4% Stamp duty rebate on development land used for residential development

A stamp duty refund scheme in respect of land purchased to develop residential property was signed into the 2017 Finance Act on 25^th December 2017.

The Act provides that where stamp duty, at the new higher rate of 6%. is paid on the acquisition of land which is subsequently used to build residential property, the purchaser will be entitled to a rebate of 4% being 2/3rds of the duty paid.

It is important to keep in mind that the refund of stamp duty is only applicable in relation to the proportion of the land used for residential development.

The Main Points of the Scheme are:

• The scheme only applies where the residential development begins within thirty months of the date the land was acquired but before 1^st January 2022.

• It only applies to the construction of dwelling units.

• It does not apply to the refurbishment or completion of existing or partially constructed units.

• The time taken to conclude any planning appeal may be added to this 30 month period.

• The development must commence on foot of a Commencement Notice served in compliance with the Building Control Regulations and must be completed within two years of the relevant Local Authority’s acknowledgement of the Commencement Notice.

• There is a four year time limit on claiming a repayment.  Please be aware that the repayment does not carry interest and must be claimed using Revenue’s e-Stamping system.

• The 4% duty refund can be claimed following the commencement of the works

• Where the residential development is being carried out in phases, repayments can be sought on a phased basis i.e. the refund can be reclaimed on the commencement of each phase but only in proportion to the area of the land in each phase.

•  75% of the land, for which the refund claim is made, must comprise of dwelling units.

• If the legislative conditions are not met or if the works have not been completed within the 2 year deadline then Clawback Provisions will apply to this refund.

Despite the fact that this scheme has been signed into legislation there are still areas of uncertainty.  It is expected that Revenue will issue guidance material to clarify matters in due course.

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.