Stamps Administration

Table of Contents

STAMP DUTIES CONSOLIDATION ACT 1999

Instruments to be separately charged with duty in certain cases.

Except where express provision to the contrary is made by this or any other Act –

(a)an instrument containing or relating to several distinct matters shall be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of the matters;

(b)an instrument made for any consideration in respect of which it is chargeable with ad valorem duty, and also for any further or other valuable consideration or considerations, shall be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of the considerations;

(c)without prejudice to the generality of paragraphs (a) and (b), where the consideration (other than rent) for the sale or lease of any property is partly attributable to residential property and partly attributable to property which is not residential property the instrument of conveyance or transfer or lease shall be chargeable to ad valorem stamp duty on the basis that it is a separate conveyance or transfer or lease of residential property to the extent that that consideration is attributable to residential property and also a separate conveyance or transfer or lease of property which is not residential property to the extent that that consideration is attributable to property which is not residential property.

Facts and circumstances affecting duty to be set forth in instruments, etc.

(1)Except as provided for in this section, all the facts and circumstances affecting the liability of any instrument to duty, or the amount of the duty with which any instrument is chargeable, are to be fully and truly set forth in the instrument.

(2)Where it is not practicable to set out all the facts and circumstances, to which subsection (1) refers, in an instrument, additional facts and circumstances which –

(a)affect the liability of such instrument to duty,

(b)affect the amount of the duty with which such instrument is chargeable, or

(c)may be required from time to time by the Commissioners,

are to be fully and truly set forth in a statement which shall be delivered to the Commissioners together with such instrument and the form of any such statement may from time to time be prescribed by the Commissioners; but where the instrument is stamped by means of the e-stamping system and subject to the Commissioners making regulations under section 17A in relation to when a statement is required to be delivered to them, then such statement is not required to be delivered but only if the evidence in relation to all the facts and circumstances, affecting the chargeability of the instrument to duty, are retained by the accountable person for a period of 6 years from the date the instrument is stamped and are made available to the Commissioners on request.

(3)Any person who before the passing of the Finance (No. 2) Act 2008 –

(a)fraudulently or negligently executes any instrument, or

(b)being employed or concerned in or about the preparation of any instrument, fraudulently or negligently prepares any such instrument,

in which all the facts and circumstances affecting the liability of such instrument to duty, or the amount of the duty with which such instrument is chargeable, are not fully and truly set forth in the instrument or in any statement to which subsection (2) relates, shall incur a penalty of –

(i)€1,265, and

(ii)the amount of the difference between –

(I)the amount of duty payable in respect of the instrument based on the facts and circumstances set forth and delivered, and

(II)the amount of duty which would have been the amount so payable if the instrument and any accompanying statement had fully and truly set forth all the facts and circumstances referred to in subsections (1) and (2).

(4)Where any instrument was executed neither fraudulently nor negligently by a person and it comes to such person’s notice, or it would have come to such person’s notice, if such person had taken reasonable care, that such instrument or any statement to which subsection (2) relates does not fully and truly set forth all those facts and circumstances then, unless the Commissioners are informed of the error without unreasonable delay, such matter shall be treated, for the purposes of subsection (3), as having been negligently done by such person.

(4A)Any person who, on or after the passing of the Finance (No. 2) Act 2008, being employed or concerned in or about the preparation of any instrument, prepares any such instrument in which all the facts and circumstances, of which the person is aware, affecting the liability of such instrument to duty, or the amount of the duty with which such instrument is chargeable, are not fully and truly set forth in the instrument or in any statement to which subsection (2) relates, shall incur a penalty of €3,000.

(5)Where an instrument operates, or is deemed to operate, as a voluntary disposition inter vivos under section 30 or 54 such fact shall be brought to the attention of the Commissioners in the electronic return or the paper return to be delivered in relation to an instrument required to be stamped and where the requirement of this subsection is not complied with an accountable person shall, for the purposes of subsection (3) of this section or section 134A(2) (a), as the case may be, be presumed, until the contrary is proven, to have acted negligently or deliberately, as the case may be.

(6)[deleted]

(7)[deleted]

8A.

Penalties: returns.

Where, in relation to an instrument, an approved person, authorised person or a filer, as the case may be, delivers an electronic return or a paper return, to the Commissioners which does not reflect the facts and circumstances of which the person is aware, affecting the liability of such instrument to duty or the amount of the duty with which such instrument is chargeable that are required by the Commissioners to be disclosed on such return, then such person shall incur a penalty of €3,000.

8B. Penalties: failure to deliver returns.
Where an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument within the time specified in section 2(3), the accountable person or, where there is more than one accountable person, each accountable person shall incur a penalty of €3,000.

8C.

Expression of doubt.

(1)In this section –

‘the law’ has the meaning assigned to it by subsection (2);

‘letter of expression of doubt’ means a communication received in legible form which –

(a)sets out full details of the facts and circumstances affecting the liability of an instrument to stamp duty, and makes reference to the provisions of the law giving rise to the doubt,

(b)identifies the amount of stamp duty in doubt in respect of the instrument to which the expression of doubt relates,

(c)is accompanied by supporting documentation as relevant, and

(d)is clearly identified as a letter of expression of doubt for the purposes of this section,

and reference to ‘an expression of doubt’ shall be construed accordingly.

(2)

(a)Subject to paragraph (b), where, in relation to an instrument, an accountable person is in doubt as to the correct application of any enactment relating to stamp duty (in this section referred to as ‘the law’) to an instrument which could –

(i)give rise to a liability to stamp duty by that person, or

(ii)affects that person’s liability to stamp duty or entitlement to an exemption or a relief from stamp duty,

then the accountable person may lodge a letter of expression of doubt with the Commissioners in such manner as the Commissioners may require.

