Stamp Duties Consolidation Act 1999 section 33

Conveyance or transfer in contemplation of sale

Section 33 treats a transfer of property made in contemplation of a sale as a conveyance on sale, charging stamp duty based on the property's market value, and provides for repayment of excess duty where the contemplated sale does not proceed or completes at a lower price.

• Where property is transferred in contemplation of a sale, stamp duty is charged as if it were a conveyance on sale for a consideration equal to the property's value.
• If the contemplated sale does not take place and the property is returned to the transferor (or a successor on death or bankruptcy), or the sale completes at a price below the value on which duty was paid, Revenue must repay the excess duty, subject to a four-year claim deadline.
• No repayment arises where the sale completed at a lower price if the transaction would have been chargeable as a voluntary disposition inter vivos for inadequate consideration under section 30(4).
• Where the instrument also transfers other property not connected with the contemplated sale, the section does not affect the stamp duty chargeable on that other property.