I am advised by the Revenue Commissioners that a prerequisite to obtaining Capital Gains Tax retirement relief is that the individual who is disposing of land must have owned that land and used it for farming purposes for the period of 10 years prior to the disposal.
In the case referred to by the Deputy, the statement that the spouse owns part of the family land and is actively involved in the family farming business but is not named as a business partner is noted. It is not possible to give a definitive answer as to whether or not retirement relief would apply in this case. Full details of the case should be submitted to the Revenue District dealing with the tax affairs of the individuals concerned in order that further consideration can be given to the matter.