Tax on Gifted Site

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Armaghman

Guest
Hi My fiancee has been given a 3 acre site by her father. The site is valued at approximately 120k. We are not sure if we have to pay CGT on the gift? We have been told that as long as the value of the site does not exceed 254k then it is exempt from CGT, does anyone know if this is correct?
 
There is an exemption along those lines, yes. Have a look at the revenue website for the exact wording to see the conditions to be met. The most obvious one is that the transfer of the site has to be into your fiancee's sole name.
 
A couple of months back, Colm Rapple, in his column in the Irish Examiner, wrote about certain tax changes that are to be introduced on the transfer of sites from parents to children.

From my recollection (I can't find it on the Examiner website) limits are to be placed on the size of the site for it to be fully exempt from CGT etc. Since your site is quite large these changes may affect you and you should find out more.

Perhaps someone on here has more information about this but definitely mention it to your solicitor.
 
The original section on this is section 603A Taxes COnsolidation Act 1997. Originally intended to enable parent to gift a site to a child for the purposes of the child building their principal private residence. Value limit of €254,000 applies. Finance Act 2007 has now brought in an area limit also of 1 acre exclusive of the site of the house itself. This was to stop perceived misuses of the system where someone could have transferred say 10 acres at 25K per acre in value to the child and the parent avoid CGT and the child avoid CAT.

If the child disposes of the site and it does not at that point contain a dwelling which was constructed by the child on it and occupied by the child as their residence for 3 years, then the tax which would have accrued to the parent (CGT) falls due on the child.

It is a very valuable relief as long as the conditions are adhered to. One should therefore ensure that all conditions are met by getting appropriate professional advice at the time the transaction is going through.

As previous poster has said, as the area is 3 acres, it depends on whether this is caught by the FA 2007 changes or did it go through before that. Check with solicitor and be sure they are aware of the CGT/CAT reliefs being claimed.
 
Thank You so much for your knowledge and advice everybody. I will speak to our solicitor regarding our situation as a result of the changes in the Finance Act.
 
Armaghman, remember, if the site is in Armagh the above advice may not be correct as it does not apply to the UK.
 
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