Stamp Duties Consolidation Act 1999 section 81D

Relief for certain leases of farmland

Section 81D exempts from stamp duty certain long leases of farmland granted to active farmers, subject to conditions and a State aid limit.

• No stamp duty arises under the "LEASE" head of charge in Schedule 1 on a qualifying lease of farmland for a term of not less than 6 years and not exceeding 35 years.
• The land must be used exclusively for farming carried on by the lessee on a commercial basis and with a view to the realisation of profits.
• The lessee must be an active farmer — either an individual with a trained farmer qualification (or who farms full-time) or a qualifying company through one of its individuals.
• The relief is clawed back with interest if the conditions fail within the first six years (other than on death or incapacity), and is capped by the EU de minimis aid ceiling.