S.L. 364.12 Art. 3Exemption of duty on acquisition of first immovable property.

In respect of transfers of property, made on or after the 5th November 2013 but before the 15th October 2019, which qualify for relief of duty under article 32(4)(a) of the Duty on Documents and

Transfers Act, no duty shall be chargeable on the first one hundred and fifty thousand euro (€150,000) of the aggregate value of the consideration paid for the acquisition of such property by a person, provided that this is the first immovable property acquired inter vivos by such person and provided that the notary who receives any deed of such a transfer shall record in the deed a written declaration by the person so acquiring that this is the first immovable property acquired by him and the notary shall warn the said person of the inter vivos importance of the truthfulness of such declaration:

Provided also that relief granted under this Order shall not apply to any transfer of property where a notice of a promise of sale or transfer relating to such property has been given to the Commissioner in accordance with the provisions of article 3(6) of the Duty on Documents and Transfers Act or of rules made under that Act before the 1st July 2013: Provided that in respect of transfers of property made on or after the 15th October 2019 but before the 20th October 2020, which qualify for relief of duty under article 32(4)(a) of the Duty on Documents and Transfers Act, no duty shall be chargeable on the first one hundred and seventy-five thousand euro (€175,000) of the aggregate value of the consideration paid for the acquisition of such property by a person, provided that this is the first immovable property acquired by such person and provided that the notary who inter vivos receives any deed of such a transfer shall record in the deed a written declaration by the person so acquiring that this is the first immovable property acquired by him and the notary shall warn the said inter vivos person of the importance of the truthfulness of such declaration: Provided further that in respect of transfers of property made on or after the 20th October 2020 but before the 28th October 2025, which qualify for relief of duty under article 32(4)(a) of the Duty on

Documents and Transfers Act, no duty shall be chargeable on the first two hundred thousand euro (€200,000) of the aggregate value of the consideration paid for the acquisition of such property by a person, provided that this is the first immovable property acquired inter vivos by such person and provided that the notary who receives any deed of such a transfer shall record in the deed a written declaration by the person so acquiring that this is the first immovable property acquired by him and the notary shall warn the said person of the inter vivos importance of the truthfulness of such declaration: Provided also that in respect of transfers of property made on or after the 9th June 2020 but before the 28th October 2025, for the purpose of determining whether the property is the first immovable property acquired by such person, the previous acquisition inter vivos by such person of an undivided share of immovable property representing less than twenty-five per cent (25%) of the real value of the whole of such property, shall not be taken into account, so however that this proviso shall not apply if such person has been granted the relief provided under article 32(4)(a) of the Duty on Documents and Transfers Act or under this article: Provided further that in respect of transfers of property made on or after the 9th June 2020 but before the 28th October 2025, for the purpose of determining whether the property is the first immovable property acquired inter vivos by such person, the previous acquisition by such person of a garage of not more than thirty square metres, shall not be taken into account, so however that this proviso shall not apply if such person has been granted the relief provided under article 32(4)(a) of the Duty on Documents and Transfers Act or under this article: Provided also that together with the form or other means provided by the Commissioner for the purposes of article 51 of the

Duty on Documents and Transfers Act in respect of a transfer to which any of the foregoing provisos applies, there shall be submitted to the Commissioner for Revenue legal evidence that no other immovable property had been acquired before, and that the said form inter vivos has been submitted to the Commissioner for Revenue on or before the 28th February 2026:

Provided further that in respect of a transfer under an onerous title made on or after the 28th October 2025 which qualifies for a concession of duty under article 32(4)(a) of the Duty on Documents and Transfers Act, no duty shall be chargeable on the first two hundred thousand euro (€200,000) of the aggregate value of the consideration paid for the acquisition of that property if all the following conditions are satisfied:

(a) the person acquiring the property has not made any previous acquisition of any immovable inter vivos property that is wholly or partially used or intended to be used as a residence, including land, airspace and any other immovable property acquired for the purpose of constructing or developing thereon or on part of the property to be used as a residence, or in respect of which there exists a development permit or an application for a development permit for such construction or development;

(b) the notary who receives the deed of the transfer records in the deed a declaration by the person so acquiring that the aforesaid condition is satisfied and warns the said person of the importance of the truthfulness of such declaration;

(c) together with the form or other means provided by the Commissioner for Tax and Customs for the purposes of article 51 of the Duty on Documents and Transfers

Act in respect of a transfer to which this proviso applies, legal evidence shall be submitted to the Commissioner that the aforesaid condition is satisfied, and for the purpose of determining whether the person acquiring the property had made any previous acquisition inter vivos of property referred to in paragraph (a), the previous acquisition by that person of an undivided share of such property shall not be taken into account as long as such acquisition represents in the aggregate less than twenty-five per cent (25%) of the real value of the whole of that property, and as long as that person made no other previous acquisition inter vivos of such property or of part of such property, sohowever that this paragraph shall not apply if such person was granted the concession provided under article 32(4)(a)

of the Duty on Documents and Transfers Act or under this article: Provided also that the benefit would apply on a basis pro-rata according to the share of the property being acquired.