Finance Act, 1982

Exemption of certain instruments from stamp duty.

93.—(1) In this section “property” means agricultural land and includes such farm buildings and farm houses as are of a character appropriate to the property.

(2) Stamp duty shall not, subject to section 4 of the Stamp Act, 1891, be charged on any instrument to which this section applies.

(3) This section applies to an instrument, being a conveyance or transfer operating as a voluntary disposition inter vivos, where the instrument contains a certificate by the party to whom the property is being conveyed or transferred to the effect that the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is a qualified person.

(4) In this section “qualified person” means a person in respect of whom it is shown to the satisfaction of the Revenue Commissioners—

(a) that he was under the age of 35 years on the date on which the relevant instrument was executed, and

(b) either—

(i) that he is the holder of a certificate issued by—

(I) An Chomhairle Oiliúna Talmhaíochta certifying that he has satisfactorily completed an agricultural training course of a duration of not less than 100 hours, or

(II) the Farm Apprenticeship Board certifying that he has satisfactorily completed the course under the Farmer Apprenticeship Scheme of the Board or the course under the Trainee Farmer Scheme of the Board, or

(III) the Minister for Agriculture or a committee of agriculture established under the Agriculture Act, 1931 , being a certificate issued before the 1st day of December, 1980, and certifying that he has satisfactorily completed a course equivalent to that referred to in paragraph (b) (i) (I) of this subsection,


(ii) that he is the holder of a university degree, or equivalent university qualification, in agriculture,


(c) that the property will be used for the purposes of agriculture.

(5) This section shall have effect with respect to any instrument executed after the date of the passing of this Act and before the expiration of two years after that date.