Dáil Éireann Debate, Tuesday - 18 September 2012
250. Deputy Sean Fleming asked the Minister for Finance if the current exemption from stamp duty on farm land transfers within families that applies to recipients with green certificates will apply to recipients who are registered on a green certificate course but will not complete it until 2013 in view of the fact that the stamp duty has to be paid by the end of November 2012; and if he will make a statement on the matter. [38228/12]
View answerI am advised by the Revenue Commissioners that Section 81AA of the Stamp Duties Consolidation Act 1999 provides an exemption from Stamp Duty on the transfer of agricultural land to a farmer who is:
a) Under 35 years of age and
b) The holder of certain educational qualifications.
In addition the farmer must spend not less than 50% of his or her normal working time farming the land and retain ownership of the land, for the period of five years from the date of the execution of the deed of transfer. The exemption applies to instruments executed on or after 2 April 2007 and on or before 31 December 2012.
Where the farmer, on the date of the execution of the deed of transfer on or before 31 December 2012, meets all the conditions for granting the exemption except that he or she is not the holder of the necessary educational qualification, the stamp duty must be paid. However, if subsequently the farmer obtains the necessary qualification within four years from the date of the execution of the deed of transfer, a refund of the stamp duty can be claimed provided the claim is made within four years of obtaining the qualification.
