Stamp Duties Consolidation Act 1999 section 83B

Certain family farm transfers

Section 83B exempts from stamp duty a transfer of farmland made by a child to a parent as part of certain family arrangements that qualify for capital gains tax relief under section 599 of the Taxes Consolidation Act 1997.

• It removes the stamp duty charge on an instrument transferring land from a child to a parent.
• It applies only where the transfer arises from a family arrangement qualifying for the section 599 TCA 1997 capital gains tax relief on a parent's disposal of a business or farm to the child.
• "Child" is given a wide meaning, covering a child of a deceased child, certain nephews and nieces, and foster children.
• The exemption applies to instruments executed on or after 2 April 2007; subsection (2) was later deleted by the Finance Act 2012 for instruments executed on or after 7 July 2012.