Your question:
I have read on this site that it is possible to buy the contents of the house separately, up to a max of 10% of the house price?
It is perfectly reasonable to buy the contents of any house. But I think the real question is how do Revenue treat related contracts i.e. Contracts for purchase of property PLUS contract for purchase of contents insofar as stamp duty and stamp duty thresholds are concerned.
My view is that when you’re on the cusp of the stamp duty thresholds that ones mind tends to gravitate towards seeking mechanisms not to pay an amount over and above a lower threshold.
However, Revenue (contrary to the opinion of many of my clients) are not stupid. They cover this position in a number of ways. One, there is a certificate in the Purchase Deed to be drafted by the Purchasers Solicitor and signed by both Purchaser and Vendor confirming that there is no series of related contracts and see the certificate below.
Secondly, they make the professionals involved in the transaction carry a primary obligation to make sure that the correct stamp duty is paid ergo none of them will get involved in anything that (a) is wrong and (b) exposes them to any risk – why would they?
Finally, there is seldom any benefit for a vendor in this except the possibility of being involved in a fraud plus the only way to enforce a contract for the sale/purchase of contents is to have a written contract – how else do the parties enforce it when something goes wrong?
So there is nothing wrong in buying the contents. But, if this is done and the transaction cost is on the edge of the stamp duty threshold and the related contract for contents pushes the whole matter over the stamp duty threshold, you pay stamp duty on the price for the property only but at the higher rate.
The rule is “higher rate, lower amount”
This is the certificate :
It is hereby certified that the consideration (other than rent) for the sale/lease is wholly attributable to residential property and that the transaction effected by this instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to residential property, or which would be so attributable if the contents of residential property were considered to be residential property, exceeds €127,OOO / €190,500 / €254,OOO / €317,500 / €381,OOO / €635,OOO."
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