{"id":21298,"date":"2022-04-20T22:46:38","date_gmt":"2022-04-20T22:46:38","guid":{"rendered":"https:\/\/legalblog.ie\/?p=21298"},"modified":"2024-04-02T21:01:50","modified_gmt":"2024-04-02T21:01:50","slug":"amount-stampable","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/amount-stampable\/","title":{"rendered":"Property Rates &#038; Reliefs"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Linked_Transactions\" title=\"Linked Transactions\">Linked Transactions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Gifts_Undervalues\" title=\"Gifts \/ Undervalues\">Gifts \/ Undervalues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Gross_Value\" title=\"Gross Value\">Gross Value<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Residential_Rates_Reform\" title=\"Residential Rates Reform\">Residential Rates Reform<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Non-Residential_Rates\" title=\"Non-Residential Rates\">Non-Residential Rates<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Development_Incentives\" title=\"Development Incentives\">Development Incentives<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#2022_Incentives\" title=\"2022 Incentives\">2022 Incentives<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Acquiring_10_Units\" title=\"Acquiring 10+ Units\">Acquiring 10+ Units<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Residential_v_Non-Residential\" title=\"Residential v Non-Residential\">Residential v Non-Residential<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Building_Sale\" title=\"Building &amp; Sale\">Building &amp; Sale<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Historical_Reliefs\" title=\"Historical Reliefs\">Historical Reliefs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Former_First_Time_Buyer_Reliefs\" title=\"Former First Time Buyer Reliefs\">Former First Time Buyer Reliefs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/amount-stampable\/#Former_Owner_Occupier_Reliefs\" title=\"Former Owner Occupier Reliefs\">Former Owner Occupier Reliefs<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#STAMP_DUTIES_CONSOLIDATION_ACT_1999\" title=\"STAMP DUTIES CONSOLIDATION ACT 1999\">STAMP DUTIES CONSOLIDATION ACT 1999<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Charging_and_Stamping_of_Instruments_ss_2-17A\" title=\"Charging and Stamping of Instruments (ss. 2-17A)\">Charging and Stamping of Instruments (ss. 2-17A)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Variation_of_certain_rates_of_duty_by_order\" title=\"Variation of certain rates of duty by order.\">Variation of certain rates of duty by order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Penalty_on_stamping_instruments_after_execution\" title=\"Penalty on stamping instruments after execution.\">Penalty on stamping instruments after execution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Late_filing_of_return\" title=\"Late filing of return.\">Late filing of return.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#E-stamping_regulations\" title=\"E-stamping regulations.\">E-stamping regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Valuation_ss_18-19\" title=\"Valuation (ss. 18-19)\">Valuation (ss. 18-19)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Mode_of_valuing_property\" title=\"Mode of valuing property.\">Mode of valuing property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Adjudication_and_Appeals_ss_20-21\" title=\"Adjudication and Appeals (ss. 20-21)\">Adjudication and Appeals (ss. 20-21)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Young_trained_farmers\" title=\"Young trained farmers.\">Young trained farmers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Further_relief_from_stamp_duty_in_respect_of_transfers_to_young_trained_farmers\" title=\"Further relief from stamp duty in respect of transfers to young trained farmers.\">Further relief from stamp duty in respect of transfers to young trained farmers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Farm_consolidation_relief\" title=\"Farm consolidation relief.\">Farm consolidation relief.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Further_farm_consolidation_relief\" title=\"Further farm consolidation relief.\">Further farm consolidation relief.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Relief_for_certain_leases_of_farmland\" title=\"Relief for certain leases of farmland.\">Relief for certain leases of farmland.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Charities\" title=\"Charities.\">Charities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Approved_bodies\" title=\"Approved bodies.\">Approved bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Approved_sports_bodies\" title=\"Approved sports bodies.\">Approved sports bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Pension_schemes_and_charities\" title=\"Pension schemes and charities.\">Pension schemes and charities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Transfer_of_site_to_child\" title=\"Transfer of site to child.\">Transfer of site to child.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Certain_family_farm_transfers\" title=\"Certain family farm transfers.\">Certain family farm transfers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#New_dwellinghouses_and_apartments_with_floor_area_certificate\" title=\"New dwellinghouses and apartments with floor area certificate.\">New dwellinghouses and apartments with floor area certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#New_dwellinghouses_and_apartments_with_floor_area_compliance_certificate\" title=\"New dwellinghouses and apartments with floor area compliance certificate.\">New dwellinghouses and apartments with floor area compliance certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#New_dwellinghouses_and_apartments_with_no_floor_area_certificate\" title=\"New dwellinghouses and apartments with no floor area certificate.\">New dwellinghouses and apartments with no floor area certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Residential_property_owner_occupier_relief\" title=\"Residential property owner occupier relief.\">Residential property owner occupier relief.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Residential_property_first_time_purchaser_relief\" title=\"Residential property first time purchaser relief.\">Residential property first time purchaser relief.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Approved_voluntary_body\" title=\"Approved voluntary body.\">Approved voluntary body.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Purchase_of_land_from_Land_Commission\" title=\"Purchase of land from Land Commission.\">Purchase of land from Land Commission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Commercial_woodlands\" title=\"Commercial woodlands.\">Commercial woodlands.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Transfers_between_spouses\" title=\"Transfers between spouses.\">Transfers between spouses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Certain_transfers_following_the_dissolution_of_a_marriage\" title=\"Certain transfers following the dissolution of a marriage.\">Certain transfers following the dissolution of a marriage.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Certain_transfers_by_cohabitants\" title=\"Certain transfers by cohabitants.\">Certain transfers by cohabitants.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Foreign_immovable_property\" title=\"Foreign immovable property.\">Foreign immovable property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Schedule_1\" title=\"Schedule 1\">Schedule 1<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Stamp_Duties_on_Instruments\" title=\"Stamp Duties on Instruments\">Stamp Duties on Instruments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/amount-stampable\/2\/#Qualifications_for_Applying_for_Relief_from_Stamp_Duty_in_Respect_of_Transfers_to_Young_Trained_Farmers\" title=\"Qualifications for Applying for Relief from Stamp Duty in Respect of Transfers to Young Trained Farmers\">Qualifications for Applying for Relief from Stamp Duty in Respect of Transfers to Young Trained Farmers<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Linked_Transactions\"><\/span>Linked Transactions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Traditionally it was necessary to incorporate a certificate in a deed, in order \u00a0to certify that the transaction was below a certain value in order to obtain the benefit of lower stamp duty rates.\u00a0 Where a transaction together with other transactions together form the series, the rate of duty that applies, depends of the sum of the value of the series or transactions.\u00a0 Most of the requirements for certificates have been removed, in the context of e-stamping. The matter is dealt with, in the context of the e-stamping return.<\/p>\n<p>A series of transactions may arise where a number of assets are sold\u00a0 by a seller to a buyer on the same occasion.\u00a0 Questions may arise as to whether there is a single deal or bargain or whether there are a number of distinct transactions.\u00a0 If there is some interdependence in the transactions, such that one may not complete without the other, there is likely to be a series, so that the rate applicable to their sum, would be charged.<\/p>\n<p>Where collectively their value exceed the relevant threshold, the higher rate will apply as if there was a single transaction..<\/p>\n<p>Where a VAT is chargeable on a transaction, stamp duty does not apply on it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Gifts_Undervalues\"><\/span>Gifts \/ Undervalues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A transfer at undervalue or a gift is stampable at market value, as if it were a conveyance on sale. Formerly such transfers attracted half the normal rate, where the person benefited was within certain categories of relationship to the transferor. This no longer applies, in the context of much reduced rates of stamp duty.<\/p>\n<p>Formerly, a so-called \u201cvoluntary\u201d conveyance (gift), a sale at undervalue or a transfers to \u00a0connected persons required to be adjudicated.\u00a0 This involved submission of documentation to the Revenue including valuations.\u00a0 Since \u00a0July 2012, adjudication is no longer required. The electronic stamping return requires disclosure of such circumstances and may attract Revenue scrutiny or audit.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Gross_Value\"><\/span>Gross Value<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Stamp duty taxes the \u00a0gross value of a transaction.\u00a0 If a property is transferred, subject to a mortgage or other financial charge, stamp duty applies the gross value rather than the value of the equity.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Residential_Rates_Reform\"><\/span>Residential Rates Reform<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to December 2010, \u00a0the rates of stamp duty had ranged from zero to nine percent on residential property and from zero to six percent on non-residential property.\u00a0 There had been significant differences on the basis of charging over the previous 20 years.\u00a0 Numerous exemptions and complications existed.<\/p>\n<p>The 2010 amendments altered and simplified the application of stamp duty.\u00a0 This coincided with a severe depression in the property market.\u00a0 Stamp duty was one of the taxes which performed strongly in the development boom, but collapsed in its aftermath.<\/p>\n<p>The general rates of stamp duty were significantly reduced in December 2010.\u00a0 In the case of residential property, the rate is one percent for transactions below \u20ac1,000,000 in price or value.\u00a0 The excess is over \u20ac1,000,000 is taxed at two percent.\u00a0 This drastically reduced rates and changed the previous principle whereby once the rate band was crossed, the entire price is \u00a0stampable.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-Residential_Rates\"><\/span>Non-Residential Rates<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to December 2011\u00a0 The rates applicable to commercial property was six percent over \u20ac80,000.\u00a0 In this context, commercial property refer to all non-residential property. The non-residential rate was reduced to 2% subsequently increased to 6%.\u00a0Finance Act 2019 amended the rate of stamp duty applying to conveyances or transfers and lease premiums of non-residential property from 6% to 7 1\/2%.<\/p>\n<p>The 6% rate continued to apply for purchasers or lessees with binding contracts in place before 9 October 2019 (the executed instrument must contain a statement to this effect) and where the sale or lease is executed before 1 January 2020. The furnishing of an incorrect statement is to be regarded as a penalty offence for the purposes of section 1078 of the Taxes Consolidation Act 1997.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Development_Incentives\"><\/span>Development Incentives<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Finance Act 2019 amended the rate of stamp duty applying to conveyances or transfers and lease premiums of non-residential property from 6% to 7.5%. It amended (the residential development refund scheme) to take account of the rate of 7.5%. The formula used to calculate the refund due will be 11\/15 (previously 2\/3 of 6%) of the stamp paid.<\/p>\n<p>Finance Act 2020<em> \u00a0<\/em>amends section 83D of the Stamp Duties Consolidation Act 1999 which provides for a partial refund of stamp duty where land is developed for residential purposes. It extends the period allowed for the completion of construction from two years, i.e. 24 months, to 30 months.It extends the relief for a further year to construction operations commenced before 31 December 2022.<\/p>\n<p>Finance Act 2022 <em>\u00a0<\/em>provides for a refund of the difference between the stamp duty rate of 2 per cent on transfers of non-residential property that applied prior to 11 October 2017 and subsequent higher rates (currently 7.5 per cent) where land is subsequently developed for residential purposes.<\/p>\n<p>This\u00a0 extends the availability of relief by extending the final date by which construction must be commenced to qualify for a refund to 31 December 2025.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"2022_Incentives\"><\/span>2022 Incentives<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Finance Act 2022 <em>\u00a0<\/em>inserts two new into the Stamp Duties Consolidation Act (SDCA) 1999 which provide for refunds of stamp duty in relation to residential property.<\/p>\n<p>Finance Act 2022 <em>\u00a0<\/em>provides for a full repayment of stamp duty charged at the residential rate of 1 per cent (amounts up to \u20ac1 million), 2 per cent (amounts in excess of \u20ac1million) or 10 per cent (pursuant to section 31E SDCA 1999). A repayment is made where a residential property is acquired and then sold, within 12 months of acquisition, for the purpose of affordable home arrangements under the Affordable Housing Act 2021.<\/p>\n<p>The conditions are that the residential property must be purchased by a person who enters into a \u201cdirect sales agreement\u201d with a local authority in relation to the sale of the residential property to an eligible applicant nominated by a local authority and subsequently sells the property to such an eligible applicant.<\/p>\n<p>Finance Act 2022 <em>\u00a0<\/em>provides for a partial repayment of stamp duty charged on the acquisition of residential properties at the higher 10 per cent rate pursuant to section 31E SDCA 1999 where certain conditions are met.\u00a0This provides for two new partial repayment schemes and amalgamates the new schemes with two existing partial repayment schemes that were formerly \u00a0provided.<\/p>\n<p>A partial repayment o f stamp duty may be available, if certain conditions are satisfied, in respect of properties that have been:<\/p>\n<ul>\n<li>let to a housing authority or an approved housing body for social housing purposes, or<\/li>\n<li>designated as cost rental dwellings under the Affordable Housing Act 2021, or<\/li>\n<li>registered as designated centres under the Health Act 2007, which provide care in the community for those with special needs, or<\/li>\n<li>registered as children\u2019s residential centres under the Child Care Act 1991, which provide homes for children in care.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Acquiring_10_Units\"><\/span>Acquiring 10+ Units<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a higher stamp duty rate of 10 per cent where more than 9 individual residential units (typically houses) are acquired, whether directly or indirectly, in any 12-month period. This applies where there is an acquisition of a partial interest in a residential unit, and not just a full interest in a residential unit. Where a person acquires a partial interest in a residential unit, that partial interest, expressed as a fraction, is taken into account for the purposes of determining whether the 10- unit threshold has been met.<\/p>\n<p>There is\u00a0 or a refund of the difference between the 10 per cent rate of stamp duty paid and the normal lower residential rate where a residential unit is subsequently leased to a local authority or an approved housing body for the provision of social housing within 24 months of purchase.<\/p>\n<p>There is a disapplication of the 10 per cent rate of stamp duty\u00a0 where a residential unit is leased to certain social housing providers. The qualifying lease must be entered into after a residential unit is acquired. The acquisition of a residential unit with an existing social housing lease does not come within the provision.<\/p>\n<p>Finance Act 2022 <em>\u00a0<\/em> excludes acquisitions by home reversion firms pursuant to a home reversion agreement, as defined by the Central Bank Act 1997, from the scope of\u00a0 the special 10 unit+ rate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Residential_v_Non-Residential\"><\/span>Residential v Non-Residential<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Residential property is a building or part of a building, which at the date of conveyance or lease, is used or is suitable for use as a dwelling.\u00a0 It includes a partly constructed or adapted dwelling. It may also include dwellings which have not been adapted for residential use, such as derelict \u00a0property.\u00a0 It includes land which is sold in connection with a construction contract for the construction of a dwelling house or apartment.<\/p>\n<p>It must not be rated for commercial rates. In practice it must be subject to local property tax.<\/p>\n<p>Land up to an acre comprising the curtilage of a dwelling is included.\u00a0 The non-residential rate applies to the remainder.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Building_Sale\"><\/span>Building &amp; Sale<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is legislation which seeks to charge stamp duty on the aggregate of the price payable under for a building agreement and a linked contract for the sale f the land.\u00a0 Many new house purchases are structured in this way. Where there is a connection or arrangement involving a sale of land and a building contract for the construction of a dwelling house on it, stamp duty is payable on the is aggregate price payable.\u00a0 There are similar provisions in respect of both freehold and leasehold sales.<\/p>\n<p>The position in respect of related contracts for the development and sale of commercial property differs. It is not subject to the specific anti-avoidance provisions, applicable to residential property. Provided that contracts are not interlinked and the property is not substantially complete, the sale deed is stamped on the price \/ value of the land plus building works as at the date of the contract \/ conveyance. Contracts are interlocked where they are they cannot be independently completed.\u00a0 Formerly, it was necessary to include a certificate in every deed to the effect that the sections did or did not apply.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Historical_Reliefs\"><\/span>Historical Reliefs<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to December 2010, when rates were significantly higher, there existed a number of reliefs, which applied at different times.\u00a0 The position is still relevant in the context of unregistered title conveyancing. Requisitions may be raised on stamping issues on older deeds, which make up proof of title. There are also cases where reliefs may be clawed back, due to cessation of compliance.<\/p>\n<p>Formerly the sale (deed) for a new houses below \u00a0\u201cgrant\u201d size (being the maximum size for which a new house grant was formerly available (125sqm)), was exempt from stamp duty. Later relief was allowed on the sale of new houses not larger than a designated size by way of duty at 25 percent on 25 percent of the rate otherwise applicable.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Former_First_Time_Buyer_Reliefs\"><\/span>Former First Time Buyer Reliefs<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In April 1998, as part of a series of measures to dampen the property market, stamp duty was introduced for non-owner occupiers. \u00a0First time buyers who had not owned a dwelling house or apartment before, qualified for favourable rates of stamp duty, \u00a0for both new and \u00a0second hand houses.<\/p>\n<p>It was necessary that the buyer had owned no residential property before. The consideration had to be derived from the individual\u2019s own means. The proceeds of unconditional gifts could be used. However, if a third party had acquired an interest by means of his contribution to the purchase, price, this cause relief to be denied<\/p>\n<p>First time buyers qualified for lower rates. Beneficiaries of certain trusts for incapacitated persons and \u00a0persons who divorced and separated and had left the house without retaining an interest, also qualified for first time buyer rates. The relief was available to a divorced person who purchased a new home, within in a certain period before or after divorce. provided was in connection with the divorce.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Former_Owner_Occupier_Reliefs\"><\/span>Former Owner Occupier Reliefs<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Owner occupiers qualified for more favourable rates than those which applied to investors.\u00a0 Owner occupiers are persons who did not derive rental income for the property. Relief was \u00a0clawed back if the rent was \u00a0\u00a0derived from \u00a0the property within five years.\u00a0 This did not apply to income under the rent a room Scheme.\u00a0 This scheme allowed the receipt of \u20ac10,000 per annum or less for renting a room.\u00a0 The income was tax free and did not affect the claw back and owner\/occupier status.<\/p>\n<p>Investors received the least favourable treatment.\u00a0 The applicable rates were higher and\u00a0 the bans were narrower.<\/p>\n<p>In 2007 a complete exemption was introduced for \u00a0first time buyers irrespective of house size.\u00a0 The relief was available to all owner\/occupiers. It applied to first time purchasers of dwelling houses or apartments who occupied the property as their principal private residence for at least two years.<\/p>\n<p>Claw back occurred where the property ceased \u00a0be used as an owner occupier property within three years,\u00a0 \u00a0save in respect of income under the rent a room scheme. Buyers were obliged to inform Revenue within six months of receipt of rent.<\/p>\n<p>The purchase price must have been provided by the first time buyer.\u00a0 Relief is given in case of an unconditional gift where the donor retained no interest, expressly or by operation of law.<\/p>\n<p><!--nextpage--><\/p>\n<h2>STAMP DUTIES CONSOLIDATION ACT 1999<\/h2>\n<p>&nbsp;<\/p>\n<p>Stamp Duties Consolidation Act, 1999 (No. 31)<\/p>\n<p>Part I Interpretation (s. 1)<br \/>\n1.<\/p>\n<h4>Interpretation.<\/h4>\n<p>(1)In this Act, unless the context otherwise requires &#8211;<\/p>\n<p>&#8220;accountable person&#8221; means (subject to subsection (1A)) &#8211;<br \/>\n(a)the person referred to in column (2) of the Table to this definition in respect of the corresponding instruments set out in column (1) of that Table by reference to the appropriate heading in Schedule 1,<br \/>\n(b)in the case of an instrument which operates, or is deemed to operate, as a voluntary disposition inter vivos under section 30 or 54, the parties to such instrument,<br \/>\n(c)in the case of any other instrument, the parties to that instrument,<br \/>\n(d)notwithstanding paragraphs (a), (b) and (c), in the case of any person who would be an accountable person if alive, the accountable person shall be the personal representative of such person:<br \/>\nTable<\/p>\n<p>Instrument Heading specified in Accountable person<br \/>\nSchedule 1<br \/>\n(1) (2)<br \/>\nConveyance or Transfer on sale of any stocks or marketable securities. The purchaser or transferee.<br \/>\nConveyance or Transfer on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance. The purchaser or transferee.<br \/>\nDuplicate or Counterpart of any instrument chargeable with any duty. Any of the persons specified in this column, as appropriate.