AITI Chartered Tax Adviser

What are the exemptions from stamp duty?

Transfer within a 90% corporate group
A company can transfer property free of stamp duty to:
(a) its 90% subsidiary, or
(b) another company which, is a 90% fellow subsidiary of a third company.
Transfer made as part of a bona fide corporate amalgamation or reconstruction
A company can transfer an undertaking free of stamp duty to a new company provided the shareholdings in the transferee company mirror the shareholdings in the transferor company. An undertaking means all of the tangible and intangible “business” assets of the company. It does not include a stand-alone share portfolio. The transferor must acquire not less than 90% of the transferee’s issued share capital, and the consideration must consist of this issue of shares in the transferee to the transferor’s shareholders.
Transfer of farm to young trained farmer
Farm or farm land can be transferred to a young trained farmer free of stamp duty.
A young trained farmer is an individual aged under 35 years who has an appropriate third level farming qualification.
Transfer to a charity
A charitable body does not pay stamp duty on a transfer or lease of land made in the Republic of Ireland or Northern Ireland. The deed must be stamped with a particular stamp indicating that no duty is chargeable.
Transfer of commercial woodlands
Stamp duty is not payable on that part of the consideration for a transfer (or lease) of land which represents the value of trees growing on the lands. The transfer deed must contain a certificate to the effect that trees are growing on a substantial part of the lands.
Transfer between spouses and between ex-spouses
Stamp duty is not payable on a transfer of property from one spouse to the other, or into joint names of both spouses. A similar exemption applies to a transfer to an ex-spouse, in accordance to the other with the terms of a court order for separation or divorce.
Foreign land or buildings
Stamp duty is not payable on a transfer, lease, assignment or licence of any land or buildings located outside the Republic of Ireland. In practical terms, this means that, for example, you do not pay Irish stamp duty on a transfer of a UK apartment.
Transfer of government stocks
Stamp duty is not payable on a transfer of government stocks or funds.
Transfer of ship or aircraft
You do not pay stamp duty on an instrument transferring ownership of (or of an interest in) a ship, vessel or aircraft.