Repayment of Stamp Duty in respect of certain residential units (S83DB)
How can you claim?
You can make a claim online through Revenue Online Service (ROS) or myAccount using the eRepayments system. Instructions for making a claim in eRepayments are included as an appendix to the Section 83DB Tax and Duty Manual.
We will approve a valid claim online and will lodge the repayment to the bank account of the claimant.
If Revenue refuses your claim, we will notify you of the reasons. You have the right to appeal a refusal of your claim to the Tax Appeals Commission
A penalty applies where an incorrect claim is made. This applies where a claimant knowingly makes a false declaration or displays a reckless disregard for the truth. The penalty payable by the claimant is 125% of the Stamp Duty that should not have been refunded, plus interest. Interest is charged on that amount at a daily rate of 0.0219%. Interest is chargeable from the date the repayment was made to the date the penalty is paid to Revenue.
How is the repayment calculated?
The amount of Stamp Duty repayable will be the difference between:
- the amount of Stamp Duty paid at 10%
- and
- the amount of Stamp Duty that would have been payable had the standard rate (1% or 2%) applied.
Where there are multiple accountable persons, you should decide which accountable person makes the claim and receives the repayment. A consent form signed by all accountable persons should accompany your claim.
If Revenue refuses your claim, we will notify you of the reasons. You have the right to appeal a refusal of your claim to the Tax Appeals Commission.
Clawbacks
Section 83DB contains a clawback provision which will be triggered where:
- Social housing leases – a qualifying lease is terminated within ten years following its execution.
- Designated centres – a designated centre has not been registered as such for a continuous ten year period after the qualifying date.
- Children’s residential centres – a children’s residential centre has not been registered as such for a continuous ten year period after the qualifying date.
Next: When can you claim?