Various Exemptions
Outside State
Stamp duty is not chargeable on instruments involving the conveyance, transfer, assignment, lease, or license of immovable property situated outside the State. This exemption does not apply if the instrument relates to immovable property within the State or to stocks or securities of a company registered in the State.
Misc. Exemptions
Certain miscellaneous instruments are also exempt from stamp duty. These include instruments
- transferring shares or interests in government stocks, funds, or securities;
- instruments for the sale or transfer of ships, vessels, or aircraft;
- testaments and testamentary instruments;
- bonds given to sheriffs for replevying goods; and
- instruments made by, to, or with the Commissioners of Public Works in Ireland.
Woodland
Stamp duty is not chargeable on instruments related to the sale or lease of land, for the part of the consideration that represents the value of trees growing on the land.
Commercial woodlands, refer to woodlands managed with the intention of generating profits. It applies to conveyances, transfers on sale of land, or leases of land where a significant portion of the land has trees growing on it.
Intellectual Property
There is an exemption on transfer and arrangement of exemption from stamp duty on most sales, transfers, or dispositions of intellectual property. Intellectual property is defined as specified intangible assets, including patents, registered designs, design rights, inventions, trademarks, tradenames, brand names, domain names, service marks, publishing titles, copyrights and related rights, computer software, supplemental certificates, various other intellectual property rights supported by legislation, plant breeders’ rights, applications for grants and registrations of the above, and super processes formally seeking information concerning industrial, commercial, or scientific experience, whether protected by the above rights.
Authorisation without medical product authorisation, rights deriving from the search prior to authorisation, licences, or any other rights of licensing, or any other right of anything above, rights under foreign law preventing the above.
Where an instrument relates to both exempted intellectual property and other non-exempt assets, the consideration is apportioned. Where such property is purchased using the register for a single consideration but transferred by separate instruments, the apportionment must be just and reasonable.
Where property partly consisting of exempt intellectual property is purchased for a single consideration by two or more joint persons and is conveyed by separate instruments, and all persons are connected with one another, consideration is apportioned on a just and reasonable basis.
Shared Ownership
Shared ownership leases, as defined, are exempt from stamp duty if granted by an appropriate person. This includes licenses granted under various financial acts and approvals by the Minister for the Environment and Local Government for the purpose of enabling housing acquisition on a non-profit basis. The exemption does not apply to leases for houses exceeding specified floor areas.
Licenses and leases granted under the Petroleum and Other Minerals Development Act, 1960, and instruments for the sale, assignment, or transfer of such licenses or leases, are exempt from stamp duty.
State Sector Exemptions
Instruments where the stamp duty would be payable solely out of moneys provided by the Oireachtas are exempt from stamp duty.
The Courts Service is exempt from stamp duty on instruments under which it acquires any land, easement, way-leave, water right, or any right over or in respect of land or water. Similarly, Sport Ireland is exempt from stamp duty on such instruments.
Agreements made for securing the advancement of moneys to housing authorities by the Housing Finance Agency are exempt from stamp duty.
The National Building Agency Limited is exempt from stamp duty on conveyances, transfers, or leases of land for housing purposes.
Housing authorities, as defined, are exempt from stamp duty on instruments for the conveyance, transfer, or lease of houses, buildings, or land. The stamp duty chargeable on such instruments by housing authorities shall not exceed €100.
The Strategic Banking Corporation of Ireland is exempt from stamp duty on instruments for the sale, transfer, lease, or disposition of any property, asset, or documentation to itself or its wholly owned subsidiaries.
The National Asset Management Agency (NAMA) and its subsidiaries are exempt from stamp duty on instruments for the sale, transfer, lease, or disposition of any property, asset, or documentation to or by NAMA, its subsidiaries, or participating institutions, as defined. This includes transfers of securities and bank assets in connection with specific sections of the NAMA Act.
The Ireland Strategic Investment Fund is exempt from stamp duty on instruments for the sale, transfer, lease, or disposition of any property, asset, or documentation to a fund investment vehicle of which the Minister is the sole beneficial owner.
Certificates of indebtedness issued by the Minister, relating to the indebtedness of the State or public funds, are exempt from stamp duty, including any related agreements or instruments.