stampduty clawback

pc7

Registered User
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593
hi a little confused about this after discussing with friend, she bought a place in July 2004 and it was under 190,000 (stamp duty cut off at time). With the changes in clawback in the budget can she now rent it (wants to move in with boyf) without the clawback being an issue? The paragraph below is what's listed on revenue and just wondering can someone confirm that if she moves out now (3 1/2 years into ownership) she can register ptrb etc and not have to pay clawback. Thanks pc7

Important Note: 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.
 
I'm pretty sure that she can and will not be subject to the SD clawback. Are you sure that the information on Revenue's website is not simply out of date? There is often quite a bit of out of date info there in my experience.