<br \/>\nLease. The lessee.;<br \/>\n&#8220;Appeal Commissioner&#8221; has the meaning given to it by section 2 of the Finance (Tax Appeals) Act 2015;<\/p>\n<p>&#8220;approved person&#8221; shall each be construed in accordance with section 917G of the Taxes Consolidation Act 1997;<\/p>\n<p>&#8220;authorised person&#8221; shall each be construed in accordance with section 917G of the Taxes Consolidation Act 1997;<\/p>\n<p>&#8220;bill of exchange&#8221; means a draft, an order or a cheque;<\/p>\n<p>&#8220;child&#8221; in relation to a claim for relief from duty made under this Act, includes a person, being a transferee or lessee, who, prior to the date of execution of the instrument in respect of which relief from duty is claimed, has resided with, was under the care of, and was maintained at the expense of the transferor or lessor throughout &#8211;<br \/>\n(a)a period of 5 years, or<br \/>\n(b)periods which together comprised at least 5 years,<br \/>\nbefore such person attains the age of 18 years, but only if such claim is not based on the uncorroborated testimony of only one witness;<\/p>\n<p>&#8220;civil partner&#8221; means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>&#8220;civil partnership&#8221; means-<br \/>\n(a)a civil partnership registration referred to in section 3(a) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , or<br \/>\n(b)a legal relationship referred to in section 3(b) of that Act;<\/p>\n<p>&#8220;Commissioners&#8221; means Revenue Commissioners;<\/p>\n<p>&#8220;conveyance on sale&#8221; includes every instrument, and every decree or order of any court or of any commissioners, whereby any property, or any estate or interest in any property, on the sale or compulsory acquisition of that property or that estate or that interest is transferred to or vested in a purchaser, or any other person on such purchaser&#8217;s behalf or by such purchaser&#8217;s direction;<\/p>\n<p>&#8220;die&#8221; includes any plate, type, tool, implement, apparatus, appliance, device, process and any other means, used by or under the direction of the Commissioners for expressing or denoting any duty, or rate of duty or the fact that any duty or rate of duty or interest or penalty has been paid or that an instrument is duly stamped or is not chargeable with any duty or for denoting any fee, and also any part or combination of any such plate, type, tool, implement, apparatus, appliance, device, process and any such other means;<\/p>\n<p>&#8220;electronic return&#8221; means a return that is required to be made to the Commissioners by means of the e-stamping system;<\/p>\n<p>&#8220;e-stamping system&#8221; means the electronic system established by the Commissioners by means of which electronic returns can be made to, and stamp certificates can be issued by, the Commissioners;<\/p>\n<p>&#8220;executed&#8221; and &#8220;execution&#8221;, in relation to instruments not under seal, mean signed and signature;<\/p>\n<p>&#8220;fiqler&#8221; in relation to an instrument in respect of which a paper return is delivered to the Commissioners, means the person who would be the approved person or, as the case may be, the authorised person had the paper return been an electronic return;<\/p>\n<p>&#8220;forge&#8221; includes counterfeit and &#8220;forged&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;impressed&#8221; includes any method of applying, producing or indicating a stamp on instruments or material by means of a die;<\/p>\n<p>&#8220;instrument&#8221; includes every written document;<\/p>\n<p>&#8220;lineal descendant&#8221; in relation to a conveyance or transfer (whether on sale or as a voluntary disposition inter vivos), includes a person who, as transferee, is a child of the transferor;<\/p>\n<p>&#8220;marketable security&#8221; means a security of such a description as to be capable of being sold in any stock market in the State;<\/p>\n<p>&#8220;material&#8221; includes every sort of material on which words or figures can be expressed;<\/p>\n<p>&#8220;Minister&#8221; means the Minister for Finance;<\/p>\n<p>&#8220;money&#8221; includes all sums expressed in the currency of the State or in any foreign currency;<\/p>\n<p>&#8220;paper return&#8221; means a return in paper form that satisfies the requirements of an electronic return and is processed by the Commissioners through the e-stamping system;<\/p>\n<p>&#8220;policy of insurance&#8221; includes every writing whereby any contract of insurance is made or agreed to be made, or is evidenced, and &#8220;insurance&#8221; includes assurance;<\/p>\n<p>&#8220;policy of life insurance&#8221; means a policy of insurance on any life or lives or on any event or contingency relating to or depending on any life or lives except a policy of insurance for any payment agreed to be made on the death of any person only from accident or violence or otherwise than from a natural cause;<\/p>\n<p>&#8220;residential property&#8221;, in relation to a sale or lease, means &#8211;<br \/>\n(a)a building or part of a building which, at the date of the instrument of conveyance or lease &#8211;<br \/>\n(i)was used or was suitable for use as a dwelling,<br \/>\n(ii)was in the course of being constructed or adapted for use as a dwelling, or<br \/>\n(iii)had been constructed or adapted for use as a dwelling and had not since such construction or adaptation been adapted for any other use<br \/>\nand<br \/>\n(b)the curtilage of the residential property up to an area (exclusive of the site of the residential property) of one acre<br \/>\nbut where &#8211;<br \/>\n(I)in the year ending on 31 December immediately prior to the date of that instrument of conveyance or lease a rating authority &#8211;<br \/>\n(A)has made a rate or has not made a rate in respect of any particular property falling within Schedule 3 to the Valuation Act 2001, or<br \/>\n(B)has not made a rate in respect of any particular property falling within Schedule 4 to the Valuation Act 2001,<br \/>\nthen the whole or an appropriate part of that property as is referable to ordinary use other than as a dwelling at the date of that instrument of conveyance or lease or, where appropriate, when last ordinarily used, shall not be residential property, in relation to that sale or lease, or<br \/>\n(II)the area of the curtilage (exclusive of the site of the residential property) exceeds one acre, then the part which shall be residential property shall be taken to be the part which, if the remainder were separately occupied, would be the most suitable for occupation and enjoyment with the residential property;<\/p>\n<p>&#8220;Revenue officer&#8221; means an officer of the Commissioners;<\/p>\n<p>&#8220;stamp&#8221; means &#8211;<br \/>\n(a)any stamp, image, type, mark, seal, impression, imprint or perforation impressed by means of a die,<br \/>\n(b)any receipt in whatever form issued by or under the direction of the Commissioners,<br \/>\n(c)an adhesive stamp issued by or under the direction of the Commissioners, or<br \/>\n(d)a stamp certificate,<br \/>\nfor denoting any duty or fee;<\/p>\n<p>&#8220;stamp certificate&#8221; means &#8211;<br \/>\n(a)a certificate issued electronically by the Commissioners by means of the e-stamping system, or<br \/>\n(b)a certificate processed electronically by the Commissioners through the e-stamping system and issued by them in paper form;<\/p>\n<p>&#8220;stamped&#8221;, in relation to an instrument and material, applies as well to an instrument to which is attached a stamp certificate issued in respect of the instrument as to an instrument and material impressed with a stamp by means of a die and an instrument and material having an adhesive stamp affixed to it;<\/p>\n<p>&#8220;stock&#8221; includes any share in any stocks or funds transferable at the Bank of England or at the Bank of Ireland and any share in the stocks or funds of any foreign state or government, or in the capital stock or funded debt of any county council, a city council or a city and county council, corporation, company, or society in the State, or of any foreign corporation, company, or society and includes any option over any share in such stocks or funds;<\/p>\n<p>&#8220;stock certificate to bearer&#8221; includes every stock certificate to bearer issued under any Act authorising the creation of debenture stock, county stock, corporation stock, municipal stock, or funded debt, by whatever name known;<\/p>\n<p>&#8220;Teagasc&#8221; means Teagasc &#8211; The Agricultural and Food Development Authority.<\/p>\n<p>(1A)The following persons shall not be accountable persons for the purposes of this Act:<\/p>\n<p>(a)the National Treasury Management Agency;<\/p>\n<p>(b)the Minister in relation to a function exercised by the Minister which is capable of being delegated to the National Treasury Management Agency under section 5 of the National Treasury Management Agency Act 1990.<\/p>\n<p>(2)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended or extended by any subsequent enactment.<\/p>\n<p>(3)In this Act a reference to a Part, Chapter, section or Schedule is to a Part, Chapter or section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.<\/p>\n<p>(4)In this Act a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.<\/p>\n<p>Part 2<\/p>\n<h4>Charging and Stamping of Instruments (ss. 2-17A)<\/h4>\n<p>&nbsp;<\/p>\n<p>2. Charging of, liability for, and recovery of stamp duty.<br \/>\n(1)Any instrument which &#8211;<\/p>\n<p>(a)is specified in Schedule 1, and<\/p>\n<p>(b)is executed in the State or, wherever executed, relates to any property situated in the State or any matter or thing done or to be done in the State,<\/p>\n<p>shall be chargeable with stamp duty.<\/p>\n<p>(2)The stamp duties to be charged for the benefit of the Central Fund on the several instruments specified in Schedule 1 shall be the several duties specified in that Schedule, which duties shall be subject to the exemptions contained in this Act and in any other enactment for the time being in force.<\/p>\n<p>(3)Any instrument chargeable with stamp duty shall, unless it is written on duty stamped material, be duly stamped with the proper stamp duty before the expiration of 30 days after it is first executed<\/p>\n<p>(4)Where any instrument chargeable with stamp duty is not stamped or is insufficiently stamped &#8211;<\/p>\n<p>(a)the accountable person shall be liable, and<\/p>\n<p>(b)where there is more than one such accountable person they shall be liable jointly and severally,<\/p>\n<p>for the payment of the stamp duty or, where the instrument is insufficiently stamped, the additional stamp duty, any interest and penalty relating to any such duty.<\/p>\n<p>3.<\/p>\n<h4>Variation of certain rates of duty by order.<\/h4>\n<p>(1)Subject to this section, the Minister may &#8211;<\/p>\n<p>(a)by order vary the rate of duty chargeable on any instrument specified in Schedule 1 or may exempt such instrument from duty, and<\/p>\n<p>(b)make such order in respect of any particular class of instrument,<\/p>\n<p>but no order shall be made under this section for the purpose of increasing any of the rates of duty.<\/p>\n<p>(2)No order shall be made under this section for the purpose of varying the duty on any instrument or class of instrument where &#8211;<\/p>\n<p>(a)such instrument or class of instrument relates to &#8211;<\/p>\n<p>(i)any immovable property situated in the State or any rights or interest in such property,<\/p>\n<p>(ii)any stock or share of a company having a register in the State, or<\/p>\n<p>(iii)any risk situated in the State in relation to the heading &#8220;INSURANCE&#8221; in Schedule 1,<\/p>\n<p>or<\/p>\n<p>(b)such instrument or class of instrument is a bill of exchange.<\/p>\n<p>(3)Notwithstanding anything to the contrary contained in subsection (2), the Minister may make an order in respect of an instrument which is executed for the purposes of debt factoring.<\/p>\n<p>(4)The Minister may by order amend or revoke an order under this section, including an order under this subsection.<\/p>\n<p>(5)An order under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it has been made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under that order.<\/p>\n<p>(6)Every order under this section shall have statutory effect on the making of that order and, subject to subsection (5), unless the order either is confirmed by Act of the Oireachtas passed not later than the end of the year following that in which the order is made, or, is an order merely revoking wholly an order previously made under that subsection, the order shall cease to have statutory effect at the expiration of that period but without prejudice to the validity of anything previously done under that order.<\/p>\n<p>&nbsp;<\/p>\n<h4>Penalty on stamping instruments after execution.<\/h4>\n<p>(1)Except where express provision is in this Act made, any instrument which is unstamped or insufficiently stamped may be stamped after the expiration of the time for stamping provided for in subsection (3) of section 2, on payment of the unpaid duty and on payment, where the unpaid duty exceeds \u20ac30, of interest on such duty, calculated in accordance with section 159D, from the day on which that instrument was first executed to the day of payment of the unpaid duty.<\/p>\n<p>(2)[deleted]<\/p>\n<p>(2A)[deleted]<\/p>\n<p>(3)[deleted]<\/p>\n<p>(4)The payment of any interest payable on stamping shall be denoted on the instrument by a particular stamp or by way of inclusion in a stamp certificate issued in respect of that instrument.<\/p>\n<p>(5)[deleted]<\/p>\n<p>14A.<\/p>\n<h4>Late filing of return.<\/h4>\n<p>&nbsp;<\/p>\n<p>(1)In this section &#8216;specified return date&#8217; means the thirtieth day after the date of the first execution of an instrument chargeable with duty.<\/p>\n<p>(2)For the purposes of this section &#8211;<\/p>\n<p>(a)where an accountable person deliberately or carelessly causes the delivery of an incorrect electronic return or a paper return on or before the specified return date, that person shall be deemed to have failed to have delivered the return on or before that date unless the error in the return is remedied by the delivery of a correct return on or before that date,<\/p>\n<p>(b)where an accountable person causes the delivery of an incorrect electronic return or a paper return on or before the specified return date, but does so neither deliberately nor carelessly and it comes to that person&#8217;s notice (or, if he or she has died, to the notice of his or her personal representative) that it is incorrect, the person shall be deemed to have failed to have delivered the return on or before the specified return date unless the error in the return is remedied by the delivery of a correct return without unreasonable delay, and<\/p>\n<p>(c)where an accountable person causes the delivery of an electronic return or a paper return on or before the specified return date, but the Commissioners, by reason of being dissatisfied with any information contained in the return, require that person, by notice in writing served on him or her, to deliver a statement or evidence, or further statement or evidence, as may be required by them, the person shall be deemed not to have delivered the return on or before the specified return date unless the person delivers the statement or evidence, or further statement or evidence, within the time specified in any notice.<\/p>\n<p>(3)Where an accountable person fails to cause the delivery of an electronic return or a paper return in relation to an instrument on or before the specified return date, any amount of stamp duty chargeable which, apart from this section, is contained in an assessment of stamp duty made under section 20 shall be increased by an amount (in this subsection referred to as a &#8216;surcharge&#8217;) equal to &#8211;<\/p>\n<p>(a)5 per cent of that amount of duty, subject to a maximum surcharge of \u20ac12,695, where the return is delivered before the expiry of 2 months from the specified return date, and<\/p>\n<p>(b)10 per cent of that amount of duty, subject to a maximum surcharge of \u20ac63,485, where the return is not delivered before the expiry of 2 months from the specified return date.<\/p>\n<p>15. Surcharges for undervaluation in case of voluntary dispositions inter vivos.<br \/>\nDeleted from 7 July 2012<br \/>\n(1)Where an instrument operates or is deemed to operate as a voluntary disposition inter vivos by operation of section 30 or 54 and the statement of value of such property, or in the case of a lease the minimum amount or value referred to in section 54, provided to the Commissioners under subsection (5) of section 8 (in this section referred to as the &#8220;submitted value&#8221;) is less than the value of the property as agreed with, or ascertained by, the Commissioners, subject to the right of appeal under section 21, (in this section referred to as the &#8220;ascertained value&#8221;) then, as a penalty, the duty chargeable on the conveyance or transfer, or lease, shall be increased by an amount (in this section referred to as the &#8220;surcharge&#8221;) calculated according to the following provisions:<\/p>\n<p>(a)subject to subsection (2), where the submitted value is less than the ascertained value by an amount which is greater than 15 per cent of the ascertained value but not greater than 30 per cent of the ascertained value, a surcharge equal to 25 per cent of the total duty chargeable on the instrument;<\/p>\n<p>(b)where the submitted value is less than the ascertained value by an amount which is greater than 30 per cent of the ascertained value but not greater than 50 per cent of the ascertained value, a surcharge equal to 50 per cent of the total duty chargeable on the instrument;<\/p>\n<p>(c)where the submitted value is less than the ascertained value by an amount which is greater than 50 per cent of the ascertained value, a surcharge equal to the total duty chargeable on the instrument.<\/p>\n<p>(2)No surcharge shall be chargeable under paragraph (a) of subsection (1) where the difference between the submitted value and the ascertained value is less than \u20ac6,350.<\/p>\n<p>(3)Where a statement of value, or in the case of a lease the minimum amount or value referred to in section 54, is not provided in accordance with subsection (5) of section 8, then the liability of an instrument to a surcharge under this section may be ascertained by the Commissioners by the substitution of the consideration, other than rent in the case of lease, stated in the instrument for the submitted value.<\/p>\n<p>&nbsp;<\/p>\n<p>16. Surcharges to apply when apportionment is not just and reasonable.<br \/>\nDeleted from 7 July 2012<br \/>\n(1)In this section &#8220;residential consideration&#8221; means &#8211;<br \/>\n(a)in the case of a sale to which section 45(2)(a) refers, or a lease to which section 52(5)(a) refers, the amount or value of the consideration for the sale or lease which is deemed to be attributable to residential property, and<br \/>\n(b)in the case of a sale to which section 45(2)(b) refers, or a lease to which section 52(5)(b) refers, the amount or value of the aggregate consideration (within the meaning of section 45(2) or 52(5), respectively) which is deemed to be attributable to residential property.<\/p>\n<p>(2)Where &#8211;<\/p>\n<p>(a)in relation to any sale, section 45 (2) refers, an estimate (in this section referred to as the &#8220;vendor&#8217;s estimate&#8221; or as the &#8220;purchaser&#8217;s estimate&#8221;, as the case may be) of the residential consideration shall be made by the vendor and by the purchaser, and<\/p>\n<p>(b)in relation to any lease, section 52 (5) refers, an estimate (in this section referred to as the &#8220;lessor&#8217;s estimate&#8221; or as the &#8220;lessee&#8217;s estimate&#8221;, as the case may be) of the residential consideration shall be made by the lessor and by the lessee,<\/p>\n<p>and those estimates together with the amount or value of the aggregate consideration (within the meaning of section 45 (2) or 52(5), as appropriate) shall be brought to the attention of the Commissioners in the statement delivered under section 8 (2) and that statement shall be signed by the vendor or lessor and by the purchaser or lessee, as appropriate, and where the requirements of this subsection are not complied with any person who executes the instrument whereby that sale or lease is effected shall for the purposes of section 8(3) or 134A(2) (a), as the case may be, be presumed, until the contrary is proven, to have acted negligently or deliberately, as the case may be.<\/p>\n<p>(3)Where the purchaser&#8217;s or lessee&#8217;s estimate (in this subsection referred to as the &#8220;submitted value&#8221;) is less than or greater than the residential value agreed with, or ascertained by, the Commissioners, subject to the right of appeal under section 21, (in this subsection referred to as the &#8220;ascertained value&#8221;) then, as a penalty, the duty chargeable on the instrument, shall, where an assessment of duty based on the ascertained value would result in a greater amount than an assessment based on the submitted value, be increased by an amount (in this subsection referred to as the &#8220;surcharge&#8221;) calculated according to the following provisions:<\/p>\n<p>(a)where the submitted value is less than or greater than the ascertained value by an amount which is greater than 10 per cent of the ascertained value but not greater than 30 per cent of the ascertained value, a surcharge equal to 50 per cent of the difference between the duty chargeable by reference to the ascertained value and the duty chargeable by reference to the submitted value;<\/p>\n<p>(b)where the submitted value is less than or greater than the ascertained value by an amount which is greater than 30 per cent of the ascertained value, a surcharge equal to the difference between the duty chargeable by reference to the ascertained value and the duty chargeable by reference to the submitted value.<\/p>\n<p>(4)<\/p>\n<p>(a)Notwithstanding any other provision to the contrary in this Act, the purchaser or lessee, as the case may be, shall, subject to paragraph (b), be entitled to recover from the vendor or lessor one-half of that surcharge.<\/p>\n<p>(b)Where the estimate of the vendor or lessor, as the case may be, is less than or greater than the submitted value, the amount which the purchaser or lessee shall be entitled to recover from the vendor or lessor shall not exceed one-half of what the surcharge would be if the submitted value were equal to the vendor&#8217;s or lessor&#8217;s estimate.<\/p>\n<p>&nbsp;<\/p>\n<p>17. Furnishing of an incorrect certificate.<br \/>\nDeleted from 7 July 2012<br \/>\nThe furnishing of an incorrect certificate for the purpose of Schedule 1 shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act, 1997.<\/p>\n<p>17A.<\/p>\n<h4>E-stamping regulations.<\/h4>\n<p>&nbsp;<\/p>\n<p>The Commissioners may make regulations with respect to the operation of the e-stamping system and those regulations may in particular, but without prejudice to the generality of the foregoing, include provision &#8211;<\/p>\n<p>(a)for the commencement of the operation of the e-stamping system,<\/p>\n<p>(b)for requiring instruments, or a specified class, or specified classes, of instruments, chargeable with stamp duty, to be stamped by means of the e-stamping system,<\/p>\n<p>(c)for requiring delivery of information and the manner of its delivery in relation to the facts and circumstances affecting the chargeability of an instrument to duty,<\/p>\n<p>(d)as to the making of an electronic return or a paper return and the information that is required to be included in the return, including the manner in which the information is to be entered into the e-stamping system,<\/p>\n<p>(e)as to how stamp duty is to be paid to the Commissioners in respect of an instrument which is to be stamped by means of the e-stamping system,<\/p>\n<p>(f)as to the issue of stamp certificates denoting in respect of an instrument &#8211;<\/p>\n<p>(i)that the stamp duty chargeable on the instrument (including any interest) has been paid in accordance with the electronic return or paper return,<\/p>\n<p>(ii)[deleted]<\/p>\n<p>(iii)that the instrument is not chargeable with any stamp duty,<\/p>\n<p>(iv)that the instrument is a duplicate or counterpart of an original instrument, or<\/p>\n<p>(v)that the stamp duty with which the instrument is chargeable depends in any manner on the duty paid on another instrument,<\/p>\n<p>(g)as to the issue, amendment or withdrawal of authorisations in relation to the use of the e-stamping system, and<\/p>\n<p>(h)as to measures to protect the integrity of the e-stamping system.<\/p>\n<p>Part 3<\/p>\n<h4>Valuation (ss. 18-19)<\/h4>\n<p>18.<\/p>\n<h4>Mode of valuing property.<\/h4>\n<p>For the purposes of sections 30 and 33(1), the value of property conveyed or transferred by an instrument chargeable with duty in accordance with either of those sections shall be determined without regard to &#8211;<\/p>\n<p>(a)any power (whether or not contained in the instrument) on the exercise of which the property, or any part of or any interest in, the property, may be revested in the person from whom it was conveyed or transferred or in any person on his or her behalf,<\/p>\n<p>(b)any annuity or other periodic payment reserved out of the property or any part of it, or any life or other interest so reserved, being an interest which is subject to forfeiture, or<\/p>\n<p>(c)any right of residence, support, maintenance, or other right of a similar nature which the property is subject to or charged with, except where such rights are reserved in favour of the transferor or the spouse or civil partner of the transferor and in any such case regard shall be had to such rights only to the extent that their value does not exceed 10 per cent of the unencumbered value of the property,<\/p>\n<p>but if on a claim made to the Commissioners not later than 4 years from the date the instrument was stamped by the Commissioners it is shown to their satisfaction that any such power as is mentioned in paragraph (a) has been exercised in relation to the property and the property or any property representing it has been reconveyed or retransferred in the whole or in part in consequence of that exercise, the Commissioners shall, subject to section 159A, repay the stamp duty paid by virtue of this section, in a case where the whole of such property has been so reconveyed or retransferred, so far as it exceeds the stamp duty which would have been payable apart from this section and, in any other case, so far as it exceeds the stamp duty which would have been payable if the instrument had operated to convey or transfer only such property as is not so reconveyed or retransferred.<\/p>\n<p>19. Valuation of property chargeable with stamp duty.<br \/>\nThe Commissioners shall ascertain the value of property the subject of an instrument chargeable with stamp duty in the same manner, subject to any necessary modification, as is provided for in section 26 of the Capital Acquisitions Tax Consolidation Act 2003.<\/p>\n<p>Part 4<\/p>\n<h4>Adjudication and Appeals (ss. 20-21)<\/h4>\n<p>20.<\/p>\n<p>Assessment of duty by the Commissioners.<br \/>\n(1)Notwithstanding subsection (2), where an electronic return or a paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that return an assessment of such amount of stamp duty that, to the best of the accountable person&#8217;s knowledge, information and belief, ought to be charged, levied and paid on the instrument and the accountable person shall pay, or cause to be paid, the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.<\/p>\n<p>(2A)If at any time it appears for any reason an assessment is incorrect the Commissioners shall make such other assessment as they consider appropriate and any such assessment shall be substituted for the first-mentioned assessment.<\/p>\n<p>(2)Where an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument required to be stamped by means of the e-stamping system, the Commissioners shall make an assessment of such amount of stamp duty as, to the best of their knowledge, information (including information received from a member of the Garda S\u00edoch\u00e1na) and belief, ought to be charged, levied and paid on the instrument and an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.<\/p>\n<p>(3)Where the Commissioners make an assessment to be substituted for another assessment, an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D.<\/p>\n<p>(4)The Commissioners may require to be furnished with a copy of the instrument, together with such evidence as they may deem necessary, in order to show to their satisfaction that the instrument has been or will be correctly stamped.<\/p>\n<p>(5)Every instrument stamped in conformity with an assessment made under this section shall be admissible in evidence and available for all purposes notwithstanding any objection relating to duty.<\/p>\n<p>(6)An instrument which is chargeable with duty shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with an assessment.<\/p>\n<p>(7)Nothing in this section shall authorise the stamping after its execution of any instrument which by law cannot be stamped after execution.<\/p>\n<p>(8)The Commissioners may make such enquiries or take such actions as they consider necessary to satisfy themselves as to the accuracy of an electronic return or a paper return delivered in relation to an instrument required to be stamped.<\/p>\n<p>(9)Where an amended electronic return or an amended paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that amended return an assessment to be substituted for an earlier assessment.<\/p>\n<p>(10)An assessment of stamp duty shall, where subsection (3) of section 14A applies, include any surcharge within the meaning of that subsection.<\/p>\n<p>21. Right of appeal of persons dissatisfied with assessment or decision.