The Minister announced the first increases to the capital acquisitions tax (CAT) group thresholds since October 2019. In addition, a range of changes and enhancements are being made to retirement relief, the new angel investor capital gains tax (CGT) relief, and the reliefs for investments in corporate trades, whilst the active farmer test for CAT agricultural relief is being extended to the disponer.
Increases to the three group thresholds for gifts or inheritances will apply as follows:
For CAT purposes, the relationship between the person giving a gift/inheritance (the disponer) and the person who receives it (the beneficiary) determines the maximum amount (the “group threshold”) below which CAT does not arise. The standard rate of CAT remains unchanged at 33% in respect of gifts and inheritances taken on or after 6 December 2012.
CAT agricultural relief (AR)
The six-year active farmer test for the purposes of CAT agricultural relief is extended to the disponer and requires the donor to meet the six-year active farmer test in order for the beneficiary to benefit from AR. This narrows the relief to benefit farmers and safeguard AR for the genuine active farmer and the next generation of farmers. No date has been given for this change.
Finance Act 2023 increased the age parameters (the upper age limit was extended from aged 65 until 70 and the reduced relief available on disposals from age 66 onwards was increased to age 70). It also introduced a cap on retirement relief of €10 million on the relief available up to age 70 for disposals to a child which is expected to take effect from 1 January 2025.
Finance Act 2024 will retain the increased upper age limit and introduce a clawback period of 12 years for the relief available on disposals over €10 million, after which the CGT will be abated.
These changes aim to ensure that the intergenerational transfer of Irish family businesses continues to be supported by the tax system. According to the Budget publications, this is estimated to cost €15 million in a full year.
CGT angel investor relief
This relief was announced in Budget 2024 and is targeted at encouraging business angel investment in innovative start-ups by offering a reduced CGT rate of 16 percent/18 percent for individuals and partnerships. The relief is due to commence “shortly” according to the Budget publications. However, it is now proposed to increase the lifetime limit on gains, on which the reduced rate of Capital Gains Tax applies, from the €3 million originally announced in Budget 2024 to €10 million.
This new relief will be available to an individual who invests in an innovative start-up small and medium enterprise (SME) for a period of at least 3 years. The investment by the individual must be in the form of fully paid-up newly issued shares costing at least €10,000 and constituting between 5 percent and 49 percent of the ordinary issued share capital of the company.
The scheme will include a certification process, which will be conducted by Enterprise Ireland to ensure the relief is targeted at innovative SMEs that can demonstrate financial viability and compliance with the requirements of the EU General Block Exemption Regulation.
Qualifying investors will be able to avail of an effective reduced rate of CGT of 16 percent (or 18 percent if through a partnership), on a gain up to twice the value of their initial investment. There will now be an increased lifetime limit of €10 million on gains to which the reduced rate of CGT will apply.
Relief for investment in corporate trades
Following a tax expenditure review, the Employment Investment Incentive (EII), Start-Up Relief for Entrepreneurs (SURE) and the Start-Up Capital Incentive (SCI) are to be extended for a further two years to 31 December 2025.
The limit on the amount that an investor can claim relief on for EII investments will be increased from €500,000 to €1,000,000. And it is proposed to increase the relief available to a maximum of €140,000 per year (€980,000 over 7 years) for SURE investments.
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