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Number 31 of 1999
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STAMP DUTIES CONSOLIDATION ACT, 1999
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ARRANGEMENT OF SECTIONS
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PART 1
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Interpretation
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Section
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1.
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Interpretation.
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PART 2
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Charging and Stamping of Instruments
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2.
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Charging of, liability for, and recovery of stamp duty.
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3.
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Variation of certain rates of duty by order.
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4.
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How duties are to be paid.
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5.
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Agreement as to payment of stamp duty on instruments.
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6.
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How instruments are to be written and stamped.
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7.
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Instruments to be separately charged with duty in certain cases.
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8.
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Facts and circumstances affecting duty to be set forth in instruments, etc.
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9.
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Mode of calculating ad valorem duty in certain cases.
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10.
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Adhesive stamps.
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11.
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Denoting stamps.
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12.
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Particulars delivered stamps.
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13.
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Duplicates and counterparts.
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14.
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Penalty on stamping instruments after execution.
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15.
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Surcharges for undervaluation in case of voluntary dispositions inter vivos.
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16.
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Surcharges to apply when apportionment is not just and reasonable.
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17.
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Furnishing of an incorrect certificate.
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PART 3
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Valuation
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18.
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Mode of valuing property.
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19.
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Valuation of property chargeable with stamp duty.
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PART 4
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Adjudication and Appeals
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20.
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Assessment of duty by the Commissioners.
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21.
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Right of appeal of persons dissatisfied with assessment.
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PART 5
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Provisions Applicable to Particular Instruments
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Chapter 1
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Bills of Exchange and Promissory Notes
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22.
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Bills and notes purporting to be drawn outside the State.
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23.
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Restriction on stamping after execution.
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24.
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One bill only of a set need be stamped.
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25.
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Denotion of duty by adhesive stamps.
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26.
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Certain bills issued by local authorities to be chargeable as promissory notes.
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27.
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Stamping of certain foreign bills of exchange.
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28.
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Notes promising the payment of sum of money out of a particular fund, etc.
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Chapter 2
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Conveyances on Sale
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29.
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Conveyance on sale combined with building agreement for dwellinghouse or apartment.
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30.
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Voluntary dispositions inter vivos chargeable as conveyances or transfers on sale.
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31.
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Certain contracts to be chargeable as conveyances on sale.
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32.
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As to sale of an annuity or right not before in existence.
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33.
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Conveyance or transfer in contemplation of sale.
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34.
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Agreements in connection with, or in contemplation of, sale.
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35.
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Deeds of enlargement.
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36.
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Certain contracts for sale of leasehold interests to be chargeable as conveyances on sale.
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37.
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Exchanges.
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38.
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Partitions or divisions.
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39.
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Decree or order for foreclosure, etc., and stamp duty.
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40.
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Calculation of ad valorem duty on stock and securities.
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41.
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How conveyance in consideration of debt, etc., to be charged.
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42.
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Charging of consideration consisting of periodical payments.
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43.
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Further consideration in respect of substantial improvements not chargeable.
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44.
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Procedure to apply where consideration, etc., cannot be ascertained.
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45.
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Directions as to apportionment of consideration.
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46.
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Directions as to sub-sales.
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47.
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Principal instrument, how to be ascertained.
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48.
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Stamp duty and value-added tax.
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Chapter 3
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Conveyances on any occasion except sale or mortgage
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49.
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Certain transfers, etc., not sales or mortgages, deemed to be conveyances.
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Chapter 4
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Leases
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50.
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Agreements for not more than 35 years charged as leases.
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51.
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Leases how to be charged in respect of produce, etc.
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52.
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Charging of duty on leases, etc.
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53.
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Lease combined with building agreement for dwellinghouse or apartment.
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54.
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Leases deemed to operate as voluntary dispositions inter vivos.
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55.
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Procedure to apply where consideration, etc., cannot be ascertained.
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56.
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Stamp duty and value-added tax.
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Chapter 5
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Mortgages, etc.
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57.
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Charging of duty on mortgages, etc.
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58.
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Security for future advances, how to be charged.
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Chapter 6
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Policies of Insurance
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59.
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Penalty for policy of insurance not duly stamped.
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60.
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Short-term life insurance policies.
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61.
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Location of insurance risk for stamp duty purposes.
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62.
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Limitation of stamp duty on certain instruments relating to 2 or more distinct matters.
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Chapter 7
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Releases or renunciations of any property, or of any right or interest in any property
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63.
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Letters of renunciation.
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Chapter 8
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Share Warrants and Stock Certificates to Bearer, etc.
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64.
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Instruments passing by delivery in pursuance of usage.
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65.
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Penalty for issuing share warrant not duly stamped.
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66.
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Penalty for issuing stock certificate not duly stamped, etc.
