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Stamp duty is not chargeable for owner occupiers on a new build up to 125sq.mts. After that it is payable based on the size of the house or the plot whichever is the greater. VAT is deducted from the purchase price of a new build when assessing stamp duty liability. There are lots of threads on this..why not try a search?
My question isIf the property is over 125 square meters or you're an investor, the stamp duty is calculated from the table below using whichever of the following two values is greatest:
A. The cost of the site OR
B. 25% of (the cost of the site + the building costs less VAT @ 13.5%)
Value: Non-investors Investors:
€1 - €127,000 0% 0%
€127,001 - €190,500 0% 3%
€190,501 - €254,000 0% 4%
€254,001 - €317,500 0% 5%
€317,501 - €381,000 3% 6%
€381,001 - €635,000 6% 7.50%
€635,001+ 9% 9%
An owner occupier (who is not a first time buyer) buys a new house for €800,000. The site element is €150,000. The house is too large to qualify for exemption under s.91. However, it qualifies for relief under s.92. Duty is payable on €200,000 @ 4% = €8,000 (i.e. duty is payable on 25% of the cost).
If the site element were €250,000 instead of €150,000, duty would be payable on €250,000. The amount payable by an owner occupier who was not a first-time buyer would be €250,000 @ 4% = €10,000.
The answer to this lies with the developers, generally new builds are structured (in my experience) in such a way that you are 'sold the site' and 'charged for building' this way neither adds up to a stamp duty-able purchase.
But I guess there's a price point at which this won't work. A good property solicitor will clarify that for you.
Are you sure about that? I thought that where the > 125sqm rule kicked in (with the taxable consideration determined by the site value or building costs) then it meant that properties up to c. €500K were effectively still exempt from SD for (FTB?) owner occupiers? Can't remember the details but that was the general gist.This does not negate the fact that if the property is over 125sq.mts., stamp duty becomes payable in most cases.
Are you sure about that? I thought that where the > 125sqm rule kicked in (with the taxable consideration determined by the site value or building costs) then it meant that properties up to c. €500K were effectively still exempt from SD for (FTB?) owner occupiers? Can't remember the details but that was the general gist.
from revenue website
Over Floor Area of 125 sq. m
New houses or apartments which are purchased by an owner occupier (including a first time buyer) where the total floor area exceeds 125 square metres are charged with duty, at the appropriate residential property rate as per the table above, on the site value (excluding VAT) or one quarter of the total value of the house including the site (excluding VAT), whichever is the greater, subject to clawback.The size of the floor area must be certified by a qualified architect, engineer or surveyor
Thanks - I knew that it was some big complicated formula!You're probably correct Clubman, a quarter of 500k would leave the purchaser below the 127k exemption limit.
If I see a new build or a new development in an auctioneer’s office grater than 125sqm for under €317,500 and I am a non investor am I exempt from stamp duty?
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