# agricultural relief



## jackswift (17 May 2008)

My brother inherited land from an aunt. He is not a farmer, can he still claim agricultural relief?


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## Vanilla (17 May 2008)

If it is an inheritance then you are talking about CAT relief. The test depends on the value of his assets including what he is inheriting. If agricultural assets are over 80% then he can qualify for the agricultural relief. If he does qualify then the value is reduced by 90% for tax purposes. He must remain resident for 3 years and cannot sell for 6 years. There are other provisions but his tax adviser will advise.


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## putsch (18 May 2008)

Since the question is in the tax forum I'd assume its a q of what is the tax definition of "farmer" for agricultural relief under CAT rules. As I understand it that is solely  a requirement that 80% of assets are agricultural. You could be an astronaut or brain surgeon but once 80% of asseta are agrucultural voila - you're a farmer.


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## jackswift (18 May 2008)

putsch said:


> Since the question is in the tax forum I'd assume its a q of what is the tax definition of "farmer" for agricultural relief under CAT rules. As I understand it that is solely a requirement that 80% of assets are agricultural. You could be an astronaut or brain surgeon but once 80% of asseta are agrucultural voila - you're a farmer.


 I since got more information about ag relief inheritance tax. You must be a farmer to claim it read this.
[broken link removed] 

Plain and simple you cannot claim to be a farmer if you inherit land and have never farmed before.


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## eamonn22 (18 May 2008)

jackswift said:


> My brother inherited land from an aunt. He is not a farmer, can he still claim agricultural relief?


 
Hiya

Following on from Vanilla's reply - which is correct.

The relevant tax here in Capital Acquisitions Tax because there would not be any CGT or stamp duty on the inheritance.

There is no need to be an actual farmer to avail of agricultural relief from CAT, the test is a test on the assets that your brother holds.  As Vanilla pointed out, at the "valuation date" at least 80% of his assets (including those that he is inheriting) need to be agricultural assets.  Agricultural land, machinery etc all count as agricultural assets.  The legislation was recently changed so that if he owns a house (that is not a farm house) then any mortgage on that house can be taken off the value of that house when calculating his total agricultural/non-agricultural assets.

The most important thing is that even if your brother does not qualify as a "farmer" now, he can qualify by the valuation date if he re-jigs his assets.  For example I heard of a situation recently where a wife transferred her family home into the sole name of her husband in order to qualify as a "farmer" for CAT purposes by the valuation date.  The valuation date differs for every administration but it can be (at least) a few months after your aunt's death.  Depending on the value of the inheritance it would definitely be worth looking into the possibility of your brother "becoming" a farmer by the valuation date.


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## extopia (18 May 2008)

jackswift said:


> I since got more information about ag relief inheritance tax. You must be a farmer to claim it read this.
> [broken link removed]
> 
> Plain and simple you cannot claim to be a farmer if you inherit land and have never farmed before.



Helpful link. But I disagree with your interpretation. This is what it says:

_To qualify for Agricultural Relief the beneficiary must be a farmer. This means that you must be domiciled in Ireland and, taking the gift or inheritance into account, agricultural property must account for at least 80% of the gross market value of your assets on valuation date. This restriction does not apply if the gift or inheritance is trees or underwood_

From [broken link removed]
_______

_*What is a “Farmer”? *

Farmer in this context does not refer to the occupation of the beneficiary. Rather, to qualify as a “farmer” a number of conditions 
must be met by the beneficiary at the valuation date: 
 -  be an individual (companies do not qualify); 
 -  domiciled in the State; 
 -  at least 80% of the gross market value of whose assets is represented, on the valuation date, by agricultural property - 
after taking the gift or inheritance into account. 

Note that no test, i.e. farmer percentage test or domicile test, is necessary in respect of a gift or inheritance of trees or 
underwood. 

A beneficiary who qualifies for agricultural relief must be resident in the State for all of the three tax years immediately following 
the tax year in which the valuation date falls or the relief granted will be withdrawn. _
____________________________________

So you are a farmer if you are domiciled in Ireland and 80% of your assets are made up of agricultural property. No other qualifications mentioned.


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## Brendan Burgess (19 May 2008)

Folks

Although the OP was not clear in his question, it is quite clearly about tax relief. 

He is not interested in your thoughts on what a farmer is and what REPS is.

Please stick to the topic.

This is quite technical, so maybe avoid replying if you have nothing to say.

Brendan


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## ubiquitous (19 May 2008)

jackswift said:


> Plain and simple you cannot claim to be a farmer if you inherit land and have never farmed before.



This is incorrect.


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## extopia (19 May 2008)

Brendan said:


> Folks
> 
> Although the OP was not clear in his question, it is quite clearly about tax relief.
> 
> He is not interested in your thoughts on what a farmer is and what REPS is.




I think the tax definition of a farmer (in relation to agricultural relief from CAT) is highly relevant. The OP's brother will qualify for the relief if he fulfills the Revenue's definition of "Farmer".


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