Residential Development Stamp Duty Refund Scheme

Overview

When you develop dwelling units on non-residential land, you may qualify for a refund of some of the Stamp Duty paid.

The maximum amount of refund you can claim is:

  • Eleven-fifteenths if you paid Stamp Duty at the rate of 7.5%
  • and
  • Two-thirds if you paid Stamp Duty at the rate of 6%.

Section 83D of the Stamp Duties Consolidation Act, 1999 provides for this refund scheme.

In the case of a single dwelling unit, you cannot claim a refund for curtilage which exceeds 0.4047 hectares (1 acre). The curtilage is the area around the house such as gardens, paths and driveways.

Conditions for the refund

  • You must file a Stamp Duty return and pay Stamp Duty at the non-residential rate on the transfer.

Note

For instruments(written documents) executed on or after 9 October 2019, you must have paid Stamp Duty at the non-residential rate of 7.5%

and

For instruments executed before 9 October 2019, you must have paid Stamp Duty at the non-residential rate of 6%.

  • You must have received a stamp certificate.
  • You must commence building within 30 months of the date of the transfer of the land to you.
  • You must develop the required proportion of the land for residential purposes.
  • You can make your claim after you commence building work.
  • You must make your claim electronically.

Clawback

You will have to pay back the Stamp Duty that was refunded to you if:

  • you claimed a refund, but you were not entitled to it
  • the building work is not completed within the specified period
  • you do not meet the relevant ‘75% test’ on completion.

Next: Building work