Stamp Duties Consolidation Act 1999 section 83DB

Repayment of stamp duty in respect of certain residential units

Section 83DB provides for a partial repayment of the higher rate of stamp duty paid on residential units where those units are subsequently put to a qualifying social housing, cost rental, disability or elderly care, or children's care use.

• It applies where residential units charged to stamp duty at the higher rate under section 31E are later put to one of four qualifying social or care uses.
• The four qualifying uses are leasing for social housing, designation as a cost rental dwelling, registration as a designated (care) centre, and registration as a children's residential centre.
• The amount repaid is the difference between the higher rate paid and the standard rate that would otherwise have applied; the claim is made electronically by an accountable person and only on or after the qualifying date.
• A time-apportioned clawback with interest applies if the qualifying use ceases within 10 years (except for cost rental dwellings), and a penalty of 125 per cent applies where a false declaration is made.