Signing or assigning a lease

Agreement for or assignment of a lease

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

If you enter into an agreement for a lease you may need to file a Stamp Duty return and pay Stamp Duty. You must file a return and pay Stamp Duty if the agreement is either for:

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

An agreement for a lease sets out the consideration and period that would be included in a lease. You pay Stamp Duty as if the agreement were an actual lease made for that consideration and that period.

* 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. 

If you execute a lease later for an agreement which has been stamped, you pay Stamp Duty of €12.50 on the lease.

Assignment of a lease

Leases are between a landlord and tenant.

If a tenant assigns (transfers) their remaining leasehold interest to another person, that other person must pay Stamp Duty on the assignment.

The rate of Stamp Duty will depend on whether the property is residential or non-residential.

Next: How much Stamp Duty do you pay?