Revenue Note for Guidance

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Revenue Note for Guidance

653Z Transfer of relevant site

Summary

This section applies where site subject to residential zoned land tax is sold or transferred.

Details

(1) A ‘sale’ for the purposes of Part 22A is where a relevant site is transferred from the liable person to another person including: -

  • (a) as a result of, or as a result of the giving of notice of intention, to exercise a compulsory purchase order,
  • (b) where a site is transferred for less than market value
  • (c) where a lease is entered into for more than 35 years, or indefinitely.

(2) Prior to the sale of a relevant site, the liable person will pay all tax and interest due under this Part in respect of the site to the Revenue Commissioners.

(3) A liable person shall, prior to the completion of the sale of a relevant site, seek to agree and pay any penalty so agreed, or pay any penalty as determined by the courts in accordance with the Taxes Consolidation Act, which is due in respect of residential zoned land tax.

(4) The Revenue Commissioners will provide the liable person, or a person acting on their behalf, with confirmation of any unpaid residential zoned land tax, interest, or penalties due in respect of a relevant site or confirmation that there are no amounts outstanding

(5) A liable person who intends selling a relevant site will file a return, or have a return filed on their behalf, before the sale is completed. The form of this return will be prescribed by the Revenue Commissioners.

(6) The information to be provided in a return required under subsection (5) may include in respect of a relevant site -

  • (a) the date of acquisition, the market value at the date of acquisition, the market value at the most recent valuation date if one has occurred since acquisition and the proposed date of sale and the proposed consideration for the site.

in respect of a liable person or the designated liable person -

  • (b) the person’s name, the person’s tax identification number (including personal public services number), the ownership interest of that person, the address for correspondence and confirmation of whether the liable person and the purchaser are connected. Where there is more than one owner this information is to be provided for all owners.

in respect of the purchaser of a relevant site -

  • (c) the person’s name, the person’s tax identification number (including personal public services number) and address for correspondence. Where there is more than one owner this information is to be provided for all owners.

(d) The site identification number issued by the Revenue Commissioners may also be required.

Relevant Date: Finance Act 2021