Revenue eBrief No. 041/22

23 February 2022

Stamp duty manual - Section 83D: Residential development refund scheme - updated

Section 83D of the Stamp Duties Consolidation Act (SDCA) 1999 provides for a refund of the difference between the stamp duty at the rate of 2%, which applied prior to 11 October 2017, and subsequent increased rates (the current rate of stamp duty is now 7.5%), where non-residential land is acquired and subsequently developed for residential purposes.

A new Part 2 has been inserted in Tax and Duty Manual Section 83D - Residential Development Refund Scheme which confirms that where the non-residential rate of stamp duty has been paid under section 31C SDCA 1999 on the indirect acquisition of non-residential land by the takeover of a corporate entity which owns such land, any subsequent residential development will be eligible for a refund under section 83D provided all the conditions for the refund scheme are met.