Agricultural Relief

What are the conditions for Agricultural Relief?

To qualify for Agricultural Relief as a 'farmer' you must satisfy an ‘asset test’ and an ‘active farmer test’.

Asset Test

To satisfy the asset test at least 80% of the total value of your property must consist of agricultural property. The asset test is carried out on the valuation date.

You must include the gross market value of all your property, including the property in the gift or inheritance. You cannot deduct any debts from the value of the property for example, a mortgage or other charge on the property. However, loans taken out to purchase, improve or repair your principal private residence can be deducted, as long as the house is not agricultural property.

Active Farmer Test

To atisfy the ‘Active Farmer Test’ you must:

  • farm the agricultural property on a commercial basis for at least six years from the valuation date
  • or
  • lease the property to someone who farms the agricultural property on a commercial basis for at least six years from the valuation date.

Additionally, the person receiving the gift or inheritance, or the person leasing the property must either:

  • hold a ‘trained farmer qualification’ or hold a qualification listed in Schedule 2 or 2A of the Stamp Duties Consolidation Act 1999
  • or
  • farm the agricultural property for at least 50% of their normal working hours.

Note

A ‘trained farmer qualification’ is:

  • a qualification listed in the table to section 654A, Taxes Consolidation Act 1997
  • and
  • any other qualification certified by Teagasc.

The full list of ‘trained farmer qualifications’ is available on the Teagasc website.

Next: How do you calculate the relief amount?