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Tax Reliefs Application

Dáil Éireann Debate, Thursday - 17 January 2019

Thursday, 17 January 2019

Ceisteanna (61)

Denis Naughten

Ceist:

61. Deputy Denis Naughten asked the Minister for Finance if the tax relief for long-term leases of farmland to landlords who provide tenants with long-term leases of accommodation will be extended; and if he will make a statement on the matter. [2070/19]

Amharc ar fhreagra

Freagraí scríofa

I understand that the Deputy is referring to a proposed extension to the existing exemption of certain income from long-term leasing of farm land to include rent received by a lessor in respect of a residential property.

Section 664 of the Taxes Consolidation Act 1997 provides for the exemption of certain income from leasing of farm land, where the land is let under a qualifying lease, by a qualifying lessor, to a qualifying lessee.

A qualifying lease must have a minimum definite term of five years or more to qualify for the relief. Following Finance Act 2014, a qualifying lessor is exempt from income tax on progressively increasing amounts linked to lease duration as follows:

For leases entered into:

Between 1 Jan 2007 and 31 Dec 2014

On or after 1 Jan 2015

Lease term

5yrs or more (but less than 7yrs)

12,000

18,000

7yrs or more (but less than 10yrs)

15,000

22,500

10yrs or more (but less than 15yrs)

20,000

30,000

15yrs or more

N/A

40,000

For the purposes of the relief, the definition of “farm land” includes a building “other than a building or part of a building used as a dwelling".

This relief was designed to encourage longer term leases of farm land in recognition of the advantages of long-term leasing over the short-term conacre system. The 2014 Agritaxation Review recognised the key role of long-term leases in assisting with the mobility and productive use of land, and suggested a number of enhancements to the relief which were implemented in Finance Act 2014.

As the extension proposed by the Deputy would be outside the targeted policy objective of the relief, I do not propose to make such a change to the measure at this time.

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