stamp duty clawback under Budget '07 rules?

Not sure if this is in the correct thread, mods please move if not.

A relative of mine and his wife purchased a house 3.5 years ago, moved in but for personal reasons moved out a few months later and rented out the property. A year later they bought a second property which they paid stamp duty on & is now their PPR. The original one was still being rented out. Under the new amendments to SD clawbacks in last years budget, can he declare this property without revenue implications/clawbacks? He will register it with the PTRB anyway.

Thanks

Sounds like they rented out within 5 years of purchase before the new Budget 2008 2 year clawback period came into force so they presumably are liable for the outstanding SD clawback.

As per Revenue.ie
"Prior to 5 December 2007, the period where no rent could be obtained was five years. Under the Finance Act 2008 this period has been reduced from 5 years to 2 years for deeds executed on or after the 5 December 2007.
For instruments executed before 5 December 2007, to the extent that a dwelling house or apartment is rented out on or after 5 December 2007, it will not involve a clawback of the relief where this occurs in the third, fourth or fifth year of ownership."

They rented out within a few months of buying, so the 2 or 5 years is irrelevant surely?

True.