81A Further relief from stamp duty in respect of transfers to young trained farmers.

(1) In this section and Schedule 2A—

“interest in land” means an interest which is not subject to any power (whether or not contained in the instrument) on the exercise of which the land, or any part of or any interest in the land, may be revested in the person from whom it was conveyed or transferred or in any person on behalf of such person;

“land” means agricultural land and includes such farm buildings, farm houses and mansion houses (together with the lands occupied with such farm buildings, farm houses and mansion houses) as are of a character appropriate to the land;

“Schedule 2A qualification” means a qualification set out in Schedule 2A;

“young trained farmer” means a person in respect of whom it is shown to the satisfaction of the Commissioners that—

(a) the person had not attained the age of 35 years on the date on which the instrument, as respect which relief is being claimed under this section, was executed, and

(b) the conditions referred to in subsection (2), (3) or (4) are satisfied.

(2) The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer, is the holder of a Schedule 2A qualification, and—

(a) in the case of a qualification set out in subparagraph (f) of paragraph 1, or subparagraph (h) of paragraph 2, of that Schedule, is also the holder of a certificate awarded by the Further Education and Training Awards Council for achieving the minimum stipulated standard in assessments completed in a course of training approved by Teagasc—

(i) in either or both agriculture and horticulture, the aggregate duration of which exceeded 100 hours, and

(ii) in farm management, the aggregate duration of which exceeded 80 hours,

or

(b) in the case of a qualification set out in subparagraph (b), (c) or (d) of paragraph 3 of that Schedule, is also the holder of a certificate awarded by the Further Education and Training Awards Council for achieving the minimum stipulated standard in assessments completed in a course of training, approved by Teagasc, in farm management, the aggregate duration of which exceeded 80 hours.

(3) The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer—

(a) has achieved the required standard for entry into the third year of a full-time course in any discipline of 3 or more years’ duration at a third-level institution, and that has been confirmed by that institution, and

(b) is the holder of a certificate awarded by the Further Education and Training Awards Council for achieving a minimum stipulated standard in assessments completed in a course of training, approved by Teagasc—

(i) in either or both agriculture and horticulture, the aggregate duration of which exceeded 100 hours, and

(ii) in farm management, the aggregate duration of which exceeded 80 hours.

(4) The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer, is the holder of a letter of confirmation from Teagasc, confirming satisfactory completion of a course of training, approved by Teagasc, for persons, who in the opinion of Teagasc, are restricted in their learning capacity due to physical, sensory, mental health or intellectual disability.

(5) For the purposes of subsection (2), where Teagasc certifies that—

(a) any other qualification corresponds to a Schedule 2A qualification, and

(b) that other qualification is deemed by the National Qualifications Authority of Ireland to be at least at a standard equivalent to that of the Schedule 2A qualification,

the Commissioners shall treat that other qualification as if it were a Schedule 2A qualification.

(6) No stamp duty shall be chargeable under or by reference to the heading “CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance” in Schedule 1 on any instrument to which this section applies.

(7) This section applies to any instrument which operates as a conveyance or transfer (whether on sale or as a voluntary disposition inter vivos) of an interest in land to a young trained farmer where—

(a) the instrument contains a certificate that this section applies,

(b) a declaration made in writing by the young trained farmer, or each of them if there is more than one, is furnished to the Commissioners when the instrument is presented for stamping, confirming, to the satisfaction of the Commissioners, that it is the intention of such person, or each such person, for a period of not less than 5 years from the date of execution of the instrument to—

(i) spend not less than 50 per cent of that person’s normal working time, farming the land, and

(ii) retain ownership of the land,

and

(c) the identifying reference number, known as the Personal Public Service (PPS) Number, of the young trained farmer, or each of them if there is more than one, is furnished to the Commissioners when the instrument is presented for stamping.

(8) Notwithstanding subsection (7), this section shall apply where the property is conveyed or transferred into joint ownership where all the joint owners are young trained farmers or where any of the joint owners is a spouse of another joint owner who is a young trained farmer.

(9) (a) For the purposes of this subsection, a person “achieves the standard” at any time where at that time the person—

(i) is the holder of a Schedule 2A qualification or a qualification treated, by virtue of subsection (5), as being a Schedule 2A qualification,

(ii) satisfies the conditions set out in subsection (3)(a), or

(iii) satisfies the conditions set out in subsection (4),

and whether a person has or has not achieved the standard shall be construed accordingly.

