Residential Development Stamp Duty Refund Scheme

Overview

Stamp Duty of 6% is chargeable on the transfer of non-residential land. However, where you use the land to develop dwelling units you may qualify for a refund of up to two thirds of the Stamp Duty paid.

Section 83D of the Stamp Duties Consolidation Act, 1999 provides for this refund scheme.

In the case of a single dwelling unit, you cannot claim a refund for curtilage which exceeds 0.4047 hectares (1 acre). The curtilage is the area around the house such as gardens, paths and driveways.

Conditions for the refund

  • The instrument (written document) transferring land to you must be executed (signed, sealed or both) on or after 11 October 2017.
  • You must file a Stamp Duty return and pay Stamp Duty at the non-residential rate of 6% on the transfer.
  • You must have received a stamp certificate.
  • You must commence building within 30 months of the date of the transfer of the land to you.
  • You must develop the required proportion of the land for residential purposes.
  • You can make your claim after you commence building work.
  • You must make your claim electronically.

Clawback

You will have to pay back the Stamp Duty that was refunded to you if:

  • you claimed a refund, but you were not entitled to it
  • the building work is not completed within the specified period
  • you do not meet the relevant ‘75% test’ on completion.

Next: Building work