Section 667 Special provisions for qualifying farmers
(1) [In this section, but subject to section 667A,]1 "qualifying farmer" means an individual who―
(a) in the year 1993-94 or any subsequent year of assessment first qualifies for grant aid under the Scheme of Installation Aid for Young Farmers operated by the Department of Agriculture and Food under Council Regulation (EEC) No. 797/85 of 12 March 1985 (O.J. No. L93 of 30.3.1985, p. 6) or that Regulation as may be revised from time to time, or
(b)(i) first becomes chargeable to income tax under Case I of Schedule D in respect of profits or gains from the trade of farming for the year 1993-94 or any subsequent year of assessment,
(ii) has not attained the age of 35 years at the commencement of the year of assessment referred to in subparagraph (i), and
(iii) at any time in the year of assessment so referred to―
(I) is the holder of a qualification set out in the Table to this section (in this subparagraph referred to as "the Table") and, in the case of a qualification set out in subparagraph (c), (d), (e), (f) or (g) of paragraph 3, or in paragraph 4, of the Table, is also the holder of a certificate issued by Teagasc - The Agricultural and Food Development Authority (in this section referred to as "Teagasc") certifying that such person has satisfactorily attended a course of training in farm management the aggregate duration of which exceeded 80 hours; but, where Teagasc certifies that any other qualification corresponds to a qualification set out in the Table, that other qualification shall for the purposes of this subsection be treated as if it were the corresponding qualification so set out, [or]2
(II)(A) has satisfactorily attended full-time a course at a third-level institution in any discipline for a period of not less than 2 years' duration, and
(B) is the holder of a certificate issued by Teagasc certifying satisfactory attendance at a course of training in either or both agriculture and horticulture the aggregate duration of which exceeded [180 hours.]3
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Amendments
1 Substituted by Finance Act 2004 section 13(1)(a)(i) from 1 January 2004.
2 Inserted by Finance Act 2004 section 13(1)(a)(ii)(I) from 1 January 2004.
3 Substituted by Finance Act 2004 section 13(1)(a)(ii)(II) from 1 January 2004.
4 Deleted by Finance Act 2004 section 13(1)(a)(ii)(II) from 1 January 2004.
5 Para (a)(b)(iii)(III) deleted by Finance Act 2004 section 13(1)(a)(ii)(III) from 1 January 2004.
(2) In the case of a qualifying farmer―
(a) section 666(1) shall apply as if "100 per cent" were substituted for "25 per cent";
(b) paragraph (a) shall apply in computing a person's trading profits for an accounting period in the case of an individual who becomes a qualifying farmer―
(i) on or after the 6th day of April, 1993, and before the 6th day of April, 1995, for the year of assessment 1995-96 and for each of the 3 immediately succeeding [years of assessment, or]1
[(ii) on or after 6 April 1995 and on or before 31 December 2004, for the year of assessment in which the individual becomes a qualifying farmer and for each of the 3 immediately succeeding years of assessment.]2
TABLE
1. Qualifications awarded by Teagasc:
(a) Certificate in Farming;
(b) Diploma in Commercial Horticulture;
(c) Diploma in Amenity Horticulture;
(d) Diploma in Pig Production;
(e) Diploma in Poultry Production.
2. Qualifications awarded by the Farm Apprenticeship Board:
(a) Certificate in Farm Management;
(b) Certificate in Farm Husbandry;
(c) Trainee Farmer Certificate.
3. Qualifications awarded by a third-level institution:
(a) Degree in Agricultural Science awarded by the National University of Ireland through the National University of Ireland, Dublin;
(b) Degree in Horticultural Science awarded by the National University of Ireland through the National University of Ireland, Dublin;
(c) Degree in Veterinary Science awarded by the National University of Ireland through the National University of Ireland, Dublin;
(d) Degree in Rural Science awarded by the National University of Ireland through the National University of Ireland, Cork or by the University of Limerick;
(e) Diploma in Rural Science awarded by the National University of Ireland through the National University of Ireland, Cork;
(f) Degree in Dairy Science awarded by the National University of Ireland through the National University of Ireland, Cork;
(g) Diploma in Dairy Science awarded by the National University of Ireland through the National University of Ireland, Cork.
4. Certificates awarded by the National Council for Educational Awards:
(a) National Certificate in Agricultural Science studied through Kildalton Agricultural College and Waterford Regional Technical College;
(b) National Certificate in Business Studies (Agribusiness) studied through the Franciscan Brothers Agricultural College, Mountbellew, and Galway Regional Technical College.
Amendments
1 Substituted by Finance Act 1998 section 39(a).
2 Para (b)(ii) substituted by Finance Act 2003 section 19 with effect from 1 January 2003 (appointed by the Minister for Finance under Finance Act 2003 (Section 19) (Commencement) Order 2004 (SI 427/2004)).
What stock relief is available to me as a young trained farmer?
(2) As a young trained farmer (see (1)), you are entitled, in calculating your farming income, to deduct 100% of the increase in the value of your trading stock over the accounting period as if it were a trading expense of the accounting period.