(b)This subsection shall apply only if both –

(i)the electronic return or the paper return, and

(ii)the expression of doubt referred to in paragraph (a),

are delivered to the Commissioners before the expiration of 30 days after the instrument is first executed.

(3)Subject to subsection (4), where an accountable person causes an electronic return or a paper return to be delivered to the Commissioners and lodges an expression of doubt relating to the instrument in accordance with this section, then interest calculated in accordance with section 159D shall not apply to any additional stamp duty arising where the Commissioners notify the person of the correct application of the law to that instrument and the return will not be deemed to be an incorrect return if an amended return, which includes an assessment to be substituted for an earlier assessment, is delivered and the additional duty is paid within 30 days of the date on which that notification is issued.

(4)Subsection (3) does not apply where the Commissioners do not accept as genuine an expression of doubt in relation to the correct application of the law to an instrument, and an expression of doubt shall not be accepted as genuine in particular where the Commissioners –

(a)have issued general guidelines concerning the application of the law in similar circumstances,

(b)are of the opinion that the matter is otherwise sufficiently free from doubt as not to warrant an expression of doubt, or

(c)are of the opinion that the accountable person was acting with a view to the evasion or avoidance of duty.

(5)Where the Commissioners do not accept an expression of doubt as genuine, they shall notify the accountable person accordingly and the accountable person shall, on receipt of the notification, cause an amended return that includes an assessment to be substituted for an earlier assessment to be delivered and the additional duty to be paid together with any interest payable calculated in accordance with section 159D.

(6)An accountable person aggrieved by a decision of the Commissioners under subsection (5) that the accountable person’s expression of doubt is not genuine may appeal the decision to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notice of that decision.

Mode of calculating ad valorem duty in certain cases.

Where an instrument is chargeable with ad valorem duty in respect of money in any currency other than the currency of the State, such duty shall be calculated on the value of that money in the currency of the State according to the rate of exchange current at the date of execution of such instrument.

10.

Adhesive stamps.

(1)Any stamp duties on instruments which are permitted by law to be denoted by adhesive stamps shall, if denoted by adhesive stamps, be denoted by adhesive stamps issued by the Commissioners.

(2)An instrument, the duty on which is required or permitted by law to be denoted by an adhesive stamp, shall not be deemed duly stamped with an adhesive stamp, unless the person required by law to cancel the adhesive stamp cancels the same by writing on or across the stamp his or her name or initials, or the name or initials of his or her firm, together with the true date of his or her so writing, or otherwise effectively cancels the stamp and renders the same incapable of being used for any other instrument or unless it is otherwise proved that the stamp appearing on the instrument was affixed to the instrument at the proper time.

(3)Where 2 or more adhesive stamps are used to denote the stamp duty on an instrument, each or every stamp shall be cancelled in the manner set out in subsection (2).

(4)Every person who, being required by law to cancel an adhesive stamp, neglects or refuses duly and effectually to do so in the manner set out in subsection (2), shall incur a penalty of €630.

(5)If any person –

(a)fradulently removes or causes to be removed from any instrument any adhesive stamp, or affixes to any other instrument any adhesive stamp which has been so removed, with intent that the stamp may be used again, or

(b)sells or offers for sale, or utters, any adhesive stamp which has been so removed, or utters any instrument, having any adhesive stamp on it which has to such person’s knowledge been removed in the manner specified in paragraph (a),

such person shall, without prejudice to any other fine or penalty to which that person may be liable, be guilty of an offence and section 1078 (which relates to revenue offences) of the Taxes Consolidation Act, 1997, shall for the purposes of such offence be construed in all respects as if such offence were an offence under subsection (2) of that section.

11.

Denoting stamps.

Where the duty with which an instrument is chargeable depends in any manner on the duty paid on another instrument, the payment of the last-mentioned duty shall, on application to the Commissioners and production of both the instruments, be denoted on the first-mentioned instrument in such manner as the Commissioners think fit.

12.

Particulars delivered stamps.

(1)In this section “fee simple”, “interest”, “land” and “lease” have the same meanings, respectively, as in section 41 of the Finance (1909-10) Act, 1910, and references to a “transferee” or a “lessee” include the personal representatives of any transferee or lessee.

(2)It shall be the duty of the transferee or lessee, on the occasion of any transfer of the fee simple of any land or of any interest in land or on the grant of any lease of any land for a term exceeding 14 years (whether the transfer or lease is on sale or operates as a voluntary disposition inter vivos), to present to the Commissioners such particulars in relation to such class or category of transfer or lease as they may prescribe by regulations and, without prejudice to the generality of the foregoing, the regulations may make provision in relation to all or any of the following matters:

(a)the form in which the particulars are to be delivered;

(b)the time limits within which the particulars are to be delivered;

(c)the manner in which the land is to be described or classified;

(d)the furnishing of tax reference numbers of the parties to the instrument.

(3)Notwithstanding anything in section 20 or 127, any transfer or lease (not being a duplicate or counterpart of a transfer or lease) to which regulations made pursuant to subsection (2) apply shall not, other than in criminal proceedings or in civil proceedings by the Commissioners to recover stamp duty, be given in evidence, or be available for any purpose unless it is stamped with a stamp denoting that all particulars prescribed by the Commissioners have been delivered.

(4)If the transferee or lessee fails to comply with this provision, such person shall be guilty of an offence and section 1078 (which relates to revenue offences) of the Taxes Consolidation Act, 1997, shall for the purposes of such offence be construed in all respects as if such offence were an offence under subsection (2) of that section.

