Imposition of Duties (No. 217) (Stamp Duty On Certain Instruments) Order, 1975

JurisdictionIreland
CitationIR SI 27/1975

S.I. No. 27 of 1975.

IMPOSITION OF DUTIES (NO. 217) (STAMP DUTY ON CERTAIN INSTRUMENTS) ORDER, 1975.

The Government, in exercise of the powers conferred on them by section 1 of the Imposition of Duties Act, 1957 (No. 7 of 1957), and section 22 of the Finance Act, 1962 (No. 15 of 1962), hereby order as follows:

1. This Order may be cited as the Imposition of Duties (No. 217) (Stamp Duty on Certain Instruments) Order, 1975.

2. This Order shall come into operation on the 1st day of March, 1975, and shall not have effect in relation to any instrument executed before that date.

3. ( a ) The Heading set out in Part I of the Schedule to this Order is hereby substituted for the Heading "CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities" in the First Schedule (as amended by the Finance Act, 1970 (No. 14 of 1970), and by subsequent enactments) to the Stamp Act, 1891.

( b ) Subject to the provisions of the Heading in the said First Schedule (inserted by paragraph (a) of this Article), that Heading shall be deemed to include any conveyance or transfer of any property other than stocks or marketable securities operating as a voluntary disposition inter vivos and any reference in that Heading to the amount or value of any consideration shall be construed in relation to duty chargeable on such conveyance or transfer as a reference to the value of the property.

4. The paragraph set out in Part II of the Schedule to this Order is hereby substituted for paragraph (3) of the Heading "LEASE" in the said First Schedule (as so amended).

SCHEDULE.

Article 3.

PART I.

CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities.

(1) Where the amount or value of the consideration for the sale does not exceed one thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds one thousand pounds

Exempt

(2) Where the amount or value of the consideration for the sale exceeds one thousand pounds but does not exceed two thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds two thousand pounds:—

For every £50, or fractional part of £50, of the consideration

25p

(3) Where the amount or value of the consideration for the sale exceeds two thousand pounds but does not exceed six thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds six thousand pounds:—

For every £50, or fractional part of £50, of the consideration

50p

(4) Where in the case of a conveyance or transfer on sale or in the case of a conveyance or transfer operating as a voluntary disposition inter vivos the consideration for the sale or the value of the property exceeds six thousand pounds and the instrument contains a certificate by the party to whom the property is being conveyed or transferred to the effect that the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is related to the person or each of the persons immediately theretofore entitled to the entire beneficial interest in the property in one or other of the following ways, that is to say, as a lineal descendant, parent, grandparent, step-parent, husband or wife, brother or sister of a parent or brother or sister, or lineal descendant of a parent, husband or wife or brother or sister:—

For every £50, or fractional part of £50, of the consideration or of the value

50p

(5) Where the amount or value of the consideration for the sale exceeds six thousand pounds but does not exceed seven thousand five hundred pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds seven thousand five hundred pounds:—

If the amount or value of the consideration—

Exceeds

£6,000

and does not exceed

£6,250

£70

 "

£6,250

"  "  "  "

£6,500

£80

 "

£6,500

"  "  "  "

£6,750

£90

 "

£6,750

"  "  "  "

£7,000

£100

 "

£7,000

"  "  "  "

£7,250

£110

 "

£7,250

"  "  "  "

£7,500

£120

(6) Where the amount or value of...

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