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Stamp Duty

By Noone Casey

Stamp Duty is a duty levied on documents or instruments, executed in Ireland , relating to conveyances and certain other transactions.

The rate of stamp duty levied depends on the head of charge under which an instrument is classified.

Non residential property

For some time, a rate of 2% applied to all non-residential
property; it also applied to goodwill, loans and other property to
the extent not already exempt.
However, the rate increased to 6% for instruments executed on
or after 11 October 2018 and to 7.5% for instruments executed
on or after 10 October 2019, subject to certain transitional
provisions. In addition, there is also anti-avoidance legislation
providing that a SD up to 7.5% can also apply to transfers of
company shares where the shares derive their value from Irish
property. As we see below, the rate normally applicable to
shares is 1%.
In recognition of current housing supply challenges, there is
also a SD refund scheme to be introduced for land purchased
for the development of housing which, in certain circumstances,
can lead to a refund of two-thirds (or eleven-fifteenths) of the
SD paid, thereby essentially ensuring the rate remains at 2%.
This is stated to be a temporary measure as it ceases for
projects commencing after 31 December 2021.
This measure has been extended to 31 December 2022 with
minor amendments.
In certain circumstances, a 1% rate applies for non- residential
property (see Farmer section below).

Residential Property – Rate Structure

The rate of SD that applies to residential property is as follows:

Property Value                    Rate

Up to €1,000,000                        1%

Over €1,000,000                         2%

Exemptions & Reliefs

• Transfers between husbands and wives; and certain
transfers on divorce.
• Transfers under wills.
• Transfers of Irish government stocks.
• Transfers between associated companies, subject to certain
• Covenants to children and charities.
• Transfers on certain takeovers, reconstructions and
• Transfers of assets from a liquidator to a shareholder on
• Transfers of foreign land and shares
• Certain financial services instruments
• Transfers of agricultural land
• The sale or transfer of trademarks and intellectual property.
• The sale or transfer of an EU Single Farm Payment


Where a person makes a gift or a loan to a first time buyer, they may not reside in the property or the property may not be transferred to the donor/person making the loan except where the donor/lender is the parent of the first time buyer. A stamp duty charge arises on a contract or agreement for sale of an estate or interest in land in the State or a license or a long lease where 25% or more of the consideration has been paid under the contract or agreement.

Other Rates

1% Transfer of Stocks and shares (first €1,000 is exempt)

0%-6% premiums on leases

1%-12% Average annual rent (depending on the lease term)