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Inheriting the family farm

  • 07-07-2024 6:33pm
    #1
    Registered Users, Registered Users 2 Posts: 34


    Hi all,

    I'd really appreciate any advice on this issue.

    I'm 38 and an only child, who potentially might inherit the family farm in time to come (unless it ended up being sold off first to pay for care for elderly parents in their later years etc.).

    Realistically, I don't know if I'll farm the land in the future (never say never, but not looking likely at this point in time). If I did inherit the farm, I think I would keep it and lease it out.

    As I'm 38 , the clock is ticking if I am going to try and do the green cert.

    In my situation, are there any benefits in doing the green cert? Would it help reduce the inheritance tax I would have to pay on the land etc.?

    TIA

    Post edited by 2021profile on


Comments

  • Moderators, Society & Culture Moderators Posts: 4,102 Mod ✭✭✭✭Siamsa Sessions


    If you have the time to do it, then I’d say do it.

    Lots of part-time options to do it depending on where you are in the country.

    If the farm is transferred to you before you’re 40 and you’re a “trained farmer” (that is, you have the green cert), then you’ll pay a fraction of the inheritance tax. But talk to an accountant about that.

    What type of farming are your parents doing? Is it possible you could farm part-time if you were ever so inclined?

    Trading as Sullivan’s Farm on YouTube



  • Registered Users, Registered Users 2 Posts: 34 2021profile


    Thank you Siamsa Sessions.

    It is beef and sheep farming. Yes, there would be the option to get involved on a part-time basis in the family farm.

    That's an interesting point about farm transfer before 40, I didn't know that, I'll definitely look into it.

    Post edited by 2021profile on


  • Registered Users, Registered Users 2 Posts: 1,231 ✭✭✭adne


    Similar question. Any benefit for a lady over 40 whose considering buying some land (won't be inheriting any) to do the green cert



  • Moderators, Society & Culture Moderators Posts: 4,102 Mod ✭✭✭✭Siamsa Sessions


    Kinda a different question to the OP but the green cert would give anyone a basic intro to farming in Ireland in 2024.

    You could argue that it’s a narrow view of the farm enterprise options but it’s still an investment in your farming knowledge, you’ll meet other farmers, and you’ll have a certificate to show you’re serious about farming.

    Trading as Sullivan’s Farm on YouTube



  • Registered Users, Registered Users 2 Posts: 4,180 ✭✭✭Hard Knocks


    I think you have to pay stamp duty once not a u40 trained Farmer



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  • Registered Users, Registered Users 2 Posts: 4,025 ✭✭✭Dickie10


    i transferrred in 2011,stamp duty/inheritiance tax of 10% if your not a young trained farmer ie have the green cert. if you are a young trained farmer its 1%, so a farm of 100 acres valued at 10k/acre is 1 million, 10% of that , 100,000 in tax would be due compared to 1,000 with 1% of a young trained farmer. also start getting the transfer set in motion, because you need to be plus 5 years farm transferred to avail of the Fair Deal scheme for nursing homes. it basically means the government will use your parents pension to pay for their nursing home costs. a lot can happen in 5 years so you should try to set that in motion. 400-500 an acre going for spuds and carrots in north leinster area at minute



  • Registered Users, Registered Users 2 Posts: 34 2021profile


    Very insightful answer, thank you. Clearly, I've a lot of research to do. There are also some important conversations to be had with my parents re implications for fair deal scheme in the future etc.



  • Registered Users, Registered Users 2 Posts: 5,897 ✭✭✭roosterman71


    also start getting the transfer set in motion

    How would the OP do that? They think they "might" inherit it in future? How would they bring up the conversation at home about transferring it in <2 years so the OP isn't rode by revenue?

    I tried that move about 7 years ago and was told in no uncertain terms, it's the fathers till the day he dies. His accountant and solicitor both told him to transfer it as it's more tax efficient all round but no bite. It's a very hard conversation to bring up about transferring.



