83DA. Repayment of stamp duty under affordable dwelling purchase arrangements

(1) In this section——

“Act of 2021” means the Affordable Housing Act 2021;

“direct sales agreement” has the same meaning as it has in Part 2 of the Act of 2021;

“electronic means” has the same meaning as it has in section 917EA of the Taxes Consolidation Act 1997;

“eligible applicant” has the same meaning as it has in Part 2 of the Act of 2021;

“housing authority” has the same meaning as it has in the Housing (Miscellaneous Provisions) Act 1992;

“relevant instrument” means an instrument that has been stamped in accordance with—

(a) paragraph (1) of the heading in Schedule 1 titled ‘‘CONVEYANCE or TRANSFER’’ on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance’’, or

(b) paragraph (3)(a) of the heading in Schedule 1 titled ‘‘LEASE’’;

“residential unit” means residential property situated in the State comprising an individual dwelling.

(2) This subsection applies where, in the 12-month period commencing on the day after the date a relevant instrument effecting the acquisition of a residential unit is executed, the following conditions are satisfied:

(a) the accountable person enters into a direct sales agreement with a housing authority for the direct sale, to eligible applicants nominated by the housing authority, of dwellings specified in the agreement, one of which dwellings is the residential unit, and

(b) the residential unit is conveyed or transferred to an eligible applicant on the sale of the residential unit by the accountable person to the eligible applicant in accordance with the terms of the agreement referred to in paragraph (a).

(3) Where subsection (2) applies in respect of a residential unit, subject to the other provisions of this section, the stamp duty paid on the relevant instrument concerned may be repaid in accordance with this section.

(4) A claim for a repayment under this section shall—

(a) be made by an accountable person,

(b) without prejudice to paragraph (d), be made in a form and manner specified by the Commissioners,

(c) include a declaration, in such form as the Commissioners specify, stating that subsection (2) applies,

(d) be made by electronic means and through such electronic systems as the Commissioners may make available for the time being for any such purpose, and the relevant provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 shall apply, and

(e) not be made until such time as the conditions in subsection (2) have been satisfied.

(5) Subject to the other provisions of this section, a repayment of stamp duty under this section shall—

(a) be made by the Commissioners pursuant to a claim made in accordance with subsection (4),

(b) not carry interest, and

(c) not be made pursuant to a claim made after the expiry of 4 years after the date the condition specified in subsection (2)(b) has been satisfied.

(6) Where, in relation to a claim for repayment, the Commissioners are of the opinion that the requirements of this section have not been met, they shall decide to refuse the claim and shall notify the claimant in writing of the decision and the reasons for it.

(7) An accountable person aggrieved by a decision to refuse a claim for repayment may appeal to the Appeal Commissioners against the decision in accordance with section 949I of the Taxes Consolidation Act 1997 within the period of 30 days after the date of the notification of the decision.

(8) For the purposes of this section—

(a) section 128A shall apply as if the period of 6 years referred to in subsection (4) of that section commenced on the date of execution of the instrument effecting the conveyance or transfer, as the case may be, referred to in subsection (2)(b), and

(b) the records referred to in section 128A shall include—

(i) a copy of the direct sales agreement concerned, and

(ii) a copy of the contract for sale, in relation to the residential unit concerned, between the accountable person and the eligible applicant.

(9) Where a repayment has been made under this section and it is subsequently found that a declaration made in accordance with subsection (4)—

(a) was untrue in any material particular that would have resulted in a repayment, or part of a repayment, allowed by this section not being made, and

(b) was made knowing same to be untrue or in reckless disregard as to whether or not it was true,

then the person who made such a declaration shall be liable to pay to the Commissioners as a penalty an amount equal to 125 per cent of the stamp duty that would not have been repaid had all the facts been truthfully declared, together with interest charged on that amount as may so become payable, calculated in accordance with section 159D, from the date on which the repayment was made to the date the penalty is paid.