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Stamp Duty repayment claims pursuant to Section 83D

The electronic claim system pursuant to Section 83D SDCA 1999 is live on ROS and My Account. Introduced in Finance Act 2017, this section provides for a stamp duty refund scheme where land that is chargeable at the 6% non-residential rate of stamp duty is subsequently developed for residential purposes. The scheme applies to both one-off houses as well as to larger housing developments.

The claim is submitted under the 'e-repayment claim' section of ROS. The accountable person can lodge the claim themselves using 'My Account' or the solicitor can lodge the claim on their behalf. In the latter case, refunds are then made to the solicitor's account as filer.

The system requires the solicitor to make the Statutory Declaration when acting as filer. The Taxation Committee are of the view that the accountable person(s) is the most appropriate person to make the Statutory Declaration and are raising the issue with Revenue.

If there is more than one accountable person, the consent of the other accountable person(s) is required in relation to claims filed. Completion of a consent form is required, available from Revenue by request.

A number of documents are required to make the claim as set out in the Stamp Duty manual but solicitors should particularly note that a certified copy of the Deed and the Stamp Certificate are required. Therefore, a copy of these items should be retained on the solicitor's file if not otherwise retained. Further information is available in the recently updated Stamp Duty manual:

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We welcome any feedback from members in relation to the operation of the system - email r.hession@lawsociety.ie.

New guidance on Transfer of Business relief

Revenue have recently updated the Transfer of Business guidance in the VAT Tax and Duty Manual:

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eNewsletters

This article originally appeared in the August 2018 Law Society eZine. For more information, and to subscribe, see enewsletters.