Stamp Duty and leases

Agreements, assignments and surrenders

Agreement for lease

Instead of executing (signing, sealing or both) a lease, you may execute an agreement for lease. An agreement for lease sets out the terms that would be included in a lease.

You pay Stamp Duty if the agreement is for:

  • a period no longer than 35 years, or for an indefinite period
  • any period over 35 years where you have paid 25% or more of the consideration in the agreement.

You pay Stamp Duty on the consideration and period set out in the agreement.

Note

If the agreement is for a lease of a residential house or apartment, the annual rent must be at least €40,000. If you executed the agreement before 25 December 2017 the annual rent is €30,000.

Assignment of a lease

Leases are between a landlord and tenant.

If a tenant assigns (transfers) the lease to another person, Stamp Duty must be paid on the assignment. You treat an assignment the same way as a purchase of property.

Surrender of a lease

A surrender of a lease is not the same as an assignment of a lease. Once you surrender your lease to the landlord it ceases to exist.

For more information, see Exchanges, partitions, releases and surrenders.

Next: Difference between a lease and a license