BUSINESSES and medium-sized farms will be the beneficiaries of the changes in Capital Acquisitions Tax (CAT) announced in the Budget.
Business property and farm property, livestock, and machinery which is transferred by way of a gift or inheritance will now be subject to relief of 75 per cent.
The Minister for Finance also announced changes to the way in which Capital Gains Tax (CGT) is applied, to promote the trade of shares in privately-held companies.
Capital Acquisitions Tax relief has been increased from 50 per cent. To secure the full 75 per cent relief, business properties must be retained for at least 10 years after transfer. This 10-year provision was criticised by IBEC.
"There are situations where 10 years could be seen as a long time," an IBEC spokesman said. "This provision may inhibit some forms of business development."
Tax relief will be clawed back on business properties which are not retained for at least six years after their transfer. In cases where properties are disposed of between six and 10 years after they are transferred, 50 per cent of the relief will be clawed back.
Before yesterday's Budget, agricultural gifts or inheritances were subject to 80 per cent relief on the first £300,000 and 50 per cent on the balance. A flat rate of 75 per cent will now apply. Transactions which would receive greater relief under the old regime, however, will continue to be subject to that regime.
The changes were welcomed by the Irish Farmer's Association (IFA).
"The IFA has been seeking the removal of gift and inheritance tax on inter-family transfers of agricultural property," the president of the IFA, Mr John Donnelly said. "The introduction of a flat 75 per cent rate of agricultural and business relief is an important step in the right direction."
The CAT changes will cost the Exchequer £1 million in 1996 and £3 million in a full year.
The 27 per cent rate of Capital Gains Tax applies to gains realised by individuals on the disposal of shares in certain small and medium-sized companies
In order to qualify for the 27 per cent rate, the shares must have been held for at least five years. This period has now been reduced to three years. The shorter retention period will have the effect of encouraging the transfer of shares in privately-held companies, according to an accountant with one of Ireland's leading accountancy firms.
The rules which are applied to equity reinvestment roll-over relief will be relaxed.
At present, within one year of disposal, the person must build up a holding of at least 5 per cent of the ordinary shares in the new company and also become a full-time employee or director. Also, within three years of disposal, the person must acquire at least 5 per cent of the ordinary shares and continue to be a full-time employee up to the end of the period.
Changes in CGT will cost nothing in 1996, £500,000 in 1997 and £1 million from 1999.
A number of recent Budgets have taken steps in the capital tax area to lower the cost of passing on business and farms from one generation to another. These have been designed to encourage the passing on of businesses and firms to a younger generation of managers.