(5)Subsection (2) does not apply where the transfer or lease concerned is effected by an instrument which has been stamped, or is not required under Regulations made pursuant to section 17A to be stamped, by means of the e-stamping system.

13.

Duplicates and counterparts.

The duplicate or counterpart of an instrument chargeable with duty (except the counterpart of an instrument chargeable as a lease, such counterpart not being executed by or on behalf of any lessor or grantor,) shall not be deemed duly stamped unless –

(a)it is stamped as an original instrument, or

(b)it appears by some stamp impressed on it that the full and proper duty has been paid on the original instrument of which it is the duplicate or counterpart.

14.

Penalty on stamping instruments after execution.

(1)Except where express provision is in this Act made, any instrument which is unstamped or insufficiently stamped may be stamped after the expiration of the time for stamping provided for in subsection (3) of section 2, on payment of the unpaid duty and on payment, where the unpaid duty exceeds €30, of interest on such duty, calculated in accordance with section 159D, from the day on which that instrument was first executed to the day of payment of the unpaid duty.

(2)[deleted]

(2A)[deleted]

(3)[deleted]

(4)The payment of any interest payable on stamping shall be denoted on the instrument by a particular stamp or by way of inclusion in a stamp certificate issued in respect of that instrument.

(5)[deleted]

14A.

Late filing of return.

(1)In this section ‘specified return date’ means the thirtieth day after the date of the first execution of an instrument chargeable with duty.

(2)For the purposes of this section –

(a)where an accountable person deliberately or carelessly causes the delivery of an incorrect electronic return or a paper return on or before the specified return date, that person shall be deemed to have failed to have delivered the return on or before that date unless the error in the return is remedied by the delivery of a correct return on or before that date,

(b)where an accountable person causes the delivery of an incorrect electronic return or a paper return on or before the specified return date, but does so neither deliberately nor carelessly and it comes to that person’s notice (or, if he or she has died, to the notice of his or her personal representative) that it is incorrect, the person shall be deemed to have failed to have delivered the return on or before the specified return date unless the error in the return is remedied by the delivery of a correct return without unreasonable delay, and

(c)where an accountable person causes the delivery of an electronic return or a paper return on or before the specified return date, but the Commissioners, by reason of being dissatisfied with any information contained in the return, require that person, by notice in writing served on him or her, to deliver a statement or evidence, or further statement or evidence, as may be required by them, the person shall be deemed not to have delivered the return on or before the specified return date unless the person delivers the statement or evidence, or further statement or evidence, within the time specified in any notice.

(3)Where an accountable person fails to cause the delivery of an electronic return or a paper return in relation to an instrument on or before the specified return date, any amount of stamp duty chargeable which, apart from this section, is contained in an assessment of stamp duty made under section 20 shall be increased by an amount (in this subsection referred to as a ‘surcharge’) equal to –

(a)5 per cent of that amount of duty, subject to a maximum surcharge of €12,695, where the return is delivered before the expiry of 2 months from the specified return date, and

(b)10 per cent of that amount of duty, subject to a maximum surcharge of €63,485, where the return is not delivered before the expiry of 2 months from the specified return date.

15. Surcharges for undervaluation in case of voluntary dispositions inter vivos.
Deleted from 7 July 2012
(1)Where an instrument operates or is deemed to operate as a voluntary disposition inter vivos by operation of section 30 or 54 and the statement of value of such property, or in the case of a lease the minimum amount or value referred to in section 54, provided to the Commissioners under subsection (5) of section 8 (in this section referred to as the “submitted value”) is less than the value of the property as agreed with, or ascertained by, the Commissioners, subject to the right of appeal under section 21, (in this section referred to as the “ascertained value”) then, as a penalty, the duty chargeable on the conveyance or transfer, or lease, shall be increased by an amount (in this section referred to as the “surcharge”) calculated according to the following provisions:

(a)subject to subsection (2), where the submitted value is less than the ascertained value by an amount which is greater than 15 per cent of the ascertained value but not greater than 30 per cent of the ascertained value, a surcharge equal to 25 per cent of the total duty chargeable on the instrument;

(b)where the submitted value is less than the ascertained value by an amount which is greater than 30 per cent of the ascertained value but not greater than 50 per cent of the ascertained value, a surcharge equal to 50 per cent of the total duty chargeable on the instrument;

(c)where the submitted value is less than the ascertained value by an amount which is greater than 50 per cent of the ascertained value, a surcharge equal to the total duty chargeable on the instrument.

(2)No surcharge shall be chargeable under paragraph (a) of subsection (1) where the difference between the submitted value and the ascertained value is less than €6,350.

(3)Where a statement of value, or in the case of a lease the minimum amount or value referred to in section 54, is not provided in accordance with subsection (5) of section 8, then the liability of an instrument to a surcharge under this section may be ascertained by the Commissioners by the substitution of the consideration, other than rent in the case of lease, stated in the instrument for the submitted value.

16. Surcharges to apply when apportionment is not just and reasonable.
Deleted from 7 July 2012
(1)In this section “residential consideration” means –
(a)in the case of a sale to which section 45(2)(a) refers, or a lease to which section 52(5)(a) refers, the amount or value of the consideration for the sale or lease which is deemed to be attributable to residential property, and
(b)in the case of a sale to which section 45(2)(b) refers, or a lease to which section 52(5)(b) refers, the amount or value of the aggregate consideration (within the meaning of section 45(2) or 52(5), respectively) which is deemed to be attributable to residential property.

