Tax Appeals Commission determination 115TACD2022 regarding Stamp Duty, 2022

• Administrative Decision Number: 115TACD2022
• Year: 2022
• Date: 01 January 2024
• Subject Matter: Stamp Duty
• Respondent: THE REVENUE COMMISSIONERS

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115TACD2022

Between:

Appellant

and

THE REVENUE COMMISSIONERS

Respondent

_________________________________________________

Determination

_________________________________________________

Introduction

1. This matter comes before the Tax Appeal Commission (hereinafter “the Commission”) as

a decision by the Revenue Commissioners (hereinafter the “Respondent”) on 12th April

2018 in relation to the stamp duty chargeable on Dees of Transfer / Assignment.

2. The total amount of tax at issue is €72,250.

3. The oral hearing took place before the Commissioner on 25th May 2022. Mr

(hereinafter the “Appellant”) was represented by a solicitor. Counsel appeared on behalf

of the Respondent. The Commissioner heard evidence and submissions on behalf of the

Appellant and submissions on behalf of the Respondent.

Background

4. The Appellant is a businessman who owned 10 properties (hereinafter the “Properties”)

either jointly or as tenants in common with his brother as follows:

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i. , Cork County Cork held by the Appellant and his brother as

tenants in common (hereinafter “Property 1”);

ii. Cork held by the Appellant and his brother as tenants in common

(hereinafter “Property 2”);

iii. Cork held by the Appellant and his brother as tenants in

common (hereinafter “Property 3”);

iv. Cork held by the Appellant and his brother as

joint tenants (hereinafter “Property 4”);

v. Cork held by the Appellant and his brother as tenants in common

(hereinafter “Property 5”);

vi. , Cork held by the Appellant and his brother as tenants in

common (hereinafter “Property 6”);

vii. , Cork held by the Appellant and his brother as joint tenants

(hereinafter “Property 7”);

viii. , Cork held by the Appellant and his brother as tenants in common

(hereinafter “Property 8”);

ix. , Cork held by the Appellant and his brother as tenants in common

(hereinafter “Property 9”);

x. , Cork held by the Appellant and his brother as joint

tenants (hereinafter “Property 10”);

5. In or around 2009 the Appellant and his brother had charged the Properties to

which said charges were transferred to DAC

(hereinafter the “Mortgagee”) in or around November 2014.

6. In March 2015 the Mortgagee appointed and

(hereinafter the “Receivers”) as receivers over the Properties.

7. Subsequent to the appointment of the Receivers the Appellant secured finance facilities

from DAC to purchase the Properties.

8. On 17th October 2017 the Appellant and his brother as “Vendors” of the first part, the

Receivers of the second part and the Appellant as “Purchaser” of the third part entered

into Deeds of Transfer / Deeds of Assignment (hereinafter the “Instruments”) for the

Properties for the following amounts:

i. Property 1: €1,980,000.00 non-residential property

ii. Property 2: €1,700,000.00 non-residential property

iii. Property 3: €30,000.00 non-residential property

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iv. Property 4: €550,000.00 residential and €1,100,000.00 non-residential

v. Property 5: €755,000.00 non residential

vi. Property 6: €20,000.00 non-residential

vii. Property 7: €450,000.00 non-residential

viii. Property 8: €300,000.00 non-residential

ix. Property 9: €15,000.00 non-residential

x. Property 10: €600,000.00 non-residential

9. On 6th November 2017 ten stamp duty returns were filed with the Respondent by

Solicitors, acting for DAC, in respect of the ten deeds of

conveyance or transfers of property to the Appellant for the following amounts totalling

€72,250.00 and representing stamp duty on 50% of the consideration paid by the

Appellant under the said Instruments:

i. Property 1: €19,800.00 non-residential

ii. Property 2: €17,000 non-residential

iii. Property 3: €300.00 non-residential

iv. Property 4: €2,750.00 residential and €11,000.00 non-residential

v. Property 5: €7,550.00 non residential

vi. Property 6: €200.00 non-residential

vii. Property 7: €4,500.00 non-residential

viii. Property 8: €3,000.00 non-residential

ix. Property 9: €150.00 non-residential

x. Property 10: €6,000.00 non-residential

10. The “Expression of Doubt” box was ticket on each of these stamp duty returns and by

letter dated 17th November 2017 Solicitors, acting for

DAC set out the doubt as follows:

“Our Client: DAC

Borrower: (the “Borrower”)