Matt Carthy (Cavan-Monaghan, Sinn Fein)
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186. To ask the Minister for Finance the estimated cost of including agricultural land which is subject to compulsory purchase order in capital gains tax entrepreneurial relief; and if he will make a statement on the matter. [48067/21]

Paschal Donohoe (Dublin Central, Fine Gael)
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I am informed by Revenue that statistical information in respect of entrepreneurial relief is available on the Revenue website at www.revenue.ie/en/corporate/documents/statistics/tax-expenditures/entrepreneur-relief-statistics.pdf. This includes the share of relieved disposal consideration related to agricultural land or buildings.

The cost of extending this relief to agricultural land disposals that are made on foot of compulsory purchase orders and do not currently qualify for entrepreneurial relief, is tentatively estimated to be in the region of €0.2m. This is based on CGT returns for the year 2018, the latest year available. This estimate is highly tentative as patterns of agricultural land disposal are not consistent from year to year.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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187. To ask the Minister for Finance if he has considered changing the criteria for agricultural relief in order that 90% relief would apply whereby a family farm is transferred into both spouses' names and either of the spouses meets the 80% asset test and active farming requirement; and if he will make a statement on the matter. [48068/21]

Paschal Donohoe (Dublin Central, Fine Gael)
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Agricultural Relief is a very valuable relief in the Capital Acquisitions Tax (CAT) regime. It allows the value of agricultural assets inherited (including farmland, buildings, stock) to be reduced by 90% of its value for the calculation of the CAT liability.

There are certain conditions which the beneficiary must meet order to avail of the relief, including that at least 80% of the total assets held by the beneficiary after receiving the gift/inheritance must be agricultural assets, and the beneficiary must be an ‘active farmer’.

I note the Deputy's suggestion that Agricultural Relief should apply where the farm is transferred into both spouses' names where the conditions are met by either of the spouses.

My officials have advised that the current operation of the relief, does not appear to be a barrier to participation in agriculture as outlined in the Deputy's proposal and the result (joint ownership) can be achieved without a requirement for legislative change.

This is because it is a long-held principal of the CAT regime that transfers of property between spouses is not subject to CAT.

Therefore, following a transfer of a family farm in the manner outlined by the Deputy, the farm can be jointly held by both spouses without any clawback of the Agricultural Relief.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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188. To ask the Minister for Finance the number of granted applications for agricultural relief in each of the years 2016 to date; the number of joint applications; the number of single applications; the number of sole female applications; the amount of relief provided in bands; and if he will make a statement on the matter. [48069/21]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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203. To ask the Minister for Finance the amount of relief claimed via young, trained farmer stamp duty relief; the number of those availing of the relief in each of the years 2016 to 2020 and to date in 2021; and if he will make a statement on the matter. [48088/21]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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205. To ask the Minister for Finance the amount raised in stamp duty on agricultural land for each of the years 2016 to 2020 and to date in 2021; the applicable rate for each year in tabular form; and if he will make a statement on the matter. [48090/21]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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206. To ask the Minister for Finance the amount raised in stamp duty in excess of that raised on the first million euros for each of the years 2016 to 2020 and to date in 2021, in tabular form; and if he will make a statement on the matter. [48091/21]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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209. To ask the Minister for Finance the amount raised in stamp duty on agricultural land by persons aged 35 to 40, 41 to 45, 46 to 50 and 50+ for each of the years 2016 to 2020 and to date in 2021, in tabular form; and if he will make a statement on the matter. [48094/21]

Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 188, 203, 205, 206 and 209 together.

Regarding Question 48069-21, it is assumed the Deputy is referring to Agricultural Relief claimed in respect of Capital Acquisitions Tax. Information in respect of the number of individuals availing of this relief for all available years is shown at www.revenue.ie/en/corporate/information-about-revenue/statistics/tax-expenditures/costs-expenditures.aspx. A breakdown of the income tax assessment status or gender of the claimants is not available as this information is not captured in the relevant tax returns.

In respect of PQ 48088/21, I am advised by Revenue that the numbers availing of the young trained farmer Stamp Duty relief and the Exchequer cost for all available years are published on the Revenue website at:

www.revenue.ie/en/corporate/information-about-revenue/statistics/tax-expenditures/costs-expenditures.aspx

The information for 2021 will be published during 2022.

Regarding Questions 48090/21 and 48094-21, I am advised by Revenue that the amount of Stamp Duty paid in respect of transfers of agricultural land, for the years 2016 to 2020 and to the end of August 2021, is shown in the table below. It is not possible to provide a breakdown of receipts by the age of the taxpayers as this information is not captured within the Stamp Duty return.

*6% from 11 October 2017

**7.5% from 09 October 2019

Regarding Question 48091-21, the 2% rate of Stamp Duty on amounts in excess of that raised on the first million euro applies to transfers of residential property only. The amounts raised by the application of the 2% rate (on residential property), for the years 2016 to 2020, and to the end of August 2021, are set out in the table below.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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189. To ask the Minister for Finance if he has considered resolving an anomaly whereby if a farm is transferred into joint ownership a spouse is required to own and farm the asset for the next ten years before availing of capital gains tax retirement relief. [48070/21]

Paschal Donohoe (Dublin Central, Fine Gael)
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At the outset, the Deputy should note that this matter was raised during a Finance Bill 2020 committee stage debate. As a result a technical note was prepared and sent to the Committee on Finance, Public Expenditure and Reform, and Taoiseach on 23 December 2020. This note provides a good overview of the issue.

For the purpose of this response you should note that Sections 598 and 599 of the Taxes Consolidation Act 1997 provide relief from capital gains tax on the disposal of a qualifying business or farming assets where the person disposing of the asset(s) is aged 55 or over and both owned and used the assets for the ten years prior to the disposal. For the purposes of the relief, qualifying assets include land and other assets used for farming purposes.

In relation to farming assets, the legislation requires that, in order to qualify for the relief, the individual must own and use the assets for the purposes of farming in the ten-year period ending on the disposal. If the individual does not meet the ten-year requirement as set out in the legislation, both in respect of their ownership of, and use of, these assets, the relief from capital gains tax under section 598 and/or section 599 is not available to that individual.

As explained in the technical note to the Committee on Finance, Public Expenditure and Reform, and Taoiseach, I am of the view that there is no basis for changing the existing position as such an amendment could effectively double the relief available to a couple even in cases where one spouse had never used the asset (e.g. worked on the farm), thus undermining the integrity of the relief. Consequently, I could not support such a change.