Malcolm Byrne (Wicklow-Wexford, Fianna Fail)
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336. To ask the Minister for Finance the tax reliefs or other supports that exist for where an individual gifts land to a sporting, artistic, cultural or community organisation for the development of facilities; and if he will make a statement on the matter. [48894/25]

Paschal Donohoe (Dublin Central, Fine Gael)
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A gift of land by an individual to a sporting, artistic, cultural or community organisation for the development of facilities may give rise to Capital Gains Tax, Stamp Duty and Capital Acquisitions Tax considerations for the parties involved – details of such considerations, and in particular tax reliefs which may be available in such circumstances, are set out below.

Capital Gains Tax

A gift of land is the disposal of an asset for the purposes of Capital Gains Tax (CGT). Any chargeable gain arising to an individual on making such a disposal is subject to CGT at a rate of 33%. The first €1,270 of total chargeable gains in respect of an individual in any year of assessment is exempt from CGT.

I am advised by Revenue that section 611 of the Taxes Consolidation Act 1997 (TCA 1997) provides that, in certain circumstances, no charge to CGT arises on the occasion of a gift, or a sale at a price not exceeding the cost to the donor, of assets to the State, charities or other certain specified bodies. Subsection (1)(a) of section 611 TCA 1997 provides a list of these specified bodies which includes certain artistic, cultural and community organisations, as well as local authorities and universities in the State.

Where an individual makes a gift of an asset to the State, charity or a body specified in subsection (1)(a) of section 611 TCA 1997, the disposal will be treated as having been made for such consideration as gives rise to neither a gain nor a loss.

The facts and circumstances of each disposal will determine the amount of CGT, if any, due as a result of a transfer of land by an individual to such organisations, to include the availability of any exemptions or reliefs from CGT which may arise in the context of each specific disposal.

Stamp Duty

Stamp Duty on a gift of non-residential property such as land is chargeable at the rate of 7.5% of the market value of the land.

Section 82 of the Stamp Duties Consolidation Act (SDCA) 1999 provides an exemption from Stamp Duty on transfers of land for charitable purposes in the State or Northern Ireland to a body of persons established for charitable purposes only or to the trustees of a trust so established.

Section 82B SDCA 1999 provides for an exemption from Stamp Duty on a transfer of land to an “approved sports body” as defined in section 235 TCA 1997, where the land acquired will be used for the sole purpose of promoting athletic or amateur games or sports.

Whether either of these exemptions would be available will depend on the specific facts and circumstances of each case.

Capital Acquisitions Tax

A charge to Capital Acquisitions Tax (CAT) may arise on a gift of land, which would be payable by the person (or persons) to whom the land is transferred.

I am advised by Revenue that there is no specific relief or exemption from CAT available in the circumstances outlined by the Deputy. However, section 76(2) of the Capital Acquisitions Tax Consolidation Act 2003 provides that a gift or inheritance taken for public or charitable purposes is exempt from CAT if Revenue is satisfied that it has been, or will be, applied to purposes which in accordance with the laws of the State are public or charitable. Whether this exemption would be available will depend on the specific facts and circumstances of each case.