Revenue published eBrief No. 86 which clarifies the rate of CGT for disposals by farmers of land for road building.

Section 542(1)(d) TCA 1997 provides that the chargeable gain on such a disposal shall be deemed to accrue in the year of assessment in which the compensation is received. However the date of disposal determines the appropriate rate.

Section 542(1)(c) TCA 1997 provides that the standard rule for disposals under compulsory purchase powers is that the date of disposal is the earlier of the date the authority enters on the land or the compensation is agreed or otherwise determined.

Revenue clarify the position by way of an example – if the authority entered on land (before compensation was agreed) during the period when the 20% rate of CGT was in force, but compensation is received now (when the rate is 25%), then it is the 20% rate that is applicable.

EBrief No. 86 is available below at 2.03.