Stamp Duty Owner Occupier

I

Irishbabe100

Registered User
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12
Help!

I am confused with the definition owner occupier/first time buyer in relation to Stamp Duty.

Am I an owner occupier if I rent a room abroad (UK), but return to Ireland during holiday time as I am a teacher and live in my only purchased house in Ireland. I live in my house in ireland 13 weeks a year and all bills are in my name and I am not renting the house out.

Please advise...thanks!
 
You are owner but you are not occupier as you spend less than 183 days in your house in Ireland. Not 100% sure though....

How come the stamp duty is coming into the picture only now as i undertand you have already bough the house in Ireland.
Are you concern about the stamp duty clawback?
 
Have bought house, but will be signing papers next week. Solicitor spoke to me in December and I explained my situation to her and she said I was owner occupier. I sent her an email, so that I could have confirmation in writing and now she says "If you can cerify that you are owner occupier, then you will be exempt. Solicitor is not being very helpful and will not tell me now over email if I am exempt or not. She went on to state, that if I instruct her to put owner occupier certificate in with deeds, then she would! I thought solicitors should know whether I had to pay or not?
 
I take it that the house you are buying is new, because from your first post - you would not be classified as a first time buyer having purchased previously. If not new then you are liable to stamp duty.

Regarding occupier, it is a more difficult one as you only spend 13weeks here a year, not sure what revenue's definition is of an occupier, and you would have to check that one on their website/directly from them.
 
Sorry, I forgot to say, the house is new. So am I liable given my situation? Its a difficult one, has I would be the only occupier, even for 13 weeks a year.

Please advise? thanks
 
Have you rang or written to the Revenue office? They'll give you a definite answer.
 
I contacted them before by email, but they bounced my email between offices in Galway and Dublin and came back with an assumption rather than a difinite answer..they basically said I had to pay! but it's silly because I am not renting it out. I just wondered whether anyone had a similar situation?
 
email from revenue to clarify issue:
>The main issue is whether rent is derived or not. Once you do not derive rent
>from the property and you have certified in the deed of transfer that you
>will occupy the house as your principal place of residence then the relief
>will apply. The amount of time in occupancy of the property is not so much a
>concern, but whether rent is derived during your absence would be.
 
Thanks for posting feedback.
I think you may have to be carefull there..The revenue stated in their letter
... you have certified in the deed of transfer that you will occupy the house as your principal place of residence
Click to expand...
They do not tell you where your place of residence is, but ask you to state/certify where is it...

Is the definition of "principal place of residence" not linked to where you claim residency, i.e. the 183 days rules? So if you work in the UK and spends more than 183 nights there, you are resident in the UK, not Eire.
 
previous to email, I had stated that I spend only 14 weeks in Ireland...and asked if this allowed me to have a PPR here..thats why this past in red came back as a reply. I rent in the UK, its not MY house.

The amount of time in occupancy of the property is not so much a
>concern, but whether rent is derived during your absence would be.

So do you think I still have an issue with stamp duty?
 
this was my initial email to revenue:
Just one question: Am I an owner occupier if I occupy my house in Ireland
for a total of 14 weeks a year between term time and the remainder of the
year is spent in rented accommodation in the UK? and futhermore no rent is
derived from the property in Ireland in my absence.

Please advise?
 
Bear in mind that Revenue will only dispense information and not advice and sometimes the information they dispense may be incomplete or incorrect. Even if this is the case and the taxpayer acts on it they will not accept their dispensation of incomplete or incorrect information as valid defence against any problems (e.g. outstanding liabilities) that might arise in the future based on that decision. If in doubt get independent, professional advice from an accountant/tax advisor.
 
Thanks, however there is no guarantee that a tax adviser could get it right either?!

One would assume that if you ask the revenue for advise, that they should be trained to deal with request? otherwise what is the point in emailing them for advise.

The main thing is along as I do not rent it out, then it is not an investment property.
 
The Revenue Letter said:
The amount of time in occupancy of the property is not so much a
concern, but whether rent is derived during your absence would be.
Click to expand...

IrishBabe100 said:
The main thing is along as I do not rent it out, then it is not an investment property.Today 11:07 AM
Click to expand...

I find it hard to believe that the rent is the only consideration.... So, I could buy 100 new properties & not pay stamp duty as long as i do not rent ???
Is the status of "Owner/Occupier" not relevant any more?
You could rent part of a property under the "rent a room" scheme and still not have to pay SD...

It would be very interesting if you could ask the same question to somebody else in the revenue office....
 
Irishbabe100 said:
Thanks, however there is no guarantee that a tax adviser could get it right either?!
Click to expand...
Perhaps - but at least they would be liable for giving out incorrect advice if that happened. Revenue are not.
One would assume that if you ask the revenue for advise, that they should be trained to deal with request? otherwise what is the point in emailing them for advise.
Click to expand...
Revenue dispense information not advice. I'm sure that they are trained to do this but I have first hand experience of them getting things completely wrong in the past so you cannot be 100% sure that they will give you complete or accurate information. If in doubt get independent, professional advice or risk making desicions based on incomplete or incorrect information.
The main thing is along as I do not rent it out, then it is not an investment property.
Click to expand...
This is not correct. If you buy it and it is not your PPR then it is an investment property even if it is not rented out.

In my opinion you need to consult with a tax professional and ask him/her if you can legitimately buy as an owner occupier and have the property classed as a PPR rather than an investment property if you live elsewhere for a while and eventually move into the property as your primary residence.
 
Revenue should put a disclaimer on all emails....!

Secondly, I am also a first time buyer. this must also count for something?
 
Irishbabe100 said:
Revenue should put a disclaimer on all emails....!
Click to expand...
I thought that they did but maybe not.
Secondly, I am also a first time buyer. this must also count for something?
Click to expand...
Perhaps. See this similar thread.

Please bear in mind that people here are just trying to give constructive and informative feedback. If you don't like what you're hearing please don't shoot the messenger.
 
How would I get in touch with a tax professional. Have you got an website address which gives me contact details? thanks
 
sorry, I am glad of all your feedback, as it makes me aware of things I am missing. Just I guess its difficult to sort out my situation, and I feel that I am running around in circles, getting my hopes up and then dashed again in relation to stamp duty.
 
I just reviewed the earlier posts on the thread and can't understand why your solicitor is ostensibly so equivocal on this issue. This seems like poor form. I don't have any recommendations for tax advisors I'm afraid.
 
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