There are a number of tax reliefs which support farmers who wish to acquire land for the purpose of their farming trade. These include reliefs from both Capital Gains Tax (CGT) and Stamp Duty.
Capital Gains Tax
Section 604B of the Taxes Consolidation Act 1997 (TCA 1997) provides relief from CGT in respect of gains arising on transactions undertaken to achieve farm restructuring. The purpose of farm restructuring is to make an individual’s farm more efficient and to improve the operation and overall viability of the farm. This can be done by selling, purchasing or exchanging farmland to bring the land closer together. The relief apples to a sale, purchase or exchange of agricultural land in the period from 1 January 2013 to 31 December 2025, where Teagasc has certified that the sale, purchase or exchange of agricultural land was made for farm restructuring purposes. Finance Bill 2025, which will shortly complete its passage through the legislative process, includes provision for a further extension to 31 December 2029. In addition, the relief is being expanded such that it applies to the sale, purchase or exchange of commercial woodland, and non-commercial woodland that is used for sustainability and biodiversity purposes.
The proposed amendments are subject to a commencement order (or orders) to be made by the Minister of Finance shortly.
The initial sale or purchase, or the exchange, must occur in the period outlined above and the subsequent sale or purchase must occur within 24 months of that initial sale or purchase. Full relief from CGT will be given where the consideration for the purchase or exchange of agricultural land is equal to or exceeds the consideration for the sale or the other land that is exchanged. Where the consideration for the purchase or exchange is less than the consideration for the land that is sold or the other land that is exchanged, relief will be given in the same proportion that the consideration for the land that is purchased or exchanged bears to the consideration for the land that is sold or the other land that is exchanged.
Further information regarding farm restructuring relief is available on the Revenue website at: www.revenue.ie/en/gains-gifts-and-inheritance/cgt-reliefs/farm-restructuring-relief.aspx
Stamp Duty
Section 81C of the Stamp Duties Consolidation Act (SDCA) 1999 provides Stamp Duty relief to farmers who wish to consolidate fragmented farm holdings. The relief applies where farm holdings are consolidated by way of linked sales and purchases of land and where land is transferred as a gift or by way of exchange, where the purchase and the sale occur within 24 months of each other.
Where the relief applies, Stamp Duty at a reduced rate of 1% (instead of 7.5%) applies to the excess of the value of the land acquired over the value of the land disposed of. The relief is only available to a ‘farmer’ (or in the case of joint owners, one must be a farmer) who spends not less than 50 per cent of their normal working time farming and it is not available to non-farming interests.
There are a number of conditions which must be satisfied in order to qualify for the relief, in particular:
* Teagasc must issue a certificate stating that a sale and purchase or an exchange of farmland was made for farm consolidation purposes,
* The conveyance must contain a certificate that the relief applies,
* The land must be farmed by the purchaser, and
* In order to avoid a clawback of the relief, the land must be retained for five years.
This relief applies to acquisitions and disposals of land where the instruments are executed on or after 1 January 2018. This relief has been extended on many occasions and is currently due to expire on 31 December 2025 however Finance Bill 2025, which will shortly complete its passage through the legislative process, includes provision for a further extension to 31 December 2029. In its current form, the relief is available in respect of agricultural land which includes commercial woodland (as defined). Finance Bill 2025 also extends the scope of the relief to include non-commercial woodland used for conservation purposes. The proposed amendments are subject to a commencement order (or orders) to be made by the Minister of Finance shortly.
Further information on the Stamp Duty relief for farm consolidation, including examples for how to calculate the relief, are available on the Revenue website via the following link: www.revenue.ie/en/tax-professionals/tdm/stamp-duty/stamp-duty-manual/part-07-exemptions-and-reliefs-from-stamp-duty/section-81c-farm-consolidation-relief.pdf
Both the CGT and Stamp Duty reliefs are considered EU State aid and are granted under the Agricultural Block Exemption Regulation (ABER).
With regard to the Deputy’s question in relation to the sale of farmland to non-farming interests, it is of note that a measure was introduced in Finance (No. 2) Act 2023 to deter investors acquiring farmland with a view to leasing it out and availing of an income tax relief contained in section 664 TCA 1997.
Section 664 provides relief in respect of certain income arising from the long-term leasing of farmland. Subject to an upper limit, individuals who qualify for the relief are entitled to take a deduction in determining their total income for income tax purposes. To qualify, the lease must be a qualifying lease, that is, a lease of farmland which —
* is in writing or evidenced in writing,
* is for a definite term of 5 years or more, and
* is made on an arm’s length basis between one or more qualifying lessors and one or more qualifying lessees.
In respect of farmland purchased by an individual pursuant to a contract entered into on or after 1 January 2024 for a consideration equal to the market value of the land at the date of the purchase, the purchaser will be required to hold the farmland in question for at least 7 years before letting that farmland under a lease which qualifies for relief under section 664. Long leases of farmland are considered purchases for the purposes of the 7-year holding rule.
The 7-year holding requirement does not apply to individuals who acquire farmland other than by way of purchase at market value, such as individuals who acquire farmland by way of gift or inheritance. Such individuals may claim relief under section 664 without meeting the 7-year holding period once all the conditions for the relief are met.
As with all taxes, CGT and Stamp Duty are kept under review by my department.