Stamp Duty Consolidation Act, 1999 (Number 31 of 1999)
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83A Transfer of site to child
(1) In this section—
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“site”, in relation to an instrument of conveyance, transfer or lease, includes any interest in land but does not include the site of a building which at the date of that instrument—
(a) was used or was suitable for use as a dwelling or for another or other purposes, or
(b) was in the course of being constructed or adapted for use as a dwelling or for another or other purposes.
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“site”, in relation to an instrument of conveyance, transfer or lease, means land comprising both—
(a) the area of land on which a dwelling house, referred to in subsection (3)(c), is to be constructed, and
(b) an area of land for occupation and enjoyment with that dwelling house as its gardens or grounds which, exclusive of the area referred to in paragraph (a), does not exceed 0.4047 hectare,
but does not include an area of land on which a building is situated which building at the date of execution of that instrument—
(i) was used or was suitable for use as a dwelling or for other purposes, or
(ii) was in the course of being constructed or adapted for use as a dwelling or for other purposes.
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(2) Stamp duty shall not be chargeable on any conveyance, transfer or lease of a site to which this section applies.
(3) This section applies to any instrument which operates as a conveyance, transfer or lease of a site and which contains a statement, in such form as the Commissioners may specify, certifying—
(a) that the person becoming entitled to the entire beneficial interest in the site is a child of the person or of each of the persons immediately theretofore entitled to the entire beneficial interest in the site,
(b) that at the date of the instrument the value of that site does not exceed [2]>£200,000<[2][4]>[2]>€254,000<[2]<[4][4]>€500,000<[4] and that the transaction thereby effected does not form part of a larger transaction or of a series of transactions whereby property with a value in excess of [2]>£200,000<[2][4]>[2]>€254,000<[2]<[4][4]>€500,000<[4] is conveyed, transferred or leased to that child,
(c) that the purpose of the conveyance, transfer or lease is to enable that child to construct a dwellinghouse on that site which will be occupied by that child as his or her only or main residence, and
(d) that the transaction thereby effected is the first and only conveyance, transfer or lease of a site for the benefit of that child from either or both of the parents of that child which contains the certificate specified in this section.
(4) Subsection (2) shall not apply to an instrument unless it has, in accordance with section 20, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
(5) The furnishing of an incorrect statement within the meaning of subsection (3) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act, 1997.
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(6) This section shall not apply to an instrument executed on or after 8 December 2010.
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Inserted by FA01 s206(1). Applies and has effect in relation to instruments executed on or after 6 December 2000 subject to the substitution in subsection (3)(b) of "€254,000" for "£200,000", in each place where it occurs, for instruments executed on or after 1 January 2002.
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Substituted by FA01 s206(2). Applies and has effect in relation to instruments executed on or after 6 December 2000 subject to the substitution in subsection (3)(b) of "€254,000" for "£200,000", in each place where it occurs, for instruments executed on or after 1 January 2002.
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Substituted by FA07 s106(1). This section applies as respects instruments executed on or after 1 February 2007.
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Substituted by FA08 s117(1). Applies as respects instruments executed on or after 5 December 2007.
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Inserted by FA11 s63(1)(b). Shall not apply as respects any instrument executed before 1 July 2011 where— (a) the effect of the application of that subsection would be to increase the duty otherwise chargeable on the instrument, and (b) the instrument contains a statement, in such form as the Revenue Commissioners may specify, certifying that the instrument was executed solely in pursuance of a binding contract entered into before 8 December 2010.