Written answers

Tuesday, 29 January 2019

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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180. To ask the Minister for Finance his views on a matter (details supplied); and if he will make a statement on the matter. [4355/19]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Commission Regulation (EU) No. 702/2014 of 25 June 2014, commonly known as the Agricultural Block Exemption Regulation (ABER), is the Regulation under which certain categories of State aid can be granted to the agricultural and forestry sectors.

ABER became operational on 1 July 2014 and has had direct effect in all Member States since then. This means that the ABER rules apply directly to beneficiaries in Ireland regardless of our domestic Irish law and without having to be enacted in our tax legislation. Sections 21 (income tax and corporation tax measures) and 48 (stamp duty measures) of Finance Act 2018 (No. 30 of 2018) amend the relevant domestic tax legislation to provide greater clarity for the farming sector in relation to the ABER rules.

One of the conditions imposed by the regulation is that the aid be granted to a “young farmer” which means a person who is no more than 40 years of age on the date of submitting the aid application, possesses adequate occupational skills and competences and is setting up for the first time in an agricultural holding as a head of that holding.

I am aware that concerns as to the possible detrimental effect of this measure on the intergenerational transfer of farmland have been expressed by farm representative bodies.

Officials from my Department, Revenue and the Department of Agriculture, Food and Marine have met with both members of the Irish Farmers Association and Macra na Feirme to discuss these concerns and work is ongoing on this matter.

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