(1) [In this section―]¹

"first time purchaser"[, in relation to a purchaser,]² means-

(a) a person, or

(b) as respects instruments executed on or after 27 June 2000, a person, being an individual,

who, at the time of the execution of the instrument to which this section applies, has not, either individually or jointly with any other person or persons, previously purchased (other than the purchase of a leasehold interest by way of grant or assignment for any term not exceeding one year) or previously built-

(i) directly or indirectly on his or her own behalf, or

(ii) as respects instruments executed on or after 27 June 2000, in a fiduciary capacity,

another dwellinghouse or apartment or a part of another dwellinghouse or apartment and for the purposes of this definition-

(I) any dwellinghouse or apartment taken under a conveyance or transfer operating as a voluntary disposition within the meaning of section 30 of the Principal Act shall be deemed to have been taken by way of purchase where that conveyance or transfer was executed on or after 22 June 2000, and

(II) any part of a dwellinghouse or apartment taken under a conveyance or transfer operating as a voluntary disposition within the meaning of section 30 of the Principal Act shall be deemed to have been taken by way of purchase where that conveyance or transfer was executed on or after [27 June 2000;]³

["purchaser" means an individual who purchases a dwelling-house or apartment or an interest in a dwelling-house or apartment, where the consideration for the purchase required to be paid by the individual is derived from the individual’s own means, which may be or may include consideration derived from—

(a) an unconditional gift, or

(b) a bona fide loan evidenced in writing,

made to the individual for the purposes of the purchase concerned.]⁴

(1A) For the purposes of the definition of "purchaser"—

(a) a gift shall be deemed not to be an unconditional gift where the donor of the gift concerned—

(i) is not a party to the instrument giving effect to the purchase of the dwelling-house or apartment or the interest in the dwelling-house or apartment, and

(ii)(I) intends to occupy or does occupy the dwelling-house or apartment with the purchaser as the only or principal place of residence of each of them, or

(II) as part of an understanding or agreement can have—

(A) the dwellinghouse or apartment or the interest in the dwelling-house or apartment, or

(B) a part of the dwellinghouse or apartment or a part of the interest in the dwelling-house or apartment,

transferred to that donor at some time after the date of execution of the instrument concerned,

and

(b) where some or all of the consideration, required to be paid by the purchaser for the purchase of the dwellinghouse or apartment or the interest in the dwelling-house or apartment, is derived from a loan, and where the individual making the loan—

(i) is not a party to the instrument giving effect to the purchase of the dwelling-house or apartment or the interest in the dwelling-house or apartment, and

(ii)(I) intends to occupy or does occupy the dwelling-house or apartment with the purchaser as the only or principal place of residence of each of them, or

(II) as part of an understanding or agreement can have—

(A) the dwellinghouse or apartment or the interest in the dwelling-house or apartment, or

(B) a part of the dwelling-house or apartment or a part of the interest in the dwelling-house or apartment,

transferred to the individual who made the loan at some time after the date of execution of the instrument concerned,

then such loan shall not be regarded as a bona fide loan.

(1B) Subsection (1A) shall not apply to a purchaser, where the donor of the gift, or the individual making the loan, to the purchaser is a parent of the purchaser.

(2) Stamp duty shall not be chargeable under or by reference to [paragraphs (2) to (4)]¹ of the Heading "CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance" or [clauses (ii) to (iv)]¹ of paragraph (3)(a) of the Heading "LEASE", as the case may be, in Schedule 1 on any instrument to which this section applies.

(3) This section shall apply to-

(a) any instrument to which section 92 applies and which contains a statement, in such form as the Commissioners may specify, certifying that the purchaser, or where there is more than one purchaser, each and every one of the purchasers, is a [first time purchaser,]¹

(b) [any instrument, to which neither section 92 nor subsection (3A) applies, which contains a statement, in such form as the Commissioners may specify, certifying]² that subsection (3A) dos not apply that the purchaser, or where there is more than one purchaser, each and every one of the purchasers, is a first time purchaser, and that-

(i) the instrument gives effect to the purchase of a dwellinghouse or apartment, and

