Ned O'Keeffe (Cork East, Fianna Fail)
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Question 139: To ask the Minister for Finance if there is special exemption from stamp duty for persons (details supplied) in County Cork who originally purchased their local authority house and are now selling same and purchasing another house similar in size and value. [25466/06]

Brian Cowen (Laois-Offaly, Fianna Fail)
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From the information provided, it is not clear whether the person is purchasing their new dwelling from the local authority or has entered into any arrangement with the local authority to be provided with an alternative dwelling.

In the event that such situations or arrangements do exist, it is possible that the terms of Section 8 of the Housing (Miscellaneous Provisions) Act 1992 — No. 18 of 1992 may be applicable in this case and may result in an exemption from Stamp Duty being granted. Section 8 of the Housing (Miscellaneous Provisions) Act 1992 — No. 18 of 1992 states:

Stamp Duty shall not be chargeable on any instrument giving effect to the conveyance, transfer or lease of a house, building or land by or to a housing authority in connection with any of their functions under the Housing Acts 1966 to 1992.

In the event that the conditions referred to above do not apply in this case, it would appear, from the information provided, that the person may be purchasing a second-hand house and as such would be liable for Stamp Duty at the rate of 3% of the total value of €190,000.00 (i.e. €5,700.00) and it would not appear that any exemption from Stamp Duty would be applicable.