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Inheritance tax

Agricultural Relief and inheriting a farm in Ireland

Understand the 90% CAT Agricultural Relief, the asset and active-farmer tests, and why farm succession needs early professional planning.

Farm buildings surrounded by fields and hedgerows

A farm can have a high capital value without producing the cash needed to meet a large inheritance-tax bill. Agricultural Relief recognises that problem by reducing the taxable value of qualifying agricultural property for Capital Acquisitions Tax purposes by 90%.

The reduction applies to qualifying value; it does not mean that every farm inheritance is automatically tax-free. The property, the beneficiary and the conditions attached to the relief all need examination.

The beneficiary's asset position

Revenue's asset test generally requires agricultural property to represent at least 80% of the beneficiary's total property value at the valuation date. The calculation includes the property received and follows specific valuation and debt rules.

A beneficiary's home, savings and other assets can therefore affect the result. A family should not assume that someone qualifies simply because they intend to take over the farm or have worked there for years.

The active-farmer requirements

The relief also involves commercial farming requirements. These may be met through farming the property or leasing it to an appropriate person, with qualification or working-time conditions and a six-year period under the current rules.

The detailed arrangement matters. A casual understanding about leasing the land is not a substitute for checking the conditions and documenting a workable plan.

Plan the whole succession

Discuss the land, farmhouse, machinery, livestock and other assets with an adviser. Not every asset connected with a farming household necessarily receives identical treatment. Ownership structures, existing leases and the needs of family members who will not take over the farm also deserve attention.

A will should support the intended succession without making the entire outcome depend on an untested assumption about relief. Consider whether the beneficiary could meet any remaining tax or liabilities and how other dependants will be provided for.

The relief can be withdrawn or clawed back if relevant conditions cease to be met. Before a sale, change of use or alteration to the farming arrangement, obtain advice on the consequences.

An IT38 return is required when claiming Agricultural Relief, even where the resulting taxable value is below the ordinary filing threshold. Keep valuations and evidence supporting the claim.

Farm succession is best planned early, with coordinated legal, tax and agricultural advice. A carefully prepared asset record is a useful first step; the final transfer and will require an individual plan.

Sources and further reading

General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.