(ii) until the expiration of the period of [2 years]³ commencing on the date of the execution of the instrument or the subsequent sale (other than a sale the contract for which, if it were a written conveyance, would not, apart from section 82, be charged with full ad valorem duty or a sale to a company under the control of the vendor or of any person entitled to a beneficial interest in the dwellinghouse or apartment immediately prior to the sale or to a company which would, in relation to a notional gift of shares in that company taken, immediately prior to the sale, by any person so entitled, be under the control of the donee or successor within the meaning of [section 27 of the Capital Acquisitions Tax Consolidation Act 2003]⁴, irrespective of the shares the subject matter of the notional gift) of the dwellinghouse or apartment concerned, whichever event first occurs, that dwellinghouse or apartment will be occupied as the only or principal place of residence of the purchaser, or if there be more than one purchaser, of any one or more of the purchasers or of some other person in right of the purchaser or, if there be more than one purchaser, of some other person in right of any one or more of the purchasers and that [no person-

(I) other than a person who, while in such occupation, derives rent or payment in the nature of rent in consideration for the provision, on or after 6 April 2001, of furnished residential accommodation in part of the dwellinghouse or apartment concerned, or

(II) other than by virtue of a title prior to that of the purchaser,

will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, [during that period,and]⁵]⁶

[(c) any instrument, executed on or after 31 March 2007 and on or before the date of the passing of the Finance (No. 2) Act 2007, that does not contain such a statement as is referred to in paragraph (a) or (b)-

(i) where-

(I) section 92 applies to that instrument, and

(II) the purchaser has complied with, and has undertaken to continue to be bound by, the conditions, liabilities and obligations under section 92 and has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the condition set out in such a statement as is referred to in paragraph (a) notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section, or

(ii) where-

(I) had that instrument contained a statement such as is referred to in paragraph (b), such statement would have been true and correct, and

(II) the purchaser has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the conditions set out in such a statement as is referred to in paragraph (b) notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section.]⁷

(3A) This subsection applies to an instrument-

(a) which gives effect to the purchase of a dwellinghouse or apartment on the erection of the dwellinghouse or apartment, or

(b) to which section 29 or 53 applies, where the total floor area of that dwellinghouse or apartment-

(i) does not, or will not, exceed 125 square metres, and

(ii) is not, or will not, be less than 38 square metres,

as measured in the manner specified in regulations made by the Minister for the Environment, Heritage and Local Government for the purposes of section 91A.

(4) Where subsection (2) applies to an instrument and at any time during the period referred to in section 92(1)(b)(ii) or in subsection (3)(b)(ii) of this section, [some person, other than a person referred to in clause (I) or (II) of subsection (3)(b)(ii)]¹, derives any rent or payment in the nature of rent for the use of the dwellinghouse or apartment concerned, or of any part of it, the purchaser, or where there be more than one purchaser, each such purchaser, shall-

(a) jointly and severally become liable to pay to the Commissioners [an amount (in this section referred to as a "clawback")]² equal to ...³ the amount of the duty which would have been charged in the first instance if the dwellinghouse or apartment had been conveyed or transferred or leased by an instrument to which subsection (2) had not applied ...³ together with [interest charged on that amount, calculated in accordance with section 159D]⁴, from the date when the rent or payment is first received to the date [the clawback]⁵ is remitted, and

(b) the person who receives the rent or payment shall, within 6 months after the date of the payment, notify the payment to the Commissioners on a form provided, or approved of, by them for the purposes of this section, unless that person is already aware that the Commissioners have already received such a notification from another source.

(4A) Notwithstanding subsection (3), subsection (4) shall not apply to an instrument, being an instrument executed before 5 December 2007, to which subsection (2) applied to the extent that any rent or payment in the nature of rent, for the use of the dwelling-house or apartment or any part of the dwelling-house or apartment, is derived—

(a) on or after 5 December 2007, and

(b) after the expiration of a period of 2 years which commences on the date of the execution of the instrument concerned.

(5) Where the instrument is one to which this section and section 92 applies-

(a) the reference in subsection (4) to the amount of duty which would have been charged in the first instance shall be construed as a reference to the duty which would have been charged had the relief under section 92 continued to apply, and

(b) the reference to the amount of duty which was actually charged in subsection (2)(a) of section 92 shall be construed as a reference to the duty which would have been charged had the relief under this section been denied,

and the [clawback]¹ referred to in subsection (4) shall be in addition to any [clawback]¹ payable under section 92.

