Buying or transferring property
Non-residential property for Stamp Duty purposes includes:
- land (agricultural and non-agricultural)
- sites (other than sites purchased with a connected agreement to build a house or apartment)
- commercial or business premises, including offices, factories, shops and public houses
- options over land
- interests in land (such as wayleaves or other rights to lay cables, pipes, wires or other conduits)
- easements (a right over someone's property such as a right of way)
- business assets like goodwill or book debts
- shares, stocks and marketable securities
- policies of insurance.
Buying or transferring land
A site is non-residential property. You pay Stamp Duty on the cost of the site.
You may have a claim to a refund of some of the Stamp Duty you pay. For more information see Residential Development Stamp Duty Refund Scheme.
However, if you buy a site with a connected agreement to build residential property on it, the site is residential property. You pay Stamp Duty on the site cost and the cost of the building exclusive of any Value-Added Tax (VAT).
- agreement to buy the site
- the buiding agreement
are connected if you cannot buy the site without the residential property being built on it.
If you buy a site with a connected building agreement for:
- an industrial premises
- commercial premises
you pay Stamp Duty at the non-residential rate on the site cost and the cost of the building. These costs are exclusive of any VAT.
You may have a claim to an exemption or relief.
Agreements or contracts to buy property
Written agreements or contracts to buy property are generally not chargeable to Stamp Duty. There are some exceptions to this. For example, written:
- agreements to buy business assets
- certain licence agreements
- certain 'resting in contract' agreements
are liable to Stamp Duty.
See also Certain property deriving its value from immovable property.
Transfers of property deriving its value from immovable property
You can read about these transfers in Certain property deriving its value from immovable property.
Interests in partnerships deriving their value from land and buildings
If you have a written contract you pay Stamp Duty on the contract.
If you not have a written contract, you pay Stamp Duty on the instrument (written document) transferring ownership to you.
Transfers of policies of (life and non-life) insurance
If the risk to which the policy relates is in Ireland, you pay Stamp Duty on a written transfer of the policy.
How much Stamp Duty do you pay?
See Working out your Stamp Duty.
If you inherit property or receive a gift, see Property transferred as a gift or inheritance.
Mixed use property
Mixed use property is property with a residential and non-residential part, for example, a shop with an apartment upstairs.
You should apportion the consideration for the property between the residential and non-residential parts.
You pay Stamp Duty at the residential rate for the residential part. You pay Stamp Duty at the non-residential rate for the non-residential part.
You should keep a record of how you reached the decision to apportion the consideration.
What if you do not know the consideration?
Sometimes, you will not know the property’s final price when you execute (sign, seal or both) the instrument (written document). If this is the case, you pay Stamp Duty on its market value.
We outline some exceptions to this in Working out your Stamp Duty.
Next: Certain property deriving its value from immovable property