Tuesday, 1 April 2014

Ceisteanna (173)

Heather Humphreys

Ceist:

173. Deputy Heather Humphreys asked the Minister for Finance if he will consider introducing a tax exemption for farmers who have to sell entitlements before 15 May 2014 as a result of the Common Agricultural Policy changes; and if he will make a statement on the matter. [15027/14]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Finance)

I assume the Deputy is referring to single farm payment entitlements. A single farm payment entitlement is a chargeable asset for capital gains tax (CGT) purposes and once acquired it may be disposed of by way of sale, gift etc. Accordingly, gains arising from the disposal of single farm payment entitlements are chargeable to CGT in the same way as gains made on any other chargeable assets. Where total gains in any year do not exceed €1,270 they are not chargeable to CGT.  

With regard to the transfer of single farm payment entitlements for VAT purposes, where a payment entitlement is sold without land then VAT is due at the standard rate on the sale if the sale proceeds exceed the relevant threshold for VAT registration (currently €37,500). However, where a payment entitlement and land are sold together to a person who intends to carry on the farming business, then the sale may be treated as the transfer of a business and not subject to VAT. There may be other less significant tax implications in certain instances.  

Officials in my Department are considering this issue with officials from the Department Agriculture, Food and the Marine. However, I have no plans at this time to alter the tax treatment referred to above.