Residential units social housing lease repayment scheme (83E) Section 83E was repealed by Section 68 of Finance Act 2022, which came into operation on 1 June 2023 (S.I. No. 240 of 2023). Repayment claims in respect of such properties can now be made under Section 83DB SDCA 1999.

You may qualify for a partial refund of Stamp Duty if you lease a property for social housing purposes to:

• a Local Authority
• or
• an Approved Housing Body.

Section 83E of the Stamp Duties Consolidation Act 1999 allows for this partial refund of Stamp Duty. The relief applies to relevant residential units that were liable to the 10% rate of Stamp Duty. Only new leases qualify. Leases in place prior to the date the property was purchased do not qualify for the refund.

Qualifying conditions

To qualify for the partial refund the following conditions must be met:

• you filed a Stamp Duty return in respect of a relevant residential dwelling
• you paid the 10% rate of duty in full
• Revenue issued a stamp cert
• a lease is entered into within 24 months following the purchase of the property
• you leased the property to a Local Authority or Approved Housing Body to provide social housing
• and
• the lease is for a minimum term of 10 years.

When can you claim

You can claim a refund once you enter a qualifying lease with a Local Authority or Approved Housing Body. A refund should be claimed within 4 years from the date the qualifying lease is executed. The refund is the difference between the 10% rate and the standard rate of duty applicable to residential property. The standard residential rate is 1% on values up to €1m and 2% on values exceeding €1m.

The refund is calculated using the formula A-B where:

• (A) is the Stamp Duty paid at 10%
• (B) is the Stamp Duty payable at the standard rate for residential properties.

How can you claim?

You need to make your claim online through the eRepayments system. You can log into eRepayments through Revenue Online Service (ROS) or myAccount.

You need to upload the following documents with your claim:

• a copy of the lease
• a signed declaration
• and
• a signed consent form.

Where there are multiple accountable persons, you should decide which accountable person makes the claim and receives the refund.  A consent form, signed by all accountable persons should be uploaded with your claim. The wording of the agreement is in Consent of Accountable Persons. Claim are approved online and the payment is lodged to the bank account of the claimant.

If Revenue refuses your claim, we will notify you of the reasons. You have the right to appeal a refusal of your claim to the Tax Appeals Commission.

Clawback

A clawback of the refund is due where the lease is terminated within 10 years following its execution. The clawback is based on the number of years that have passed since the lease was executed.

The formula used to calculate the amount of the clawback is A X (10 – Y) ÷ 10 where:

• (A) is the Stamp Duty refunded
• (Y) is the number of years (part of a year is treated as a full year) that have passed since the lease was executed.

A refund incorrectly claimed is also subject to clawback.

Interest is payable at the daily rate of 0.0219% on a clawback amount. Interest is calculated from the date the refund issued to the date the clawback amount is repaid to Revenue. Where the clawback amount is not repaid, Revenue may raise an assessment.