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April 26, 2017

Stamp Duties

stamp duty

[space size=10] Charge to tax

Stamp duty is charged on deeds, for example, a transfer, lease or mortgage (s 2).

Stamp duty is also charged, in the form of a levy, on insurance premiums (s 125), credit cards (s 114), and bank cards (s 123).

[space size=10] Rates of tax (deeds)


A transfer of land or buildings is charged:

(a) non-residential property, at 2%,

(b) residential property, at

(i) 1% on the first €1,000,000 of consideration, and at

(ii) 2% on the remainder.

A transfer for less than full value (for example, a gift) is charged on the market value (s 30).


Stamp duty is charged on both the rent and the premium.

Premium: Stamp duty is charged at the same rate as a transfer.

Rent: If the lease is for a term which is indefinite, or for less than 35 years, the rate is 1% of the average annual rent. But if the lease relates to a house or apartment, and the annual rent is less than €30,000, the lease is exempt.

If the lease is for a term between 35 and 100 years, the rate is 6% of the average annual rent.

If the lease is for a term exceeding 100 years, the rate is 12% of the average annual rent (Schedule 1).

Transfers of marketable shares or securities

Stamp duty is charged at 1% of the price paid for the shares. This rate also applies to electronic share trading transactions within the CREST system (Schedule 1).

A transfer for less than full value (for example, a gift of shares) is charged at market value (s 30).

Fixed duty

Fixed duty is charged (Schedule 1) at €12.50 on the following documents:

Appointment of new trustee

Collateral security

Declaration of trust

Duplicate or counterpart

Transfer where no beneficial interest passes

It is charged at €0.50 on cheques.

[space size=10] Exemptions

The following transactions are exempt:

(a)  A transfer from one spouse to the other (s 96). The exemption also applies to a transfer made under separation, divorce or nullity proceedings.

(b) A transfer from one company to another within a 90% corporate group (s 79).

(c) A transfer of farm land to a young trained farmer (before 31 December 2015) (s 81).

(d) A transfer from one company to another as part of a corporate reconstruction or amalgamation (s 80).

(e) A transfer of land to a charity (s 82).

(f) A transfer of woodlands; duty is not charged on the value of the trees growing on the land (s 95).

(g) A  transfer of government stocks, aircraft and ships, wills, sheriff warrants, and State-owned property (Schedule 1).

[space size=10] Particulars delivered

A deed must be stamped with a “particulars delivered” (PD) stamp if it involves:

(a) a transfer of a fee simple,

(b) the grant of a lease for a term exceeding 30 years,

(c) assignment of a lease where the unexpired term exceeds 30 years.

The exceptions to this rule are:

(a) the creation of a joint tenancy between spouses, and

(b) conveyances and leases of houses to or by a housing authority.

[space size=10] Self assessment

The person liable to pay the stamp duty is the accountable person. This means the person to whom the property is transferred, leased, or mortgaged (s 1).

[space size=10] Revenue powers


The Revenue Commissioners are responsible for the administration of stamp duties (s 137).



A deed must be stamped within 30 days of its execution.


Interest is charged at 0.0219% for each day the duty is unpaid.


An understatement in the value of property gives rise to a surcharge (s 15) of:

(a) 25%, if the undercharge was 15% – 30%,

(b) 50%, if the undercharge was 30% – 50%, and

(c) 100%, if the undercharge was greater than 50%.


Failure to pay stamp duty on time gives rise to a penalty (s 14) of €30 plus:

(a) 10% of unpaid duty if less than six months late,

(b) 20% of unpaid duty if over six months but less than 12 months late,

(c) 30% of unpaid duty if over 12 months late.

See INCOME TAX (Penalties) as regards enforcement of penalties.

[space size=10] Appeals

A person aggrieved by:

(a) a Revenue decision as to the value of land or buildings, may appeal to the Land Values Reference Committee,

(b) an assessment, you may appeal to the Appeal Commissioners (s 21).


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