TRANSFERS OF LAND TO YOUNG TRAINED FARMERS
The purpose of this exemption is to encourage the transfer of agricultural land from one generation to the next. Agricultural land: including land, farm houses, and farm buildings.
Conditions that must be complied with by the young farmer, at the date of the execution of the deed of transfer-
- The “young trained farmer” must be under 35 years of age,
- Must have attained one of the necessary qualifications as listed in Revenue leaflet which include
- He/she must be the holder of the appropriate certificate(s) awarded by the Further Education and Training Awards Council (FETAC) in respect of Teagasc approved training courses.
- The farmer must undertake to spend not less than 50% of his/her working time farming the land after the transfer.
- The land cannot be sold for five years.
Important matters to note:
- If the land is being transferred into joint ownership, all joint owners will need to satisfy the criteria set out above.
- If the land is being transferred to a young trained farmer that has a restricted learning capacity, a letter from Teagasc will need to be furnished to the Revenue Commissioners confirming in their capacity satisfactory completion of a Teagasc approved course for those who in the opinion of Teagasc are restricted due to physical sense or intellectual disability or mental health.
Other relevant Taxes that should be considered
Capital Gains Tax
A disposal to a child (or favourite nephew/favourite niece) of the agricultural land may be exempt from Capital Gains Tax provided a number of conditions eg the Farmer making the disposal is over 55 years of age at date of execution of deed.
Capital Acquisitions Tax
Gift of agricultural land to a child (or favourite nephew/favourite niece). The child to obtain relief should apply for agricultural relief. This is dealt with in detail in this website (agricultural relief).
Section 81AA of the Stamp Duties Consolidation Act 1999 provides for an exemption from stamp duty where agricultural land (including farm houses and farm buildings) is transferred by way of gift or sale to a “young trained farmer”, provided all conditions are complied with.