(b) This subsection applies to an instrument by means of which land is conveyed or transferred to a person (in this subsection referred to as the “transferee”) who on the date the instrument was executed—

(i) was not a young trained farmer by reason only of the fact that the transferee on that date had not achieved the standard, and

(ii) had completed not less than one academic year of a course necessary to be taken to achieve the standard.

(c) Where within 3 years from the date of execution of an instrument to which this subsection refers, the transferee achieves the standard, the Commissioners shall, on production to them, within 6 months after the date on which the standard was achieved, of—

(i) the stamped instrument,

(ii) subject to paragraph (d), the declaration referred to in subsection (7)(b),

(iii) the Personal Public Service (PPS) Number referred to in subsection (7)(c), and

(iv) satisfactory evidence of compliance with this subsection,

cancel and refund such duty as would not have been chargeable had this section applied to the instrument when it was first presented for stamping.

(d) For the purposes of paragraph (c)(ii), the period of 5 years referred to in subsection (7)(b) as it relates to the requirement that a person spend not less than 50 per cent of the person’s normal working time farming land, shall be reduced by the period of time that elapsed between the date of the instrument and the date on which the transferee achieved the standard.

(10) Subsection (6) shall not apply to an instrument unless it has, in accordance with section 20, been stamped with a particular stamp denoting that it is not chargeable with any duty.

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(11) (a) If and to the extent that any person to whom land was conveyed or transferred by any instrument in respect of which relief from duty under this section was allowed—

(i) disposes of such land, or part of such land, within a period of 5 years from the date of execution of the instrument, and

(ii) does not replace such land with other land within a period of one year from the date of such disposal,

then such person or, where there is more than one such person, each such person, jointly and severally, shall become liable to pay to the Commissioners a penalty equal to the amount of the duty which would have been charged in the first instance if the land disposed of had been conveyed or transferred by an instrument to which this section had not applied, together with interest on that amount as may so become payable charged at a rate of 0.0322 per cent for each day or part of a day from the date of disposal of the land to the date the penalty is remitted.

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(11) (a) Where any person to whom land was conveyed or transferred by any instrument in respect of which relief from stamp duty under subsection (6) applied—

(i) disposes of such land, or part of such land (in this subsection referred to as a “part disposal”), within a period of 5 years from the date of execution of that instrument, and

(ii) does not fully expend the proceeds from such disposal, or as the case may be, such part disposal, in acquiring other land within a period of one year from the date of such disposal,

then, such person or, where there is more than one such person, each such person, jointly and severally, shall become liable to pay to the Commissioners ^[7]>a penalty^<[7][7]>an amount (in this section referred to as a “clawback”)^<[7] equal to an amount determined by the formula—

S	×	N
		V

where—

S is the amount of stamp duty which would have been charged on that instrument had relief under subsection (6) not applied,

V is the market value of all the land that was conveyed or transferred by the instrument immediately before the disposal, or as the case may be, the part disposal of the land, and

N is the amount of proceeds from the disposal, or as the case may be, the part disposal of the land that was not expended in acquiring other land.

(aa) ^[3]>Interest shall be payable on a penalty incurred under paragraph (a) at a rate of 0.0322 per cent for each day or part of a day^<[3][3]>interest shall be payable on a ^[8]>penalty^<[8][8]>clawback^<[8] incurred under paragraph (a), calculated in accordance with section 159D,^<[3] from the date of disposal, or as the case may be, part disposal of the land to the date the ^[8]>penalty^<[8][8]>clawback^<[8] is remitted.

(ab) For the purposes of paragraph (a)—

(i) where a disposal of land is effected in whole or in part by way of a voluntary disposition inter vivos, an amount equal to the market value of the lands disposed of, at the date of the disposal, shall be deemed to be the proceeds from such disposal,

(ii) where any property is received by way of exchange, in whole or in part for a disposal, an amount equal to the market value of such property, at the date of the disposal, shall be deemed to be proceeds from such disposal, and

(iii) where subparagraph (ii) applies and property received by way of exchange is land or includes land, an amount equal to the market value of such land at the date of the disposal shall be deemed to have been expended in acquiring other land.

