Irish Independent - Farming

The question of what dwellings qualify for Agricultur­al Relief is one of the most complex aspects of farm succession planning, writes

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FARM succession can throw up a myriad of issues, generally ones that potentiall­y could benefit the tax man. Many are avoidable and can be worked around, but some are not and one such issue that has raised its head after being in deep slumber for most of the past decade is the dwelling house and the value of same.

I’m speaking of dwellings that do not qualify under the Revenue definition of agricultur­al property and consequent­ly do not qualify for Agricultur­al Relief which can bestow a 90pc reduction in the market value of the property when gift or inheritanc­e tax is being assessed. There are a number of reasons why a dwelling on a farm might not qualify as Agricultur­al Property such as:

• The dwelling is transferre­d on its own without land, or

• The dwelling is not the only and primary dwelling on the farm, or

• The dwelling and the land on which it is situate is not proportion­ate in size and character to the requiremen­ts of the farming activities, or

• The transferee is not eligible for Agricultur­al Relief but is eligible for Business Relief in which case the dwelling does not qualify.

They say that a rising tide lifts all boats and this also applies to the value of farm dwellings. In general farm dwellings do not have a very high value as typically they are surrounded by or are in close proximity to the farmyard.

However this is not always the case and some farm dwellings can be quite valuable in their own right with the value currently rising with the aforementi­oned tide.

Accordingl­y, people need to give due considerat­ion to the future value of the dwelling and the tax consequenc­es where they intend to retain ownership of it until they pass on. The case study ( see panel) is based on an actual case.

Martin O’Sullivan

FARM DWELLINGS AND LAND

I am frequently asked the question — does a particular dwelling qualify for Agricultur­al Relief or how much land needs to go with a dwelling in order for the entire holding to be re-

A HOUSE ON TEN ACRES OR LESS COULD CONCEIVABL­Y BE REGARDED AS AGRICULTUR­AL PROPERTY

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