited and, as such, the Revenue Commissioners will apply the legislation flexibly to ensure that genuine cases can qualify for the relief in circumstances where they may not satisfy the strict letter of the law. Therefore, that flexibility is there.

It would be difficult in the view of the Minister for Finance to legislate specifically for the multiplicity of situations that can arise in this regard, such as the situation envisaged in the recommendation or variations of that situation. However, provided that the main conditions attached to the relief are satisfied, relief would not be refused in regard to any enforced delay an individual may experience. Given the flexibility that the Revenue Commissioners are preparing to apply in bona fide cases in regard to the relief I do not propose to accept this recommendation.