(ac) A person shall not be liable to a ^[9]>penalty^<[9][9]>clawback^<[9] under paragraph (a), if and to the extent that any ^[9]>penalty^<[9][9]>clawback^<[9] or, as the case may be, the aggregate of any ^[9]>penalties^<[9][9]>clawbacks^<[9], paid by that person under paragraph (a), exceeds the stamp duty which would have been charged on the instrument had relief under subsection (6) not applied.

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(b) Where any claim for relief from duty under this section has been allowed and it is subsequently found that a declaration made, or a certificate contained in the instrument, in accordance with subsection (7)—

(i) was untrue in any material particular which would have resulted in the relief afforded by this section not being granted, and

(ii) was made, or was included, knowing same to be untrue or in reckless disregard as to whether it was true or not,

then any person who made such a declaration, or where a false certificate has been included, the person or persons to whom the land is conveyed or transferred by the instrument, jointly and severally, shall be liable to pay to the Commissioners as a penalty an amount equal to 125 per cent of the duty which would have been charged on the instrument in the first instance had all the facts been truthfully declared and certified, together with ^[4]>interest on that amount as may so become payable charged at a rate of 0.0322 per cent for each day or part of a day^<[4][4]>interest charged on that amount as may so become payable, calculated in accordance with section 159D,^<[4] from the date when the instrument was executed to the date the penalty is remitted.

(12) Notwithstanding subsection (11)—

(a) where relief under this section was allowed in respect of any instrument, a disposal by a young trained farmer of part of the land to a spouse for the purpose of creating a joint tenancy in the land, or where the instrument conveyed or transferred the land to joint owners, a disposal by one joint owner to another of any part of the land, shall not be regarded as a disposal to which subsection (11) applies, but on such disposal, such part of the land shall be treated for the purposes of subsection (11) as if it had been conveyed or transferred immediately to the spouse or other joint owner by the instrument in respect of which relief from duty under this section was allowed in the first instance,

(b) a person shall not be liable to more than one penalty under paragraph (b) of subsection (11),

(c) a person shall not be liable to a ^[10]>penalty under paragraph (a)^<[10][10]>clawback under paragraph (a)^<[10] of subsection (11), if and to the extent that such person has paid a penalty under paragraph (b) of subsection (11), and

(d) a person shall not be liable to a ^[10]>penalty under paragraph (a)^<[10][10]>clawback under paragraph (a)^<[10] of subsection (11), if and to the extent that such person has paid a penalty under paragraph (a) of subsection (11).

(13) A person who, before the date of the passing of the Finance Act 2004, for the purposes of section 81—

(a) is the holder of a qualification set out in Schedule 2 or a qualification certified by Teagasc as corresponding to a qualification set out in Schedule 2, and—

(i) a satisfactory attendance at a course of training in farm management, the aggregate duration of which exceeded 80 hours, is required, shall be deemed, for the purposes of this section, to be the holder of a qualification corresponding to that set out in subparagraph (b) of paragraph 3 of Schedule 2A, or

(ii) a satisfactory attendance at a course of training is not required, shall be deemed, for the purposes of this section, to be the holder of a qualification corresponding to that set out in subparagraph (a) of paragraph 2 of Schedule 2A,

(b) satisfies the requirements set out in paragraph (b)(ii)(I) of the definition of young trained farmer in subsection (1) of that section, shall be deemed for the purposes of this section, to have satisfied the requirements set out in subsection (3)(a), and

(c) is the holder of a certificate issued by Teagasc certifying satisfactory attendance at a course of training—

(i) in farm management, the aggregate duration of which exceeded 80 hours, shall be deemed for the purposes of this section to be the holder of a certificate referred to in subsection (2)(b), or

(ii) in either or both agriculture and horticulture, the aggregate duration of which exceeded 180 hours, shall be deemed for the purposes of this section to be the holder of a certificate referred to in subsection (3)(b).

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(14) This section shall apply as respects instruments executed on or after the date of the passing of the Finance Act 2004 and on or before ^[5]>31 December 2005^<[5][5]>31 December 2008^<[5].

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(14) This section applies as respects instruments executed on or after 25 March 2004 and before the date of the passing of the Finance Act 2007.

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