Stamp Duties Consolidation Act 1999 section 31A

Resting in contract

Section 31A charges stamp duty on a contract or agreement for the sale of land in the State where 25 per cent or more of the sale price has been paid before a formal conveyance is completed and stamped.

  • A contract for the sale of an estate or interest in land becomes chargeable to stamp duty β€” as if it were the actual conveyance β€” once cumulative payments reach 25 per cent or more of the agreed consideration.
  • The charge does not apply if, within 30 days of the 25 per cent threshold being reached, a stamp duty return is filed and the duty on the conveyance or transfer is paid.
  • Where duty has already been paid on the contract, the subsequent conveyance is not chargeable to further duty, and Revenue must issue a stamp certificate confirming this once a return has been filed.
  • Duty paid on the contract will be repaid if the contract is rescinded or annulled, subject to the four-year time limit for repayment claims under section 159A.

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