Revenue eBrief No. 135/23

01 June 2023

Stamp Duty Tax and Duty Manuals (TDMs) - 'Section 83DB Repayment of stamp duty in respect of certain residential units' - new manual

A new Stamp Duty Manual has been published which contains guidance on the operation of section 83DB of the Stamp Duties Consolidation Act (SDCA) 1999.

Section 68 of the Finance Act 2022 provided for a new section 83DB which was commenced by S.I. No. 240 of 2023 on 1 June 2023.

Section 83DB provides for a partial repayment of stamp duty where a residential property is

• let to a housing authority or an approved housing body for social housing purposes, or
• designated as a cost rental dwelling under the Affordable Housing Act 2021, or
• registered as a designated centre under the Health Act 2007, which provides care in the community for those with special needs, or
• registered as children’s residential centre under the Child Care Act 1991, which provides homes for children in care.

A repayment under Section 83DB will apply to the difference between the amount of stamp duty paid at the higher rate (10% as provided for under Section 31E SDCA 1999) and the amount of duty that would have been payable had the standard rate (1% or 2%) applied.

Section 83DB not only provides for two new partial-repayment schemes but amalgamates the new schemes with two pre-existing partial-repayment schemes that have until now been provided for in sections 83E (social housing leases) and section 83F (cost rental dwellings) SDCA 1999. Section 68 of Finance Act 2022 repealed both of these sections.

The TDMs for sections 31E, 83E and 83F have also been updated to reflect these changes.  The TDM for section 31E has also been updated in section 2.1 "Apartments".