Property transferred as a gift or inheritance
When is a property transfer a gift?
Property transferred to you is a gift if:
- you do not pay for it
- the amount you pay is less than the market value of the property
- it is transferred to you because you married the owner.
Do you pay Stamp Duty on a gift?
Yes. If you receive a gift of property and an instrument (written document) is used to transfer the property to you, ensure that you:
if you execute (sign, seal or both) the instrument:
- in Ireland
- outside Ireland, but it relates to property in Ireland or something done or to be done in Ireland.
You may be able to claim an exemption or relief.
Who pays Stamp Duty on a gift?
All parties to the instrument are liable to Stamp Duty.
How much Stamp Duty do you pay on a gift?
You apply the relevant Stamp Duty rate to the market value of the property transferred to you. If no exemption or relief is due, this is the amount of Stamp Duty you must pay.
If the property gifted to you is shares, stocks or marketable securities and:
- they have a value of €1,000 or less
- the instrument is not part of a larger transaction or series of transactions
you do not have to file a Stamp Duty return or pay Stamp Duty. We include an example of this in the Stamp Duty rates page.
If you do not pay full market value for a lease, and rent is payable, you pay Stamp Duty on:
- the average annual rent
- a notional premium.
The notional premium is the amount in money needed to ensure that you pay full market value for the lease.
You pay Stamp Duty on the surrender value on the transfer of a policy of (life and non-life) insurance gifted to you.
Do you pay Stamp Duty on property you inherit?
You do not pay Stamp Duty on property you inherit under a will or on intestacy.
If you take ownership of property that:
- was not willed to you
- was not inherited by you under the intestacy rules
you pay Stamp Duty on the transfer.