  • Registered Users, Registered Users 2 Posts: 21,031 ✭✭✭✭Donald Trump


    Is the stamp duty (0%) age limit for purchasing land not 35? Consanguinity relief (1%) doesn't have an age limit I think. Regular SD is 7.5%, not 10% as mentioned above. No SD on inheritance.

    You don't necessarily need to be a trained farmer to qualify for Ag Relief as you can rent it out to someone who is. You have to satisfy the asset test though which means that at the time you inherit, 80% of your total assets (which includes the new inheritance) must comprise agricultural assets. Other condition is not to sell for 7 years after.



  • Registered Users, Registered Users 2 Posts: 4,025 ✭✭✭Dickie10


    id say the OP would want to be having that conversation especially about fair deal, it would be some disaster to have to sell land to pay for the nursing home costs. no harm in bringing it up. but thats easy to say for me, my father was going on about "getting it out of my name" for 10 years before we got around to it. for years afterwards he would give out if he spotted a bill like esb or eircom coming with his name on it.



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  • Registered Users, Registered Users 2 Posts: 959 ✭✭✭SupaCat95


    I hate this crap of poor planning around wills and inheritance. That thing shouldnt be decided at the last minute.

    It should be decided before secondary school at the latest. With an education plan (university/trade with parttime green cert) in place and agreed with the elder farmer gently phased out and younger farmer and his family phased fully in before the younger farmer is 33 (approx). This crap of inheriting a farm when your Father AND mother die and then maybe you inherit it has to stop.

    You wonder why young professional people are running off the land? Sensible inheritance and management is the answer. Sick of this crap of no wills, "be patient and your turn will come", and people hanging onto their deathbed and being cute hoors to have the last laugh.

    Mature conversations need to be had where the common sense and the farms interest is not the enemy but the revenue collector is the adversary.



  • Registered Users, Registered Users 2 Posts: 4,025 ✭✭✭Dickie10


    dead right just depends on each circumstance though. family farms in my area are dropping like flies most are leased out now around here to huge tillage operators or massive dairy companies and pig companies growing feed for the farms. i think land prices will cool around here anyway with derogation and SFP capped on tillage farmers , isnt there a big reduction coming? a lot of the operations that have the family farms leased around here are 150- 200k sfp. they will take some hit



  • Registered Users, Registered Users 2 Posts: 21,031 ✭✭✭✭Donald Trump


    The "Fair Deal" aspect conversation would be a tough one. "Hey, btw, I'm probably going to be shipping you off to a home at some point but I can't do it for 5 years after you sign the place over to me so will you sign it over ASAP. Thanks."



  • Moderators, Society & Culture Moderators, Sports Moderators Posts: 9,046 Mod ✭✭✭✭greysides


    Mod: Off topic posts moved to their own thread.

    The aim of argument, or of discussion, should not be victory, but progress. Joseph Joubert

    The ultimate purpose of debate is not to produce consensus. It's to promote critical thinking.

    Adam Grant



  • Posts: 0 [Deleted User]


    My input is that special farm tax relief should not be given if the receiver wont farm the land, the lease exemption should be removed from agriculture relief. If the person gifting or receiving is not a "real farmer" then treat it like a normal business transfer. Farm tax relief was introduced to help the transfer of a working farm between generations, there is a similar relief for transfer of business but that is much stricter.

    This tax avoidance (not calling it evasion) with specialist reliefs only available to farmers is just driving up the cost of land as there is so little hitting the market.

    Not a dig at the OP but it sickens me to see a farm pass from an active farmer to a relative (who only bothered with the farmer in the first place because they want the land) only for the relative to lease it out, that's not the spirit or purpose of the tax relief and its killing the future of farming and a barrier to entry for new farmers or those who need to expand to survive as leasing land is too risky.



  • Registered Users, Registered Users 2 Posts: 2,552 ✭✭✭J.O. Farmer


    Sure when you're at it you could maybe ask them for their thoughts on a preferred home.

    Maybe you could even bring them to see a few a bit like they might have brought you to different secondary schools 🤣.



