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Stamp Duty

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 now, 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 2017, subject to certain transitional
provisions. In addition, there is also anti-avoidance legislation
providing that stamp duty up to 6% can also apply to transfers of
company shares where the shares derive their value from Irish
property. As we see below, the rate of duty normally applicable
to shares is 1%.
In recognition of current housing supply challenges, there is
also a stamp duty 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 of the stamp
duty paid, thereby essentially ensuring the stamp duty rate
remains at 2%. This is stated to be a temporary measure as it
ceases for projects commencing after 31 December 2021.
In certain circumstances, a 1% stamp duty rate applies for nonresidential 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
conditions.
• Covenants to children and charities.
• Transfers on certain takeovers, reconstructions and
mergers.
• Transfers of assets from a liquidator to a shareholder on
liquidation.
• 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
entitlement.

Anti-Avoidance

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)

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