Written answers
Thursday, 16 November 2017
Department of Finance
Stamp Duty
Michael McGrath (Cork South Central, Fianna Fail)
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63. To ask the Minister for Finance if there are stamp duty reliefs on the transfer of business assets within a family; and if he will make a statement on the matter. [48524/17]
Paschal Donohoe (Dublin Central, Fine Gael)
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I am advised by Revenue that the transfer of a business assets within a family constitutes a conveyance on sale for the purposes of the Stamp Duties Consolidation Act (SDCA) 1999. Stamp duty is payable by the transferee. Where the business asset is sold or otherwise transferred for less than market value, section 30 SDCA 1999 imposes a charge to stamp duty at the market value of the property transferred.
There are no reliefs that may apply in such cases. Family relationships are not relevant for stamp duty purposes, other than in the case of certain transfers of agricultural property between family members, where a measure known a consanguinity relief may apply.
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