Repayment of Stamp Duty where land is used for residential development (S83D)

Repayment conditions

To qualify for a section 83D repayment, you must meet several conditions. The main conditions are as follows:

You must have acquired non-residential land (by sale or gift) on, or after, 11 October 2017. The date of acquisition is the date the conveyance or transfer of the land is executed.

• You must have filed a Stamp Duty Return and paid the Stamp Duty in full at the non-residential rates (currently 7.5%).
• You must use the land for residential development, which can contain multiple dwelling units or a single dwelling unit.
• Within 30 months of acquiring the land and by 31 December 2030, you must commence building work on the land pursuant to a commencement notice. Where the development is a large-scale residential development (LRD), this timeline is extended to 36 months.
• You must claim the repayment within four years of the date of acknowledgement of the commencement notice by the relevant building control authority.

Where you build a residential development in two or more phases, the commencement rule is different. You must commence building work on the first phase within 30 months (36 months in the case of an LRD) of the date of acquisition. Subsequent phases can commence outside the initial commencement period, but all phases must commence by 31 December 2030.

Building work commences when the following occurs:

• site clearance
• drainage
• earth-moving
• excavation
• and/or
• laying foundations.

It also includes the provision of access such as roads.

Note

Revenue will claw back (withdraw) a repayment of Stamp Duty if you fail to meet certain conditions. A repayment should not be claimed where it is known or anticipated that any of these conditions to avoid a clawback of a repayment will not be satisfied.

For more detailed guidance on these conditions, refer to the Revenue Guidance document. 

Next: Commencement notice