<br \/>\n(1)[deleted]<\/p>\n<p>(2)An accountable person aggrieved by an assessment to stamp duty made on that person may appeal the assessment to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notice of assessment.<\/p>\n<p>(3)No appeal may be made against &#8211;<\/p>\n<p>(a)an assessment made by an accountable person, or<\/p>\n<p>(b)an assessment made on an accountable person by the Commissioners, where the duty had been agreed between the Commissioners and the accountable person, or any person authorised by the accountable person in that behalf, before the making of the assessment.<\/p>\n<p>(4)<\/p>\n<p>(a)Where &#8211;<\/p>\n<p>(i)an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument, or<\/p>\n<p>(ii)the Commissioners are not satisfied with the electronic return or the paper return which has been delivered, or have received any information as to its insufficiency,<\/p>\n<p>and the Commissioners make an assessment in accordance with section 20, no appeal lies against the assessment until such time as &#8211;<\/p>\n<p>(I)in a case to which subparagraph (i) applies, an electronic return or a paper return is delivered to the Commissioners, and<\/p>\n<p>(II)in a case to which either subparagraph (i) or (ii) applies, the accountable person pays or has paid an amount of duty on foot of the assessment which is not less than the duty which would be payable on foot of the assessment if the assessment were made in all respects by reference to the return delivered to the Commissioners.<\/p>\n<p>(b)References in this subsection to an amount of duty shall be construed as including a surcharge under section 14A(3) and any amount of interest which would be due and payable on that duty, calculated in accordance with section 159D, at the date of payment of the duty, together with any costs incurred or other amounts which may be charged or levied in pursuing the collection of the duty contained in the assessment.<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)[deleted]<\/p>\n<p>(8)Notwithstanding subsection (2) &#8211;<\/p>\n<p>(a)any person dissatisfied with any decision of the Commissioners as to the value of any land for the purpose of an assessment under this Act may appeal against such decision in the manner prescribed by section 33 (as amended by the Property Values (Arbitrations and Appeals) Act 1960) of the Finance (1909-10) Act 1910, and so much of Part I of that Act as relates to appeals shall apply to an appeal under this subsection;<\/p>\n<p>(b)an appeal shall not lie under subsection (2) on any question relating to the value of any land.<\/p>\n<p>(9)In default of an appeal, in accordance with section 949I of the Taxes Consolidation Act 1997 or section 121, as the case may be, being made by an accountable person to whom a notice of assessment has been given, the assessment made on the person shall be final and conclusive.<\/p>\n<p>(10)An assessment that is otherwise final and conclusive shall not, for any purpose of this Act, be regarded as not final and conclusive or as ceasing to be final and conclusive by reason only of the fact that a Revenue officer has amended, or may amend, the assessment.<\/p>\n<p>&nbsp;<\/p>\n<p>81.<\/p>\n<h4>Young trained farmers.<\/h4>\n<p>(1)In this section and Schedule 2 &#8211;<\/p>\n<p>&#8220;an interest in land&#8221; means an interest which is not subject to any power (whether or not contained in the instrument) on the exercise of which the land, or any part of or any interest in the land, may be revested in the person from whom it was conveyed or transferred or in any person on behalf of such person;<\/p>\n<p>&#8220;land&#8221; means agricultural land and includes such farm buildings, farm houses and mansion houses (together with the lands occupied with such farm buildings, farm houses and mansion houses) as are of a character appropriate to the land;<\/p>\n<p>&#8220;young trained farmer&#8221; means a person in respect of whom it is shown to the satisfaction of the Commissioners &#8211;<br \/>\n(a)that such person had not attained the age of 35 years on the date on which the instrument, as respect which relief is being claimed under this section, was executed, and<br \/>\n(b)<br \/>\n(i)that such person is the holder of a qualification set out in Schedule 2 and, in the case of a qualification set out in subparagraph (c), (d), (e), (f) or (g) of paragraph 3 or paragraph 4 of that Schedule, is also the holder of a certificate issued by Teagasc certifying that such person has satisfactorily attended a course of training in farm management, the aggregate duration of which exceeded 80 hours, or<br \/>\n(ii)<br \/>\n(I)that such person has satisfactorily attended full-time a course at a third-level institution in any discipline for a period of not less than 2 years duration, and<br \/>\n(II)is the holder of a certificate issued by Teagasc certifying satisfactory attendance at a course of training in either or both agriculture and horticulture, the aggregate duration of which exceeded 180 hours,<br \/>\nor<br \/>\n(iii)if born before 1 January 1968 that such person is the holder of a certificate issued by Teagasc certifying that such person &#8211;<br \/>\n(I)has had farming as the principal occupation for a period of not less than 3 years, and<br \/>\n(II)has satisfactorily attended a course of training in either or both agriculture and horticulture, the aggregate duration of which exceeded 180 hours,<br \/>\nand notwithstanding paragraphs (a) and (b), where Teagasc certifies that any other qualification corresponds to a qualification which is set out in Schedule 2, the Commissioners shall, for the purposes of this section, treat that other qualification as if it were the corresponding qualification so set out.<\/p>\n<p>(2)No stamp duty shall be chargeable under or by reference to the heading &#8220;CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance&#8221; in Schedule 1 on any instrument to which this section applies.<\/p>\n<p>(3)This section applies to any instrument which operates as a conveyance or transfer (whether on sale or as a voluntary disposition inter vivos) of an interest in land to a young trained farmer where &#8211;<\/p>\n<p>(a)the instrument contains a certificate that this section applies,<\/p>\n<p>(b)a declaration made in writing by the young trained farmer, or each of them if there is more than one, is furnished to the Commissioners when the instrument is presented for stamping, confirming, to the satisfaction of the Commissioners, that it is the intention of such person, or each such person, for a period of not less than 5 years from the date of execution of the instrument to &#8211;<\/p>\n<p>(i)spend not less than 50 per cent of that person&#8217;s normal working time farming the land, and<\/p>\n<p>(ii)retain ownership of the land,<\/p>\n<p>and<\/p>\n<p>(c)the identifying reference number, known as the Revenue and Social Insurance (RSI) Number, of the young trained farmer, or each of them if there is more than one, is furnished to the Commissioners when the instrument is presented for stamping.<\/p>\n<p>(4)Notwithstanding subsection (3), this section shall apply where the property is conveyed or transferred into joint ownership where all the joint owners are young trained farmers or where any of the joint owners is a spouse of another joint owner who is a young trained farmer.<\/p>\n<p>(5)Where this section would have applied to the instrument, except for the fact that a person to whom the land is being conveyed or transferred is not a young trained farmer on the date when the instrument was executed, by reason of not being the holder of one of the qualifications, or an equivalent qualification, specified in Schedule 2 or, in the case of the requirement in paragraph (b) (ii) (I) of the definition of &#8220;young trained farmer&#8221; in subsection (1), not having attended full-time for the required 2 years&#8217; duration, but that such person had completed on that date at least one academic year of the prescribed course leading to an award of such qualification, or the course prescribed in paragraph (b) (ii) (I) of that definition, then &#8211;<\/p>\n<p>(a)if such person becomes a holder of such qualification, or satisfactorily attends such course full-time for a period of 2 years, within a period of 3 years from the date of execution of the instrument, the Commissioners shall, on production of the stamped instrument to them within 6 months after the date when such person became the holder of such qualification, or completed the required 2 years&#8217; attendance on such course, and on furnishing satisfactory evidence of compliance with this subsection, the declaration and the Revenue and Social Insurance (RSI) Number, as provided for in subsection (3), cancel and refund, without payment of interest on the duty, such duty as would not have been chargeable had this section applied to the instrument when it was first presented for stamping, and<\/p>\n<p>(b)the period of 5 years provided for in subsection (3) in relation to the declaration to be made by such person, as it applies to normal working time, shall be reduced by the period of time that elapsed between the date of the instrument and the date on which such person became the holder of such qualification or completed the required 2 years&#8217; attendance on such course.<\/p>\n<p>(6)Subsection (2) shall not apply to an instrument unless it has, in accordance with section 20, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.<\/p>\n<p>(7)<\/p>\n<p>(a)Where any person to whom land was conveyed or transferred by any instrument in respect of which relief from stamp duty under subsection (2) applied &#8211;<\/p>\n<p>(i)disposes of such land, or part of such land (in this subsection referred to as a &#8216;part disposal&#8217;), within a period of 5 years from the date of execution of that instrument, and<\/p>\n<p>(ii)does not fully expend the proceeds from such disposal, or as the case may be, such part disposal, in acquiring other land within a period of one year from the date of such disposal,<\/p>\n<p>then, such person or, where there is more than one such person, each such person, jointly and severally, shall become liable to pay to the Commissioners an a-mount (in this section referred to as a &#8216;clawback&#8217;) equal to an amount determined by the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>S is the amount of stamp duty which would have been charged on that instrument had relief under subsection (2) not applied,<\/p>\n<p>V is the market value of all the land that was conveyed or transferred by the instrument immediately before the disposal, or as the case may be, the part disposal of the land, and<\/p>\n<p>N is the amount of proceeds from the disposal, or as the case may be, the part disposal of the land that was not expended in acquiring other land.<\/p>\n<p>(aa)interest shall be payable on a clawback incurred under paragraph (a), calculated in accordance with section 159D, or part of a day from the date of disposal, or as the case may be, part disposal of the land to the date the clawback is remitted.<\/p>\n<p>(ab)For the purposes of paragraph (a) &#8211;<\/p>\n<p>(i)where a disposal of land is effected in whole or in part by way of a voluntary disposition inter vivos, an amount equal to the market value of the lands disposed of, at the date of the disposal, shall be deemed to be the proceeds from such disposal,<\/p>\n<p>(ii)where any property is received by way of exchange, in whole or in part for a disposal, an amount equal to the market value of such property, at the date of the disposal, shall be deemed to be proceeds from such disposal, and<\/p>\n<p>(iii)where subparagraph (ii) applies and property received by way of exchange is land or includes land, an amount equal to the market value of such land at the date of the disposal shall be deemed to have been expended in acquiring other land.<\/p>\n<p>(ac)A person shall not be liable to a clawback under paragraph (a), if and to the extent that any clawback or, as the case may be, the aggregate of any clawbacks, paid by that person under paragraph (a), exceeds the stamp duty which would have been charged on the instrument had relief under subsection (2) not applied.<\/p>\n<p>(b)Where any claim for relief from duty under this section has been allowed and it is subsequently found that a declaration made, or a certificate contained in the instrument, in accordance with subsection (3) &#8211;<\/p>\n<p>(i)was untrue in any material particular which would have resulted in the relief afforded by this section not being granted, and<\/p>\n<p>(ii)was made, or was included, knowing same to be untrue or in reckless disregard as to whether it was true or not,<\/p>\n<p>then any person who made such a declaration, or where a false certificate has been included, the person or persons to whom the land is conveyed or transferred by the instrument, jointly and severally, shall be liable to pay to the Commissioners as a penalty an amount equal to 125 per cent of the duty which would have been charged on the instrument in the first instance had all the facts been truthfully declared and certified, together with interest charged on that amount as may so become payable, calculated in accordance with section 159D, from the date when the instrument was executed to the date the penalty is remitted.<\/p>\n<p>(8)Notwithstanding subsection (7) &#8211;<\/p>\n<p>(a)where relief under this section was allowed in respect of any instrument, a disposal by a young trained farmer of part of the land to a spouse for the purpose of creating a joint tenancy in the land, or where the instrument conveyed or transferred the land to joint owners, a disposal by one joint owner to another of any part of the land, shall not be regarded as a disposal to which subsection (7) applies, but on such disposal, such part of the land shall be treated for the purposes of subsection (7) as if it had been conveyed or transferred immediately to the spouse or other joint owner by the instrument in respect of which relief from duty under this section was allowed in the first instance;<\/p>\n<p>(b)a person shall not be liable to more than one penalty under paragraph (b) of subsection (7);<\/p>\n<p>(c)a person shall not be liable to a clawback under paragraph (a) of subsection (7) if and to the extent that such person has paid a penalty under paragraph (b) of subsection (7), and<\/p>\n<p>(d)a person shall not be liable to a penalty under paragraph (b) of subsection (7), if and to the extent that such person has paid a clawback under paragraph (a) of subsection (7).<\/p>\n<p>(9)This section shall apply as respects instruments executed before the date of the passing of the Finance Act 2004.<\/p>\n<p>81A.<\/p>\n<h4>Further relief from stamp duty in respect of transfers to young trained farmers.<\/h4>\n<p>(1)In this section and Schedule 2A &#8211;<\/p>\n<p>&#8220;interest in land&#8221; means an interest which is not subject to any power (whether or not contained in the instrument) on the exercise of which the land, or any part of or any interest in the land, may be revested in the person from whom it was conveyed or transferred or in any person on behalf of such person;<\/p>\n<p>&#8220;land&#8221; means agricultural land and includes such farm buildings, farm houses and mansion houses (together with the lands occupied with such farm buildings, farm houses and mansion houses) as are of a character appropriate to the land;<\/p>\n<p>&#8220;Schedule 2A qualification&#8221; means a qualification set out in Schedule 2A;<\/p>\n<p>&#8220;young trained farmer&#8221; means a person in respect of whom it is shown to the satisfaction of the Commissioners that &#8211;<br \/>\n(a)the person had not attained the age of 35 years on the date on which the instrument, as respect which relief is being claimed under this section, was executed, and<br \/>\n(b)the conditions referred to in subsection (2), (3) or (4) are satisfied.<\/p>\n<p>(2)The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer, is the holder of a Schedule 2A qualification, and &#8211;<\/p>\n<p>(a)in the case of a qualification set out in subparagraph (f) of paragraph 1, or subparagraph (h) of paragraph 2, of that Schedule, is also the holder of a certificate awarded by the Further Education and Training Awards Council for achieving the minimum stipulated standard in assessments completed in a course of training approved by Teagasc &#8211;<\/p>\n<p>(i)in either or both agriculture and horticulture, the aggregate duration of which exceeded 100 hours, and<\/p>\n<p>(ii)in farm management, the aggregate duration of which exceeded 80 hours,<\/p>\n<p>or<\/p>\n<p>(b)in the case of a qualification set out in subparagraph (b), (c) or (d) of paragraph 3 of that Schedule, is also the holder of a certificate awarded by the Further Education and Training Awards Council for achieving the minimum stipulated standard in assessments completed in a course of training, approved by Teagasc, in farm management, the aggregate duration of which exceeded 80 hours.<\/p>\n<p>(3)The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer &#8211;<\/p>\n<p>(a)has achieved the required standard for entry into the third year of a full-time course in any discipline of 3 or more years&#8217; duration at a third-level institution, and that has been confirmed by that institution, and<\/p>\n<p>(b)is the holder of a certificate awarded by the Further Education and Training Awards Council for achieving a minimum stipulated standard in assessments completed in a course of training, approved by Teagasc &#8211;<\/p>\n<p>(i)in either or both agriculture and horticulture, the aggregate duration of which exceeded 100 hours, and<\/p>\n<p>(ii)in farm management, the aggregate duration of which exceeded 80 hours.<\/p>\n<p>(4)The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer, is the holder of a letter of confirmation from Teagasc, confirming satisfactory completion of a course of training, approved by Teagasc, for persons, who in the opinion of Teagasc, are restricted in their learning capacity due to physical, sensory, mental health or intellectual disability.<\/p>\n<p>(5)For the purposes of subsection (2), where Teagasc certifies that &#8211;<\/p>\n<p>(a)any other qualification corresponds to a Schedule 2A qualification, and<\/p>\n<p>(b)that other qualification is deemed by the National Qualifications Authority of Ireland to be at least at a standard equivalent to that of the Schedule 2A qualification,<\/p>\n<p>the Commissioners shall treat that other qualification as if it were a Schedule 2A qualification.<\/p>\n<p>(6)No stamp duty shall be chargeable under or by reference to the heading &#8220;CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance&#8221; in Schedule 1 on any instrument to which this section applies.<\/p>\n<p>(7)This section applies to any instrument which operates as a conveyance or transfer (whether on sale or as a voluntary disposition inter vivos) of an interest in land to a young trained farmer where &#8211;<\/p>\n<p>(a)the instrument contains a certificate that this section applies,<\/p>\n<p>(b)a declaration made in writing by the young trained farmer, or each of them if there is more than one, is furnished to the Commissioners when the instrument is presented for stamping, confirming, to the satisfaction of the Commissioners, that it is the intention of such person, or each such person, for a period of not less than 5 years from the date of execution of the instrument to &#8211;<\/p>\n<p>(i)spend not less than 50 per cent of that person&#8217;s normal working time, farming the land, and<\/p>\n<p>(ii)retain ownership of the land,<\/p>\n<p>and<\/p>\n<p>(c)the identifying reference number, known as the Personal Public Service (PPS) Number, of the young trained farmer, or each of them if there is more than one, is furnished to the Commissioners when the instrument is presented for stamping.<\/p>\n<p>(8)Notwithstanding subsection (7), this section shall apply where the property is conveyed or transferred into joint ownership where all the joint owners are young trained farmers or where any of the joint owners is a spouse of another joint owner who is a young trained farmer.<\/p>\n<p>(9)<\/p>\n<p>(a)For the purposes of this subsection, a person &#8220;achieves the standard&#8221; at any time where at that time the person &#8211;<\/p>\n<p>(i)is the holder of a Schedule 2A qualification or a qualification treated, by virtue of subsection (5), as being a Schedule 2A qualification,<\/p>\n<p>(ii)satisfies the conditions set out in subsection (3) (a), or<\/p>\n<p>(iii)satisfies the conditions set out in subsection (4),<\/p>\n<p>and whether a person has or has not achieved the standard shall be construed accordingly.<\/p>\n<p>(b)This subsection applies to an instrument by means of which land is conveyed or transferred to a person (in this subsection referred to as the &#8220;transferee&#8221;) who on the date the instrument was executed &#8211;<\/p>\n<p>(i)was not a young trained farmer by reason only of the fact that the transferee on that date had not achieved the standard, and<\/p>\n<p>(ii)had completed not less than one academic year of a course necessary to be taken to achieve the standard.<\/p>\n<p>(c)Where within 3 years from the date of execution of an instrument to which this subsection refers, the transferee achieves the standard, the Commissioners shall, on production to them, within 6 months after the date on which the standard was achieved, of &#8211;<\/p>\n<p>(i)the stamped instrument,<\/p>\n<p>(ii)subject to paragraph (d), the declaration referred to in subsection (7) (b),<\/p>\n<p>(iii)the Personal Public Service (PPS) Number referred to in subsection (7) (c), and<\/p>\n<p>(iv)satisfactory evidence of compliance with this subsection,<\/p>\n<p>cancel and refund such duty as would not have been chargeable had this section applied to the instrument when it was first presented for stamping.<\/p>\n<p>(d)For the purposes of paragraph (c) (ii), the period of 5 years referred to in subsection (7) (b) as it relates to the requirement that a person spend not less than 50 per cent of the person&#8217;s normal working time farming land, shall be reduced by the period of time that elapsed between the date of the instrument and the date on which the transferee achieved the standard.<\/p>\n<p>(10)Subsection (6) shall not apply to an instrument unless it has, in accordance with section 20, been stamped with a particular stamp denoting that it is not chargeable with any duty.<\/p>\n<p>(11)<\/p>\n<p>(a)Where any person to whom land was conveyed or transferred by any instrument in respect of which relief from stamp duty under subsection (6) applied &#8211;<\/p>\n<p>(i)disposes of such land, or part of such land (in this subsection referred to as a &#8216;part disposal&#8217;), within a period of 5 years from the date of execution of that instrument, and<\/p>\n<p>(ii)does not fully expend the proceeds from such disposal, or as the case may be, such part disposal, in acquiring other land within a period of one year from the date of such disposal,<\/p>\n<p>then, such person or, where there is more than one such person, each such person, jointly and severally, shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to an amount determined by the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>S is the amount of stamp duty which would have been charged on that instrument had relief under subsection (6) not applied,<\/p>\n<p>V is the market value of all the land that was conveyed or transferred by the instrument immediately before the disposal, or as the case may be, the Part disposal of the land, and<\/p>\n<p>N is the amount of proceeds from the disposal, or as the case may be, the Part disposal of the land that was not expended in acquiring other land.<\/p>\n<p>(aa)interest shall be payable on a clawback incurred under paragraph (a), calculated in accordance with section 159D, from the date of disposal, or as the case may be, Part disposal of the land to the date the clawback is remitted.<\/p>\n<p>(ab)For the purposes of paragraph (a) &#8211;<\/p>\n<p>(i)where a disposal of land is effected in whole or in Part by way of a voluntary disposition inter vivos, an amount equal to the market value of the lands disposed of, at the date of the disposal, shall be deemed to be the proceeds from such disposal,<\/p>\n<p>(ii)where any property is received by way of exchange, in whole or in Part for a disposal, an amount equal to the market value of such property, at the date of the disposal, shall be deemed to be proceeds from such disposal, and<\/p>\n<p>(iii)where subparagraph (ii) applies and property received by way of exchange is land or includes land, an amount equal to the market value of such land at the date of the disposal shall be deemed to have been expended in acquiring other land.<\/p>\n<p>(ac)A person shall not be liable to a clawback under paragraph (a), if and to the extent that any clawback or, as the case may be, the aggregate of any clawbacks, paid by that person under paragraph (a), exceeds the stamp duty which would have been charged on the instrument had relief under subsection (6) not applied.<\/p>\n<p>(b)Where any claim for relief from duty under this section has been allowed and it is subsequently found that a declaration made, or a certificate contained in the instrument, in accordance with subsection (7) &#8211;<\/p>\n<p>(i)was untrue in any material particular which would have resulted in the relief afforded by this section not being granted, and<\/p>\n<p>(ii)was made, or was included, knowing same to be untrue or in reckless disregard as to whether it was true or not,<\/p>\n<p>then any person who made such a declaration, or where a false certificate has been included, the person or persons to whom the land is conveyed or transferred by the instrument, jointly and severally, shall be liable to pay to the Commissioners as a penalty an amount equal to 125 per cent of the duty which would have been charged on the instrument in the first instance had all the facts been truthfully declared and certified, together with interest charged on that amount as may so become payable, calculated in accordance with section 159D, from the date when the instrument was executed to the date the penalty is remitted.<\/p>\n<p>(12)Notwithstanding subsection (11) &#8211;<\/p>\n<p>(a)where relief under this section was allowed in respect of any instrument, a disposal by a young trained farmer of part of the land to a spouse for the purpose of creating a joint tenancy in the land, or where the instrument conveyed or transferred the land to joint owners, a disposal by one joint owner to another of any part of the land, shall not be regarded as a disposal to which subsection (11) applies, but on such disposal, such part of the land shall be treated for the purposes of subsection (11) as if it had been conveyed or transferred immediately to the spouse or other joint owner by the instrument in respect of which relief from duty under this section was allowed in the first instance,<\/p>\n<p>(b)a person shall not be liable to more than one penalty under paragraph (b) of subsection (11),<\/p>\n<p>(c)a person shall not be liable to a clawback under paragraph (a) of subsection (11), if and to the extent that such person has paid a penalty under paragraph (b) of subsection (11), and<\/p>\n<p>(d)a person shall not be liable to a penalty under paragraph (b) of subsection (11), if and to the extent that such person has paid a clawback under paragraph (a) of subsection (11).