Wednesday, 19 June 2013

Questions (83)

Patrick O'Donovan

Question:

83. Deputy Patrick O'Donovan asked the Minister for Finance if he will provide details of the implementation of the scheme and the process involved in the land consolidation measures that were announced in budget 2013; if he envisages legislative requirements to effect any changes; and if he will make a statement on the matter. [29582/13]

View answer

Written answers (Question to Finance)

I take it the question raised by the Deputy refers to consolidation measures in relation to farm land. I made provision in Budget 2013 for the following measure designed to assist farmers with consolidation of farm land. This measure followed on from measures in the previous year’s Budget which also supported farm expansion and the transfer of land.

Section 48 of Finance Act 2013 provides for relief from capital gains tax on disposals of farm land for farm restructuring, subject to a Commencement Order, which I made on 6 June 2013.

The relief applies to a sale, purchase or exchange of agricultural land in the period from 1 January 2013 to 31 December 2015 where Teagasc has certified that a sale and purchase or an exchange of agricultural land was made for farm restructuring purposes. The initial sale or purchase, or the exchange, must occur in the relevant period and the subsequent sale or purchase must occur within 24 months of that sale or purchase.

Teagasc will consider an application for a farm restructuring certificate using guidelines made by my colleague, the Minister for Agriculture, Food and the Marine with my consent. These guidelines will be finalised shortly.

Full relief from capital gains tax will be given where the consideration for the purchase or the exchange is equal to or exceeds the consideration for the sale or the other land that is exchanged. Where the consideration for the purchase or the 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.

Provision is made for the clawback of the relief where qualifying land in respect of which relief has been given is disposed of within 5 years of the date of the purchase or exchange of that land. A clawback does not apply where the disposal arises under a compulsory purchase order.