Written answers
Thursday, 26 May 2016
Department of Finance
Tax Relief Eligibility
James Browne (Wexford, Fianna Fail)
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58. To ask the Minister for Finance his plans to extend stamp duty consanguinity relief to farmers of over 67 years of age; and if he will make a statement on the matter. [12334/16]
Michael Noonan (Limerick City, Fine Gael)
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Consanguinity relief is a relief which halves the normal stamp duty rate on transfer of non-residential property between certain relatives. The relief was scheduled to expire after 31 December 2014.
The Agri-taxation review supported the retention of a more targeted version of this relief where it facilitates access of land to younger farmers.
Consequently, Finance Act 2014 extended the consanguinity relief for three more years subject to a number of conditions one of which is that between 1 January 2016 and before 1 January 2018, only a conveyance or transfer by a person under 67 years of age can qualify for relief.
In addition, the relative who acquires the land or a person to whom the relative may lease the land for a period of not less than 6 years, must be either a farmer with an agricultural qualification or a farmer who spends not less than 50% of his or her normal working time farming the land on a commercial basis and with a view to the realisation of profits.
Farmers of any age who wished to transfer their land to a close relative had an opportunity to do so before 1 January 2016, and this was flagged in advance.
I have no plans for any further changes to this relief.
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