THE BUDGET AND FARM TRANSFER TAXES

Pat Comerford, Branch Manager, IFAC Accountants, Carlow

Considering the exceptional times in which we live the Budget paid some recognition to the role the farming industry can play in restoring the Irish economy, boosting exports and increasing employment. Both the IFA and Macra Na Feirme deserve credit for the manner in which they presented the farming viewpoint in pre-Budget lobbying. The reduction in the stamp duty rate is significant, as is the justified retention of the 90% gift & inheritance tax agricultural relief. These positives together with current land values has overshadowed the increase in the gift & inheritance tax and capital gains tax rates from 25% to 30%, the reduction in gift & inheritance tax family exempt thresholds and the absence of a meaningful capital gains tax and stamp duty consolidation relief.

CAPITAL GAINS TAX

Increase in Capital Gains Tax Rate

For capital disposals made after 6th December 2011 the rate of capital gains tax has been increased from 25% to 30%.

€3m ceiling on CGT Retirement Relief for farmers aged over 66 years

An upper limit of €3m on Retirement Relief for business and farming assets disposed of within the family will be introduced in late 2013 where the individual transferring the assets is aged over 66 years.

Full Retirement Relief from CGT for intra-family transfers will be maintained for individuals aged 55 to 66.

Capital Gains Tax Retirement Relief on Non-Family Transfers and Sales

Currently there is an upper limit of €750,000 for qualifying assets sold or transferred outside the family by individuals aged 55 and over. This upper limit is being maintained for farmers aged between 55 and 66 years but is to be reduced from €750,000 to €500,000 for disposals after late 2013 by individuals aged over 66 years.

Capital Gains Tax Incentive to purchase property

The Budget proposes a capital gains tax holiday in respect of properties bought between 6th December 2011 and 31st December 2013. Where this property is held for more than 7 years the gain attributable to that period will not attract capital gains tax.

GIFT & INHERITANCE TAX

Tax Rate Increase

The current rate of 25% is being increased to 30% for gifts or inheritances taken after 6th December 2011.

Tax exempt threshold reduced

The tax exempt amounts which may be transferred tax-free have been reduced as follows:

WHERE THE PERSON RECEIVING HAS THE FOLLOWING RELATIONSHIP TO THE GIVER	TAX FREE AMOUNT
	From 06/12/2011	Up to 06/12/2011
Group A (Child, orphaned grandchild, favourite nephew)	250,000	332,084
Group B (Parent receiving a gift, grandparent, grandchild, brother, sister, niece/nephew)	33,208	33,208
Group C (Any other relationship)	16,604	16,604

In January 2009 a child could have received €542,544 tax-free from their parents and it is now reduced to €250,000 i.e. a 54% decrease. Over the same period the tax rate has increased from 20% to 30%.

STAMP DUTY

Transfers of commercial property (including farmland) occurring on or after 7th December 2011 will enjoy a 2% rate of stamp duty.

CURRENT RATES OF STAMP DUTY ON LAND TRANSFERS
	From 07/12/11	Up to 06/12/11
Up to 10,000	2%	Exempt
10,001 to 20,000	2%	1%
20,001 to 30,000	2%	2%
30,001 to 40,000	2%	3%
40,001 to 70,000	2%	4%
70,001 to 80,000	2%	5%
Excess over 80,000	2%	6%

Transfers between Related Persons

Where the transfer is between related persons, e.g. parent, brother, sister, uncle, aunt, nephew, niece etc. the rate of stamp duty is half the rate that would otherwise ordinarily apply. The 2012 Budget proposes the abolition of this relief on 31st December 2014.

Seek professional advice on the Budget implications for your Farm Transfer Plan.