Ireland encourages landowners to let farmland on long leases rather than year-to-year conacre, and the centrepiece of that policy is an income tax exemption on qualifying long-term lease income — with annual limits that rise as the lease gets longer. This guide covers the general shape of the relief and, just as importantly, the legal drafting that has to sit underneath any claim.
Mary Molloy Solicitors are solicitors, not tax advisors. Tax information on this page is general in nature. You should obtain advice from a qualified tax advisor or accountant on your specific circumstances; we regularly work alongside clients’ accountants when implementing farm transfers.
The Shape of the Relief
Rental income from a qualifying lease of farmland can be exempt from income tax up to an annual ceiling determined by the term of the lease. The bands reward length: leases of five to seven years attract the lowest ceiling, with higher ceilings for terms of seven, ten and fifteen years or more. The current euro figures move with Finance Acts and belong in your accountant’s advice, not a webpage; the structural point is stable — longer, written, arm’s-length leases are what the system rewards.
The Conditions That Catch People
- Writing and term: a written lease for at least five years of farmland in the State, to a lessee who farms it on a commercial basis.
- Connected persons: leases to certain close relatives do not qualify — a rule that surprises families every year.
- Ownership period for purchased land: Finance Act 2023 introduced conditions deferring the relief where the land was bought rather than inherited — relevant to investors and recent purchasers.
- Real commercial letting: the arrangement must be what it says it is; labels do not decide substance.
What the Lease Itself Must Do
The exemption is a reason to lease long; it is not a lease. The document still has to protect the land for a decade or more: rent reviews, permitted use and stocking, entitlements and scheme co-operation, upkeep of drains, fences and buildings, insurance, reinstatement, assignment and early termination. And where the lease is a step in a succession plan — formalising the position years before a transfer — its term and parties must be chosen with that plan in view. See our leasing service and the comparison in conacre vs long-term lease.
Letting Land Long-Term?
Get the tax confirmation from your accountant and a lease from us that protects the land for the full term.
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About the Author
Richard O’Shea TEP, Solicitor practises with Mary Molloy Solicitors (established 1981), advising farming families across Ireland on farm transfers, succession planning, wills, probate and agricultural property matters. As a STEP-qualified Trust and Estate Practitioner, Richard specialises in the legal structuring of intergenerational farm transfers, working alongside each family’s accountant and tax advisor. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.