  • Registered Users, Registered Users 2 Posts: 500 ✭✭✭SodiumCooled


    Being over 40 doesn't matter for inheritance tax - you can still avail of agri relief regardless of age once you meet the T&Cs. Being a trained farmer under 35 allow you to avail of the stamp duty exemption. Being a trained farmer under 40 (i.e. having the green cert) also gives other benefits such as 60% TAMS grant and being able to apply to the national reserve for entitlements.



  • Registered Users, Registered Users 2 Posts: 34 2021profile


    Thanks everyone for your replies.

    I would be turning 40 during the final month of the green cert course.

    So, I would be 40 when I have my green cert qualification, would it make any sense for me to do the green cert? There is a chance that the farm might be transferred to me in the coming years also and part-time farming is definitely an option for me too.



  • Registered Users, Registered Users 2 Posts: 5,211 ✭✭✭alps


    Your parents will want to protect the asset.

    If one or both of them end up at any stage requiring nursing home care, and this can be from a wide variety of ailments, old age, stroke, accident, there assets will be used to fund the cost of their care, unless you all have pre planned and made arrangements for them to transfer assets to family(probably you).

    Whether their assets are their farm or proceeds of sale from yhe farm at some stage, they are at risk of being used by yhe state.



  • Registered Users, Registered Users 2 Posts: 11,370 ✭✭✭✭wrangler


    I think you're being a bit hard on landowners, There's a huge percentage of marriages failing, Probably a reflection of children being spoiled and having unreasonable expectation when they grow up and get married.

    Parents take it very badly in most cases when the son/daughter gives away their hard earned assts

    I'd be slow to give anyone anything until I'm finished with it. No regrets then



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  • Registered Users, Registered Users 2 Posts: 868 ✭✭✭Sugarbowl


    so you pay stamp duty if u over 35 but not if your under 35 is it? Does the farm have to be solely in your name when you’re under 35 or can it be joint ownership, like parents and kid name and still be transferred?



  • Registered Users, Registered Users 2 Posts: 134 ✭✭yewdairy


    The daft thing is if you asked the older generation most would say they want it kept in the family and farmed by their children. But their own poor planning is a major reason why this won't happen. It must be a lonely place for people slogging around in their 70s and 80s, seeing the place fall down around them because they can't manage it

    Have been very lucky with succession here, as it was handed over just after I was 30 and got to make loads of decisions good/bad in my 20s. My parents never forced the farm on me or stood in my way when I wanted to developed it.

    My father says the greatest enjoyment he ever got from the farm is doing small jobs with the grandkids. If people only look at the worst outcome it will stop them doing things that have massive benefits for them aswell



  • Registered Users, Registered Users 2 Posts: 5,897 ✭✭✭roosterman71


    A lot to unpick there. First, you're huge percentage is 0.06%

    https://www.irishexaminer.com/news/spotlight/arid-41365759.html

    If parents hand over their hard earned assets, then that's it. It's handed over and they are done



  • Registered Users, Registered Users 2 Posts: 4,825 ✭✭✭blackbox


    That's all very well in theory, but how many children have decided on their career path before they go to secondary school? If there are multiple children, how many (if any) will be interested in working the farm?



  • Registered Users, Registered Users 2 Posts: 11,370 ✭✭✭✭wrangler


    The parents mightn't even like the person that takes half the farm.

    I know loads of broken marriages especially in farming



  • Registered Users, Registered Users 2 Posts: 2,414 ✭✭✭DBK1


    As a contractor it’s crazy the amount of places you go where there’s farmers in their 40’s and even 50’s but the parents name is still on the chequebook and they in their 70’s or more. The funny part about it is they’re nearly all people who’s own parents have them the farm when they were in their 20’s and 50+ years later they’re still trying to hang on to it.



  • Registered Users, Registered Users 2 Posts: 1,027 ✭✭✭einn32


    As a contractor it’s crazy the amount of places you go where there’s farmers in their 40’s and even 50’s but the parents name is still on the chequebook and they in their 70’s or more. The funny part about it is they’re nearly all people who’s own parents have them the farm when they were in their 20’s and 50+ years later they’re still trying to hang on to it

    It's a bizarre situation alright.