<\/p>\n<p>(13)A person who, before the date of the passing of the Finance Act 2004, for the purposes of section 81 &#8211;<\/p>\n<p>(a)is the holder of a qualification set out in Schedule 2 or a qualification certified by Teagasc as corresponding to a qualification set out in Schedule 2, and &#8211;<\/p>\n<p>(i)a satisfactory attendance at a course of training in farm management, the aggregate duration of which exceeded 80 hours, is required, shall be deemed, for the purposes of this section, to be the holder of a qualification corresponding to that set out in subparagraph (b) of paragraph 3 of Schedule 2A, or<\/p>\n<p>(ii)a satisfactory attendance at a course of training is not required, shall be deemed, for the purposes of this section, to be the holder of a qualification corresponding to that set out in subparagraph (a) of paragraph 2 of Schedule 2A,<\/p>\n<p>(b)satisfies the requirements set out in paragraph (b) (ii) (I) of the definition of young trained farmer in subsection (1) of that section, shall be deemed for the purposes of this section, to have satisfied the requirements set out in subsection (3) (a), and<\/p>\n<p>(c)is the holder of a certificate issued by Teagasc certifying satisfactory attendance at a course of training &#8211;<\/p>\n<p>(i)in farm management, the aggregate duration of which exceeded 80 hours, shall be deemed for the purposes of this section to be the holder of a certificate referred to in subsection (2) (b), or<\/p>\n<p>(ii)in either or both agriculture and horticulture, the aggregate duration of which exceeded 180 hours, shall be deemed for the purposes of this section to be the holder of a certificate referred to in subsection (3) (b).<\/p>\n<p>(14)This section applies as respects instruments executed on or after 25 March 2004 and before the date of the passing of the Finance Act 2007.<\/p>\n<p>81AA. Transfers to young trained farmers.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;EU Regulation&#8221; means Commission Regulation (EU) 2022\/2472 of 14 December 2022 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union as that Regulation may be revised from time to time;<\/p>\n<p>&#8220;interest in land&#8221; means an interest which is not subject to any power (whether or not contained in the instrument) on the exercise of which the land, or any part of or any interest in the land, may be revested in the person from whom it was conveyed or transferred or in any person on behalf of such person;<\/p>\n<p>&#8220;land&#8221; means agricultural land and includes such farm buildings, farm houses and mansion houses (together with the lands occupied with such farm buildings, farm houses and mansion houses) as are of a character appropriate to the land;<\/p>\n<p>&#8220;PPS Number&#8221;, in relation to a person, means the person&#8217;s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;<\/p>\n<p>&#8220;Schedule 2 qualification&#8221; means a qualification set out in Schedule 2;<\/p>\n<p>&#8220;Schedule 2A qualification&#8221; means a qualification set out in Schedule 2A;<\/p>\n<p>&#8220;young trained farmer&#8221; means a person in respect of whom it is shown to the satisfaction of the Commissioners that &#8211;<\/p>\n<p>(a)the person had not attained the age of 35 years on the date on which the instrument, in respect of which relief is being claimed under this section, was executed, and<\/p>\n<p>(b)the conditions referred to in subsection (2), (3), (4) or (5) are satisfied;<\/p>\n<p>&#8220;80 hours certificate&#8221; means a certificate awarded by the Further Education and Training Awards Council for achieving the minimum stipulated standard in assessments completed in a course of training, approved by Teagasc, in farm management, the aggregate duration of which exceeded 80 hours;<\/p>\n<p>&#8220;180 hours certificate&#8221; means a certificate awarded by the Further Education and Training Awards Council for achieving the minimum stipulated standard in assessments completed in a course of training approved by Teagasc &#8211;<\/p>\n<p>(a)in either or both agriculture and horticulture, the aggregate duration of which exceeded 100 hours, and<\/p>\n<p>(b)in farm management, the aggregate duration of which exceeded 80 hours.<\/p>\n<p>(2)The condition required by this subsection is that the person, referred to in paragraph (a) of the definition of young trained farmer, is the holder of a trained farmer qualification (within the meaning given by section 654A of the Taxes Consolidation Act 1997.<\/p>\n<p>(3)The condition required by this subsection is that the person, referred to in paragraph (a) of the definition of young trained farmer, is the holder of a letter of confirmation from Teagasc, confirming satisfactory completion of a course of training, approved by Teagasc, for persons, who in the opinion of Teagasc, are restricted in their learning capacity due to physical, sensory or intellectual disability or to mental health.<\/p>\n<p>(4)The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer, before 31 March 2008, is the holder of &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)a qualification set out in subparagraph (f) of paragraph 1, or subparagraph (h) of paragraph 2, of Schedule 2A, and<\/p>\n<p>(ii)a 180 hours certificate,<\/p>\n<p>or<\/p>\n<p>(b)<\/p>\n<p>(i)a qualification set out in subparagraph (b), (c) or (d) of paragraph 3 of Schedule 2A, and<\/p>\n<p>(ii)an 80 hours certificate.<\/p>\n<p>(5)The conditions required by this subsection are that the person, referred to in paragraph (a) of the definition of young trained farmer, before 31 March 2008 &#8211;<\/p>\n<p>(a)has achieved the required standard for entry into the third year of a full-time course in any discipline of 3 or more years&#8217; duration at a third-level institution, and that has been confirmed by the institution, and<\/p>\n<p>(b)is the holder of a 180 hours certificate.<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)No stamp duty shall be chargeable under or by reference to the heading &#8220;CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance&#8221; in Schedule 1 on any instrument to which this section applies.<\/p>\n<p>(7A)The aggregate amount of relief granted to a person under this section and section 667B and section 667D of the Taxes Consolidation Act 1997 shall not exceed the limit of \u20ac100,000.<\/p>\n<p>(8)This section applies to any instrument which operates as a conveyance or transfer (whether on sale or as a voluntary disposition inter vivos) of an interest in land to a young trained farmer where &#8211;<\/p>\n<p>(a)it is the intention of the young trained farmer, for a period of 5 years from the date of execution of the instrument to &#8211;<\/p>\n<p>(i)spend not less than 50 per cent of his or her normal working time farming the land, and<\/p>\n<p>(ii)retain ownership of the land,<\/p>\n<p>(b)the young trained farmer submits a business plan to Teagasc before the execution of the instrument concerned, and<\/p>\n<p>(c)the young trained farmer comes within the meaning of microenterprise or small enterprise in Article 2 of Annex 1 to the EU Regulation.<\/p>\n<p>(9)Notwithstanding subsection (8), this section shall apply where the property is conveyed or transferred into joint ownership where all the joint owners are young trained farmers or where any of the joint owners is a spouse or civil partner of another joint owner who is a young trained farmer.<\/p>\n<p>(10)[deleted]<\/p>\n<p>(11)<\/p>\n<p>(a)For the purposes of this subsection, a person &#8216;achieves the standard&#8217; at any time where at that time the person satisfies the conditions set out in subsection (2), (3), (4) or (5) and whether a person has or has not achieved the standard shall be construed accordingly.<\/p>\n<p>(b)This subsection applies to an instrument by means of which land is conveyed or transferred to a person (in this subsection referred to as the &#8220;transferee&#8221;) who on the date the instrument was executed was not a young trained farmer by reason only of the fact that the transferee on that date had not achieved the standard.<\/p>\n<p>(c)This paragraph applies where &#8211;<\/p>\n<p>(i)the transferee achieves the standard within the period of 3 years from the date of execution of an instrument to which this subsection applies,<\/p>\n<p>(ii)it is the intention of the transferee, for a period of 5 years from the date on which a claim for repayment under paragraph (d) is made to the Commissioners to &#8211;<\/p>\n<p>(I)spend not less than 50 per cent of his or her normal working time farming the land concerned, and<\/p>\n<p>(II)retain ownership of that land,<\/p>\n<p>and<\/p>\n<p>(iii)the transferee &#8211;<\/p>\n<p>(I)submits a business plan to Teagasc, and<\/p>\n<p>(II)comes within the meaning of microenterprise or small enterprise in Article 2 of Annex 1 to the EU Regulation,<\/p>\n<p>before a repayment under paragraph (d) is claimed.<\/p>\n<p>(d)Where paragraph (c) applies, the transferee may claim a repayment of stamp duty paid in respect of the instrument concerned and the Commissioners shall then, subject to section 159A, cancel and repay any duty that was paid in respect of that instrument.<\/p>\n<p>(12)<\/p>\n<p>(a)Where any person to whom land was conveyed or transferred by any instrument to which subsection (7) or subsection (11) applied &#8211;<\/p>\n<p>(i)disposes of such land, or part of such land (in this subsection referred to as a &#8220;part disposal&#8221;), within a period of 5 years &#8211;<\/p>\n<p>(I)in a case where subsection (7) applied, from the date of execution of that instrument, or<\/p>\n<p>(II)in a case where subsection (11) applied, from the date the claim for repayment is made to the Commissioners,<\/p>\n<p>and<\/p>\n<p>(ii)does not fully expend the proceeds from such disposal or, as the case may be, such part disposal, in acquiring other land within a period of one year from the date of such disposal,<\/p>\n<p>then, such person or, where there is more than one such person, each such person, jointly and severally, shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8220;clawback&#8221;) equal to an amount determined by the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>Sis the amount of stamp duty that would have been charged on that instrument had subsection (7) not applied or, as the case may be, the amount of stamp duty that was charged on the instrument in the first instance and later repaid under subsection (11)(c),<\/p>\n<p>Vis the market value, immediately before the disposal or, as the case may be, the part disposal, of all the land conveyed or transferred by the instrument, and<\/p>\n<p>Nis the amount of proceeds from the disposal or, as the case may be, the part disposal, that was not expended in acquiring other land.<\/p>\n<p>(b)Interest shall be payable on a clawback incurred under paragraph (a), calculated in accordance with section 159D, from the date of the disposal or, as the case may be, the part disposal, to the date the clawback is remitted.<\/p>\n<p>(c)For the purposes of paragraph (a) &#8211;<\/p>\n<p>(i)where a disposal of land is effected in whole or in part by way of a voluntary disposition inter vivos, an amount equal to the market value of the lands disposed of, at the date of the disposal, shall be deemed to be the proceeds from such disposal,<\/p>\n<p>(ii)where any property is received by way of exchange, in whole or in part for a disposal, an amount equal to the market value of such property, at the date of the disposal, shall be deemed to be proceeds from such disposal, and<\/p>\n<p>(iii)where subparagraph (ii) applies and property received by way of exchange is land or includes land, an amount equal to the market value of such land at the date of the disposal shall be deemed to have been expended in acquiring other land.<\/p>\n<p>(d)A person shall not be liable to a clawback under paragraph (a), if and to the extent that any clawback or, as the case may be, the aggregate of any clawbacks, paid by that person under paragraph (a), exceeds the stamp duty that would have been charged on the instrument had relief under subsection (7) not applied or, as the case may be, the stamp duty that was charged on the instrument in the first instance and later repaid under subsection (11)(c).<\/p>\n<p>(e)[deleted]<\/p>\n<p>(f)[deleted]<\/p>\n<p>(13)Notwithstanding subsection (12) &#8211;<\/p>\n<p>(a)where relief under subsection (7) was allowed in respect of any instrument or where subsection (11) applied to any instrument, a disposal by a young trained farmer of part of the land to a spouse or civil partner for the purpose of creating a joint tenancy in the land, or where the instrument conveyed or transferred the land to joint owners, a disposal by one joint owner to another of any part of the land, shall not be regarded as a disposal to which subsection (12) applies, but on such disposal, such part of the land shall be treated for the purposes of subsection (12) &#8211;<\/p>\n<p>(i)in a case where subsection (7) applied, as if it had been conveyed or transferred immediately to the spouse or civil partner or other joint owner by the instrument in respect of which relief was allowed in the first instance, or<\/p>\n<p>(ii)in a case where subsection (11) applied, as if it had been conveyed or transferred to the spouse or civil partner or other joint owner by the instrument to which subsection (11) applied, but at the date the claim for repayment is made to the Commissioners,<\/p>\n<p>(b)[deleted]<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)[deleted]<\/p>\n<p>(14)A person who, before the date of the passing of the Finance Act 2004 &#8211;<\/p>\n<p>(a)is the holder of a Schedule 2 qualification or a qualification certified by Teagasc as corresponding to a Schedule 2 qualification and a satisfactory attendance at a course of training, approved by Teagasc, (in farm management, the aggregate duration of which exceeded 80 hours) is required for the purposes of section 81, shall be deemed, for the purposes of this section, to be the holder of a qualification corresponding to one of the qualifications set out in subsection (4)(b)(i),<\/p>\n<p>(b)is the holder of a Schedule 2 qualification or a qualification certified by Teagasc as corresponding to a Schedule 2 qualification and a satisfactory attendance at a course of training, approved by Teagasc, is not required for the purposes of section 81, shall be deemed, for the purposes of this section, to be the holder of a qualification corresponding to that set out in subparagraph (b) of paragraph 1 of the Table to section 654A of the Taxes Consolidation Act 1997,<\/p>\n<p>(c)satisfies the requirements set out in paragraph (b)(ii)(I) of the definition of young trained farmer in section 81(1), shall be deemed, for the purposes of this section, to have satisfied the conditions set out in subsection (5)(a),<\/p>\n<p>(d)is, for the purposes of section 81, the holder of a certificate issued by Teagasc certifying satisfactory attendance at a course of training, approved by Teagasc, in farm management, the aggregate duration of which exceeded 80 hours, shall be deemed, for the purposes of this section, to be the holder of an 80 hours certificate, or<\/p>\n<p>(e)is, for the purposes of section 81, the holder of a certificate issued by Teagasc certifying satisfactory attendance at a course of training, approved by Teagasc, in either or both agriculture and horticulture, the aggregate duration of which exceeded 180 hours, shall be deemed, for the purposes of this section, to be the holder of a 180 hours certificate.<\/p>\n<p>(15)A person who, before the date of the passing of the Finance Act 2007, is the holder of a Schedule 2A qualification or a qualification certified by Teagasc as corresponding to a Schedule 2A qualification, and is not required, for the purposes of section 81A, to be the holder of an 80 hours certificate or a 180 hours certificate, shall be deemed, for the purposes of this section, to be the holder of a qualification corresponding to that set out in subparagraph (b) of paragraph 1 of the Table to section 654A of the Taxes Consolidation Act 1997.<\/p>\n<p>(16)This section applies as respects instruments executed on or after the date of the passing of the Finance Act 2007 and on or before 31 December 2025.<\/p>\n<p>81B.<\/p>\n<h4>Farm consolidation relief.<\/h4>\n<p>(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8216;consolidation certificate&#8217;, in relation to an exchange of relevant land, means a certificate, issued for the purposes of this section by Teagasc to each farmer concerned in the exchange of relevant land, which identifies the lands concerned and the owners of such lands, and certifies that Teagasc is satisfied, on the basis of information available to Teagasc at the time of so certifying, that the exchange of relevant land complies, or will comply, with the conditions of consolidation set down in guidelines;<\/p>\n<p>&#8216;exchange of relevant land&#8217; means an exchange under which an interest in relevant land is conveyed or transferred by a farmer to another farmer in exchange for receiving, by way of conveyance or transfer, an interest in relevant land from that other farmer; and includes an exchange where the relevant land is conveyed or transferred by or to joint owners where not all the joint owners are farmers;<\/p>\n<p>&#8216;farmer&#8217; means a person who spends not less than 50 per cent of that person&#8217;s normal working time farming;<\/p>\n<p>&#8216;farming&#8217; includes the occupation of woodlands on a commercial basis;<\/p>\n<p>&#8216;guidelines&#8217; and &#8216;conditions of consolidation&#8217; have, respectively, the meaning assigned to them by paragraph (b) (i);<\/p>\n<p>&#8216;interest in relevant land&#8217; means an interest which is not subject to any power (whether or not contained in the instrument or, as the case may be, instruments) on the exercise of which the relevant land, or any part of or any interest in the relevant land, may be revested in the person from whom it was conveyed or transferred or in any person on behalf of such person;<\/p>\n<p>&#8216;PPS number&#8217; means a personal public service number within the meaning of section 223 (as amended by section 12 (1) (a) of the Social Welfare (Miscellaneous Provisions) Act 2002 (No. 8 of 2002)) of the Social Welfare (Consolidation) Act 1993;<\/p>\n<p>&#8216;relevant land&#8217; means agricultural land, including lands suitable for occupation as woodlands on a commercial basis, in the State and such farm buildings together with the lands occupied with such farm buildings as are of a character appropriate to the relevant land but not including farm houses or mansion houses or the lands occupied with such farm houses and mansion houses unless such farm houses or mansion houses are derelict and unfit for human habitation;<\/p>\n<p>&#8216;valid consolidation certificate&#8217;, on any day, means a consolidation certificate which, as at that day, has not been withdrawn and which was issued within the period of one year ending on that day.<\/p>\n<p>(b)For the purposes of this section &#8211;<\/p>\n<p>(i)the Minister for Agriculture and Food with the consent of the Minister for Finance may make and publish guidelines, from time to time, setting out &#8211;<\/p>\n<p>(I)how an application for a consolidation certificate, in relation to an exchange of relevant land, is to be made,<\/p>\n<p>(II)the documentation required to accompany such an application,<\/p>\n<p>(III)the conditions of consolidation, and<\/p>\n<p>(IV)such other information as may be required in relation to such application,<\/p>\n<p>(ii)where an application is made in that regard, Teagasc shall issue a consolidation certificate in respect of an exchange of relevant land where they are satisfied, on the basis of information available to Teagasc at that time, that an exchange of relevant land complies, or will comply, with the conditions of consolidation, and<\/p>\n<p>(iii)Teagasc may, by notice in writing, withdraw any consolidation certificate already issued.<\/p>\n<p>(2)This section applies to any instrument effecting an exchange of relevant land where &#8211;<\/p>\n<p>(a)the instrument contains a certificate that this section applies,<\/p>\n<p>(b)a consolidation certificate, in relation to the exchange of relevant land, which is a valid consolidation certificate on the date of execution of the instrument, is furnished to the Commissioners when the instrument is presented for stamping,<\/p>\n<p>(c)a declaration of a kind referred to in subsection (3), is furnished to the Commissioners by each farmer who is a party to the instrument, when the instrument is presented for stamping,<\/p>\n<p>(d)a declaration made in writing by each person, who is a party to the instrument, is furnished to the Commissioners, in such form as the Commissioners may specify, when the instrument is presented for stamping, declaring that it is the intention of each such person &#8211;<\/p>\n<p>(i)to retain ownership of his or her interest in the relevant land conveyed or transferred to that person by such instrument, and<\/p>\n<p>(ii)that the relevant land will be used for farming,<\/p>\n<p>for a period of not less than 5 years from the date of execution of the instrument, and<\/p>\n<p>(e)the PPS number of each person who is a party to the instrument is furnished to the Commissioners when the instrument is presented for stamping.<\/p>\n<p>(3)The declaration referred to in subsection (2) (c) is a declaration made in writing by a farmer, in such form as the Commissioners may specify, which &#8211;<\/p>\n<p>(a)is signed by the farmer, and<\/p>\n<p>(b)declares that &#8211;<\/p>\n<p>(i)the farmer will remain a farmer, and<\/p>\n<p>(ii)the farmer will farm the relevant land, conveyed or transferred to the farmer by the instrument,<\/p>\n<p>for a period of not less than 5 years from the date of execution of the instrument.<\/p>\n<p>(4)Notwithstanding section 37 &#8211;<\/p>\n<p>(a)stamp duty shall not be chargeable on an instrument giving effect to an exchange of relevant land, to which this section applies, where the relevant lands exchanged are of equal value, and<\/p>\n<p>(b)where the relevant lands exchanged are not of equal value, subject to subsection (5), stamp duty shall only be chargeable on the principal or only instrument giving effect to the exchange of relevant land as if it were a conveyance or transfer on sale of the relevant land which is of the greater value which was made &#8211;<\/p>\n<p>(i)in consideration of a sum equal to the difference between the value of the relevant lands exchanged,<\/p>\n<p>(ii)to the person or persons to whom the relevant land which is of the greater value is conveyed or transferred.<\/p>\n<p>(5)Where relevant lands exchanged are not of equal value, the consideration paid or agreed to be paid for equality shall consist only of a payment in cash.<\/p>\n<p>(6)Where subsection (4) (b) applies and there are several instruments for completing a title to relevant land the subject of an exchange of relevant land to which this section applies, the principal instrument is to be ascertained and the other instruments shall not be chargeable to stamp duty.<\/p>\n<p>(7)Subsection (4) shall not apply to an instrument unless it has, in accordance with section 20, been stamped with a particular stamp denoting that it is duly stamped or, as the case may be, that it is not chargeable with any duty.<\/p>\n<p>(8)For the purposes of subsection (7), where there are several instruments for completing a title to relevant land, the subject of an exchange of relevant land to which this section applies, all instruments shall, for the purposes of section 20, be presented to the Commissioners, at the same time.<\/p>\n<p>(9)<\/p>\n<p>(a)Subject to paragraph (b), where any person to whom relevant land was conveyed or transferred by any instrument in respect of which relief from duty under this section was allowed, disposes of such relevant land, or part of such relevant land, within a period of 5 years from the date of execution of the instrument, then such person or, where there is more than one such person, each such person, jointly and severally, shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of the difference between &#8211;<\/p>\n<p>(i)the duty that would have been charged by virtue of section 37 on the value of such relevant land (being all the relevant land, the subject of the exchange of relevant land, conveyed or transferred to that person), if such relevant land had been conveyed or transferred to that person or, where there is more than one such person, each such person, by an instrument to which this section had not applied, and<\/p>\n<p>(ii)the duty, if any, which was charged by virtue of this section on the conveyance or transfer of such relevant land,<\/p>\n<p>together with interest charged on that amount, calculated in accordance with section 159D, from the date of disposal of the relevant land or, as the case may be, a part thereof, to the date the clawback is remitted.<\/p>\n<p>(b)Paragraph (a) shall not apply to a disposal of relevant land &#8211;<\/p>\n<p>(i)which is being compulsorily acquired, or<\/p>\n<p>(ii)which is a disposal of relevant land under an exchange of relevant land effected by an instrument to which subsection (2) applies.<\/p>\n<p>(c)Where any claim for relief from duty under this section has been allowed and it is subsequently found that a declaration referred to in paragraph (c) or (d) of subsection (2) &#8211;<\/p>\n<p>(i)was untrue in any material particular which would have resulted in the relief afforded by this section not being granted, and<\/p>\n<p>(ii)was made knowing same to be untrue or in reckless disregard as to whether it was true or not,<\/p>\n<p>then the person or persons who made such a declaration, jointly and severally, shall become liable to pay to the Commissioners a penalty of an amount equal to the amount of the difference between &#8211;<\/p>\n<p>(I)125 per cent of the duty which would have been charged on the instrument or, as the case may be, the instruments, effecting the exchange of relevant land by virtue of section 37 on the value of such relevant land conveyed or transferred to such person or persons, had all the facts been truthfully declared, and<\/p>\n<p>(II)the amount of duty which was charged, if any,<\/p>\n<p>together with interest charged on that amount, calculated in accordance with section 159D, from the date when the instrument was executed to the date the penalty is remitted.<\/p>\n<p>(d)Where a consolidation certificate, purporting to be valid on the date of execution of an instrument effecting an exchange of relevant land, is furnished to the Commissioners when the instrument is presented for stamping and subsection (2) applied to the instrument and it subsequently transpires that the consolidation certificate was not a valid consolidation certificate on that date, the parties to the instrument, jointly and severally, shall become liable to pay to the Commissioners a penalty of an amount equal to the amount of the difference between &#8211;<\/p>\n<p>(i)125 per cent of the duty which would have been charged on the instrument or, as the case may be, the instruments, effecting the exchange of relevant land by virtue of section 37 on the value of such relevant land conveyed or transferred to such person or persons, had subsection (2) not applied to the instrument, and<\/p>\n<p>(ii)the amount of duty which was charged, if any,<\/p>\n<p>together with interest charged on that amount, calculated in accordance with section 159D, from the date when the instrument was executed to the date the penalty is remitted.