Stamp duty claw back - before the 5 years are up?

[ski]

hi just looking for some advise on this - I am four months short of owning my apartment 5 years (which I bought new as a first time buyer) I have now bought a house with my husband, which we have been renovating for a couple of months & it is almost ready to move into - does anyone know if this close to the 5 years still invokes the clawback or has any idea on what I should do?

 

[roland]

hi ski.

the clawback on stamp duty only applies if you rent out your apartment within 5 years. It doesn't apply if you sell it within 5 years.

i'm not clear from your question what you are intending to do, but hopefully the above clarifies things.

 

[ski]

Hi Roland
Thanks for reply - no am hoping to keep apartment & not sell so wondering if I am still at risk for claw back, with only 4 months left?
thanks

 

[asdfg]

From revenue.ie
When does a clawback arise?
A clawback arises if rent is obtained from the letting of the house, other than under the rent-a-room scheme. The clawback amounts to the difference between the higher stamp duty rates and the duty paid and it becomes payable on the date that rent is first received from the property.

From reading the above if you wait until the 5 years are up in 4 months then the clawback will not apply. If rent received prior to this date then clawback applies and you have to pay stamp duty at investors rate applicable at the date of purchase.

 

[JohnnyBoy]

I was just reading the thread.I bought a house 4yrs ago,paid stamp on it,rented it for about 2yrs & then moved in ~ 3yras after buying it.Would I be entitled to claim the stamp back?

 

[Howitzer]

I was just reading the thread.I bought a house 4yrs ago,paid stamp on it,rented it for about 2yrs & then moved in ~ 3yras after buying it.Would I be entitled to claim the stamp back?

No.