(2)Where –

(a)in relation to any sale, section 45 (2) refers, an estimate (in this section referred to as the “vendor’s estimate” or as the “purchaser’s estimate”, as the case may be) of the residential consideration shall be made by the vendor and by the purchaser, and

(b)in relation to any lease, section 52 (5) refers, an estimate (in this section referred to as the “lessor’s estimate” or as the “lessee’s estimate”, as the case may be) of the residential consideration shall be made by the lessor and by the lessee,

and those estimates together with the amount or value of the aggregate consideration (within the meaning of section 45 (2) or 52(5), as appropriate) shall be brought to the attention of the Commissioners in the statement delivered under section 8 (2) and that statement shall be signed by the vendor or lessor and by the purchaser or lessee, as appropriate, and where the requirements of this subsection are not complied with any person who executes the instrument whereby that sale or lease is effected shall for the purposes of section 8(3) or 134A(2) (a), as the case may be, be presumed, until the contrary is proven, to have acted negligently or deliberately, as the case may be.

(3)Where the purchaser’s or lessee’s estimate (in this subsection referred to as the “submitted value”) is less than or greater than the residential value agreed with, or ascertained by, the Commissioners, subject to the right of appeal under section 21, (in this subsection referred to as the “ascertained value”) then, as a penalty, the duty chargeable on the instrument, shall, where an assessment of duty based on the ascertained value would result in a greater amount than an assessment based on the submitted value, be increased by an amount (in this subsection referred to as the “surcharge”) calculated according to the following provisions:

(a)where the submitted value is less than or greater than the ascertained value by an amount which is greater than 10 per cent of the ascertained value but not greater than 30 per cent of the ascertained value, a surcharge equal to 50 per cent of the difference between the duty chargeable by reference to the ascertained value and the duty chargeable by reference to the submitted value;

(b)where the submitted value is less than or greater than the ascertained value by an amount which is greater than 30 per cent of the ascertained value, a surcharge equal to the difference between the duty chargeable by reference to the ascertained value and the duty chargeable by reference to the submitted value.

(4)

(a)Notwithstanding any other provision to the contrary in this Act, the purchaser or lessee, as the case may be, shall, subject to paragraph (b), be entitled to recover from the vendor or lessor one-half of that surcharge.

(b)Where the estimate of the vendor or lessor, as the case may be, is less than or greater than the submitted value, the amount which the purchaser or lessee shall be entitled to recover from the vendor or lessor shall not exceed one-half of what the surcharge would be if the submitted value were equal to the vendor’s or lessor’s estimate.

17. Furnishing of an incorrect certificate.
Deleted from 7 July 2012
The furnishing of an incorrect certificate for the purpose of Schedule 1 shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act, 1997.

17A.

E-stamping regulations.

The Commissioners may make regulations with respect to the operation of the e-stamping system and those regulations may in particular, but without prejudice to the generality of the foregoing, include provision –

(a)for the commencement of the operation of the e-stamping system,

(b)for requiring instruments, or a specified class, or specified classes, of instruments, chargeable with stamp duty, to be stamped by means of the e-stamping system,

(c)for requiring delivery of information and the manner of its delivery in relation to the facts and circumstances affecting the chargeability of an instrument to duty,

(d)as to the making of an electronic return or a paper return and the information that is required to be included in the return, including the manner in which the information is to be entered into the e-stamping system,

(e)as to how stamp duty is to be paid to the Commissioners in respect of an instrument which is to be stamped by means of the e-stamping system,

(f)as to the issue of stamp certificates denoting in respect of an instrument –

(i)that the stamp duty chargeable on the instrument (including any interest) has been paid in accordance with the electronic return or paper return,

(ii)[deleted]

(iii)that the instrument is not chargeable with any stamp duty,

(iv)that the instrument is a duplicate or counterpart of an original instrument, or

(v)that the stamp duty with which the instrument is chargeable depends in any manner on the duty paid on another instrument,

(g)as to the issue, amendment or withdrawal of authorisations in relation to the use of the e-stamping system, and

(h)as to measures to protect the integrity of the e-stamping system.

Part 4

Adjudication and Appeals (ss. 20-21)

20.

Assessment of duty by the Commissioners.
(1)Notwithstanding subsection (2), where an electronic return or a paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that return an assessment of such amount of stamp duty that, to the best of the accountable person’s knowledge, information and belief, ought to be charged, levied and paid on the instrument and the accountable person shall pay, or cause to be paid, the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.

(2A)If at any time it appears for any reason an assessment is incorrect the Commissioners shall make such other assessment as they consider appropriate and any such assessment shall be substituted for the first-mentioned assessment.

(2)Where an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument required to be stamped by means of the e-stamping system, the Commissioners shall make an assessment of such amount of stamp duty as, to the best of their knowledge, information (including information received from a member of the Garda Síochána) and belief, ought to be charged, levied and paid on the instrument and an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.

(3)Where the Commissioners make an assessment to be substituted for another assessment, an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D.

(4)The Commissioners may require to be furnished with a copy of the instrument, together with such evidence as they may deem necessary, in order to show to their satisfaction that the instrument has been or will be correctly stamped.

(5)Every instrument stamped in conformity with an assessment made under this section shall be admissible in evidence and available for all purposes notwithstanding any objection relating to duty.

(6)An instrument which is chargeable with duty shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with an assessment.

(7)Nothing in this section shall authorise the stamping after its execution of any instrument which by law cannot be stamped after execution.

(8)The Commissioners may make such enquiries or take such actions as they consider necessary to satisfy themselves as to the accuracy of an electronic return or a paper return delivered in relation to an instrument required to be stamped.

(9)Where an amended electronic return or an amended paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that amended return an assessment to be substituted for an earlier assessment.

