Guidance updates to farming related Stamp Duty Manuals

Revenue has updated the Stamp Duty Manuals that provide guidance on relief from stamp duty in respect of transfers of agricultural land to young trained farmers and in respect of certain leases of farmland executed on or after 1 July 2018.

Relief from stamp duty in respect of transfers of agricultural land to young trained farmers is provided under section 81AA SDCA 1999. The updated manual reflects the Finance Act 2024 amendments whereby:

• the active farmer condition may be met where the land is farmed through a company, where certain conditions are satisfied;
• a clawback will apply where the transferee fails to comply with the condition to farm the land for 50 percent of their normal working time.

Stamp duty relief in respect of certain leases of farmland executed on or after 1 July 2018 is provided under section 81D SDCA 1999. It applies in respect of a lease for a term of 6 to 35 years of any lands which are used exclusively for farming carried on by the lessee on a commercial basis and with a view to the realisation of profits. The updated manual reflects the Finance Act 2024 amendments whereby:

• the legislation states that this relief, being a State aid, is granted in accordance with Commission Regulation (EU) No 1408/2013 of 18 December 2013;
• the relief may be claimed where the lessee is a company, where certain conditions are met.