  • Registered Users, Registered Users 2 Posts: 5,235 ✭✭✭endainoz


    I have a four month old son, he'll be getting everything and it'll be up to him what he wants to do with it. I only got the farm in my name recently and got caught with the assets not being in my name for long enough as I have a father that's in care so no qualifying for fair deal.

    It was a dumb move on my part not pushing for the transfer sooner and as a result paying for their cost of care has put a massive financial and emotional cost on my family. This financial burden will last for another 18 months until the three year cap is up.

    I implore anyone with semi elderly parents that are thinking about getting a transfer done to do it ASAP.



  • Registered Users, Registered Users 2 Posts: 959 ✭✭✭SupaCat95


    TTrue loads of marriages are finding it tough but thats life. Anyone who tells you differently is talking out of their ass. Its the same level of difficulty back then as it is now only the problems are different. No woman is going to set foot on a farm where her future son will not be the direct heir. This is setting up the lineage for garunteed failure. You can keep your farm until your dying day as is your farm and right but dont expect anyone to follow you.

    WWould you wait in all honesty to inherit the running the farm in your 40s or 50s? Thats what happened to my uncles and they never married and had kids and are the last of their generation on the farm. I was asked was I interested, hell no under those conditions. Easier ways to make a crust either asan apprentice or professional and completely independent before 24.



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  • Registered Users, Registered Users 2 Posts: 959 ✭✭✭SupaCat95


    IIn fairness its easy to spot who wont be a farmer. Hard to spot who would stick with it. A farm cannot be divided like you cleave a watermelon, two (or more) parts. Then you neither have peace in the family nor two functioning farms. How do you split a 200 acre farm and still have two families living off it? I socialise with both CoI and Catholics. CoI are more one farm one heir. Catholic families are more divide amongs the heirs.

    I have similar friends in large scale b usiness and they want to be semi retired at 60 and sons finished sales and operations at 35 and onto management in the family businesses. Those are healthy family businesses.



  • Registered Users, Registered Users 2 Posts: 955 ✭✭✭leoch


    Wats col



  • Registered Users, Registered Users 2 Posts: 5,243 ✭✭✭zetecescort




  • Registered Users, Registered Users 2 Posts: 11,370 ✭✭✭✭wrangler


    We've no children so the farm is leased , we thought we had a nephew lined up but his marriage split up as well as two other nephews so conditions weren't right till now, Farms are tied up in a lease now



  • Registered Users, Registered Users 2 Posts: 5,897 ✭✭✭roosterman71


    But will conditions ever be right? You seem to be worried what will happen, most likely long after yer gone. As the years pass will the identified heirs even want it by then? I think owners need to make a decision and hand it over to the younger generation when they are young and allow them do what they like with it in the same way the owners did.

    (this is a subject which cuts very close to the bone and is causing awful strife for me)



  • Registered Users, Registered Users 2 Posts: 11,370 ✭✭✭✭wrangler


    Well they all have jobs and won't the land help them buy a house or pension after leasing it for seven years



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  • Registered Users, Registered Users 2 Posts: 5,897 ✭✭✭roosterman71


    I think those tax breaks will be for the chop in the coming years.

    Nevertheless, why don't you initiate the transfer now or soon? Those same concerns of a failed marriage will be there regardless



  • Registered Users, Registered Users 2 Posts: 943 ✭✭✭cap.in.hand.


    There is no guarantee that any nephews he'd give the farm wouldn't sell it anyway irrespective of martial circumstances be they good or bad..



  • Registered Users, Registered Users 2 Posts: 11,370 ✭✭✭✭wrangler


    At this stage I'd expect them to sell it, at the worst they'll end up with 60% of the value of it.

    I'd advise any young fellow/girl against farming



  • Registered Users, Registered Users 2 Posts: 7,234 ✭✭✭amacca


    Honest assessment.....and I am a farmer that stuck at it.

    I suppose it does have some advantages in that you have a bit of knowledge about how food is produced and the means to produce it and support yourself with very little outlay if the roast came to the worst...