(6) Notwithstanding subsection (3), subsection (2) shall not apply to an instrument which gives effect to a sale or lease of more than one unit of residential property or where the sale or lease concerned forms part of a larger transaction or of a series of transactions comprising more than one unit of residential property.

(7) Notwithstanding subsection (1), a trustee of a trust to which section 189A of the Taxes Consolidation Act, 1997, applies shall be deemed to be a first time purchaser for the purposes of the definition in subsection (1), in respect of a conveyance or transfer including a conveyance or transfer operating as a voluntary disposition within the meaning of section 30 of the Principal Act, to that trustee of that trust, of a dwellinghouse or apartment or a part of a dwellinghouse or apartment, subject to-

(a) where there is only one beneficiary of that trust, this subsection applying to one such conveyance or transfer only, being the first such conveyance or transfer executed on or after the date of the establishment of that trust, and

(b) where there is more than one beneficiary of that trust, this subsection applying to as many conveyances or transfers, executed on or after the date of the establishment of that trust, as there are beneficiaries of that trust for whose benefit any such conveyance or transfer is made.

(8)[(a)(i) Notwithstanding subsection (1), a spouse to a marriage (in this subsection referred to as a "claimant"), the subject of a decree of divorce, a decree of judicial separation, a decree of nullity or a deed of separation (in this subsection referred to as a "decree"), shall be deemed to be a first time purchaser for the purposes of the definition in subsection (1), in respect of the first conveyance or transfer, including a conveyance or transfer operating as a voluntary disposition within the meaning of section 30, to the claimant, of a dwelling house, after the date of the decree, where the conditions set out in subparagraph (ii) are satisfied.

(ii) The conditions required by this subparagraph are that-

(I) immediately prior to the date of the decree, the claimant is not beneficially entitled to an interest in any dwelling house other than the dwelling house referred to in clause (II),

(II) the dwelling house, most recently acquired prior to the date of the decree, which was the only or main residence of the claimant and his or her spouse at some time prior to the date of the decree, did not cease to be occupied, at the date of the decree, by the spouse of the claimant as his or her only or main residence and the spouse was beneficially entitled to an interest in the dwelling house on that date or acquired such an interest after that date by virtue or in consequence of, the decree, and

(III) at the date of execution of the instrument, giving effect to the conveyance or transfer, the claimant is not beneficially entitled to an interest in the dwelling house referred to in clause (II).

(aa)(i) Where, by reason only of the fact that the first conveyance or transfer (referred to in paragraph (a)(i)) of a dwelling house was executed on or before the date of the decree, and as a consequence the claimant cannot satisfy the conditions set out in clauses (I) and (III) of paragraph (a)(ii), the claimant shall be deemed to be a first time purchaser for the purposes of the definition in subsection (1), where the first conveyance or transfer is executed in the period of 6 months ending on the date of the decree and the conditions set out in subparagraph (ii) are satisfied.

(ii) The conditions required by this subparagraph are that-

(I) the first conveyance or transfer was made in anticipation of the decree, and

(II) immediately before the date of the decree, the claimant was not beneficially entitled to an interest in any dwelling house other than the dwelling house referred to in subparagraph (i) and the dwelling house referred to in clause (II) of paragraph (a)(ii).

(iii) Where by virtue of subparagraph (i) a claimant is deemed to be a first time purchaser in respect of a first conveyance or transfer, the Commissioners, on a claim being made to them on that behalf and on the conditions set out in subparagraph (iv) being satisfied, shall cancel and repay such duty or part of such duty as would not have been chargeable had paragraph (a) applied to the conveyance or transfer when it was first presented for stamping.

