Dáil Éireann Debate, Tuesday - 13 January 2026
851. Deputy Séamus McGrath asked the Tánaiste and Minister for Finance if the Revenue Commissioners insist on the 1% stamp duty rate on new residential properties being applied to the selling price of the new property as opposed to the selling price minus the 13.5% VAT rate (details supplied); and the procedure that is in place to ensure reimbursement of the overpayment of stamp duty. [1350/26]
View answerI am advised by Revenue that Stamp Duty is charged on a sale of new residential property on the VAT exclusive consideration. The legislative basis for this is sections 48 and 56 of the Stamp Duties Consolidation Act (SDCA) 1999.
Stamp Duty is a self-assessed tax and, as such, the onus is on the accountable person to ensure that an accurate Stamp Duty return is filed and that the correct amount of Stamp Duty is paid. In circumstances where, in error, the purchaser of a new residential property (or a person acting on their behalf) files a Stamp Duty return containing the VAT-inclusive selling price instead of the VAT-exclusive selling price and Stamp Duty is then paid on the VAT-inclusive selling price, the purchaser may apply to Revenue for a repayment of the Stamp Duty overpaid. The legislative basis for this is section 152 SDCA 1999. In accordance with section 159A SDCA 1999, the repayment must be claimed no later than four years after the date on which the Stamp Duty was originally due to be paid.
In order to claim a repayment of Stamp Duty, the purchaser (or a person acting on their behalf) should amend the Stamp Duty return to show the VAT-exclusive selling price and, separately, send details of the repayment claim to Revenue via MyEnquiries. These details should include the Document ID number. Should the purchaser require any assistance they may wish to contact Revenue’s National Stamp Duty Office (NSDO). Contact details for the NSDO are available on the Revenue website at: www.revenue.ie/en/contact-us/customer-service-contact/stamp-duty.aspx
