Green cert Stamp Duty 1% exemption

Gilroy

Hi All,
I am taking over the family farm from my father as he is retiring at 75 this year. I am under 35. 50 acres value with stamp duty of 2,400 at 1%. I have the green cert done in teagasc back years ago.

Here the question... I don't qualify for the Stamp duty.... Because I work more then 50% of my time of the farm in a permanent job. I spend Sat, Sun and every morning and evening before and after work on the farm.

Is this true??? After doing the 180hr course and having the green cert or is my advisor wrong???

larrymiller

I hope not cause the way farming is going we'll all be working full time

Gilroy

I just don't want a bill of 2,400 after doing the course that cost 1,500.

Strange because I'm under 35 and have the green cert???

Username John

Gilroy wrote: »

Hi All,
I am taking over the family farm from my father as he is retiring at 75 this year. I am under 35. 50 acres value with stamp duty of 2,400 at 1%. I have the green cert done in teagasc back years ago.

Here the question... I don't qualify for the Stamp duty.... Because I work more then 50% of my time of the farm in a permanent job. I spend Sat, Sun and every morning and evening before and after work on the farm.

Is this true??? After doing the 180hr course and having the green cert or is my advisor wrong???

I was in the same boat as you, and I qualified for the relief.

I think it was a declaration I made, that I did / planned to work at least 50% of the time on the farm.
I worked a 39 hour week off-farm (as per my off-farm contract), but I worked a 20 hour week on-farm
Sat = 8 hrs
Sun - Fri = 2 hrs per day = 12 hours
I also take 2 weeks holidays per year, purely for lambing, so this would up the number.

I don't know how they would go about proving / disproving this, I guess they could only disprove if you were totally (and clearly) taking the p'iss...

I'd chat with your advisor again (I didn't use an advisor, just a solicitor, he went through the details with me, and I signed the declaration)

cuculainn

Technically I think it is supposed to be 50% of regular working hours spent farming. so if the definition of regular working hours is 8 -5 monday to friday it would be difficult for any part time farmer to qualify for that relief

Count Mondego

It's a declaration of your "intention" to work the farm more than 50%. I work full time 38 hours but evenings Saturday and Sunday account for more than that on the farm. Make it your intention to do the same.