Green cert reclaiming stamp duty

JJayoo

Family farm was transferred earlier this year, I didn't have the green cert and stamp duty was paid. I am 34 at the moment and have signed up to do the online Green Cert, I am just wondering will I be eligible to reclaim stamp duty as i will be 35 when the course is completed or even 36 if the course is postponed for a year due to the virus.


https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.revenue.ie/en/tax-professionals/tdm/stamp-duty/stamp-duty-manual-replacement/part-07-exemptions-and-reliefs-from-stamp-duty/section-81aa-transfers-of-land-to-young-trained-farmers.pdf&ved=2ahUKEwjvx_Oi-ZLrAhVE2KQKHbflCuEQFjAAegQIAhAB&usg=AOvVaw3ecnZ_nDu-Ul4waVd3Bc_6

Section 4.1

"A transferee may also be entitled to claim a refund of stamp duty already paid where
he or she did not hold the relevant agricultural qualification on the date on which
the deed of transfer was executed but obtains the qualification within four years of
this date. Such a claim must be made within four years of the date on which the
qualification was obtained"

Thank you for any info/feedback

davidk1394

Short answer is no once you turn 35.

JJayoo

davidk1394 wrote: »

Short answer is no once you turn 35.

Thanks for the reply David.

MayoAreMagic

If the transfer has been completed before the age of 35, and the gc is done within 4 years of the transfer, then my understanding is that yes you can claim back the money you would have saved on the transfer had you had the gc in place.

My advice would be speak to a teagasc advisor and also the solicitor that done your side of the transfer.

JJayoo

MayoAreMagic wrote: »

If the transfer has been completed before the age of 35, and the gc is done within 4 years of the transfer, then my understanding is that yes you can claim back the money you would have saved on the transfer had you had the gc in place.

My advice would be speak to a teagasc advisor and also the solicitor that done your side of the transfer.

Thanks for the reply, I will be talking to the advisor this weekend so hopefully things will work out