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Chapter 9
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Surrenders of any property, or of any right or interest in any property
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67.
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Surrender and merger of leasehold interests.
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PART 6
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Special Provisions Relating to Uncertificated Securities
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68.
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Interpretation (Part 6).
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69.
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Operator-instruction deemed to be an instrument of conveyance or transfer.
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70.
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Rate of duty.
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71.
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Application and adaptation of other Parts of this Act.
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72.
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Collection and payment of duty.
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73.
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Exemptions.
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74.
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Exemption for market makers.
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75.
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Relief for member firms.
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76.
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Obligations of system-members.
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77.
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Overpayment of duty.
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78.
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Regulations.
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PART 7
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Exemptions and Reliefs from Stamp Duty
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Chapter 1
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Instruments which must be presented to the Commissioners for adjudication in order to obtain exemption or relief
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79.
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Conveyances and transfers of property between certain bodies corporate.
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80.
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Reconstructions or amalgamations of companies.
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81.
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Young trained farmers.
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82.
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Charities.
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83.
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Instruments given by means of security to company by subsidiary.
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Chapter 2
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Other instruments
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84.
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Repayment of stamp duty on certain transfers of shares.
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85.
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Certain loan capital and securities.
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86.
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Certain loan stock.
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87.
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Stock borrowing.
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88.
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Certain stocks and marketable securities.
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89.
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Foreign Government securities.
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90.
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Certain financial services instruments.
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91.
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New dwellinghouses and apartments with floor area certificate.
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92.
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New dwellinghouses and apartments with no floor area certificate.
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93.
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Houses acquired from industrial and provident societies.
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94.
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Purchase of land from Land Commission.
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95.
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Commercial woodlands.
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96.
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Transfers between spouses.
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97.
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Certain transfers following the dissolution of a marriage.
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98.
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Foreign immovable property.
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99.
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Dublin Docklands Development Authority.
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100.
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Temple Bar Properties Limited.
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101.
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Community and international trade marks.
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102.
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The Alfred Beit Foundation.
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103.
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Shared ownership leases.
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104.
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Licences and leases granted under Petroleum and Other Minerals Development Act, 1960, etc.
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105.
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Securitisation agreements.
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106.
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Housing Finance Agency.
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107.
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Certain mortgages of stock.
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108.
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National Treasury Management Agency, etc.
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109.
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Certain instruments made in anticipation of a formal insurance policy.
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110.
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Certain health insurance contracts.
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111.
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Oireachtas funds.
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112.
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Certificates of indebtedness, etc.
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113.
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Miscellaneous instruments.
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PART 8
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Companies Capital Duty
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114.
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Interpretation (Part 8).
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115.
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Restriction of application (Part 8).
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116.
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Charge of stamp duty.
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117.
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Statement to be charged with stamp duty.
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118.
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Amount on which stamp duty chargeable.
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119.
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Reconstructions or amalgamations of capital companies.
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120.
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Exemption for certain companies.
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121.
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Appeals in certain cases.
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122.
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Recovery of stamp duty and furnishing of information.
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PART 9
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Levies
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123.
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Cash cards.
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124.
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Credit cards and charge cards.
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125.
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Certain premiums of insurance.
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126.
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Certain statements of interest.
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PART 10
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Enforcement
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127.
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Terms on which instruments not duly stamped may be received in evidence.
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128.
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Rolls, books, etc., to be open to inspection.
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129.
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Penalty for enrolling, etc., instrument not duly stamped, etc.
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130.
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Assignment of policy of life insurance to be stamped before payment of money assured.
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131.
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Conditions and agreements as to stamp duty void.
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132.
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Application of section 962 of Taxes Consolidation Act, 1997.
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133.
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Application of certain provisions relating to penalties under Taxes Consolidation Act, 1997.
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134.
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Evidence in proceedings for recovery of stamp duty, etc.
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PART 11
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Management Provisions
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Chapter 1
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Interpretation, Application and Care and Management
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135.
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Interpretation (Part 11).
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136.
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Application (Part 11).
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137.
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Stamp duties under care and management of the Commissioners
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Chapter 2
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Mode of recovering money received for duty
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138.
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Moneys received for duty and not appropriated to be recoverable in High Court.
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Chapter 3
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Offences
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139.
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Certain offences in relation to dies and stamps provided by the Commissioners to be offences.
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140.
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Proceedings for detection of forged dies, etc.
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141.
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Proceedings for detection of stamps stolen or obtained fraudulently.
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142.
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Licensed person in possession of forged stamps to be presumed guilty until contrary is shown.
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143.
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Mode of proceeding when stamps are seized.
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144.
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Defacement of adhesive stamps.
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145.
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Penalty for frauds in...
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