(10)An assessment of stamp duty shall, where subsection (3) of section 14A applies, include any surcharge within the meaning of that subsection.

21. Right of appeal of persons dissatisfied with assessment or decision.
(1)[deleted]

(2)An accountable person aggrieved by an assessment to stamp duty made on that person may appeal the assessment to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notice of assessment.

(3)No appeal may be made against –

(a)an assessment made by an accountable person, or

(b)an assessment made on an accountable person by the Commissioners, where the duty had been agreed between the Commissioners and the accountable person, or any person authorised by the accountable person in that behalf, before the making of the assessment.

(4)

(a)Where –

(i)an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument, or

(ii)the Commissioners are not satisfied with the electronic return or the paper return which has been delivered, or have received any information as to its insufficiency,

and the Commissioners make an assessment in accordance with section 20, no appeal lies against the assessment until such time as –

(I)in a case to which subparagraph (i) applies, an electronic return or a paper return is delivered to the Commissioners, and

(II)in a case to which either subparagraph (i) or (ii) applies, the accountable person pays or has paid an amount of duty on foot of the assessment which is not less than the duty which would be payable on foot of the assessment if the assessment were made in all respects by reference to the return delivered to the Commissioners.

(b)References in this subsection to an amount of duty shall be construed as including a surcharge under section 14A(3) and any amount of interest which would be due and payable on that duty, calculated in accordance with section 159D, at the date of payment of the duty, together with any costs incurred or other amounts which may be charged or levied in pursuing the collection of the duty contained in the assessment.

(5)[deleted]

(6)[deleted]

(7)[deleted]

(8)Notwithstanding subsection (2) –

(a)any person dissatisfied with any decision of the Commissioners as to the value of any land for the purpose of an assessment under this Act may appeal against such decision in the manner prescribed by section 33 (as amended by the Property Values (Arbitrations and Appeals) Act 1960) of the Finance (1909-10) Act 1910, and so much of Part I of that Act as relates to appeals shall apply to an appeal under this subsection;

(b)an appeal shall not lie under subsection (2) on any question relating to the value of any land.

(9)In default of an appeal, in accordance with section 949I of the Taxes Consolidation Act 1997 or section 121, as the case may be, being made by an accountable person to whom a notice of assessment has been given, the assessment made on the person shall be final and conclusive.

(10)An assessment that is otherwise final and conclusive shall not, for any purpose of this Act, be regarded as not final and conclusive or as ceasing to be final and conclusive by reason only of the fact that a Revenue officer has amended, or may amend, the assessment.

Part 10

Enforcement

(ss. 127-134A)

127.

Terms on which instruments not duly stamped may be received in evidence.

(1)On the production of an instrument chargeable with any duty as evidence in any court of civil judicature in any part of the State, or before any arbitrator or referee, notice shall be taken by the judge, arbitrator, or referee of any omission or insufficiency of the stamp on the instrument, and if the instrument is one which may legally be stamped after execution, it may, on payment to the officer of the court whose duty it is to read the instrument, or to the arbitrator or referee, of the amount of the unpaid duty, including any surcharge incurred under section 14A(3), and interest payable on stamping the same, be received in evidence, saving all just exceptions on other grounds.

(2)The officer, or arbitrator, or referee receiving the duty, including any surcharge incurred under section 14A(3), and interest shall give a receipt for the same, and make an entry in a book kept for that purpose of the payment and of the amount of the payment, and shall communicate to the Commissioners the name or title of the proceeding in which, and of the party from whom, the officer, or arbitrator, or referee, as the case may be, received the duty, including any surcharge incurred under section 14A(3), and interest and the date and description of the instrument, and shall pay over to such person as the Commissioners may appoint the money received by such officer, arbitrator or referee, as the case may be, for the duty, including any surcharge incurred under section 14A(3), and interest.

(3)On production to the Commissioners of any instrument on which any duty, including any surcharge incurred under section 14A(3), and interest has been paid under subsection (1), together with the receipt, and an electronic return or a paper return has been delivered to the Commissioners, the Commissioners shall treat the duty, including any surcharge incurred under section 14A(3), and interest as paid in the e-stamping system.

(4)Except as provided for in this section, an instrument executed in any part of the State, or relating, wherever executed, to any property situated, or to any matter or thing done or to be done, in any part of the State, shall not, except in criminal proceedings or in civil proceedings by the Commissioners to recover stamp duty, be given in evidence, or be available for any purpose, unless it is not chargeable with duty or it is duly stamped in accordance with the law in force at the time when it was first executed.

(5)For the purposes of subsection (4), an instrument that has been stamped by means of the e-stamping system is deemed to have been duly stamped notwithstanding any objection relating to duty.

128.

Rolls, books, etc., to be open to inspection.

(1)In this section “document” includes –
(a)any instrument, roll, book or record,
(b)any record of an entry in a document, and
(c)any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form.

(2)Subject to subsection (3), any person who is a party to any instrument, or who has in his or her custody or under his or her control any document, the inspection of which may tend to secure any duty, or to prove or lead to the discovery of any fraud, negligence, or omission in relation to any duty shall, within 14 days of a request by means of a notice in writing from the Commissioners –

(a)provide such information as the Commissioners deem necessary, and

(b)permit any person authorised by the Commissioners, to inspect any such document and to take such notes, extracts, prints, printouts and copies as such person may deem necessary,

and in case of refusal to so provide or permit by the first-mentioned person, that refusal shall be deemed to constitute a failure by that person to comply with subparagraph (iv) of paragraph (g) of subsection (2) of section 1078 of the Taxes Consolidation Act, 1997, and if the refusal continues after conviction such person shall be guilty of a further offence on every day on which the refusal continues and for each such offence such person shall be liable to a fine not exceeding €125.

