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Client farmer disposed of the following : 1. 1995/1996 - Transfer/gift €13k site to brother 2. Apr 1997 - Sale to developer €35k 3. Apr 2001 - Sale to developer €292k 4. Apr 2001 - Gift site to niece €28,569 Was over 55 <66 and qualified for retirement relief on the above. Total €368k Now (2019) sold another piece of land €245k and transfer site of €50k to nephew (could he claim entrepreneur relief on the transfer of site to nephew?). This brings him over the threshold for retirement relief €500,000 (he is over 66 now). I have looked at s598(2)(c)(ii) and that appears to limit to 50% x 663,000 (368k +295k) - 500,000 = €81,500. But is s.598 (6) (a) saying you have to calculate all the gains on the previous transfers/disposals to see if you have "excess relief"? I haven't viewed any examples where this is set out clearly. Thanks. shane

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Asked on 21 June 2019 10:29 am