Richard Bruton (Dublin North Central, Fine Gael)
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Question 101: To ask the Minister for Finance if he will provide for a waiver of stamp duty in respect of a person who is not a first-time buyer, but is forced to move home in order to accommodate the disability of a family member; and if he will make a statement on the matter. [14056/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that while there are no Stamp Duty reliefs relating specifically to a change of residence to accommodate the disability of a family member, exemptions or reliefs (depending on floor area) are available to all non-first time buyers, regardless of circumstances leading to the change of residence, in respect of the purchase of a new house or apartment to be used as the purchaser's main residence.

Section 91A of the Stamp Duties Consolidation Act 1999 provides for an exemption from Stamp Duty where a new house, with a floor area not exceeding 125 square metres, is purchased by a non-first time buyer for occupation as his/her principal place of residence

Section 92 of the Stamp Duties Consolidation Act 1999 provides for a relief from Stamp Duty where a new house, with a floor area exceeding 125 square metres, is purchased by a non-first time buyer for occupation as his/her principal place of residence. Where this relief applies, Stamp Duty is chargeable, at the residential property rates, on the greater of (a) the consideration paid for the site or (b) 25% of the aggregate of the consideration paid for site and the building costs. The residential property rates of stamp duty are set out in the Table. I have no plans at this stage to change the existing scheme of Stamp Duty exemptions and reliefs.

Table: Rates of Stamp Duty on residential property

*Transactions, where the consideration (or the aggregate consideration) does not exceed €127,000, are exempt from Stamp Duty.

Michael Creed (Cork North West, Fine Gael)
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Question 102: To ask the Minister for Finance if he is satisfied with the interpretation of the Valuation Acts which seek to apply commercial rates to non-commercial premises used for the storage of machinery used by agricultural contractors; his views on whether this is appropriate in view of the fact that no commercial transactions are undertaken in these storage sheds; his further views on the logical extension of this interpretation as it would apply to for example domestic garages used to park commercial vehicles; and if he will make a statement on the matter. [14096/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I should point out that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act 2001 and I, as Minister for Finance, have no function in decisions in this regard.

The Valuation Act 2001 provides that all buildings used or developed for any purpose, including constructions affixed thereto, are rateable unless expressly exempted under the Act. A store for agricultural machinery used in connection with an agricultural contracting business is a rateable property under the Valuation Act and the occupier of such a store is therefore liable for commercial rates based on its rateable valuation. There is no exemption provision under the Act for machinery stores which are part of a commercial undertaking.

While a domestic house is exempt from rates under the Valuation Act, a motor vehicle garage attaching to it, which is used for the parking of commercial vehicles may, depending on the particular circumstances, be deemed to be a rateable entity, if a commercial enterprise is being operated from the premises.

There are no plans to provide for special treatment of stores used in connection with agricultural contracting businesses under the Valuation Act, which provides that all buildings used for commercial enterprises are valued in a fair and equitable manner.