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The Conveyancing Committee would like to highlight the recent e-brief from Revenue regarding the changes in stamp duty for transfers by a local authority or the Affordable Homes Partnership (AHP), 

whereby such transfers are now stampable. There has been no change regarding transfers to a local authority or the AHP – the position remains that these need not be stamped. See the details as set out in Revenue’s e-brief below:

“Revenue eBrief no 15/11
15 March 2011

Stamp duty on transfers of property by housing authorities the Affordable Home Partnership

Paragraph 3 of schedule 1 to the Stamp Duty (E-stamping of Instruments) Regulations 2009 (SI no 476 of 2009) lists instruments that do not have to be stamped using the e-stamping system. They include instruments giving effect to the conveyance, transfer or lease of a house, building or land to or by a housing authority or the Affordable Homes Partnership (AHP).

However, with effect from 1 April 2011, section 64 of the Finance Act 2011 (which amended section 106B of the Stamp Duties Consolidation Act 1999):

1. Removed the stamp duty exemption that applied on the transfer of property by a housing authority or the AHP and
2. Limited the stamp duty payable on such transfers to a maximum of €100.

As a result of these changes, paragraph 3 of the Stamp Duty (E-stamping of Instruments) Regulations 2009 (SI no 476 of 2009) has been amended by the Stamp Duty (E-stamping of Instruments) (Amendment) Regulations 2011 (SI no 87 of 2011).

The regulations now provide that only instruments to which section 106B(2) of the Stamp Duties Consolidation Act 1999 apply (that is, transfers to a housing authority or to the AHP) do not have to be stamped.

Accordingly, any instrument executed on or after 1 April 2011 that gives effect to the conveyance, transfer or lease of a house, building or land by a housing authority or the Affordable Homes Partnership (AHP) must be stamped through the e-stamping system and any stamp duty, up to a maximum of €100, must be paid.”