(3)It shall be a good defence in a prosecution for an offence under subsection (2) for the accused to show that the accused is required or entitled by law to refuse the request of the Commissioners.

128A.

Obligation to retain records.

(1)In this section –

‘records’ includes books, accounts, documents and any other data maintained manually or by any electronic, photographic or other process, relating to –

(a)a liability to stamp duty, and

(b)a relief or any exemption claimed under any provision of this Act.

‘relevant person’ means –

(a)an accountable person, or

(b)a person that is required to deliver a statement to the Commissioners under Part 9;

‘return’ means –

(a)an electronic return,

(b)a paper return, or

(c)any statement that is required to be delivered to the Commissioners under Part 9.

(2)Every relevant person shall retain, or cause to be retained on his or her behalf, records of the type referred to in subsection (1) as are required to enable –

(a)a true return to be made for the purposes of this Act, and

(b)a claim to a relief or an exemption under any provision of this Act to be substantiated.

(3)Any records required to be retained by virtue of this section shall be retained –

(a)in its written form, or

(b)subject to section 887 (2) of the Taxes Consolidation Act 1997, by means of any electronic, photographic or other process.

(4)Records retained for the purposes of subsections (2) and (3) shall be retained by the person required to retain the records for a period of 6 years commencing on the later of –

(a)the date a return was delivered to the Commissioners, or

(b)the date that the duty was paid to the Commissioners.

(5)Any person who fails to comply with subsection (2), (3) or (4) in respect of the retention of any records relating to a liability to stamp duty, or a relief or an exemption, is liable to a penalty of €3,000.

128B.

Power of inspection.

(1)In this section –

‘authorised officer’ means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;

’employee’ means an employee who by virtue of his or her employment is in a position to, or to procure –

(a)the production of the books, records or other documents,

(b)the furnishing of information, explanations and particulars, and

(c)the giving of all assistance, to an authorised officer, as may be required under subsection (3);

‘records’ has the same meaning as in section 128A;

‘relevant person’ means –

(a)an accountable person, or

(b)a person that is required to deliver a statement to the Commissioners under Part 9, and, where records are retained on behalf of a person referred to in paragraph (a) or (b), as the case may be, a person who retains the records;

‘return’ means –

(a)an electronic return,

(b)a paper return, or

(c)any statement that is required to be delivered to the Commissioners under Part 9.

(2)An authorised officer may at all reasonable times enter any premises or place of business of a relevant person for the purpose of auditing a return.

(3)An authorised officer may require a relevant person or an employee of the relevant person to produce records or other documents and to furnish information, explanations and particulars and to give all assistance, which the authorised officer reasonably requires for the purposes of his or her audit under subsection (2).

(4)An authorised officer may take extracts from or copies of all or any part of the records or other documents or other material made available to him or her or require that copies of records or other documents be made available to him or her, in exercising or performing his or her powers or duties under this section.

(5)An authorised officer when exercising or performing his or her powers or duties under this section shall, on request, produce his or her authorisation for the purposes of this section.

(6)An employee of a relevant person who fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer’s powers or duties under this section shall be liable to a penalty of €1,265.

(7)A relevant person who fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer’s powers or duties under this section shall be liable to a penalty of €19,045 and if that failure continues a further penalty of €2,535 for each day on which the failure continues.

129.

Penalty for enrolling, etc., instrument not duly stamped, etc.

(1)If any person whose office it is to enrol, register, or enter in or on any rolls, books, or records any instrument chargeable with duty, enrols, registers, or enters any such instrument not being duly stamped, such person shall incur a penalty of €630.

(2)A bill of sale which is chargeable to stamp duty shall not be registered under any Act for the time being in force relating to the registration of bills of sale unless the original, duly stamped, is produced to the proper officer.

130.

Assignment of policy of life insurance to be stamped before payment of money assured.

(1)No assignment of a policy of life insurance which is chargeable to stamp duty shall confer on the assignee named in that assignment, the assignee’s executors, administrators, or assigns, any right to sue for the moneys assured or secured by the policy, or to give a valid discharge for the moneys, or any part of the moneys, unless the assignment is duly stamped, and no payment shall be made to any person claiming under any such assignment unless the same is duly stamped.

(2)If any payment is made in contravention of this section, the stamp duty not paid on the assignment, together with the interest and penalty payable on stamping the same, shall be a debt due to the Minister for the benefit of the Central Fund from the person by whom the payment is made and shall be payable to the Commissioners and may (without prejudice to any other mode of recovery of the duty or of the interest and penalty payable on stamping) be sued for and recovered by action, or other appropriate proceeding, at the suit of the Attorney General in any court of competent jurisdiction.

131.

Conditions and agreements as to stamp duty void.

Deleted from 27 March 2013
Every condition of sale framed with the view of precluding objection or requisition on the ground of absence or insufficiency of stamp on any instrument and every contract, arrangement, or undertaking for assuming the liability on account of absence or insufficiency of stamp on any such instrument or indemnifying against such liability, absence, or insufficiency, shall be void.

132. Application of section 962 of Taxes Consolidation Act, 1997.
Repealed from 1 March 2009
Section 962 of the Taxes Consolidation Act, 1997, shall, subject to any necessary modifications, apply to stamp duty in the same manner as it applies to income tax and where that section 962 is exercised with regard to stamp duty it shall be exercised as if stamp duty was a tax to be collected and levied by the Collector-General.

133.

Application of certain provisions relating to penalties under Taxes Consolidation Act, 1997.

