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: How can you claim?