Hi,
I purchased a property in Oct 2005 as a first time buyer Owner/Occupier home and as such I paid 3% stamp duty (€9840) on the purchase price of €328,000.
I resided there until Jan 2006.
In December 2005, I decided that the property would become a rental property and at that time I instructed my Solicitors to voluntarily invoke the clawback clause of the owner/occupier relief scheme.
I provided an additional 3% of purchase price (€9840) at that time for my solicitors to remit to the Revenue Commissioners. The applicable form [broken link removed]
“Advice of Receipt of Rent or Payment in the Nature of Rent” was completed and returned.
I have a receipt from the solicitor for the amount and a letter dated in March 2006 from my solicitor stating “that the Revenue Commissioners have advised that the clawback of Owner/Occupier relief in respect of No 2, The Courtyard has been discharged in full".
I have thus paid a total of 6% stamp duty on the property which is the correct stamp duty rate for an investor property in that price bracket.
I also declared all rental income for the year 2006 in my Income Tax Return Forms which were submitted in March/April of this year. The property is also correctly registered with the PRTB.
I received yesterday a letter from the Audit and Compliance section in Revenue that I have been noted to have availed of owner/occupier relief when puchasing the house but am not residing at the address. they have asked for proof within 14 days that I am residing there as part of their review of people availing of the owner/occupier relief.
I have tried to contact my solicitor to ask if he has any other documentary evidence from revenue to say that the full correct stamp duty rate has been paid but he is on holidays.
should the letter (mentioned above) he provided me last year suffice for Revenue? why have they not noted that this clawback was paid almost 2 years ago before sending me this letter?
Any advice?
thanks
I purchased a property in Oct 2005 as a first time buyer Owner/Occupier home and as such I paid 3% stamp duty (€9840) on the purchase price of €328,000.
I resided there until Jan 2006.
In December 2005, I decided that the property would become a rental property and at that time I instructed my Solicitors to voluntarily invoke the clawback clause of the owner/occupier relief scheme.
I provided an additional 3% of purchase price (€9840) at that time for my solicitors to remit to the Revenue Commissioners. The applicable form [broken link removed]
“Advice of Receipt of Rent or Payment in the Nature of Rent” was completed and returned.
I have a receipt from the solicitor for the amount and a letter dated in March 2006 from my solicitor stating “that the Revenue Commissioners have advised that the clawback of Owner/Occupier relief in respect of No 2, The Courtyard has been discharged in full".
I have thus paid a total of 6% stamp duty on the property which is the correct stamp duty rate for an investor property in that price bracket.
I also declared all rental income for the year 2006 in my Income Tax Return Forms which were submitted in March/April of this year. The property is also correctly registered with the PRTB.
I received yesterday a letter from the Audit and Compliance section in Revenue that I have been noted to have availed of owner/occupier relief when puchasing the house but am not residing at the address. they have asked for proof within 14 days that I am residing there as part of their review of people availing of the owner/occupier relief.
I have tried to contact my solicitor to ask if he has any other documentary evidence from revenue to say that the full correct stamp duty rate has been paid but he is on holidays.
should the letter (mentioned above) he provided me last year suffice for Revenue? why have they not noted that this clawback was paid almost 2 years ago before sending me this letter?
Any advice?
thanks