Sections 987(4), 1061, 1062, 1063, 1064, 1066 and 1068 of the Taxes Consolidation Act, 1997, shall, with any necessary modifications, apply to a fine or penalty under –

(a)this Act, or

(b)any other enactment providing for fines or penalties in relation to stamp duty,

as if the fine or penalty were a penalty under the Income Tax Acts, and section 22 of the Inland Revenue Regulation Act, 1890, shall not apply in a case to which any of those sections of the Taxes Consolidation Act, 1997, apply by virtue of this section.

134. Evidence in proceedings for recovery of stamp duty, etc.
Repealed from 1 March 2009
(1)In any proceedings in the Circuit Court or the District Court for or in relation to the recovery of stamp duty, additional stamp duty or penalty relating to such duty, an affidavit duly made by an officer of the Commissioners deposing to any of the following matters –

(a)that the assessment of duty was duly made,

(b)that the assessment has become final and conclusive,

(c)that the duty or any specified part of the duty is due and outstanding,

(d)that demand for the payment of the duty has been duly made,

shall be evidence until the contrary is proved of the matters so deposed to.

(2)Where the averments in the affidavit are not disputed by the defendant or respondent, it shall not be necessary for the officer by whom such affidavit was made to attend or give oral evidence at the hearing of the proceedings nor shall it be necessary to produce or put in evidence at the hearing any register, file, book of assessment or other record relating to the duty.

(3)Where any averment in the affidavit is disputed by the defendant or respondent, the judge shall, on such terms as to costs as he or she thinks just, give a reasonable opportunity by adjournment of the hearing or otherwise for the officer by whom the affidavit was made to attend and give oral evidence in the proceedings and for any register, file, book of assessment or other record relating to the duty to be produced and put in evidence in the proceedings.

134A.

Penalties.

(1)In this section –

‘carelessly’ means failure to take reasonable care;

‘liability to duty’ means a liability to the amount of the difference specified in subsection (7), (8) or (9) arising from any matter referred to in subsections (2) and (4);

‘participant’, ‘securities settlement system’ and ‘transfer order’ have the same meaning as they have, respectively, in section 78A;

‘person’ means –

(a)for the purposes of subsections (2)(b) and (4)(b), a participant,

(b)for the purposes of subsections (2)(c) and (4)(c), an accountable person or a relevant person, as the case may be, where a return is caused to be delivered, or is delivered, to the Commissioners, and

(c)for the purposes of subsection (2)(d), an accountable person or a relevant person, as the case may be, where a return , which is required to be delivered, is not delivered to the Commissioners;

‘prompted qualifying disclosure’, in relation to a person, means a qualifying disclosure that has been made to the Commissioners or to a Revenue officer in the period between –

(a)the date on which the person is notified by a Revenue officer of the date on which an investigation or inquiry into any matter occasioning a liability to duty of that person will start, and

(b)the date that the investigation or inquiry starts;

‘qualifying disclosure’, in relation to a person, means –

(a)in relation to a penalty referred to in subsection (3), a disclosure that the Commissioners are satisfied is a disclosure of complete information in relation to, and full particulars of, all matters occasioning a liability to duty that gives rise to a penalty referred to in subsection (3), and full particulars of all matters occasioning any liability to tax that gives rise to a penalty referred to in sections 1077E(4) and 1077F(6) of the Taxes Consolidation Act 1997 (including those provisions as applied to the Capital Acquisitions Tax Consolidation Act 2003 by section 58(9)(b) of that Act), sections 116(4) and 116A(6) of the Value-Added Tax Consolidation Act 2010 and section 99C(6) of the Finance Act 2001, and

(b)in relation to a penalty referred to in subsection (5), a disclosure that the Commissioners are satisfied is a disclosure of complete information in relation to, and full particulars of, all matters occasioning a liability to duty that gives rise to a penalty referred to in subsection (5),

made in writing to the Commissioners or to a Revenue officer and signed by or on behalf of that person and that is accompanied by –

(i)a declaration, to the best of that person’s knowledge, information and belief, made in writing that all matters contained in the disclosure are correct and complete, and

(ii)a payment of the tax and duty payable in respect of any matter contained in the disclosure and the interest on late payment of that tax and duty;

‘relevant person’ means a person that is required to deliver a relevant statement;

‘relevant statement’ means a statement that is required to be delivered to the Commissioners under a provision of Part 9;

‘return’ means –

(a)an electronic return,

(b)a paper return, or

(c)a relevant statement;

‘Revenue officer’ means an officer of the Commissioners;

‘unprompted qualifying disclosure’, in relation to a person, means a qualifying disclosure that the Revenue Commissioners are satisfied has been voluntarily furnished to them –

(a)before an investigation or inquiry had been started by them or by a Revenue officer into any matter occasioning a liability to duty of that person, or

(b)where the person is notified by a Revenue officer of the date on which an investigation or inquiry into any matter occasioning a liability to duty of that person will start, before that notification.

(2)Where any person deliberately –

(a)executes any instrument in which all the facts and circumstances affecting the liability of such instrument to duty, or the amount of the duty with which such instrument is chargeable, are not fully and truly set forth in the instrument or in any statement to which section 8(2) relates,

(b)enters or causes to be entered an incorrect transfer order in a securities settlement system and such incorrect transfer order gives rise to an underpayment of duty, or results in a claim for exemption from duty to which there is no entitlement,

(c)causes an incorrect return to be delivered, or delivers an incorrect return, to the Commissioners which does not reflect all the facts and circumstances affecting the liability of such instrument or relevant statement, as the case may be, to duty or the amount of the duty with which such instrument or relevant statement is chargeable that are required by the Commissioners to be disclosed on such return, or

(d)fails to deliver or cause to be delivered a return which is required to be delivered to the Commissioners,

then that person shall incur a penalty of €1,265 and a further penalty.