<\/p>\n<p>(10)Notwithstanding subsection (9) &#8211;<\/p>\n<p>(a)where relief under this section was allowed in respect of any instrument, a disposal by a farmer or other joint owner of part of the relevant land to a spouse for the purpose of creating a joint tenancy in the relevant land, or where the instrument conveyed or transferred the relevant land to joint owners, a disposal by one joint owner, to another joint owner (being a farmer) of any part of the relevant land, shall not be regarded as a disposal to which subsection (9) applies, but on such disposal, such part of the relevant land shall be treated for the purposes of subsection (9) as if it had been conveyed or transferred immediately to the spouse or other joint owner by the instrument in respect of which relief from duty under this section was allowed,<\/p>\n<p>(b)a person shall not be liable, in respect of the same matter, to more than one clawback or penalty under paragraph (a), (c) or (d), as the case may be, of subsection (9),<\/p>\n<p>(c)a person shall not be liable, in respect of the same matter, to a clawback under paragraph (a) of subsection (9), if and to the extent that such person has paid a penalty under paragraph (c) or (d) of subsection (9),<\/p>\n<p>(d)a person shall not be liable, in respect of the same matter, to a penalty under paragraph (c) of subsection (9), if and to the extent that such person has paid a clawback or penalty under paragraph (a) or (d), as the case may be, of subsection (9), and<\/p>\n<p>(e)a person shall not be liable, in respect of the same matter, to a penalty under paragraph (d) of subsection (9), if and to the extent that such person has paid a clawback or penalty under paragraph (a) or (c), as the case may be, of subsection (9).<\/p>\n<p>(11)This section shall not apply to any instrument effecting an exchange of relevant land where the party or, as the case may be, any of the parties to such instrument, is a company.<\/p>\n<p>(12)This section shall apply as respects instruments executed on or after 1 July 2005 and on or before 30 June 2007.<\/p>\n<p>81C.<\/p>\n<h4>Further farm consolidation relief.<\/h4>\n<p>(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8216;conditions of consolidation&#8217; means the conditions of consolidation as set out in guidelines;<\/p>\n<p>&#8216;consolidation certificate&#8217; means a certificate, issued for the purposes of this section by Teagasc to a farmer in relation to a sale and purchase of qualifying land both of which occur in the relevant period and within 24 months of each other, which identifies the lands concerned, the owners of such lands and certifies that Teagasc is satisfied, on the basis of information available to Teagasc at the time of so certifying, that the sale and purchase of qualifying land complies, or will comply, with the conditions of consolidation set down in guidelines;<\/p>\n<p>&#8216;farmer&#8217; means a person who spends not less than 50 per cent of the person&#8217;s normal working time farming;<\/p>\n<p>&#8216;farming&#8217; includes the occupation of woodlands on a commercial basis;<\/p>\n<p>&#8216;guidelines&#8217; means guidelines made and published pursuant to paragraph (b)(i);<\/p>\n<p>&#8216;interest in qualifying land&#8217; means an interest in qualifying land which is not subject to any power (whether or not contained in the instrument) on the exercise of which the qualifying land, or any part of or any interest in the qualifying land, may be revested in the person from whom it was purchased or in any person on behalf of such person;<\/p>\n<p>&#8216;purchase of qualifying land&#8217; means a conveyance or transfer (whether on sale or operating as a voluntary disposition inter vivos) of an interest in qualifying land to a farmer and includes a conveyance or transfer where the qualifying land is conveyed or transferred to joint owners where not all the joint owners are farmers; and the date of the purchase of qualifying land shall be the date on which the conveyance or transfer is executed;<\/p>\n<p>&#8216;qualifying land&#8217; means relevant land in respect of which a consolidation certificate has been issued by Teagasc;<\/p>\n<p>&#8216;relevant land&#8217; means agricultural land, including lands suitable for occupation as woodlands on a commercial basis, in the State and such farm buildings together with the lands occupied with such farm buildings as are of a character appropriate to the relevant land but not including farm houses or mansion houses or the lands occupied with such farm houses and mansion houses unless such farm houses or mansion houses are derelict and unfit for human habitation;<\/p>\n<p>&#8216;relevant period&#8217; means the period commencing on 1 January 2018 and ending on 31 December 2025;<\/p>\n<p>&#8216;sale of qualifying land&#8217; means a conveyance or transfer (whether on sale or operating as a voluntary disposition inter vivos) of an interest in qualifying land by a farmer and includes a conveyance or transfer where the qualifying land is conveyed or transferred by joint owners where not all the joint owners are farmers; and the date of the sale of qualifying land shall be the date on which the conveyance or transfer is executed;<\/p>\n<p>&#8216;valid consolidation certificate&#8217; means a consolidation certificate which, on any day, has not been withdrawn as at that day.<\/p>\n<p>(b)For the purposes of this section &#8211;<\/p>\n<p>(i)the Minister for Agriculture and Food with the consent of the Minister for Finance may make and publish guidelines, from time to time setting out &#8211;<\/p>\n<p>(I)how an application for a consolidation certificate is to be made,<\/p>\n<p>(II)the documentation required to accompany such an application,<\/p>\n<p>(III)the conditions of consolidation, and<\/p>\n<p>(IV)such other information as may be required in relation to such application,<\/p>\n<p>(ii)where an application is made in that regard, Teagasc shall issue a consolidation certificate in respect of a sale and purchase of relevant land, where they are satisfied, on the basis of information available to Teagasc at that time, that the sale and purchase of such lands complies, or will comply, with the conditions of consolidation, and<\/p>\n<p>(iii)Teagasc may, by notice in writing, withdraw any consolidation certificate already issued.<\/p>\n<p>(2)This section applies to a purchase of qualifying land by a farmer on any day (in this section referred to as the &#8216;calculation day&#8217;) falling within the relevant period.<\/p>\n<p>(3)Subject to subsections (4) and (5), stamp duty shall be chargeable at the rate of one per cent on an instrument executed on or after 1 January 2018 giving effect to the purchase of qualifying land to which this section applies as if it were a purchase of qualifying land made in consideration of a sum determined by the formula &#8211;<\/p>\n<p>(P \u2014 S)<\/p>\n<p>where &#8211;<\/p>\n<p>Pis the aggregate of &#8211;<\/p>\n<p>(a)the value of the qualifying land being purchased, and<\/p>\n<p>(b)the value of all other qualifying land purchased by the farmer in the relevant period where the date of the purchase falls in the period of 24 months ending on the calculation day and where any such purchase was treated by virtue of this subsection as having been made in consideration of a lesser amount in consequence of a sale of qualifying land being made before the commencement of that 24 month period, that lesser amount shall be treated as the value of that purchase,<\/p>\n<p>and<\/p>\n<p>Sis the aggregate of the value of all the qualifying land sold by the farmer in the relevant period where the date of the sale falls in the period of 24 months ending on the calculation day, to the extent that it has not given rise to a repayment of duty under subsection (5) in respect of a purchase of qualifying land made before the commencement of that 24 month period.<\/p>\n<p>(4)Where an amount of duty has been paid in accordance with subsection (3) and is not repayable (in this subsection referred to as the &#8216;relevant amount&#8217;) on a purchase of qualifying land by a farmer on a calculation day (in this subsection referred to as the &#8216;first calculation day&#8217;), the duty chargeable on a purchase of qualifying land by the farmer on a later calculation day, which falls within the period of 24 months commencing on the first calculation day, shall be reduced by the relevant amount.<\/p>\n<p>(5)Where at any time in the period of 24 months commencing on a calculation day, qualifying land is sold by a farmer, that sale shall be treated as if it were a sale made on the calculation day and the duty chargeable, in accordance with subsection (3), on the instrument giving effect to the purchase of qualifying land made on the calculation day shall be recomputed in accordance with subsection (3) and an amount equal to the difference between &#8211;<\/p>\n<p>(a)the duty charged on the instrument prior to the recomputation, and<\/p>\n<p>(b)the duty that is chargeable on the instrument after the recomputation,<\/p>\n<p>shall, subject to compliance with the conditions set out in subsection (6) and to section 159A, be repaid by the Commissioners where a claim for repayment is made to them in that regard.<\/p>\n<p>(6)A claim for relief under subsection (3) or a claim for relief by way of repayment under subsection (5), made to the Commissioners under this section, shall be allowed where it is the intention of the person purchasing the land to &#8211;<\/p>\n<p>(a)retain ownership of his or her interest in the qualifying land, and<\/p>\n<p>(b)use the qualifying land for farming,<\/p>\n<p>for a period of not less than 5 years from the date on which the first claim for relief in respect of the qualifying land is made.<\/p>\n<p>(7)[deleted]<\/p>\n<p>(8)[deleted]<\/p>\n<p>(9)<\/p>\n<p>(a)Subject to paragraph (b), where any person who purchased qualifying land by any instrument in respect of which relief was allowed by the Commissioners, disposes of such qualifying land, or part of such qualifying land, within a period of 5 years from the date on which the first claim for relief in respect of the qualifying land is allowed, then such person or, where there is more than one such person, each such person, jointly and severally, shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of the difference between &#8211;<\/p>\n<p>(i)the duty that would have been charged on the value of such qualifying land, if such qualifying land had been purchased by that person or, where there is more than one such person, each such person, by an instrument to which this section had not applied, and<\/p>\n<p>(ii)the duty, if any, that was charged and is not repayable on the instrument concerned,<\/p>\n<p>together with interest charged on that amount, calculated in accordance with section 159D, from the date of disposal of the qualifying land or, as the case may be, a part thereof, to the date the clawback is remitted.<\/p>\n<p>(b)Paragraph (a) shall not apply to any disposal of qualifying land which is being compulsorily acquired but subsection (5) shall not apply to give relief, after that disposal, in respect of the duty already charged on the purchase of qualifying land.<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)[deleted]<\/p>\n<p>(10)Notwithstanding subsection (9) &#8211;<\/p>\n<p>(a)where relief under this section was allowed in respect of any instrument, a disposal by a farmer or other joint owner of part of the qualifying land to a spouse or civil partner for the purpose of creating a joint tenancy in the qualifying land, or where the instrument gave effect to the purchase of the qualifying land by joint owners, a disposal by one joint owner, to another joint owner (being a farmer) of any part of the qualifying land, shall not be regarded as a disposal to which subsection (9) applies, but on such disposal, such part of the qualifying land shall be treated for the purposes of subsection (9) as if it had been purchased immediately by the spouse or civil partner or other joint owner by the instrument in respect of which relief was allowed,<\/p>\n<p>(b)a person shall not be liable, in respect of the same matter, to more than one clawback or penalty under paragraph (a) of subsection (9),<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)[deleted]<\/p>\n<p>(e)[deleted]<\/p>\n<p>(11)This section shall not apply to any instrument effecting a purchase of qualifying land where the purchaser of such land or, as the case may be, any of the purchasers, is a company.<\/p>\n<p>(12)This section applies as respects instruments executed on or after 1 January 2018 and on or before 31 December 2025.<\/p>\n<p>81D.<\/p>\n<h4>Relief for certain leases of farmland.<\/h4>\n<p>(1)In this section &#8216;farming&#8217; includes the occupation of woodlands on a commercial basis.<\/p>\n<p>(2)No stamp duty shall be chargeable under or by reference to the heading &#8216;LEASE&#8217; in Schedule 1 on any instrument to which this section applies.<\/p>\n<p>(3)This section applies to an instrument which is a lease for a term not less than 6 years and not exceeding 35 years of any lands which are used exclusively for farming carried on by the lessee on a commercial basis and with a view to the realisation of profits.<\/p>\n<p>(4)For the purposes of this section the lessee shall, from the date on which the lease is executed, be a farmer who &#8211;<\/p>\n<p>(a)is the holder of or, within a period of 4 years from the date of the lease, will be the holder of, a qualification set out in Schedule 2 or 2A to the Act or a trained farmer qualification (within the meaning given by section 654A of the Taxes Consolidation Act 1997), or<\/p>\n<p>(b)spends not less than 50 per cent of that individual&#8217;s normal working time farming land (including the leased land).<\/p>\n<p>(5)If, at any time during the first 6 years of the period of the lease, any of the conditions of this section cease to be satisfied, subsection (2) shall not apply and the duty that would have been chargeable but for this section shall be chargeable and the lessee, or where there is more than one lessee, each such lessee, jointly and severally, shall be liable to pay to the Commissioners the amount of the duty together with interest calculated in accordance with section 159D from the date when any of those conditions cease to be satisfied to the date when the duty is remitted.<\/p>\n<p>(6)Subsection (5) shall not apply where any of the conditions of this section are not complied with due to the death of the lessee or the permanent incapacity of the lessee, by reason of mental or physical infirmity, to continue to carry on farming.<\/p>\n<p>82.<\/p>\n<h4>Charities.<\/h4>\n<p>(1)Stamp duty shall not be chargeable on any conveyance, transfer or lease of land made, or agreed to be made, for charitable purposes in the State or Northern Ireland to a body of persons established for charitable purposes only or to the trustees of a trust so established.<\/p>\n<p>(2)[deleted]<\/p>\n<p>82A.<\/p>\n<h4>Approved bodies.<\/h4>\n<p>(1)In this section &#8216;approved body&#8217;, &#8216;designated securities&#8217; and &#8216;relevant donation&#8217; have, respectively, the meanings assigned to them in section 848A (as amended by the Finance Act 2006) of the Taxes Consolidation Act 1997.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any instrument transferring designated securities, which are a relevant donation or part of a relevant donation, to an approved body.<\/p>\n<p>(3)[deleted]<\/p>\n<p>82B.<\/p>\n<h4>Approved sports bodies.<\/h4>\n<p>(1)In this section &#8216;approved sports body&#8217; means an &#8216;approved body of persons&#8217; within the meaning of section 235(1) of the Taxes Consolidation Act 1997.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any instrument operating as a conveyance, transfer or lease, of land to an approved sports body.<\/p>\n<p>(3)Subsection (2) shall not apply to an instrument unless &#8211;<\/p>\n<p>(a)the land conveyed, transferred or leased by the instrument will be used for the sole purpose of promoting athletic or amateur games or sports, and<\/p>\n<p>(b)[deleted]<\/p>\n<p>(4)<\/p>\n<p>(a)Where an approved sports body to whom land was conveyed, transferred or leased by any instrument to which subsection (2) applied &#8211;<\/p>\n<p>(i)disposes of such land, or part of such land (in this subsection referred to as a &#8216;part disposal&#8217;), and<\/p>\n<p>(ii)does not fully apply the proceeds from such disposal or, as the case may be, such part disposal, to the sole purpose of promoting athletic or amateur games or sports,<\/p>\n<p>then such approved sports body shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to an amount determined by the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>S is the amount of stamp duty that would have been charged on that instrument had subsection (2) not applied,<\/p>\n<p>V is the market value, immediately before the disposal or the part disposal, of all the land conveyed, transferred or leased by the instrument, and<\/p>\n<p>N is the amount of proceeds from the disposal or, as the case may be, the part disposal that has not been, or will not be, applied to the sole purpose of promoting athletic or amateur games or sports.<\/p>\n<p>(b)For the purposes of paragraph (a) &#8211;<\/p>\n<p>(i)where any property is received by way of exchange, in whole or in part for a disposal, and has been, or will be, applied to the sole purpose of promoting athletic or amateur games or sports, an amount equal to the market value of such property, at the date of the disposal, shall be deemed to be proceeds from such disposal which have been, or will be, applied to that same purpose, and<\/p>\n<p>(ii)where a disposal of land is effected in whole or in part by way of a voluntary disposition inter vivos, an amount equal to the market value of the lands disposed of, at the date of the disposal, less the amount, if any, received as proceeds from the disposal, shall be deemed to be proceeds from the disposal which have not been, or will not be, applied to the sole purpose of promoting athletic or amateur games or sports.<\/p>\n<p>(5)Where an approved sports body to whom land was conveyed, transferred or leased by any instrument to which subsection (2) applied, ceases, at any time, to use the land, beneficially owned by it, for the sole purpose of promoting athletic or amateur games or sports, the approved sports body shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of stamp duty which would have been charged on the instrument, in the first instance, had subsection (2) not applied.<\/p>\n<p>(6)Interest shall be payable on a clawback incurred under subsection (4) or (5) calculated in accordance with section 159D, from the date of any disposal or cessation to the date the clawback is remitted.<\/p>\n<p>(7)Notwithstanding subsections (4) and (5), the maximum clawback payable on any instrument shall not exceed the amount of duty which would have been charged on the instrument in the first instance had subsection (2) not applied.<\/p>\n<p>82C.<\/p>\n<h4>Pension schemes and charities.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;Act of 1997&#8217; means the Taxes Consolidation Act 1997;<\/p>\n<p>&#8216;charity&#8217; means a body of persons or a trust established for charitable purposes only;<\/p>\n<p>&#8216;common contractual fund&#8217; has the meaning given to it by section 739I(1)(a)(i) of the Act of 1997;<\/p>\n<p>&#8216;investment undertaking&#8217; has the meaning given to it by section 739B(1) of the Act of 1997;<\/p>\n<p>&#8216;pension scheme&#8217; means &#8211;<\/p>\n<p>(a)a retirement benefits scheme, within the meaning of section 771 of the Act of 1997, approved by the Commissioners for the purposes of Chapter 1 of Part 30 of that Act,<\/p>\n<p>(b)an annuity contract or a trust scheme or part of a trust scheme approved by the Commissioners under section 784 of the Act of 1997,<\/p>\n<p>(c)a PRSA contract, within the meaning of section 787A of the Act of 1997, in respect of a PRSA product, within the meaning of that section,<\/p>\n<p>(d)an approved retirement fund within the meaning of section 784A of the Act of 1997,<\/p>\n<p>(e)an approved minimum retirement fund within the meaning of section 784C of the Act of 1997,<\/p>\n<p>(f)a scheme within the meaning of section 790B of the Act of 1997,<\/p>\n<p>(g)a PEPP contract, within the meaning of Chapter 2D of Part 30 of the Act of 1997, in respect of a PEPP, within the meaning of that Chapter;<\/p>\n<p>&#8216;specified fund&#8217; means a common contractual fund, investment undertaking, unit linked life fund, or unit trust, all the issued units or shares of which are assets such that if those assets were disposed of by the unit holder or shareholder any gain accruing would be wholly exempt from capital gains tax (otherwise than by reason of residence);<\/p>\n<p>&#8216;unit linked life fund&#8217; means a fund in which assets are held by an assurance company for the purposes of its new basis business;<\/p>\n<p>&#8216;unit trust&#8217; means a unit trust to which subsection (5)(a)(i) of section 731 of the Act of 1997 applies;<\/p>\n<p>&#8216;assurance company&#8217; and &#8216;new basis business&#8217; have the meanings given to them respectively by section 730A of the Act of 1997.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any instrument made for the purposes of a transfer of property &#8211;<\/p>\n<p>(a)held by or for the benefit of a pension scheme or a charity, in circumstances where the property continues to be so held after the transfer has taken place,<\/p>\n<p>(b)held by or for the benefit of a pension scheme or a charity to a specified fund, in circumstances where the specified fund issues units or shares to be held by or for the benefit of the pension scheme or the charity,<\/p>\n<p>(c)held by a specified fund to or for the benefit of a pension scheme or charity, or<\/p>\n<p>(d)held by a specified fund (in this paragraph referred to as a &#8216;transferring fund&#8217;) to another specified fund (in this paragraph referred to as a &#8216;receiving fund&#8217;) in circumstances where the receiving fund issues units or shares to &#8211;<\/p>\n<p>(i)the transferring fund, or<\/p>\n<p>(ii)the unit holders or shareholders in the transferring fund in respect of and in proportion to (or as nearly as they may be in proportion to) their holdings of units or shares in the transferring fund,<\/p>\n<p>to be held by or for the benefit of the pension scheme or the charity.<\/p>\n<p>83. Instruments given by means of security to company by subsidiary.<br \/>\nDeleted from 7 December 2006<br \/>\n(1)The whole amount of duty payable under or by reference to the heading &#8220;Mortgage, Bond, Debenture, Covenant (except a marketable security) which is a security for the payment or repayment of money which is a charge or incumbrance on property situated in the State other than shares in stocks or funds of the Government or the Oireachtas&#8221; in Schedule 1 on any instrument given by means of security to a company by a subsidiary of that company shall not exceed \u20ac12.50.<\/p>\n<p>(2)For the purposes of this section a company is a subsidiary of another company only if not less than 90 per cent of its issued share capital is in the beneficial ownership of the other company.<\/p>\n<p>(3)An instrument to which this section applies and which is stamped with an amount of duty less than the amount which, but for this section, would be chargeable shall not be deemed to be duly stamped unless the Commissioners have expressed their opinion on that instrument in accordance with section 20 and the instrument is stamped with a particular stamp denoting that it is duly stamped.<\/p>\n<p>83A.<\/p>\n<h4>Transfer of site to child.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;site&#8221; in relation to an instrument of conveyance, transfer or lease, means land comprising both &#8211;<br \/>\n(a)the area of land on which a dwelling house, referred to in subsection (3) (c), is to be constructed, and<br \/>\n(b)an area of land for occupation and enjoyment with that dwelling house as its gardens or grounds which, exclusive of the area referred to in paragraph (a), does not exceed 0.4047 hectare,<br \/>\nbut does not include an area of land on which a building is situated which building at the date of execution of that instrument &#8211;<br \/>\n(i)was used or was suitable for use as a dwelling or for other purposes, or<br \/>\n(ii)was in the course of being constructed or adapted for use as a dwelling or for other purposes.<\/p>\n<p>(2)Stamp Duty shall not be chargeable on any conveyance, transfer or lease of a site to which this section applies.<\/p>\n<p>(3)This section applies to any instrument which operates as a conveyance, transfer or lease of a site and which contains a statement, in such form as the Commissioners may specify, certifying &#8211;<\/p>\n<p>(a)that the person becoming entitled to the entire beneficial interest in the site is a child of the person or of each of the persons immediately theretofore entitled to the entire beneficial interest in the site,<\/p>\n<p>(b)that at the date of the instrument the value of that site does not exceed \u20ac500,000 and that the transaction thereby effected does not form part of a larger transaction or of a series of transactions whereby property with a value in excess of \u20ac500,000 is conveyed, transferred or leased to that child,<\/p>\n<p>(c)that the purpose of the conveyance, transfer or lease is to enable that child to construct a dwellinghouse on that site which will be occupied by that child as his or her only or main residence, and<\/p>\n<p>(d)that the transaction thereby effected is the first and only conveyance, transfer or lease of a site for the benefit of that child from either or both of the parents of that child which contains the certificate specified in this section.<\/p>\n<p>(4)Subsection (2) shall not apply to an instrument unless it has, in accordance with section 20, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.<\/p>\n<p>(5)The furnishing of an incorrect statement within the meaning of subsection (3) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act, 1997.<\/p>\n<p>&nbsp;<\/p>\n<p>(6)This section shall not apply to an instrument executed on or after 8 December 2010.<\/p>\n<p>83B.<\/p>\n<h4>Certain family farm transfers.<\/h4>\n<p>(1)Stamp duty shall not be chargeable on any instrument operating as a conveyance or transfer of land, the subject of the disposal by the child referred to in paragraph (d) (inserted by the Finance Act 2007) of section 599 (1) of the Taxes Consolidation Act 1997.<\/p>\n<p>(2)[deleted]<\/p>\n<p>&nbsp;<\/p>\n<p>91.<\/p>\n<h4>New dwellinghouses and apartments with floor area certificate.<\/h4>\n<p>(1)Subject to subsection (2), an instrument giving effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment shall be exempt from all stamp duties.<\/p>\n<p>(2)<\/p>\n<p>(a)In this subsection, &#8220;floor area certificate&#8221; means a certificate issued by the Minister for the Environment and Local Government certifying that that Minister is satisfied, on the basis of the information available to that Minister at the time of so certifying, that the total floor area of that dwellinghouse or apartment measured in the manner referred to in section 4(2) (b) of the Housing (Miscellaneous Provisions) Act, 1979, does not or will not exceed the maximum total floor area standing specified in regulations under that section 4(2) (b) and is not or will not be less than the minimum total floor area standing so specified.