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Paying the Duty

  1. Overview
  2. Details needed to file a return
  3. How do you pay Stamp Duty?
  4. Expression of doubt
  5. Stamp Certificates
  6. What happens if you file and pay late?
  7. Do you need to keep records?
  8. Appeals

Overview

Instruments that are chargeable

You must file a Stamp Duty return in order to pay Stamp Duty. You pay the Stamp Duty as part of the process of filing the return.

You need to file a Stamp Duty return to claim certain exemptions or reliefs from Stamp Duty. For more information, see Stamp Duty exemptions and reliefs.

Stamp Duty is chargeable on instruments that transfer property to you as a gift. For information on instruments that are chargeable, see When is an instrument liable to Stamp Duty?.

Instruments that are not chargeable

You do not file a return for an instrument that is not chargeable to Stamp Duty. Stamp Duty is not chargeable on instruments that transfer property:

  • from a trustee or nominee to the beneficiary
  • from the beneficial owner to a trustee or nominee of the same beneficial owner
  • or
  • from one trustee or nominee to another trustee or nominee where there is no change in the beneficial owner.

Stamp Duty is not chargeable on instruments that transfer property to you under a will or on intestacy.

Rectifying mistake(s) found in instrument(s)

After the instrument has been executed, you may find a mistake in it. For example, there may be a mapping error or a typing error.  The instrument may not correctly describe the property the parties had agreed to transfer.

Another instrument, usually called a Deed of Rectification, may be executed to correct the mistake. You should contact the Property Registration Authority if you require a Deed of Rectification.

Stamp Duty is not chargeable on Deeds of Rectification that only correct mistakes made in the original instrument. However, in certain circumstances, a Deed of Rectification will give rise to a Stamp Duty charge. For example, Stamp Duty is chargeable if the Deed of Rectification increases the consideration payable under the original instrument. In this case Stamp Duty is chargeable on the increase. 

It may happen that an instrument is called a Deed of Rectification but it is actually an instrument that transfers property. If that is the case, Stamp Duty is chargeable.

  • Example

    John agreed to sell land to Mary for €100,000 in 2000. They signed a contract for sale on 4 June 2000. Mary paid over the €100,000 to John. However, no instrument transferring the land was executed. Mary commenced farming the land.

    In October 2018, Mary realised that the land had never been transferred to her. An instrument was executed to transfer the land to her. The instrument is called a Deed of Rectification of Legal Title.

    Mary believes that this deed is not liable to Stamp Duty.  She is the beneficial owner of the land.  The sole purpose of the deed was to allow her legal ownership of the land to be registered in the Land Registry.  The deed is liable to Stamp Duty because it operates to transfer property on the sale of that property. It does not matter that the sale took place 18 years earlier. 

Next: Details needed to file a return

Published: 30 December 2022 Print this page

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