is a new house still new if never occupied?

from an earlier query I put up I was pointed in the direction of the following regarding stamp duty amounts. http://www.citizensinformation.ie/categories/housing/buying-a-home/purchasing-a-home/stamp_duty


I noticed in this that it mentioned a house is new if it was never occupied (or something along those lines). We have completed the purchase on a property (which was new and bought from the developers) . We may not be selling this to a relative as our own circumstances have changed. Would they have to pay s.d. on the full amount of the property? We have closed the deal and paid s.d. ourselves as we would have been considered investors as we have our own PPR now.

dublinamerica said:

We may not be selling this to a relative as our own circumstances have changed.

Click to expand...

I presume you mean 'now'?


If stamp duty did apply, then your relative may be able to avail of consanguinity relief.

Consanguinity relief - applies to transfers of land, buildings etc. to certain relatives, e.g. parent, grandparent, step-parent, child, foster-child, brother, sister, half-brother/sister, aunt, uncle, niece, nephew. Half the normal rate of duty applies. This relief does not apply to leases.

Taken from www.revenue.ie

dubinamerica said:

I noticed in this that it mentioned a house is new if it was never occupied (or something along those lines). We have completed the purchase on a property (which was new and bought from the developers) . We may not be selling this to a relative as our own circumstances have changed. Would they have to pay s.d. on the full amount of the property? We have closed the deal and paid s.d. ourselves as we would have been considered investors as we have our own PPR now.

Click to expand...

I don't think that a house in this situation would automatically be considered new. After all there has been one owner already albeit short term. It may be possible to get some sort of declaration that it is was never occupied and therefore can be treated as a new property when sold on. But I don't know if that is actually the case or just something that I misunderstood a while back. Ask your solicitor what s/he thinks and maybe ask Revenue.