Wednesday 9 October 2019

Budget 2020 – A Quick Overview on the Budgets effect on Irish Real Estate


Budget 2020 – A Quick Overview

€80 million increase provided for housing assistance payments (HAP).
According to the Irish Times this will add 15,750 new tenancies to the existing 50,000 social housing tenants already in privately-owned flats and houses. €1.1 Billion provided by the budget will support the construction and acquisition of 11,000 new social units in 2020 (12,000 planned for 2021). 

Francis Doherty from the Peter McVerry Trust noted the additional €80 million for the HAP scheme in 2020 was “a recognition that we will remain very much dependent on the private rental market to accommodate those in need of social housing and the continuing rise in cost of rent in key urban areas”. 

To help with the provision of new affordable homes, an extra €17.5m is being provided to the Land Development Agency, the Minster also said. 

€186m is also being allocated to the Serviced Site Fund and Local Infrastructure Housing Activation Fund in 2020. 

€2 million in additional funding will be given to the Residential Tenancies Board
This is to support their investigations and sanctioning of non-compliance with rent pressure zone measures.

Help to Buy Scheme
The first-time buyers grant will be extended for two more years until the end of 2021. The scheme provides for a refund to first-time buyers of income tax and deposit interest retention tax (DIRT) that they have paid over the previous 4 years (up to a maximum value of €20,000) to go towards the deposit on a house. 

The Construction Industry Federation has welcomed the continuation of the Help to Buy scheme but warned it would not address affordability issues or rising construction costs.

Stamp Duty
Stamp duty on commercial real estate has increased from 6% to 7.5% with immediate effect. This is the second increase of stamp duty on commercial real estate in three budgets. 6% will apply to transactions executed before 1 January 2020, where a binding contract existed prior to 8 October 2019.

This increase means that Ireland has the 3rd highest stamp duty on commercial real estate in the EU, after Brussels and Luxembourg. This will have a major effect on the decision making of international investors and may cause disruptions to the market stability that is currently in place. The Ministers rationale for this increase was that the market is increasingly performing strongly, and the sector will continue to bear this increase “without significant impact”.

Amendments will also be made to the legislation which will provide for the repayment of stamp duty where the land involved is subsequently used for residential development. This is to ensure that the rate of stamp duty chargeable after a full refund remains at 2 percent.

Property investment funds and REITs - Anti-avoidance measures are being introduced with immediate effect.

Revenue identified some IREFs engaged in “Aggressive behaviour' to avoid tax. Revenue identified the use of excessive interest charges to shelter profits from Irish property.  As a result of the review, a number of anti-avoidance measures were introduced by way of Financial Resolution on 8 October 2019 to include new limitations on interest expenses to prevent over-leveraging and a measure to combat the artificial avoidance of gains on redemption of IREF units.

In addition, the Donohoe indicated a number of targeted amendments will be made to the Real Estate Investment Trust (REIT) regime to ensure an appropriate level of tax is paid on property gains by a REIT in particular where a REIT leaves the REIT regime.