Case Law

In Faulks v Faulks 1992 15 EG 82 it was held that a milk quota is not an asset separate from the land.

Starke (executors of Brown deceased) v IRC CA 1995 STC 689 considered what constituted ‘agricultural property’ and held that a 2.5 acre site, containing a house and outbuildings, was not ‘agricultural property’.

A barn with 2 acres was eligible for agricultural relief while the house on the land was not a farmhouse and therefore was not eligible for the relief. Rosser v IRC 2003 SpC 368

This appeal to the Tax Appeals Commission (TAC) asked the question is the taxpayer entitled to a credit for capital gains tax (CGT) paid against additional capital acquisitions tax (CAT) arising from the clawback of agricultural relief. The Tax Appeals Commissioner accepted Revenue’s position that the clawback provision does not create a separate charge to tax. 14TACD2017

Whether the taxpayer received a gift of agricultural property prior to a gift of residential property. 40TACD2022