<\/p>\n<p>(b)Subsection (1) shall have effect in relation to an instrument only if the instrument contains a statement, in such form as the Commissioners may specify, certifying that &#8211;<\/p>\n<p>(i)the instrument gives effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment,<\/p>\n<p>(ii)until the expiration of the period of 5 years commencing on the date of the execution of the instrument or the subsequent sale (other than a sale the contract for which, if it were a written conveyance, would not, apart from section 82, be charged with full ad valorem duty or a sale to a company under the control of the vendor or of any person entitled to a beneficial interest in the dwellinghouse or apartment immediately prior to the sale or to a company which would, in relation to a notional gift of shares in that company taken, immediately prior to the sale, by any person so entitled, be under the control of the donee or successor within the meaning of section 27 of the Capital Acquisitions Tax Consolidation Act 2003, irrespective of the shares the subject matter of the notional gift) of the dwellinghouse or apartment concerned, whichever event first occurs, that dwellinghouse or apartment will be occupied as the only or principal place of residence of the purchaser, or if there be more than one purchaser, of any one or more of the purchasers or of some other person in right of the purchaser or, if there be more than one purchaser, of some other person in right of any one or more of the purchasers and that no person &#8211;<\/p>\n<p>(I)other than a person who, while in such occupation, derives rent or payment in the nature of rent in consideration for the provision, on or after 6 April 2001, of furnished residential accommodation in part of the dwellinghouse or apartment concerned, or<\/p>\n<p>(II)other than by virtue of a title prior to that of the purchaser,<\/p>\n<p>will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, during that period, and<\/p>\n<p>(iii)on the date of execution of the instrument there exists a valid floor area certificate in respect of that dwellinghouse or apartment.<\/p>\n<p>(c)Where, in relation to an instrument which is exempted from stamp duty by virtue of subsection (1) and at any time during the period referred to in paragraph (b) (ii), some person, other than a person referred to in clause (I) or (II) of subsection (2) (b) (ii), derives any rent or payment in the nature of rent for the use of the dwellinghouse or apartment concerned, or of any part of it, the purchaser, or where there be more than one purchaser, each such purchaser, shall &#8211;<\/p>\n<p>(i)jointly and severally become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of the duty which would have been charged in the first instance if the dwellinghouse or apartment had been conveyed or transferred or leased by an instrument to which this section had not applied together with interest charged on that amount, calculated in accordance with section 159D, from the date when the rent or payment is first received to the date clawback is remitted, and<\/p>\n<p>(ii)the person who receives the rent or payment shall, within 6 months after the date of the payment, notify the payment to the Commissioners on a form provided, or approved of, by them for the purposes of this section, unless that person is already aware that the Commissioners have already received such a notification from another source.<\/p>\n<p>(d)The furnishing of an incorrect statement within the meaning of paragraph (b) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act, 1997.<\/p>\n<p>(2A)Notwithstanding subsection (2) (b), subsection (2) (c) shall not apply to an instrument to which subsection (1) applied to the extent that any rent or payment in the nature of rent, for the use of the dwellinghouse or apartment or any part of the dwellinghouse or apartment, is derived &#8211;<\/p>\n<p>(a)on or after 5 December 2007, and<\/p>\n<p>(b)after the expiration of a period of 2 years which commences on the date of the execution of the instrument concerned.<\/p>\n<p>(3)This section shall apply as respects instruments executed before 1 April 2004.<\/p>\n<p>91A.<\/p>\n<h4>New dwellinghouses and apartments with floor area compliance certificate.<\/h4>\n<p>(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8220;floor area compliance certificate&#8221;, in respect of a dwellinghouse or apartment, means a certificate issued by the Minister for the Environment, Heritage and Local Government certifying that that Minister is satisfied, on the basis of the information available to that Minister at the time of so certifying, that &#8211;<br \/>\n(i)the total floor area of the dwellinghouse or apartment &#8211;<br \/>\n(I)does not, or will not, exceed 125 square metres, and<br \/>\n(II)is not, or will not, be less than 38 square metres,<br \/>\nand<br \/>\n(ii)the dwellinghouse or apartment complies or will comply with such conditions, if any, as may be set down in regulations made by that Minister from time to time for the purposes of this section;<\/p>\n<p>&#8220;valid floor area compliance certificate&#8221; means a floor area compliance certificate which has not been withdrawn.<\/p>\n<p>(b)For the purposes of this section the Minister for the Environment, Heritage and Local Government &#8211;<\/p>\n<p>(i)may make regulations from time to time &#8211;<\/p>\n<p>(I)specifying the manner in which the total floor area of a dwellinghouse or apartment is to be measured, and<\/p>\n<p>(II)setting down conditions in relation to standards of construction of dwellinghouses and apartments and the provision of water, sewerage and other services therein,<\/p>\n<p>(ii)may issue a floor area compliance certificate in respect of a dwellinghouse or apartment to a person where that Minister is satisfied, on the basis of information provided to that Minister by the person, or by a person on behalf of the person, that the person is registered for value-added tax and is the holder of a current certificate of authorisation within the meaning of section 530 (1) of the Taxes Consolidation Act 1997 or a current tax clearance certificate within the meaning of section 1094 (1) or section 1095 (1) of the Taxes Consolidation Act 1997,<\/p>\n<p>(iii)may, by notice in writing, withdraw any such certificate already issued, and<\/p>\n<p>(iv)may not issue a floor area compliance certificate in respect of a dwellinghouse or apartment unless any person authorised in writing by that Minister for the purposes of this section is permitted to inspect the dwellinghouse or apartment at all reasonable times on production, if so requested by a person affected, of his or her authorisation.<\/p>\n<p>(2)For the purposes of this section, the Commissioners or any person authorised by the Commissioners on their behalf, may, by notice in writing, request the Minister for the Environment, Heritage and Local Government to provide them, or any person so authorised, with the information, referred to in paragraph (b) (ii) of subsection (1), which was supplied by a person in support of the person&#8217;s application for a floor area compliance certificate.<\/p>\n<p>(3)Subject to subsection (4), an instrument giving effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment shall be exempt from all stamp duties.<\/p>\n<p>(4)Subsection (3) shall have effect in relation to an instrument only if the instrument contains a statement, in such form as the Commissioners may specify, certifying that &#8211;<\/p>\n<p>(a)the instrument gives effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment,<\/p>\n<p>(b)until the expiration of the period of 2 years commencing on the date of the execution of the instrument or the subsequent sale of the dwellinghouse or apartment concerned, whichever event first occurs, that dwellinghouse or apartment will be occupied as the only or principal place of residence of the purchaser, or if there be more than one purchaser, of any one or more of the purchasers or of some other person in right of the purchaser or, if there be more than one purchaser, of some other person in right of any one or more of the purchasers and that no person &#8211;<\/p>\n<p>(i)other than a person who, while in such occupation, derives rent or payment in the nature of rent in consideration for the provision, on or after 1 April 2004, of furnished residential accommodation in part of the dwellinghouse or apartment concerned, or<\/p>\n<p>(ii)other than by virtue of a title prior to that of the purchaser,<\/p>\n<p>will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, during that period, and<\/p>\n<p>(c)on the date of execution of the instrument there exists a valid floor area compliance certificate in respect of that dwellinghouse or apartment.<\/p>\n<p>(5)In subsection (4) (b), the reference to the subsequent sale does not include a reference to a sale the contract for which, if it were a written conveyance, would not, apart from section 82, be charged with full ad valorem duty or a sale to a company under the control of the vendor or of any person entitled to a beneficial interest in the dwellinghouse or apartment immediately prior to the sale or to a company which would, in relation to a notional gift of shares in that company taken, immediately prior to the sale, by any person so entitled, be under the control of the donee or successor within the meaning of section 27 of the Capital Acquisitions Tax Consolidation Act 2003, irrespective of the shares the subject matter of the notional gift.<\/p>\n<p>(6)Where, in relation to an instrument which is exempted from stamp duty by virtue of subsection (3) and at any time during the period referred to in subsection (4) (b), some person, other than a person referred to in subparagraph (i) or (ii) of subsection (4) (b), derives any rent or payment in the nature of rent for the use of the dwellinghouse or apartment concerned, or of any part of it, then the purchaser, or where there be more than one purchaser, each such purchaser, shall &#8211;<\/p>\n<p>(a)jointly and severally become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of the duty which would have been charged in the first instance if the dwellinghouse or apartment had been conveyed or transferred or leased by an instrument to which this section had not applied together with interest charged on that amount, calculated in accordance with section 159D, from the date when the rent or payment is first received to the date clawback is remitted, and<\/p>\n<p>(b)the person who receives the rent or payment shall, within 6 months after the date of the payment, notify the payment to the Commissioners on a form provided, or approved of, by them for the purposes of this section, unless that person is already aware that the Commissioners have already received such a notification from another source.<\/p>\n<p>(6A)Notwithstanding subsection (4), subsection (6) shall not apply to an instrument, being an instrument executed before 5 December 2007, to which subsection (3) applied to the extent that any rent or payment in the nature of rent, for the use of the dwellinghouse or apartment or any part of the dwellinghouse or apartment, is derived &#8211;<\/p>\n<p>(a)on or after 5 December 2007, and<\/p>\n<p>(b)after the expiration of a period of 2 years which commences on the date of the execution of the instrument concerned.<\/p>\n<p>(7)Where a valid floor area certificate, within the meaning of section 91, has issued in respect of a dwellinghouse or apartment, that certificate shall be deemed to be a valid floor area compliance certificate within the meaning of this section, where an exemption from stamp duty is claimed under this section in respect of the dwellinghouse or apartment concerned.<\/p>\n<p>(8)The furnishing of an incorrect statement within the meaning of subsection (4) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act 1997.<\/p>\n<p>(9)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(10)This section shall not apply to an instrument executed on or after 8 December 2010.<\/p>\n<p>92.<\/p>\n<h4>New dwellinghouses and apartments with no floor area certificate.<\/h4>\n<p>(1)<\/p>\n<p>(a)Where, in relation to an instrument to which this subsection applies &#8211;<\/p>\n<p>(i)the instrument is one to which section 29 applies, that section shall apply to that instrument as if &#8211;<\/p>\n<p>(I)the following subsection were substituted for subsection (2) of that section:<\/p>\n<p>&#8220;(2)Notwithstanding section 43, where, in connection with, or as part of any arrangement involving, a sale of any land, a dwellinghouse or apartment has been built, or is in the course of being built, or is to be built, on that land, any instrument whereby such sale is effected shall be chargeable to stamp duty under the heading &#8220;CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance&#8221; in Schedule 1, as if the property concerned were residential property on an amount which is the greater of &#8211;<\/p>\n<p>(a)any consideration paid in respect of the sale of that land, and<\/p>\n<p>(b)25 per cent of the aggregate of the consideration at paragraph (a) and the consideration paid, or to be paid, in respect of the building of the dwellinghouse or apartment on that land.&#8221;;<\/p>\n<p>(II)the following paragraphs were inserted into subsection (3) of that section:<\/p>\n<p>&#8220;(b)This subsection does not apply where the dwellinghouse or apartment concerned was occupied by any person, other than in connection with the building of that dwellinghouse or apartment, at any time prior to the agreement for sale of the land.<\/p>\n<p>(c)The amount on which stamp duty is chargeable by virtue of this section shall be deemed to be the amount or value of the consideration for the sale in respect of which that duty is chargeable.&#8221;;<\/p>\n<p>and<\/p>\n<p>(III)&#8221;such aggregate consideration&#8221; were substituted for &#8220;the aggregate consideration which is chargeable under subsection (2)&#8221; in paragraph (a) of subsection (4) of that section;<\/p>\n<p>(ii)the instrument is one to which section 53 applies, that section shall apply to that instrument as if &#8211;<\/p>\n<p>(I)the following subsection were substituted for subsection (2) of that section:<\/p>\n<p>&#8220;(2)Notwithstanding subsection (2) of section 52, where, in connection with, or as part of any arrangement involving, a lease of any land, a dwellinghouse or apartment has been built, or is in the course of being built, or is to be built, on that land, any instrument whereby such lease is effected shall be chargeable to stamp duty under subparagraph (a) of paragraph (3) of the heading &#8220;LEASE&#8221; in Schedule 1, as if the property concerned were residential property on an amount which is the greater of &#8211;<\/p>\n<p>(a)any consideration (other than rent) paid in respect of the lease of that land, and<\/p>\n<p>(b)25 per cent of the aggregate of the consideration at paragraph (a) and the consideration paid, or to be paid, in respect of the building of the dwellinghouse or apartment on that land.&#8221;;<\/p>\n<p>(II)the following paragraphs were inserted into subsection (3) of that section:<\/p>\n<p>&#8220;(b)This subsection does not apply where the dwellinghouse or apartment concerned was occupied by any person, other than in connection with the building of that dwellinghouse or apartment, at any time prior to the agreement for lease of the land.<\/p>\n<p>(c)The amount on which stamp duty is chargeable by virtue of this section shall be deemed to be the amount or value of the consideration for the lease in respect of which that duty is chargeable.&#8221;;<\/p>\n<p>and<\/p>\n<p>(III)&#8221;such aggregate consideration&#8221; were substituted for &#8220;the aggregate consideration which is chargeable under subsection (2)&#8221; in paragraph (a) of subsection (4) of that section;<\/p>\n<p>and<\/p>\n<p>(iii)the instrument gives effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment and sections 29, 53, 91 and 91A do not apply, the consideration (other than rent) for the sale shall for the purposes of ad valorem duty be treated as being reduced by 75 per cent.<\/p>\n<p>(b)This subsection applies to an instrument which contains a statement, in such form as the Commissioners may specify, certifying that &#8211;<\/p>\n<p>(i)the instrument &#8211;<\/p>\n<p>(I)is one to which section 29 or 53, applies and that sections 91 and 91A do not apply, or<\/p>\n<p>(II)gives effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment and that sections 29, 53, 91 and 91A do not apply,<\/p>\n<p>(ia)on the date of execution of the instrument there exists a certificate, signed by such person or class of persons as may be set down in regulations made by the Minister for the Environment, Heritage and Local Government from time to time for the purposes of this section, stating that the total floor area of the dwellinghouse or apartment does or will exceed 125 square metres, and<\/p>\n<p>(ii)until the expiration of the period of 2 years commencing on the date of the execution of the instrument or the subsequent sale (other than a sale the contract for which, if it were a written conveyance, would not, apart from section 82, be charged with full ad valorem duty or a sale to a company under the control of the vendor or of any person entitled to a beneficial interest in the dwellinghouse or apartment immediately prior to the sale or to a company which would, in relation to a notional gift of shares in that company taken, immediately prior to the sale, by any person so entitled, be under the control of the donee or successor within the meaning of section 27 of the Capital Acquisition Tax Consolidation Act 2003, irrespective of the shares the subject matter of the notional gift) of the dwellinghouse or apartment concerned, whichever event first occurs, that dwellinghouse or apartment will be occupied as the only or principal place of residence of the purchaser, or if there be more than one purchaser, of any one or more of the purchasers or of some other person in right of the purchaser or, if there be more than one purchaser, of some other person in right of any one or more of the purchasers and that no person &#8211;<\/p>\n<p>(I)other than a person who, while in such occupation, derives rent or payment in the nature of rent in consideration for the provision, on or after 6 April 2001, of furnished residential accommodation in part of the dwellinghouse or apartment concerned, or<\/p>\n<p>(II)other than by virtue of a title prior to that of the purchaser,<\/p>\n<p>will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, during that period.<\/p>\n<p>(2)Where subsection (1) applies to an instrument and at any time during the period referred to in paragraph (b) (ii) of that subsection, some person, other than a person referred to in clause (I) or (II) of subsection (1) (b) (ii), derives any rent or payment in the nature of rent for the use of the dwellinghouse or apartment concerned, or of any part of it, the purchaser, or where there be more than one purchaser, each such purchaser, shall &#8211;<\/p>\n<p>(a)jointly and severally become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the difference between the amount of the duty which would have been charged in the first instance if the dwellinghouse or apartment had been conveyed or transferred or leased by an instrument to which subsection (1) had not applied and the amount of duty which was actually charged together with interest charged on that amount, calculated in accordance with section 159D, from the date when the rent or payment is first received to the date clawback is remitted, and<\/p>\n<p>(b)the person who receives the rent or payment shall, within 6 months after the date of the payment, notify the payment to the Commissioners on a form provided, or approved of, by them for the purposes of this section, unless that person is already aware that the Commissioners have already received such a notification from another source.<\/p>\n<p>(2A)Notwithstanding subsection (1) (b), subsection (2) shall not apply to an instrument, being an instrument executed before 5 December 2007, to which subsection (1) (a) applied to the extent that any rent or payment in the nature of rent, for the use of the dwellinghouse or apartment or any part of the dwellinghouse or apartment, is derived &#8211;<\/p>\n<p>(a)on or after 5 December 2007, and<\/p>\n<p>(b)after the expiration of a period of 2 years which commences on the date of the execution of the instrument concerned.<\/p>\n<p>(3)The furnishing of an incorrect statement within the meaning of subsection (1) (b) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act 1997.<\/p>\n<p>(4)For the purposes of this section, the Minister for the Environment, Heritage and Local Government may make regulations from time to time &#8211;<\/p>\n<p>(a)specifying the manner in which the total floor area of a dwellinghouse or apartment is to be measured, and<\/p>\n<p>(b)specifying the person or class of persons who may sign a certificate referred to in subsection (1) (b) (ia).<\/p>\n<p>(5)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(6)This section shall not apply to an instrument executed on or after 8 December 2010.<\/p>\n<p>92A.<\/p>\n<h4>Residential property owner occupier relief.<\/h4>\n<p>(1)The amount of stamp duty chargeable under or by reference to paragraphs (1) to (6) of the Heading &#8220;CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance&#8221; or clauses (i) to (vi) of paragraph (3) (a) of the Heading &#8220;LEASE&#8221;, as the case may be, in Schedule 1 on any instrument to which this section applies shall be reduced, where paragraph (1) or clause (i) applies, to nil, and where &#8211;<\/p>\n<p>(a)paragraph (2) or clause (ii) applies, to an amount equal to three-ninths,<\/p>\n<p>(b)paragraph (3) or clause (iii) applies, to an amount equal to four-ninths,<\/p>\n<p>(c)paragraph (4) or clause (iv) applies, to an amount equal to five-ninths,<\/p>\n<p>(d)paragraph (5) or clause (v) applies, to an amount equal to six-ninths,<\/p>\n<p>(e)paragraph (6) or clause (vi) applies, to an amount equal to seven and one half-ninths,<\/p>\n<p>of the amount which would otherwise have been chargeable but where the amount so obtained is a fraction of \u20ac1 that amount shall be rounded down to the nearest \u20ac.<\/p>\n<p>(2)This section shall apply to &#8211;<\/p>\n<p>(a)any instrument to which section 92 applies, or<\/p>\n<p>(b)any instrument, other than one to which section 92 applies, which contains a statement, in such form as the Commissioners may specify, certifying that &#8211;<\/p>\n<p>(i)the instrument gives effect to the purchase of a dwellinghouse or apartment, and<\/p>\n<p>(ii)until the expiration of the period of 5 years commencing on the date of the execution of the instrument or the subsequent sale (other than a sale the contract for which, if it were a written conveyance, would not, apart from section 82, be charged with full ad valorem duty or a sale to a company under the control of the vendor or of any person entitled to a beneficial interest in the dwellinghouse or apartment immediately prior to the sale or to a company which would, in relation to a notional gift of shares in that company taken, immediately prior to the sale, by any person so entitled, be under the control of the donee or successor within the meaning of section 16 of the Capital Acquisitions Tax Act, 1976, irrespective of the shares the subject matter of the notional gift) of the dwellinghouse or apartment concerned, whichever event first occurs, that dwellinghouse or apartment will be occupied as the only or principal place of residence of the purchaser, or if there be more than one purchaser, of any one or more of the purchasers or of some other person in right of the purchaser or, if there be more than one purchaser, of some other person in right of any one or more of the purchasers and that no person &#8211;<\/p>\n<p>(I)other than a person who, while in such occupation, derives rent or payment in the nature of rent in consideration for the provision, on or after 6 April 2001, of furnished residential accommodation in part of the dwellinghouse or apartment concerned, or<\/p>\n<p>(II)other than by virtue of a title prior to that of the purchaser,<\/p>\n<p>will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, during that period.<\/p>\n<p>(3)Where subsection (1) applies to an instrument and at any time during the period referred to in section 92(1) (b) (ii) or in subsection (2) (b) (ii) of this section, some person, other than a person referred to in clause (I) or (II) of subsection (2) (b) (ii), derives any rent or payment in the nature of rent for the use of the dwellinghouse or apartment concerned, or of any part of it, the purchaser, or where there be more than one purchaser, each such purchaser, shall &#8211;<\/p>\n<p>(a)jointly and severally become liable to pay to the Commissioners a penalty equal to the difference between the amount of the duty which would have been charged in the first instance if the dwellinghouse or apartment had been conveyed or transferred or leased by an instrument to which subsection (1) had not applied and the amount of duty which was actually charged together with interest charged on that amount, calculated in accordance with section 159D, from the date when the rent or payment is first received to the date the penalty is remitted, and<\/p>\n<p>(b)the person who receives the rent or payment shall, within 6 months after the date of the payment, notify the payment to the Commissioners on a form provided, or approved of, by them for the purposes of this section, unless that person is already aware that the Commissioners have already received such a notification from another source.<\/p>\n<p>(4)Where the instrument is one to which this section and section 92 applies &#8211;<\/p>\n<p>(a)the reference in subsection (3) to the amount of duty which would have been charged in the first instance shall be construed as a reference to the duty which would have been charged had the relief under section 92 continued to apply, and<\/p>\n<p>(b)the reference to the amount of duty which was actually charged in subsection (2) (a) of section 92 shall be construed as a reference to the duty which would have been charged had the relief under this section been denied,<\/p>\n<p>and the penalty referred to in subsection (3) shall be in addition to any penalty payable under section 92.<\/p>\n<p>(5)Notwithstanding subsection (2), subsection (1) shall not apply unless the consideration for the sale or lease concerned which is attributable to residential property is wholly attributable to residential property which would otherwise qualify for relief under this section or where the sale or lease concerned forms part of a larger transaction or of a series of transactions unless the aggregate consideration for that larger transaction or series of transactions which is attributable to residential property is wholly attributable to residential property which would otherwise qualify for relief under this section.<\/p>\n<p>(6)Notwithstanding subsection (2), this section shall not apply to an instrument to which section 92B applies.<\/p>\n<p>(7)Notwithstanding subsection (2), subsection (3) shall not apply to an instrument to which subsection (1) applied and which was executed before 6 December 2001 to the extent that any rent or payment in the nature of rent is derived on or after 6 December 2001, for the use of the dwellinghouse or apartment or any part of the dwellinghouse or apartment.<\/p>\n<p>(8)This section shall not apply to an instrument executed on or after 6 December 2001.<\/p>\n<p>92B.<\/p>\n<h4>Residential property first time purchaser relief.