Working out your Stamp Duty
Stamp Duty exemptions and reliefs
Some instruments (written documents) are exempt from Stamp Duty or benefit from a relief.
You can read details of all exemptions and reliefs and see some worked examples in:
- Part 7 of the Stamp Duty Tax and Duty Manual
- Schedule 1 of the Stamp Duty Tax and Duty Manual
- Stamp Duty Notes for Guidance.
In most cases, you claim the exemption or relief when you file your Stamp Duty return.
You must meet the terms of the exemption or relief when you execute (sign, seal or both) the instrument. However, there is an exception to this. You can meet the educational qualification for Section 81AA - Transfers of land to young trained farmers within four years of when you execute the instrument.
Also, some exemptions or reliefs require you to adhere to certain qualifying criteria for a number of years. If you do not abide by these, you will have to pay:
- Stamp Duty
- any interest due
for the exemption or relief claimed. Usually, to pay the amount due, you deliver a clawback notice on Revenue Online Service (ROS).
However, for Consanguinity Relief you must instead:
- amend your Stamp Duty return on ROS to remove the relief
- pay the Stamp Duty and any interest due.
You should always make sure you check the legal wording of any exemption or relief you are claiming.
Exemptions and reliefs not requiring a Stamp Duty return
You do not need to file a Stamp Duty return to claim exemptions or reliefs on certain types of instruments.
For example, you do not need to file a return if you execute an instrument which:
- creates a joint tenancy of the family home between spouses or civil partners
- relates to certain cross border and European public limited company mergers
- transfers property to housing authorities or the Housing and Sustainable Communities Agency
- transfers certain property to and from the National Assets Management Agency (NAMA)
- is a lease for residential property (houses and apartments):
- which is for a period of 35 years or less, or an indefinite period
- where the annual rent is €40,000* or less
*Note: Before 25 December 2017, the annual rent was €30,000 or less.
- transfers shares, stocks or marketable securities if:
There may be other cases where you do not need to file a Stamp Duty return.
Next: Consanguinity Relief