    I'd advise kids of mine to retain at least a small plot even if they weren't interested in farming...but yeah if you can get a decent 9-5 it's probably a better route...unless you have large acreage and/or can follow through on a profitable idea.

    Sad in a way, it supported so many communities over the years.



  • Registered Users, Registered Users 2 Posts: 7,726 ✭✭✭maidhc


    Surely as an only child the odds of getting your parents farm rank closer to a certainty, and on that basis it should be transferred post haste. There are ways and means to look after their interests, but as a matter of simple financial prudence (for the reasons as set out above) it should be done now.

    I'm wearing my hat as a managing partner of a law firm and as a part time farmer here.



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  • Registered Users, Registered Users 2 Posts: 19,733 ✭✭✭✭Bass Reeves


    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 134 ✭✭yewdairy


    I never understand why older farmers are advising young people away from farming.

    If it's something they are interested in and enjoy you are giving them terrible advice from your own biased experience. Most farming is part time but if you can make a decent living from it, it's a brilliant way of life. Kids are still young here and I am always near if they need me.

    Likewise if they have no interest you can't force them to do it.



  • Registered Users Posts: 133 ✭✭WoozieWu


    They might not like to see the next generation make a fist of something they couldn't

    Or

    They want their kids to plough their own furrow



  • Registered Users, Registered Users 2 Posts: 1,483 ✭✭✭Wildsurfer


    I think alot of older lads were forced into farming and resent that. I often heard my father say he would have liked to have tried something else but the choice wasn't there for him. Today most lads that take over the farm have a love for it.



  • Registered Users, Registered Users 2 Posts: 7,234 ✭✭✭amacca


    Or....they rightly or wrongly think it could be a hard life for them

    They might have made a fist of it but they see margins getting tighter year after year, increasing regulations etc etc

    I mean the truth is we are a price takers...almost everyone else in the chain has mechanisms to protect their margins

    It can be a lonely isolating life too...you can slip into almost by accident...getting buried in menial rock, upkeep, stock management etc etc that in some cases you have no one to help you with etc

    They might think they are being honest....in fairness they might also love a good old bitch and a moan too

    I'd know a lot of lads that wouldn't be encouraging their own kids into it.…if you show an interest no problem but there's s split between the lads that will try to get them interested, the ones that font have to try and the ones that won't lift a finger unless the kid themselves shows interest off their own bat



  • Registered Users, Registered Users 2 Posts: 11,370 ✭✭✭✭wrangler


    There's no doubt that up to 2015, There had been 25 of the best years of farming, but with the reduction of viable schemes and biss I don't know what would attract young people to farming apart from dairying.

    And even dairying, there's easier ways to make a living.

    Farmers always moan so nothing new there, I remember one of our national beef commitee chairman pleading poverty and discovered his SFP was 90000



  • Registered Users, Registered Users 2 Posts: 7,726 ✭✭✭maidhc


    It’s possible to just like farming too. It doesn’t pay well, but for us part time farmers it pays better than golf on inane gym activities.

    My 100 ac beef finishing outfit washes its face, even though I pay for a fair bit of labour. I’m gone to work every day at 7 and often not home until 9. Cattle will go in soon as I can’t see them anymore on week days, but it’s grand. It’s a low labour low profit system. I might make more renting it, but then I’d have no excuse to buy machinery…



  • Registered Users, Registered Users 2 Posts: 9,520 ✭✭✭893bet


    I am not sure it’s that they advise to stay away; it’s more that very few farms are viable such that you could be full time and rear a family.

    Therefore you need an education (or trade or what ever) first; and farming has to be the after thought.

    A farm is a wonderful place to rear a family. Kids love animals and machinery. They get to learn stuff with out even knowing they are.



  • Registered Users, Registered Users 2 Posts: 1,027 ✭✭✭einn32


    I didn't get to inherit the farm from my parents. So I was working on farms away from home for a few years. I went to college- something my parents advised as a back up plan. A fair share of farmers I met all had a job. It opened my eyes. I left for oz and started working in my college degree area. I'd love to have a bit of land but I'll never farm full time again.



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