Written answers
Tuesday, 14 October 2008
Department of Finance
Tax Code
12:00 pm
Leo Varadkar (Dublin West, Fine Gael)
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Question 37: To ask the Minister for Finance his view of the fairness of the stamp duty exemption scheme for first time buyers whereby individuals purchasing jointly lose their reliefs when they purchased a house in contrast to the way a single person is treated; and if he will make a statement on the matter. [34584/08]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The stamp duty relief for first time buyers is provided for in section 92B of the Stamp Duties Consolidation Act 1999 and the term "first time purchaser" is defined in the section. In the definition, a first time purchaser is referred to as a person who has not previously purchased a house or a part of a house or previously built a house on his or her own behalf. In addition, a first time purchaser is a person who has received a gift of a house after 22 June 2000 or received a gift of part of a house after 27 June 2000.
To qualify for relief, the purchaser or purchasers must declare that they have not purchased property previously and that they will occupy the property for at least two years. Where a property is purchased jointly, each purchaser must satisfy the conditions in order to qualify for first-time buyers exemption. This position has existed since the first-time buyers exemption was introduced.
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