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Taxes Consolidation Act, 1997 (Number 39 of 1997)


598A Relief on dissolution of farming partnerships.

(1) In this section—

farming” and “trade” have the same meanings as in the Income Tax Acts;

farming partnership” means a partnership comprised of individuals which carries on or has carried on the trade of farming; “relevant asset” means an asset which is jointly owned by the partners in a farming partnership;

relevant disposal” means a disposal which arises on the occasion of the partition of a relevant asset.

(2) This section applies where a relevant asset has been owned and used for the purposes of farming by the farming partnership for a period of not less than 10 years ending with the relevant disposal.

(3) Notwithstanding subsection (2), where one of the partners acquired his or her share of a relevant asset by way of inheritance, the period of ownership and use of that asset shall be deemed to have commenced on the date on which the person entered into partnership with the other partner or partners in the farming partnership.

(4) Where a relevant disposal arises in respect of a relevant asset, a gain shall not be treated as accruing in respect of that disposal and the relevant asset shall be treated for the purposes of the Capital Gains Tax Acts as having been acquired at the same time and for the same consideration as it was originally acquired by the partner who disposed of that asset.

(5) This section shall not apply if, until the disposal, the asset formed part of the trading stock of the farming trade carried on by the farming partnership or, if the asset is acquired as trading stock, for the purposes of a trade carried on by the partner acquiring the asset.




Inserted by FA08 s54(1)(b). Applies to disposals made on or after 13 March 08 and will apply until 31 December 2013.