Written answers
Tuesday, 19 October 2021
Department of Finance
Tax Code
Neale Richmond (Dublin Rathdown, Fine Gael)
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380. To ask the Minister for Finance if he will provide details of the type of family connection that would be considered for the 1% rate of stamp duty on agricultural land; and if he will make a statement on the matter. [51189/21]
Paschal Donohoe (Dublin Central, Fine Gael)
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I am assuming that this question is referring to consanguinity stamp duty relief, as set out in Schedule 1 (under Conveyance or Transfer) of the Stamp Duties Consolidation Act 1999.
The consanguinity stamp duty relief, as currently constituted, provides, under certain conditions, for a 1% rate of stamp duty to be applicable where a transfer of agricultural land (by sale/purchase, exchange or gift) is made to certain close relations, such as mother to son or uncle to niece.
The relevant relationships for this relief are:
- Lineal descendent (child, step-child, grandchild etc.);
- Parent, step-parent and grandparent;
- Husband, wife and civil partners;
- Brother, sister, step-brother and step-sister;
- Aunt and uncle; and
- Nephew and niece.
As with most such reliefs, consanguinity relief is subject to a sunset clause. Having last been extended by three years under section 53 of Finance Act 2020, the conveyance or transfer of the land concerned must be executed before 1 January 2024.
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