Stamp Duty and farming

Farm Consolidation Relief

Farm Consolidation Relief may apply where, within 24 months, a farm holding is consolidated by disposing of qualifying land and acquiring other qualifying land. The disposal or acquisition may be by way of sale, gift or exchange. The legislative basis for this relief is contained in Section 81C of the Stamp Duties Consolidation Act, 1999.

An overview of Farm Consolidation Relief is below. For further information, please see the Revenue guidance document.

Qualifying conditions

To qualify for Farm Consolidation Relief, you must:

  • spend at least 50% of your normal working time farming. If you are joint owners, this condition applies to only one of the joint owners,
  • dispose of qualifying land and acquire other qualifying land within 24 months
  • intend to retain ownership of the land for 5 years
  • and
  • intend to farm the land for at least 5 years.

A company may not claim the relief.

The transactions must take place within a 24-month period for the relief to apply.

Qualifying land

The types of property (which must be situated in the State) that can qualify for the relief are:

  • agricultural land
  • land suitable for occupation as woodlands on a commercial basis
  • such farm buildings as are of a character appropriate to the land on which they are situated.

Such land will be qualifying land if Teagasc issues a consolidation certificate in respect of the land.

Consolidation certificate

A person who intends to claim the relief must first apply for, and obtain, a consolidation certificate from Teagasc.

This certificate identifies the lands acquired and disposed of. It certifies that Teagasc is satisfied that the acquisition and disposal of land comply with the conditions of consolidation.

The Department of Agriculture, Food and the Marine has published guidelines on the conditions for farm consolidation.

For further information, please see the Revenue guidance document.

Calculation of relief

Where the conditions for the relief are met, Stamp Duty is charged:

  • on the excess of the value of the land acquired over the value of the land disposed of
  • at a reduced rate of 1%.

Without the relief, Stamp Duty would apply at the rate of 7.5% on the full value of the land acquired.

Claiming the relief

There are two situations in which you may be eligible for Farm Consolidation Relief:

  1. You dispose of qualifying land and then acquire other qualifying land.
  2. You acquire qualifying land and then dispose of qualifying land.

 1.  Disposing of qualifying land first

If you dispose of qualifying land first, you can claim the relief when you acquire the other qualifying land. You can do this when you file the Stamp Duty Return when you acquire the other qualifying land.

You will pay the reduced Stamp Duty rate of 1% on the excess of the value of the land acquired over the value of the land disposed of.

2. Acquiring qualifying land first

If you acquire qualifying land before disposing of qualifying land, you will have to pay the full amount of Stamp Duty due.

When you dispose of qualifying land, you can claim a refund of Stamp Duty you paid on the earlier acquisition. To claim a refund in this instance, the Stamp Duty Return filed in respect of the earlier acquisition must be amended.

Withdrawal of relief

The relief will be withdrawn if any of the qualifying conditions are not met.

The relief will also be withdrawn if you dispose of the land within 5 years of claiming the relief. The relief will not be withdrawn if the land is disposed of as part of a Compulsory Purchase Order (CPO).

In either case, the full amount of Stamp Duty payable must be paid, together with any interest and penalties.

Next: Leases of farmland