Voluntary Transfer of Property or Land

A Voluntary Transfer involves the transfer of ownership from one party to another
without the exchange of money (i.e. as a gift) during the lifetime of the Transferor. This
process is often used to transfer property between family members, such as from
parents to children or between spouses, but it can also occur between non-relatives.
A Voluntary Transfer can consist of the transfer of property/land (including a site or
farmland).
Both parties in such a transaction will require their own Solicitor. The Transferor (the
person transferring the property) must be independently legally advised by a solicitor
to ensure that he or she is engaging in the transaction of their own free will, free from
duress or undue influence.
What do I need?

1. Copy Title – Land Registry Folio/Original Title Deed.
2. A land registry compliant map will need to be prepared marking out the property to
   be transferred, including any rights of ways or easements to be transferred or retained.
3. A valuation (current market value) in respect of the property to be transferred will
   also need to be obtained from an independent valuer.
   

This valuation is required for stamp duty purposes and will dictate the amount of stamp
duty required to be paid on the deed of transfer. The current rate of stamp duty for
residential property is 1% up to €1 million, 2% above €1 million and 6% over €1.5
million and for non-residential property i.e. farmland and site transfers is 7.5% of the
valuation obtained. Certain transfers may be eligible for stamp duty relief or exemption
depending on the purpose of the transfer and the nature of the relationship between
the parties.
The Transferor will need to obtain advice from an accountant in respect of potential
Capital Gains Tax liability and the Transferee may require the advice of an accountant
in respect of Capital Acquisitions Tax lability depending on the value of the property
being transferred.
We at McGrath Mullan Solicitors, can provide you with all of the necessary guidance
and advice for either party intending to engage in a Voluntary Transfer. Contact us
today by email at: info@mcgrathmullan.ie or alternatively call us on 01 8735012
(Dublin office) or 049 85 41137 (Oldcastle office).

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• Wills and a Child’s Entitlements
• Probate: 10 steps to kick-start the administration process
• Residential Zoned Land Tax (RZLT)