(iv) The conditions required by this subparagraph are that the claimant, when making a claim for repayment, shall produce to the Commissioners-

(I) the stamped instrument,

(II) a copy of the decree,

(III) a declaration made in writing by the claimant, in such form as the Commissioners may specify, confirming to the satisfaction of the Commissioners that-

(A) the conveyance or transfer was made in connection with the decree,

(B) immediately before the date of the decree, the claimant was not beneficially entitled to an interest in any dwelling house other than the dwelling house referred to in subparagraph (i) and the dwelling house referred to in clause (II) of paragraph (a)(ii),

(C) the dwelling house referred to in clause (II) of paragraph (a)(ii) did not cease to be occupied, at the date of the decree, by the spouse of the claimant as his or her only or main residence and the spouse was beneficially entitled to an interest in the dwelling house on that date or acquired such an interest after that date by virtue or in consequence of the decree,

(D) at the time of making the claim for repayment, the claimant was not beneficially entitled to an interest in the dwelling house referred to in clause (II) of paragraph (a)(ii),

[(E) since the date of execution of the conveyance or transfer, the conditions referred to in subsection (3)(b)(ii) or (4A), as the case may be, or the conditions referred to in subsection (1)(b)(ii) or (2A) of section 92, as the case may be, have been complied with and will be complied with for the remainder of the 2 year period referred to in the subsection that applies to the conveyance or transfer concerned,]¹

(F) the conveyance or transfer is one to which subsection (3A) does not apply, and

(G) where the dwelling house was conveyed or transferred to the claimant and another person, that the other person was a first time purchaser within the meaning of subsection (1), immediately prior to the date of execution of the conveyance or transfer concerned,

(IV) the PPS Number of the claimant and any other person to whom the dwelling house was conveyed or transferred, and

(V) such other evidence that the Commissioners may require for the purposes of this subparagraph.

(v) Subsection (4) shall apply to a conveyance or transfer to which subparagraph (ii) applies as it applies to an instrument to which subsection (2) applies, with any necessary modifications.]²

(b) In this subsection-

"decree of divorce" means a decree under section 5 of the Family Law (Divorce) Act, 1996, or any decree to like effect that was granted under the law of a country or jurisdiction other than the State and is recognised in the State;

"decree of judicial separation" means a decree under section 3 of the Judicial Separation and Family Law Reform Act, 1989, or any decree to like effect that was granted under the law of a country or jurisdiction other than the State and is recognised in [the State;]³

["decree of nullity" means a decree granted by the High Court declaring a marriage to be null and void or any decree to like effect that was granted under the law of a country or judisdiction other than the State and is recognised [in the State;]⁴]⁵

["deed of separation" means a deed of separation executed by both spouses to a marriage and the date of a deed of separation is the date on which such deed is executed by both spouses to the marriage;

"dwelling house" means a dwelling house or apartment or a part of a dwelling house or apartment;

"PPS Number", in relation to a person, means the person’s Personal Public Service Number within the meaning of 262 not found of the Social Welfare Consolidation Act 2005.]⁶

(9) Where, by virtue of the amendment of this section by the Finance (No. 2) Act 2007, an instrument is one in respect of which stamp duty is not chargeable under or by reference to any of the paragraphs or, as the case may be, clauses referred to in subsection (2), the Commissioners, on a claim being made to them in that behalf and on the conditions set out in subsection (10) being satisfied, shall cancel and repay such duty paid as would not have been charged had this section been so amended before the instrument was executed.

(10) The conditions required by this subsection are that the purchaser (in this subsection referred to as the "claimant"), when making a claim for repayment, shall produce to the Commissioners-

(a) the stamped instrument,

(b) a declaration made in writing by the claimant, in such form as the Commissioners may specify, confirming to the satisfaction of the Commissioners that-

(i) where the instrument is one to which this section applies by virtue of paragraph (a) or (b) of subsection (3), the claimant has complied with the conditions, liabilities and obligations under either or both this section and section 92, as the case may be, and has undertaken to continue to be bound by those conditions, liabilities and obligations,

(ii) where the instrument is one to which subsection (3)(c)(i) applies, the claimant has complied with, and has undertaken to continue to be bound by, the conditions, liabilities and obligations under section 92 and has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the condition set out in such a statement as is referred to in paragraph (a) of that subsection notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section, or

(iii) where the instrument is one to which subsection (3)(c)(ii) applies, the claimant has satisfied, or, as the case may be, undertaken to be bound by, the conditions (including the conditions set out in such a statement as is referred to in paragraph (b) of that subsection notwithstanding that the said instrument does not contain such a statement), liabilities and obligations referred to in this section,

and

(c) such information as the Commissioners may reasonably require for the purposes of this subsection.

(11) A reference in subsection (3)(c) or subsection (10) to the purchaser, shall be construed as including a reference, where there is more than one purchaser, to each and every one of the purchasers.