Revenue eBrief No. 082/21 – Stamp duty: associated companies relief

Revenue eBrief No. 082/21

12 April 2021

Stamp duty: associated companies relief

The Tax and Duty Manual (TDM) on associated companies relief (section 79 SDCA 1999) has been amended to clarify the operation of certain Revenue practices in relation to the conditions governing the relief. The TDM has been amended to clarify:

  • that where a transferee or transferor is a partnership but is not a body corporate, the relief does not apply (section 5)
  • the ways in which property comprising loans can cease to exist in order to be treated as ceasing to exist over time because of its nature (section 9.4.2)
  • that the disapplication of the clawback of relief in situations where transferred property is retained within a corporate group for a period of two years post transfer extends to situations where a property is transferred on a number of occasions through a number of group companies (section 9.4.2).

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