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;first time purchaser&#8221; in relation to a purchaser, means &#8211;<br \/>\n(a)a person, or<br \/>\n(b)as respects instruments executed on or after 27 June 2000, a person, being an individual,<br \/>\nwho, at the time of the execution of the instrument to which this section applies, has not, either individually or jointly with any other person or persons, previously purchased (other than the purchase of a leasehold interest by way of grant or assignment for any term not exceeding one year), or previously built &#8211;<br \/>\n(i)directly or indirectly on his or her own behalf, or<br \/>\n(ii)as respects instruments executed on or after 27 June 2000, in a fiduciary capacity,<br \/>\nanother dwellinghouse or apartment or a part of another dwellinghouse or apartment and for the purposes of this definition &#8211;<br \/>\n(I)any dwellinghouse or apartment taken under a conveyance or transfer operating as a voluntary disposition within the meaning of section 30 of the Principal Act shall be deemed to have been taken by way of purchase where that conveyance or transfer was executed on or after 22 June 2000, and<br \/>\n(II)any part of a dwellinghouse or apartment taken under a conveyance or transfer operating as a voluntary disposition within the meaning of section 30 of the Principal Act shall be deemed to have been taken by way of purchase where that conveyance or transfer was executed on or after 27 June 2000;<\/p>\n<p>&#8220;purchaser&#8221; means an individual who purchases a dwellinghouse or apartment or an interest in a dwellinghouse or apartment, where the consideration for the purchase required to be paid by the individual is derived from the individual&#8217;s own means, which may be or may include consideration derived from &#8211;<br \/>\n(a)an unconditional gift, or<br \/>\n(b)a bona fide loan evidenced in writing,<br \/>\nmade to the individual for the purposes of the purchase concerned.<\/p>\n<p>(1A)For the purposes of the definition of &#8216;purchaser&#8217; &#8211;<\/p>\n<p>(a)a gift shall be deemed not to be an unconditional gift where the donor of the gift concerned &#8211;<\/p>\n<p>(i)is not a party to the instrument giving effect to the purchase of the dwellinghouse or apartment or the interest in the dwellinghouse or apartment, and<\/p>\n<p>(ii)<\/p>\n<p>(I)intends to occupy or does occupy the dwellinghouse or apartment with the purchaser as the only or principal place of residence of each of them, or<\/p>\n<p>(II)as part of an understanding or agreement can have &#8211;<\/p>\n<p>(A)the dwellinghouse or apartment or the interest in the dwellinghouse or apartment, or<\/p>\n<p>(B)a part of the dwellinghouse or apartment or a part of the interest in the dwellinghouse or apartment,<\/p>\n<p>transferred to that donor at some time after the date of execution of the instrument concerned,<\/p>\n<p>and<\/p>\n<p>(b)where some or all of the consideration, required to be paid by the purchaser for the purchase of the dwellinghouse or apartment or the interest in the dwellinghouse or apartment, is derived from a loan, and where the individual making the loan &#8211;<\/p>\n<p>(i)is not a party to the instrument giving effect to the purchase of the dwellinghouse or apartment or the interest in the dwellinghouse or apartment, and<\/p>\n<p>(ii)<\/p>\n<p>(I)intends to occupy or does occupy the dwellinghouse or apartment with the purchaser as the only or principal place of residence of each of them, or<\/p>\n<p>(II)as part of an understanding or agreement can have &#8211;<\/p>\n<p>(A)the dwellinghouse or apartment or the interest in the dwellinghouse or apartment, or<\/p>\n<p>(B)a part of the dwellinghouse or apartment or a part of the interest in the dwellinghouse or apartment,<\/p>\n<p>transferred to the individual who made the loan at some time after the date of execution of the instrument concerned,<\/p>\n<p>then such loan shall not be regarded as a bona fide loan.<\/p>\n<p>(1B)Subsection (1A) shall not apply to a purchaser, where the donor of the gift, or the individual making the loan, to the purchaser is a parent of the purchaser.<\/p>\n<p>(2)Stamp duty shall not be chargeable under or by reference to paragraphs (2) to (4) of the Heading &#8216;CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance&#8217; or clauses (ii) to (iv) of paragraph (3) (a) of the Heading &#8216;LEASE&#8217;, as the case may be, in Schedule 1 on any instrument to which this section applies.<\/p>\n<p>(3)This section shall apply to &#8211;<\/p>\n<p>(a)any instrument to which section 92 applies and which contains a statement, in such form as the Commissioners may specify, certifying that the purchaser, or where there is more than one purchaser, each and every one of the purchasers, is a first time purchaser,<\/p>\n<p>(b)any instrument, to which neither section 92 nor subsection (3A) applies, which contains a statement, in such form as the Commissioners may specify, certifying that subsection (3A) does not apply, that the purchaser, or where there is more than one purchaser, each and every one of the purchasers, is a first time purchaser, and that &#8211;<\/p>\n<p>(i)the instrument gives effect to the purchase of a dwellinghouse or apartment, and<\/p>\n<p>(ii)until the expiration of the period of 2 years commencing on the date of the execution of the instrument or the subsequent sale (other than a sale the contract for which, if it were a written conveyance, would not, apart from section 82, be charged with full ad valorem duty or a sale to a company under the control of the vendor or of any person entitled to a beneficial interest in the dwellinghouse or apartment immediately prior to the sale or to a company which would, in relation to a notional gift of shares in that company taken, immediately prior to the sale, by any person so entitled, be under the control of the donee or successor within the meaning of section 27 of the Capital Acquisitions Tax Consolidation Act 2003, irrespective of the shares the subject matter of the notional gift) of the dwellinghouse or apartment concerned, whichever event first occurs, that dwellinghouse or apartment will be occupied as the only or principal place of residence of the purchaser, or if there be more than one purchaser, of any one or more of the purchasers or of some other person in right of the purchaser or, if there be more than one purchaser, of some other person in right of any one or more of the purchasers and that no person &#8211;<\/p>\n<p>(I)other than a person who, while in such occupation, derives rent or payment in the nature of rent in consideration for the provision, on or after 6 April 2001, of furnished residential accommodation in part of the dwellinghouse or apartment concerned, or<\/p>\n<p>(II)other than by virtue of a title prior to that of the purchaser,<\/p>\n<p>will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, during that period, and<\/p>\n<p>(c)any instrument, executed on or after 31 March 2007 and on or before the date of the passing of the Finance (No. 2) Act 2007, that does not contain such a statement as is referred to in paragraph (a) or (b) &#8211;<\/p>\n<p>(i)where &#8211;<\/p>\n<p>(I)section 92 applies to that instrument, and<\/p>\n<p>(II)the purchaser has complied with, and has undertaken to continue to be bound by, the conditions, liabilities and obligations under section 92 and has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the condition set out in such a statement as is referred to in paragraph (a) notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section,<\/p>\n<p>or<\/p>\n<p>(ii)where &#8211;<\/p>\n<p>(I)had that instrument contained a statement such as is referred to in paragraph (b), such statement would have been true and correct, and<\/p>\n<p>(II)the purchaser has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the conditions set out in such a statement as is referred to in paragraph (b) notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section.<\/p>\n<p>(3A)This subsection applies to an instrument &#8211;<\/p>\n<p>(a)which gives effect to the purchase of a dwellinghouse or apartment on the erection of the dwellinghouse or apartment, or<\/p>\n<p>(b)to which section 29 or 53 applies,<\/p>\n<p>where the total floor area of that dwellinghouse or apartment &#8211;<\/p>\n<p>(i)does not, or will not, exceed 125 square metres, and<\/p>\n<p>(ii)is not, or will not, be less than 38 square metres,<\/p>\n<p>as measured in the manner specified in regulations made by the Minister for the Environment, Heritage and Local Government for the purposes of section 91A.<\/p>\n<p>(4)Where subsection (2) applies to an instrument and at any time during the period referred to in section 92(1) (b) (ii) or in subsection (3) (b) (ii) of this section, some person, other than a person referred to in clause (I) or (II) of subsection (3) (b) (ii), derives any rent or payment in the nature of rent for the use of the dwellinghouse or apartment concerned, or of any part of it, the purchaser, or where there be more than one purchaser, each such purchaser, shall &#8211;<\/p>\n<p>(a)jointly and severally become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of the duty which would have been charged in the first instance if the dwellinghouse or apartment had been conveyed or transferred or leased by an instrument to which subsection (2) had not applied together with interest charged on that amount, calculated in accordance with section 159D, from the date when the rent or payment is first received to the date clawback is remitted, and<\/p>\n<p>(b)the person who receives the rent or payment shall, within 6 months after the date of the payment, notify the payment to the Commissioners on a form provided, or approved of, by them for the purposes of this section, unless that person is already aware that the Commissioners have already received such a notification from another source.<\/p>\n<p>(4A)Notwithstanding subsection (3), subsection (4) shall not apply to an instrument, being an instrument executed before 5 December 2007, to which subsection (2) applied to the extent that any rent or payment in the nature of rent, for the use of the dwellinghouse or apartment or any part of the dwellinghouse or apartment, is derived &#8211;<\/p>\n<p>(a)on or after 5 December 2007, and<\/p>\n<p>(b)after the expiration of a period of 2 years which commences on the date of the execution of the instrument concerned.<\/p>\n<p>(5)Where the instrument is one to which this section and section 92 applies &#8211;<\/p>\n<p>(a)the reference in subsection (4) to the amount of duty which would have been charged in the first instance shall be construed as a reference to the duty which would have been charged had the relief under section 92 continued to apply, and<\/p>\n<p>(b)the reference to the amount of duty which was actually charged in subsection (2) (a) of section 92 shall be construed as a reference to the duty which would have been charged had the relief under this section been denied,<\/p>\n<p>and the clawback referred to in subsection (4) shall be in addition to any clawback payable under section 92.<\/p>\n<p>(6)Notwithstanding subsection (3), subsection (2) shall not apply to an instrument which gives effect to a sale or lease of more than one unit of residential property or where the sale or lease concerned forms part of a larger transaction or of a series of transactions comprising more than one unit of residential property.<\/p>\n<p>(7)Notwithstanding subsection (1), a trustee of a trust to which section 189A of the Taxes Consolidation Act, 1997, applies shall be deemed to be a first time purchaser for the purposes of the definition in subsection (1), in respect of a conveyance or transfer including a conveyance or transfer operating as a voluntary disposition within the meaning of section 30 of the Principal Act, to that trustee of that trust, of a dwellinghouse or apartment or a part of a dwellinghouse or apartment, subject to &#8211;<\/p>\n<p>(a)where there is only one beneficiary of that trust, this subsection applying to one such conveyance or transfer only, being the first such conveyance or transfer executed on or after the date of the establishment of that trust, and<\/p>\n<p>(b)where there is more than one beneficiary of that trust, this subsection applying to as many conveyances or transfers, executed on or after the date of the establishment of that trust, as there are beneficiaries of that trust for whose benefit any such conveyance or transfer is made.<\/p>\n<p>(7A)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8216;incapacitated individual&#8217; means an individual who is permanently incapacitated by reason of mental infirmity, but is capable of residing on his or her own with appropriate care;<\/p>\n<p>&#8216;qualifying dwellinghouse&#8217; means a dwellinghouse or apartment or part of a dwellinghouse or apartment, which will be occupied by the incapacitated individual as his or her principal place of residence, and will not be occupied by either parent of the incapacitated individual or by a trustee as his or her principal place of residence;<\/p>\n<p>&#8216;trustee&#8217; means a trustee of a trust in respect of which it is shown to the satisfaction of the Commissioners, that &#8211;<\/p>\n<p>(i)the trust has been established exclusively for the benefit of an incapacitated individual, and<\/p>\n<p>(ii)the trust funds are applied for the benefit of that individual at the discretion of the trustees of the trust.<\/p>\n<p>(b)Notwithstanding subsection (1), where a parent of an incapacitated individual or a trustee purchases a qualifying dwellinghouse, the parent or the trustee, as the case may be, shall be deemed to be a first time purchaser, for the purposes of the definition in subsection (1), in respect of a conveyance or transfer of the qualifying dwellinghouse executed on or after 1 January 2010, including a conveyance or transfer operating as a voluntary disposition within the meaning of section 30, to that parent or trustee.<\/p>\n<p>(c)This subsection shall apply to only one such conveyance or transfer referred to in paragraph (b), being the first such conveyance or transfer executed by the parent or by the trustee, as the case may be.<\/p>\n<p>(8)<\/p>\n<p>(a)<\/p>\n<p>(i)Notwithstanding subsection (1), a spouse to a marriage (in this subsection referred to as a &#8216;claimant&#8217;), the subject of a decree of divorce, a decree of judicial separation, a decree of nullity or a deed of separation (in this subsection referred to as a &#8216;decree&#8217;), shall be deemed to be a first time purchaser for the purposes of the definition in subsection (1), in respect of the first conveyance or transfer, including a conveyance or transfer operating as a voluntary disposition within the meaning of section 30, to the claimant, of a dwelling house, after the date of the decree, where the conditions set out in subparagraph (ii) are satisfied.<\/p>\n<p>(ii)The conditions required by this subparagraph are that &#8211;<\/p>\n<p>(I)immediately prior to the date of the decree, the claimant is not beneficially entitled to an interest in any dwelling house other than the dwelling house referred to in clause (II),<\/p>\n<p>(II)the dwelling house, most recently acquired prior to the date of the decree, which was the only or main residence of the claimant and his or her spouse at some time prior to the date of the decree, did not cease to be occupied, at the date of the decree, by the spouse of the claimant as his or her only or main residence and the spouse was beneficially entitled to an interest in the dwelling house on that date or acquired such an interest after that date by virtue or in consequence of, the decree, and<\/p>\n<p>(III)at the date of execution of the instrument, giving effect to the conveyance or transfer, the claimant is not beneficially entitled to an interest in the dwelling house referred to in clause (II).<\/p>\n<p>(aa)<\/p>\n<p>&nbsp;<\/p>\n<p>(i)Where, by reason only of the fact that the first conveyance or transfer (referred to in paragraph (a)(i)) of a dwelling house was executed on or before the date of the decree, and as a consequence the claimant cannot satisfy the conditions set out in clauses (I) and (III) of paragraph (a)(ii), the claimant shall be deemed to be a first time purchaser for the purposes of the definition in subsection (1), where the first conveyance or transfer is executed in the period of 6 months ending on the date of the decree and the conditions set out in subparagraph (ii) are satisfied.<\/p>\n<p>(ii)The conditions required by this subparagraph are that &#8211;<\/p>\n<p>(I)the first conveyance or transfer was made in anticipation of the decree, and<\/p>\n<p>(II)immediately before the date of the decree, the claimant was not beneficially entitled to an interest in any dwelling house other than the dwelling house referred to in subparagraph (i) and the dwelling house referred to in clause (II) of paragraph (a)(ii).<\/p>\n<p>(iii)Where by virtue of subparagraph (i) a claimant is deemed to be a first time purchaser in respect of a first conveyance or transfer, the Commissioners, on a claim being made to them on that behalf and on the conditions set out in subparagraph (iv) being satisfied, shall cancel and repay such duty or part of such duty as would not have been chargeable had paragraph (a) applied to the conveyance or transfer when it was first presented for stamping.<\/p>\n<p>(iv)The conditions required by this subparagraph are that the claimant, when making a claim for repayment, shall produce to the Commissioners &#8211;<\/p>\n<p>(I)the stamped instrument,<\/p>\n<p>(II)a copy of the decree,<\/p>\n<p>(III)a declaration made in writing by the claimant, in such form as the Commissioners may specify, confirming to the satisfaction of the Commissioners that &#8211;<\/p>\n<p>(A)the conveyance or transfer was made in connection with the decree,<\/p>\n<p>(B)immediately before the date of the decree, the claimant was not beneficially entitled to an interest in any dwelling house other than the dwelling house referred to in subparagraph (i) and the dwelling house referred to in clause (II) of paragraph (a)(ii),<\/p>\n<p>(C)the dwelling house referred to in clause (II) of paragraph (a)(ii) did not cease to be occupied, at the date of the decree, by the spouse of the claimant as his or her only or main residence and the spouse was beneficially entitled to an interest in the dwelling house on that date or acquired such an interest after that date by virtue or in consequence of the decree,<\/p>\n<p>(D)at the time of making the claim for repayment, the claimant was not beneficially entitled to an interest in the dwelling house referred to in clause (II) of paragraph (a)(ii),<\/p>\n<p>(E)since the date of execution of the conveyance or transfer, the conditions referred to in subsection (3) (b) (ii) or (4A), as the case may be, or the conditions referred to in subsection (1) (b) (ii) or (2A) of section 92, as the case may be, have been complied with and will be complied with for the remainder of the 2 year period referred to in the subsection that applies to the conveyance or transfer concerned,<\/p>\n<p>(F)the conveyance or transfer is one to which subsection (3A) does not apply, and<\/p>\n<p>(G)where the dwelling house was conveyed or transferred to the claimant and another person, that the other person was a first time purchaser within the meaning of subsection (1), immediately prior to the date of execution of the conveyance or transfer concerned,<\/p>\n<p>(IV)the PPS Number of the claimant and any other person to whom the dwelling house was conveyed or transferred, and<\/p>\n<p>(V)such other evidence that the Commissioners may require for the purposes of this subparagraph.<\/p>\n<p>(v)Subsection (4) shall apply to a conveyance or transfer to which subparagraph (ii) applies as it applies to an instrument to which subsection (2) applies, with any necessary modifications.<\/p>\n<p>(b)In this subsection &#8211;<\/p>\n<p>&#8220;decree of divorce&#8221; means a decree under section 5 of the Family Law (Divorce) Act, 1996, or any decree to like effect that was granted under the law of a country or jurisdiction other than the State and is recognised in the State;<\/p>\n<p>&#8220;decree of judicial separation&#8221; means a decree under section 3 of the Judicial Separation and Family Law Reform Act, 1989, or any decree to like effect that was granted under the law of a country or jurisdiction other than the State and is recognised in the State;<\/p>\n<p>&#8220;decree of nullity&#8221; means a decree granted by the High Court declaring a marriage to be null and void or any decree to like effect that was granted under the law of a country or judisdiction other than the State and is recognised in the State,<\/p>\n<p>&#8220;deed of separation&#8221; means a deed of separation executed by both spouses to a marriage and the date of a deed of separation is the date on which such deed is executed by both spouses to the marriage;<\/p>\n<p>&#8220;dwelling house&#8221; means a dwelling house or apartment or a part of a dwelling house or apartment;<\/p>\n<p>&#8220;PPS Number&#8221;, in relation to a person, means the person&#8217;s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005.<\/p>\n<p>(9)Where, by virtue of the amendment of this section by the Finance (No. 2) Act 2007, an instrument is one in respect of which stamp duty is not chargeable under or by reference to any of the paragraphs or, as the case may be, clauses referred to in subsection (2), the Commissioners, on a claim being made to them in that behalf and on the conditions set out in subsection (10) being satisfied, shall cancel and repay such duty paid as would not have been charged had this section been so amended before the instrument was executed.<\/p>\n<p>(10)The conditions required by this subsection are that the purchaser (in this subsection referred to as the &#8216;claimant&#8217;), when making a claim for repayment, shall produce to the Commissioners &#8211;<\/p>\n<p>(a)the stamped instrument,<\/p>\n<p>(b)a declaration made in writing by the claimant, in such form as the Commissioners may specify, confirming to the satisfaction of the Commissioners that &#8211;<\/p>\n<p>(i)where the instrument is one to which this section applies by virtue of paragraph (a) or (b) of subsection (3), the claimant has complied with the conditions, liabilities and obligations under either or both this section and section 92, as the case may be, and has undertaken to continue to be bound by those conditions, liabilities and obligations,<\/p>\n<p>(ii)where the instrument is one to which subsection (3) (c) (i) applies, the claimant has complied with, and has undertaken to continue to be bound by, the conditions, liabilities and obligations under section 92 and has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the condition set out in such a statement as is referred to in paragraph (a) of that subsection notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section, or<\/p>\n<p>(iii)where the instrument is one to which subsection (3) (c) (ii) applies, the claimant has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the conditions set out in such a statement as is referred to in paragraph (b) of that subsection notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section,<\/p>\n<p>and<\/p>\n<p>(c)such information as the Commissioners may reasonably require for the purposes of this subsection.<\/p>\n<p>(11)A reference in subsection (3) (c) or subsection (10) to the purchaser, shall be construed as including a reference, where there is more than one purchaser, to each and every one of the purchasers.<\/p>\n<p>(12)This section shall not apply to an instrument executed on or after 8 December 2010.<\/p>\n<p>92C. Residential property investor relief.<br \/>\nDeleted from 6 December 2001<br \/>\n(1)The amount of stamp duty chargeable under or by reference to paragraphs (1) to (6) of the heading &#8220;CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance&#8221; or clauses (i) to (vi) of paragraph (3) (a) of the heading &#8220;LEASE&#8221;, as the case may be, in Schedule 1 on any instrument to which this section applies shall be reduced where &#8211;<\/p>\n<p>(a)paragraph (1) or (2) or clause (i) or (ii) applies, to an amount equal to three-ninths,<\/p>\n<p>(b)paragraph (3) or clause (iii) applies, to an amount equal to four-ninths,<\/p>\n<p>(c)paragraph (4) or clause (iv) applies, to an amount equal to five-ninths,<\/p>\n<p>(d)paragraph (5) or clause (v) applies, to an amount equal to six-ninths,<\/p>\n<p>(e)paragraph (6) or clause (vi) applies, to an amount equal to seven and one half-ninths,<\/p>\n<p>of the amount which would otherwise have been chargeable but where the amount so obtained is a fraction of \u00a31 that amount shall be rounded up to the nearest \u00a3.<\/p>\n<p>(2)This section shall apply to any instrument which contains a statement, in such form as the Commissioners may specify, certifying that the instrument &#8211;<\/p>\n<p>(a)is one to which section 29 or 53 applies, or<\/p>\n<p>(b)gives effect to the purchase of a dwellinghouse or apartment on the erection of that dwellinghouse or apartment and that section 29 or 53 do not apply.<\/p>\n<p>93. Houses acquired from industrial and provident societies.<br \/>\nStamp duty shall not be chargeable on a conveyance, transfer or lease of a house by a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, and made, in accordance with a scheme for the provision of houses for its members, to a member or to such member and the spouse or civil partner of the member.<\/p>\n<p>93A.<\/p>\n<h4>Approved voluntary body.<\/h4>\n<p>(1)Stamp duty shall not be chargeable on any conveyance, transfer or lease of land to a voluntary body, approved by the Minister for the Environment and Local Government under section 6 of the Housing (Miscellaneous Provisions) Act, 1992, for the purposes of the Housing Acts, 1966 to 1998.<\/p>\n<p>94.<\/p>\n<h4>Purchase of land from Land Commission.<\/h4>\n<p>(1)In this section &#8220;qualified person&#8221; has the same meaning as in section 5 of the Land Act, 1965, and &#8220;advance&#8221; means an advance under that section.<\/p>\n<p>(2)Stamp duty shall not be chargeable on an instrument giving effect to the purchase of land by a qualified person, being an instrument either &#8211;<\/p>\n<p>(a)which contains a charge on the land in favour of the Irish Land Commission for repayment of an advance, or<\/p>\n<p>(b)on which there is endorsed an order made by the Irish Land Commission charging the land with an advance.<\/p>\n<p>95.<\/p>\n<h4>Commercial woodlands.<\/h4>\n<p>(1)In this section &#8220;trees&#8221; means woodlands managed on a commercial basis and with a view to the realisation of profits.<\/p>\n<p>(2)This section applies to an instrument, being a conveyance or transfer on sale of land, or a lease of land, where trees are growing on a substantial part of such land.<\/p>\n<p>(3)Stamp duty shall not be chargeable on any instrument to which this section applies, in respect of such part of the consideration for the sale or lease as represents the value of trees growing on the land.<\/p>\n<p>96.<\/p>\n<h4>Transfers between spouses.<\/h4>\n<p>(1)Subject to subsection (2), stamp duty shall not be chargeable on any instrument, other than a conveyance or transfer referred to in subsection (1), (2), (3) or (4) of section 46 or subsection (1) (b) of section 73 whereby any property is transferred by a spouse or spouses of a marriage to either spouse or to both spouses of that marriage, or by a civil partner or the civil partners in a civil partnership to either civil partner or both civil partners in that civil partnership.