Current rates of Stamp Duty

Leases (including agreements for a lease)

You do not pay Stamp Duty on a lease for a residential house or apartment if:

  • the rent is €40,000* or less per year
  • and
  • the period of the lease is 35 years or less, or is for an indefinite period.

Note

If you executed the lease before 25 December 2017 the figure for rent is €30,000.

For other leases, you pay Stamp Duty on the average annual rent and any premium.

You also pay Stamp Duty on any produce or other goods included in the cost of the lease.

The rate of Stamp Duty you pay on the premium depends on the type of property covered by the lease. The current Stamp Duty rates are set out below.

Stamp Duty on lease premium

Type of property

Consideration

Rate of Stamp Duty

Residential

First €1 million

1%

Residential

Excess over €1 million

2%

Non-residential

-

7.5%

If you have a part-residential, part non-residential property, apportion the consideration between the property parts.

You should:

  • apportion on a just and reasonable basis
  • and
  • keep a record of how you reached the decision to apportion the consideration.

The rate of Stamp Duty you pay on the average annual rent depends on the period of the lease. The current Stamp Duty rates are set out below.

Stamp Duty rate on average annual rent

Period of the lease

Rate of Stamp Duty on average annual rent

Not exceeding 35 years or indefinite

1%

Exceeding 35 years but not exceeding 100 years

6%

More than 100 years

12%

If an existing lease for residential property is assigned to you, you pay Stamp Duty at:

  • 1% on the first €1 million
  • and
  • 2% on the excess over €1 million.

You pay Stamp Duty at the same rate as applies to transfers of non-residential property if an existing lease for non-residential property is assigned to you.

You pay a fixed Stamp Duty of €12.50 for each of the following:

  • a lease made at a later date for an agreement already stamped
  • any other lease relating to Irish land and buildings, or a right or interest in Irish land and buildings
  • a rent review clause (you also pay Stamp Duty on the lease containing the rent review clause).

Note

Budget 2020 provides for transitional arrangements.

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