<\/p>\n<p>(2)Subsection (1) shall not apply to an instrument whereby any property or any part of, or beneficial interest in, any property is transferred to a person other than a spouse or civil partner referred to in that subsection.<\/p>\n<p>(3)[deleted]<\/p>\n<p>97.<\/p>\n<h4>Certain transfers following the dissolution of a marriage.<\/h4>\n<p>(1)Subject to subsection (2), stamp duty shall not be chargeable on an instrument by which property is transferred pursuant to an order to which this subsection applies by either or both of the spouses or the civil partners who were parties to the marriage or the civil partnership concerned, as the case may be, to either or both of them.<\/p>\n<p>(2)<\/p>\n<p>(a)Subsection (1) applies &#8211;<\/p>\n<p>(i)to a relief order, within the meaning of section 23 of the Family Law Act, 1995, made following the dissolution of a marriage,<\/p>\n<p>(ii)to an order under Part III of the Family Law (Divorce) Act 1996 or Part 12 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or<\/p>\n<p>(iii)to an order or other determination to like effect, which is analogous to an order referred to in subparagraph (i) or (ii), of a court under the law of another territory made under or in consequence of the dissolution of a marriage or a civil partnership, being a dissolution that is entitled to be recognised as valid in the State.<\/p>\n<p>(b)Subsection (1) does not apply in relation to an instrument referred to in that subsection by which any part of or beneficial interest in the property concerned is transferred to a person other than the spouses or civil partners concerned.<\/p>\n<p>(3)[deleted]<\/p>\n<p>97A.<\/p>\n<h4>Certain transfers by cohabitants.<\/h4>\n<p>&nbsp;<\/p>\n<p>(1)Stamp duty shall not be chargeable on an instrument executed on or after 1 January 2011 by which property is transferred pursuant to an order under section 174 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 by a cohabitant (within the meaning of that Act) to his or her cohabitant.<\/p>\n<p>(2)Subsection (1) does not apply in relation to an instrument referred to in that subsection by which any part of or beneficial interest in the property concerned is transferred to a person other than the cohabitants concerned.<\/p>\n<p>(3)[deleted]<\/p>\n<p>98.<\/p>\n<h4>Foreign immovable property.<\/h4>\n<p>(1)Stamp duty shall not be chargeable on any instrument which is a conveyance, transfer, assignment, lease or licence of any immovable property situated outside the State.<\/p>\n<p>(2)Subsection (1) shall not apply if the instrument relates to &#8211;<\/p>\n<p>(a)any immovable property situated in the State, or any right over or interest in such property, or<\/p>\n<p>(b)the stocks or marketable securities of a company, other than a company which is an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, which is registered in the State.<\/p>\n<h4>Schedule 1<\/h4>\n<h4>Stamp Duties on Instruments<\/h4>\n<p>Section 2.<\/p>\n<p>Heading<\/p>\n<p>Duty<\/p>\n<p>AGREEMENT for a Lease, or for any letting.<\/p>\n<p>See LEASE.<\/p>\n<p>AGREEMENT for sale of property.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>ANNUITY.<\/p>\n<p>Conveyance in consideration of.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>Purchase of.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>ASSIGNMENT.<\/p>\n<p>On a sale or otherwise.<\/p>\n<p>See CONVEYANCE or TRANSFER.<\/p>\n<p>ASSURANCE.<\/p>\n<p>See POLICY.<\/p>\n<p>Exemptions<\/p>\n<p>(1)<\/p>\n<p>Draft or order drawn by any banker in the State on any other banker in the State, not payable to bearer or to order, and used solely for the purpose of settling or clearing any account between such bankers.<\/p>\n<p>(2)<\/p>\n<p>Letter written by a banker in the State to any other banker in the State, directing the payment of any sum of money, the same not being payable to bearer or to order, and such letter not being sent or delivered to the person to whom payment is to be made or to any person on such person&#8217;s behalf.<\/p>\n<p>(3)<\/p>\n<p>Draft or order drawn by the Accountant of the Courts of Justice.<\/p>\n<p>(4)<\/p>\n<p>Coupon or warrant for interest attached to and issued with any security, or with an agreement or memorandum for the renewal or extension of time for payment of a security.<\/p>\n<p>(5)<\/p>\n<p>Coupon for interest on a marketable security being one of a set of coupons whether issued with the security or subsequently issued in a sheet.<\/p>\n<p>(6)<\/p>\n<p>Direct debits and standing orders.<\/p>\n<p>(7)<\/p>\n<p>Bill drawn on or on behalf of the Minister for Finance by which payment in respect of prize bonds is effected.<\/p>\n<p>BILL OF SALE.<\/p>\n<p>Absolute.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>BOND in relation to any annuity on the original creation and sale of that annuity.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>CONTRACT.<\/p>\n<p>See AGREEMENT.<\/p>\n<p>CONVEYANCE or TRANSFER on sale of any stocks or marketable securities<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>1 per cent of the consideration but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall, if less than \u20ac1, be rounded up to \u20ac1 and, if more than \u20ac1, be rounded down to the nearest \u20ac.<\/p>\n<p>Exemption.<\/p>\n<p>(1)<\/p>\n<p>Where the amount or value of the consideration for the sale which is attributable to stocks or marketable securities does not exceed \u20ac1,000 and the instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to stocks or marketable securities exceeds \u20ac1,000:<\/p>\n<p>Exempt.<\/p>\n<p>for the consideration which is attributable to stocks or marketable securities<\/p>\n<p>(2)<\/p>\n<p>Where paragraph (1) does not apply:<\/p>\n<p>1 per cent of the consideration but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall if more than \u20ac1, be rounded down to the nearest \u20ac.<\/p>\n<p>for the consideration which is attributable to stocks or marketable securities<\/p>\n<p>CONVEYANCE or TRANSFER on sale of a policy of insurance or a policy of life insurance where the risk to which the policy relates is located in the State<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>0.1 per cent of the consideration but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance.<\/p>\n<p>(1)<\/p>\n<p>Where the amount or value of the consideration for the sale is wholly or partly attributable to residential property and the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the sale concerned which is wholly or partly attributable to residential property) would have been wholly or partly attributable to residential property:<\/p>\n<p>(a)for the consideration which is attributable to-<\/p>\n<p>(i)residential property which is not a relevant residential unit, within the meaning of section 31E, or<\/p>\n<p>(ii)residential property which is a relevant residential unit, within the meaning of section 31E, to which subsection (17) of that section applies.<\/p>\n<p>1 per cent of the first \u20ac1,000,000 of the consideration and 2 per cent of the balance of the consideration thereafter, but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(b)for the consideration which is attributable to a relevant residential unit, within the meaning of section 31E, other than a relevant residential unit to which subsection (17) of that section applies.<\/p>\n<p>10 per cent of the consideration, but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(2)<\/p>\n<p>Where paragraph (1) does not apply and the amount or value of the consideration for the sale is wholly or partly attributable to residential property and<\/p>\n<p>the transaction effected by that instrument forms part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to residential property is an amount equal to Y<\/p>\n<p>where-<\/p>\n<p>Y is the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property:<\/p>\n<p>for the consideration which is attributable to residential property<\/p>\n<p>&#8230;&#8230;&#8230;<\/p>\n<p>Stamp duty of an amount determined by the formula-<\/p>\n<p>A x B<\/p>\n<p>C<\/p>\n<p>where-<\/p>\n<p>A<\/p>\n<p>is the amount of stamp duty that would have been chargeable under paragraph (1) on the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property had paragraph 1 applied to such consideration,<\/p>\n<p>B<\/p>\n<p>is the amount or value of the consideration for the sale concerned which is attributable to residential property, and<\/p>\n<p>C<\/p>\n<p>is the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property,<\/p>\n<p>but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(4)<\/p>\n<p>Where the amount or value of the consideration for the sale is wholly or partly attributable to property which is not residential<\/p>\n<p>7.5 per cent of the consideration which is attributable to property which is not residential property but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>property<\/p>\n<p>(5)<\/p>\n<p>Where paragraph (4) applies in the case of a conveyance or transfer on sale or in the case of a conveyance or transfer operating as a voluntary disposition inter vivos of property that is land &#8211;<\/p>\n<p>(a)<\/p>\n<p>the instrument is executed &#8211;<\/p>\n<p>(i)on or after 1 January 2015 and before 1 January 2016, or<\/p>\n<p>(ii)on or after 1 January 2016 and before 1 January 2029,<\/p>\n<p>(aa)<\/p>\n<p>the individual to whom the property is being conveyed or transferred is an individual &#8211;<\/p>\n<p>(i)who, from the date of conveyance or transfer and for a period of not less than 6 years thereafter &#8211;<\/p>\n<p>(I)farms the land, or<\/p>\n<p>(II)leases it for a period of not less than 6 years to an individual who farms the land,<\/p>\n<p>and<\/p>\n<p>(ii)who, in a case where subclause (I) applies &#8211;<\/p>\n<p>(I)is the holder of or, within a period of 4 years from the date of transfer or conveyance, will be the holder of, a qualification set out in Schedule 2 or 2A to the Act or a trained farmer qualification (within the meaning given by section 654A of the Taxes Consolidation Act 1997), or<\/p>\n<p>(II)spends not less than 50 per cent of that individual&#8217;s normal working time farming land (including the land conveyed or transferred),<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>(ab)<\/p>\n<p>in a case where subparagraph (aa)(i)(II) applies, the individual to whom the land is leased &#8211;<\/p>\n<p>(i)is the holder of or, within a period of 4 years from the date of transfer or conveyance, will be the holder of, a qualification set out in Schedule 2 or 2A to the Act or a trained farmer qualification (within the meaning given by section 654A of the Taxes Consolidation Act 1997), or<\/p>\n<p>(ii)spends not less than 50 per cent of that individual&#8217;s normal working time farming land (including the land conveyed or transferred),<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>(ac)<\/p>\n<p>the land is farmed on a commercial basis and with a view to the realisation of profits from that land, and<\/p>\n<p>&nbsp;<\/p>\n<p>(b)<\/p>\n<p>the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest in the property, each of them) is related to the person or each of the persons immediately theretofore entitled to the entire beneficial interest in the property in one or other of the following ways, that is, as a lineal descendant, parent, grandparent, step-parent, husband or wife, brother or sister of a parent or brother or sister, or lineal descendant of a parent, husband or wife or brother or sister, or is, as respects the person or each of the persons immediately theretofore entitled, his or her civil partner, the civil partner of either of his or her parents or a lineal descendant of his or her civil partner<\/p>\n<p>&nbsp;<\/p>\n<p>1 per cent of the consideration which is attributable to property which is not residential property but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(5A)<\/p>\n<p>Where any of the conditions in paragraph (5) are not complied with, at the time of the conveyance or transfer or subsequently, paragraph (5) shall not apply, any additional duty shall be chargeable by reference to the rate of duty in paragraph (4) and the provisions of this Act, in relation to the delivering of returns, the charging of interest and (where appropriate) the incurring of a penalty shall apply from the date on which compliance with any such condition ceases.<\/p>\n<p>COUNTERPART.<\/p>\n<p>See DUPLICATE.<\/p>\n<p>COVENANT in relation to any annuity on the original creation and sale of that annuity.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>DUPLICATE or COUNTERPART of any instrument chargeable with any duty.<\/p>\n<p>Where such duty does not amount to \u20ac12.50<\/p>\n<p>&#8230;<\/p>\n<p>The same duty as the original instrument.<\/p>\n<p>In any other case<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>\u20ac12.50.<\/p>\n<p>EXCHANGE &#8211; instruments effecting.<\/p>\n<p>In the case specified in section 37, see that section.<\/p>\n<p>LEASE.<\/p>\n<p>(1)<\/p>\n<p>For any indefinite term or any term not exceeding 35 years of any dwellinghouse, part of a dwellinghouse, or apartment at a rent not<\/p>\n<p>exceeding \u20ac50,000 per annum<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Exempt.<\/p>\n<p>(2)<\/p>\n<p>For any definite term less than a year of any<\/p>\n<p>lands, tenements or heritable subjects<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>The same duty as a lease for a year at the rent reserved for the definite term.<\/p>\n<p>(3)<\/p>\n<p>For any other definite term or for any indefinite term of any lands, tenements, or heritable subjects &#8211;<\/p>\n<p>(a)<\/p>\n<p>&nbsp;<\/p>\n<p>where the consideration, or any part of the consideration (other than rent), moving either to the lessor or to any other person, consists of any money, stock or security, and<\/p>\n<p>(i)<\/p>\n<p>&nbsp;<\/p>\n<p>the amount or value of such consideration for the lease is wholly or partly attributable to residential property and the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the lease concerned which is wholly or partly attributable to residential property and other than rent) would have been wholly or partly attributable to residential property:<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>(I)for the consideration which is attributable to-<\/p>\n<p>(A)residential property which is not a relevant residential unit, within the meaning of section 31E, or<\/p>\n<p>(B)residential property which is a relevant residential unit, within the meaning of section 31E, in respect of instruments to which subsection (17) of that section applies;<\/p>\n<p>1 per cent of the first \u20ac1,000,000 of the consideration and 2 per cent of the balance of the consideration thereafter, but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(II)for the consideration which is attributable to a relevant residential unit, within the meaning of section 31E, in respect of instruments other than a relevant residential unit to which subsection (17) of that section applies.<\/p>\n<p>10 per cent of the consideration, but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(ii)<\/p>\n<p>the amount or value of such consideration for the lease is wholly or partly attributable to residential property and<\/p>\n<p>the transaction effected by that instrument forms part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to residential property is an amount equal to Y<\/p>\n<p>where-<\/p>\n<p>Y is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property,<\/p>\n<p>and clause (i) does not apply:<\/p>\n<p>for the consideration which is attributable to residential property&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>Stamp duty of an amount determined by the formula-<\/p>\n<p>A x B<br \/>\nC<\/p>\n<p>where-<\/p>\n<p>A<\/p>\n<p>is the amount of stamp duty that would have been chargeable under clause (i) on the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property had clause (i) applied to such consideration,<\/p>\n<p>B<\/p>\n<p>is the amount or value of the consideration (other than rent) for the lease concerned which is attributable to residential property, and<\/p>\n<p>C<\/p>\n<p>&nbsp;<\/p>\n<p>is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property,<\/p>\n<p>but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(b)<\/p>\n<p>&nbsp;<\/p>\n<p>where the consideration, or any part of the consideration (other than rent), moving either to the lessor or to any other person, consists of any money, stock or security, and the amount or value of such consideration is wholly or partly attributable to property which is &#8211;<\/p>\n<p>7.5 per cent of the consideration which is attributable to property which is not residential property but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>not residential property<\/p>\n<p>(c)<\/p>\n<p>where the consideration or any part of the consideration is any rent, in respect of such consideration, whether reserved as a yearly rent or otherwise:<\/p>\n<p>(i)<\/p>\n<p>if the term does not exceed 35 years<\/p>\n<p>or is indefinite<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&nbsp;<\/p>\n<p>1 per cent of the average annual rent but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(ii)<\/p>\n<p>if the term exceeds 35 years but does not<\/p>\n<p>exceed 100 years<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>6 per cent of the average annual rent but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(iii)<\/p>\n<p>if the term exceeds 100 years<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>12 per cent of the average annual rent but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall be rounded down to the nearest \u20ac.<\/p>\n<p>(4)<\/p>\n<p>Lease made subsequently to, and in conformity with, an agreement duly stamped under<\/p>\n<p>the provisions of section 50 or 50A<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>\u20ac12.50.<\/p>\n<p>(5)<\/p>\n<p>Of any other kind not already described under this heading which relates to immovable property situated in the State or to any right over<\/p>\n<p>&nbsp;<\/p>\n<p>or interest in such property<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>\u20ac12.50.<\/p>\n<p>PARTITION or DIVISION &#8211; instruments effecting.<\/p>\n<p>In the case specified in section 38, see that section.<\/p>\n<p>RELEASE or RENUNCIATION of any property, or of any right or interest in any property.<\/p>\n<p>On a sale.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>A duty of an amount equal to 3 times the amount of the ad valorem stamp duty which would be chargeable on a deed transferring the share or shares or stock specified in the warrant or certificate or instrument having a like effect as such a warrant or certificate if the consideration for the transfer were the nominal value of such share or shares or stock.<\/p>\n<p>SURRENDER of any property, or of any right or interest in any property.<\/p>\n<p>On a sale.<\/p>\n<p>See CONVEYANCE or TRANSFER on sale.<\/p>\n<p>TRANSFER.<\/p>\n<p>See CONVEYANCE or TRANSFER.<\/p>\n<p>Schedule 2<\/p>\n<h4>Qualifications for Applying for Relief from Stamp Duty in Respect of Transfers to Young Trained Farmers<\/h4>\n<p>Section 81.<\/p>\n<p>1.Qualifications awarded by Teagasc:<\/p>\n<p>(a)Certificate in Farming;<\/p>\n<p>(b)Diploma in Commercial Horticulture;<\/p>\n<p>(c)Diploma in Amenity Horticulture;<\/p>\n<p>(d)Diploma in Pig Production;<\/p>\n<p>(e)Diploma in Poultry Production.<\/p>\n<p>2.Qualifications awarded by the Farm Apprenticeship Board:<\/p>\n<p>(a)Certificate in Farm Management;<\/p>\n<p>(b)Certificate in Farm Husbandry;<\/p>\n<p>(c)Trainee Farmer Certificate.<\/p>\n<p>3.Qualifications awarded by a third-level institution:<\/p>\n<p>(a)Degree in Agricultural Science awarded by the National University of Ireland through University College Dublin, National University of Ireland, Dublin;<\/p>\n<p>(b)Degree in Horticultural Science awarded by the National University of Ireland through University College Dublin, National University of Ireland, Dublin;<\/p>\n<p>(c)Degree in Veterinary Science awarded by the National University of Ireland through University College Dublin, National University of Ireland, Dublin;<\/p>\n<p>(d)Degree in Rural Science awarded by the National University of Ireland through University College Cork &#8211; National University of Ireland, Cork or by the University of Limerick;<\/p>\n<p>(e)Diploma in Rural Science awarded by the National University of Ireland through University College Cork &#8211; National University of Ireland, Cork;<\/p>\n<p>(f)Degree in Dairy Science awarded by the National University of Ireland through University College Cork &#8211; National University of Ireland, Cork;<\/p>\n<p>(g)Diploma in Dairy Science awarded by the National University of Ireland through University College Cork &#8211; National University of Ireland, Cork.<\/p>\n<p>4.Certificates awarded by the National Council for Educational Awards:<\/p>\n<p>(a)National Certificate in Agriculture Science studied through Kildalton Agricultural College and Waterford Institute of Technology;<\/p>\n<p>(b)National Certificate in Business Studies (Agri-business) studied through the Franciscan Brothers Agricultural College, Mountbellew, and Galway-Mayo Institute of Technology.<\/p>\n<p>Schedule 2A Qualifications for Applying for Relief From Stamp Duty in Respect of Transfers to Young Trained Farmers<br \/>\nSection 81A.<\/p>\n<p>1.Qualifications awarded by the Further Education and Training Awards Council:<\/p>\n<p>(a)Vocational Certificate in Agriculture Level 3;<\/p>\n<p>(b)Advanced Certificate in Agriculture;<\/p>\n<p>(c)Vocational Certificate in Horticulture Level 3;<\/p>\n<p>(d)Vocational Certificate in Horse Breeding and Training Level 3;<\/p>\n<p>(e)Vocational Certificate in Forestry Level 3;<\/p>\n<p>(f)Awards other than those referred to in subparagraphs (a) to (e) of this paragraph which are at a standard equivalent to the standard of an award under subparagraph (a) of this paragraph.<\/p>\n<p>2.Qualifications awarded by the Higher Education and Training Awards Council:<\/p>\n<p>(a)National Certificate in Agriculture;<\/p>\n<p>(b)National Diploma in Agriculture;<\/p>\n<p>(c)National Certificate in Science in Agricultural Science;<\/p>\n<p>(d)National Certificate in Business Studies in Agri-Business;<\/p>\n<p>(e)National Certificate in Technology in Agricultural Mechanisation;<\/p>\n<p>(f)National Diploma in Horticulture;<\/p>\n<p>(g)National Certificate in Business Studies in Equine Studies;<\/p>\n<p>(h)National Certificate or Diploma awards other than those referred to in subparagraphs (a) to (g) of this paragraph.<\/p>\n<p>3.Qualifications awarded by other third-level institutions:<\/p>\n<p>(a)Primary degrees awarded by the faculties of General Agriculture and Veterinary Medicine at University College Dublin;<\/p>\n<p>(b)Bachelor of Science (Education) in Biological Sciences awarded by the University of Limerick;<\/p>\n<p>(c)Bachelor of Science in Equine Science awarded by the University of Limerick;<\/p>\n<p>(d)Diploma or Certificate in Science (Equine Science) awarded by the University of Limerick.<\/p>\n<p>Schedule 2B Qualifications for Applying for Relief from Stamp Duty in Respect of Transfers to Young Trained Farmers<br \/>\nDeleted from 1 January 2023<br \/>\nSection 81AA.<\/p>\n<p>1.Qualifications awarded by the Qualifications and Quality Assurance Authority of Ireland:<\/p>\n<p>(a)Level 6 Advanced Certificate in Farming;<\/p>\n<p>(b)Level 6 Advanced Certificate in Agriculture;<\/p>\n<p>(c)Level 6 Advanced Certificate in Dairy Herd Management;<\/p>\n<p>(d)Level 6 Advanced Certificate in Drystock Management;<\/p>\n<p>(e)Level 6 Advanced Certificate in Agricultural Mechanisation;<\/p>\n<p>(f)Level 6 Advanced Certificate in Farm Management;<\/p>\n<p>(g)Level 6 Advanced Certificate in Machinery and Crop Management;<\/p>\n<p>(h)Level 6 Advanced Certificate in Horticulture;<\/p>\n<p>(i)Level 6 Advanced Certificate in Forestry;<\/p>\n<p>(j)Level 6 Advanced Certificate in Stud Management;<\/p>\n<p>(k)Level 6 Advanced Certificate in Horsemanship;<\/p>\n<p>&nbsp;<\/p>\n<p>(l)Level 6 Specific Purpose Certificate in Farm Administration.<\/p>\n<p>2.Qualifications awarded by the Qualifications and Quality Assurance Authority of Ireland:<\/p>\n<p>(a)Higher Certificate in Agriculture;<\/p>\n<p>(b)Bachelor of Science in Agriculture;<\/p>\n<p>(c)Higher Certificate in Agricultural Science;<\/p>\n<p>(d)Bachelor of Science in Agricultural Science;<\/p>\n<p>(e)Bachelor of Science (Honours) in Land Management, Agriculture;<\/p>\n<p>(f)Bachelor of Science (Honours) in Land Management, Horticulture;<\/p>\n<p>(g)Bachelor of Science (Honours) in Land Management, Forestry;<\/p>\n<p>(h)Higher Certificate in Engineering in Agricultural Mechanisation;<\/p>\n<p>(i)Bachelor of Business in Rural Enterprise and Agri-Business;<\/p>\n<p>(j)Bachelor of Science in Agriculture and Environmental Management;<\/p>\n<p>(k)Bachelor of Science in Horticulture;<\/p>\n<p>(l)Bachelor of Arts (Honours) in Horticultural Management;<\/p>\n<p>(m)Bachelor of Science in Forestry;<\/p>\n<p>(n)Higher Certificate in Business in Equine Studies;<\/p>\n<p>(o)Bachelor of Business in Equine Studies;<\/p>\n<p>(p)Higher Certificate in Science Applied Agriculture;<\/p>\n<p>(q)Bachelor of Science (Honours) in Sustainable Agriculture.<\/p>\n<p>3.Qualifications awarded by other third-level institutions:<\/p>\n<p>(a)Bachelor of Agricultural Science &#8211; Animal Crop Production awarded by University College Dublin;<\/p>\n<p>(aa)Bachelor of Agricultural Science &#8211; Agri-Environmental Science awarded by University College Dublin;<\/p>\n<p>(b)Bachelor of Agricultural Science &#8211; Animal Science awarded by University College Dublin;<\/p>\n<p>(ba)Bachelor of Agricultural Science &#8211; Animal Science Equine awarded by University College Dublin;<\/p>\n<p>(bb)Bachelor of Agricultural Science &#8211; Dairy Business awarded by University College Dublin;<\/p>\n<p>(c)Bachelor of Agricultural Science &#8211; Food and Agribusiness Management awarded by University College Dublin;<\/p>\n<p>(d)Bachelor of Agricultural Science &#8211; Forestry awarded by University College Dublin;<\/p>\n<p>(e)Bachelor of Agricultural Science &#8211; Horticulture, Landscape and Sportsturf Management awarded by University College Dublin;<\/p>\n<p>(f)Bachelor of Veterinary Medicine awarded by University College Dublin;<\/p>\n<p>(g)Bachelor of Science in Equine Science awarded by the University of Limerick;<\/p>\n<p>(h)Diploma in Equine Science awarded by the University of Limerick,<\/p>\n<p>(i)Bachelor of Science (Honours) in Agriculture awarded by the Dundalk Institute of Technology.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-21298\" data-postid=\"21298\" class=\"themify_builder_content themify_builder_content-21298 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Linked Transactions Traditionally it was necessary to incorporate a certificate in a deed, in order \u00a0to certify that the transaction was below a certain value in order to obtain the benefit of lower stamp duty rates.\u00a0 Where a transaction together with other transactions together form the series, the rate of duty that applies, depends of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[36],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21298"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21298"}],"version-history":[{"count":31,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21298\/revisions"}],"predecessor-version":[{"id":34616,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21298\/revisions\/34616"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21298"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21298"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21298"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}