(3)The further penalty referred to –

(a)in subsection (2) in relation to paragraph (a) of that subsection, shall be the amount specified in subsection (7),

(b)in subsection (2) in relation to paragraph (b) of that subsection, shall be the amount specified in subsection (8),

(c)in subsection (2) in relation to paragraph (c) of that subsection, shall be the amount specified in subsection (9), and

(d)fails to deliver or cause to be delivered an electronic return or a paper return which is required to be delivered to the Commissioners,

reduced, where the person who incurred the penalty co-operated fully with any investigation or inquiry started by the Commissioners or by a Revenue officer into any matter occasioning a liability to duty of that person, to –

(i)75 per cent of that amount where paragraph (ii) or (iii) does not apply,

(ii)50 per cent of that amount where a prompted qualifying disclosure has been made by the person, or

(iii)10 per cent of that amount where an unprompted qualifying disclosure has been made by the person.

(4)Where any person carelessly but not deliberately –

(d)fails to deliver or cause to be delivered a return which is required to be delivered to the Commissioners,

then that person shall incur a penalty of €1,265 and a further penalty.

(5)

(a)The further penalty referred to –

(i)in subsection (4) in relation to paragraph (a) of that subsection, shall be the amount specified in subsection (7),

(ii)in subsection (4) in relation to paragraph (b) of that subsection, shall be the amount specified in subsection (8), and

(iii)in subsection (4) in relation to paragraph (c) of that subsection, shall be the amount specified in subsection (9),

reduced to 40 per cent where the excess referred to in subparagraph (I) of paragraph (b) applies and to 20 per cent in other cases.

(b)Where the person who incurred the penalty co-operated fully with any investigation or inquiry started by the Commissioners or by a Revenue officer into any matter occasioning a liability to duty of that person the further penalty referred to –

(i)in subsection (4) in relation to paragraph (a) of that subsection, shall be the amount specified in subsection (7),

(ii)in subsection (4) in relation to paragraph (b) of that subsection, shall be the amount specified in subsection (8), and

(iii)in subsection (4) in relation to paragraph (c) of that subsection, shall be the amount specified in subsection (9),

reduced –

(I)where the amount of the difference referred to in subsection (7), (8) or (9), as the case may be, exceeds 15 per cent of the amount referred to in subsection (7)(b), (8)(b) or (9)(b), as the case may be, to –

(A)30 per cent of the amount of the difference (in clauses (B) and (C) referred to as ‘that amount’) where clause (B) or (C) does not apply,

(B)20 per cent of that amount where a prompted qualifying disclosure has been made by that person, or

(II)where the amount of the difference referred to in subsection (7), (8) or (9), as the case may be, does not exceed 15 per cent of the amount referred to in subsection (7)(b), (8)(b) or (9)(b), as the case may be, to –

(A)15 per cent of the amount of the difference (in clauses (B) and (C) referred to as ‘that amount’) where clause (B) or (C) does not apply,

(B)10 per cent of that amount where a prompted qualifying disclosure has been made by that person, or

(5A)

(a)The further penalty referred to in subsection (4) in relation to paragraph (d) of that subsection, shall be the amount specified in subsection (9A) reduced to 40 per cent.

(b)Where the person who incurred the penalty co-operated fully with any investigation or enquiry started by the Commissioners or by a Revenue officer into any matter occasioning a liability to duty of that person, the further penalty referred to in subsection (4) in relation to paragraph (d) of that subsection, shall be the amount specified in subsection (9A) reduced to –

(i)30 per cent of that amount where subparagraph (ii) or (iii) does not apply,

(ii)20 per cent of that amount where a prompted qualifying disclosure has been made by that person, or

(iii)5 per cent of that amount where an unprompted qualifying disclosure has been made by that person.

(6)Where any person neither deliberately nor carelessly –

(a)executes an instrument and it comes to that person’s notice that the instrument or any statement to which section 8(2) relates does not fully and truly set forth all the facts and circumstances,

(b)enters or causes to be entered an instruction in a relevant system and it comes to that person’s notice that the instruction was an incorrect instruction,

(c)causes to be delivered or delivers a return and it comes to that person’s notice that the return does not reflect all the facts and circumstances that are required by the Commissioners to be disclosed on such return, or

(d)fails to deliver or cause to be delivered a return which is required to be delivered to the Commissioners,

then, unless the error is remedied without unreasonable delay, the person shall be treated for the purposes of this section as having acted deliberately.

(7)The amount referred to in subsection (3)(a) and paragraphs (a)(i) and (b)(i) of subsection (5) shall be the amount of the difference between –

(a)the amount of duty payable in respect of the instrument based on the facts and circumstances set forth and delivered, and

(b)the amount of the duty which would have been the amount so payable if the instrument and any accompanying statement had fully and truly set forth all the facts and circumstances referred to in subsections (1) and (2) of section 8.

(8)The amount referred to in subsection (3)(b) and paragraphs (a)(ii) and (b)(ii) of subsection (5) shall be the amount of the difference between –

(a)the duty so paid (if any), and

(b)the duty which would have been payable if the instruction had been entered correctly.

(9)The amount referred to in subsection (3)(c) and paragraphs (a)(iii) and (b)(iii) of subsection (5) shall be the amount of the difference between –

(a)the amount of duty payable in respect of the instrument or relevant statement, as the case may be based on the facts and circumstances disclosed on such return, and

(b)the amount of duty that would have been the amount so payable if all the facts and circumstances affecting the liability of such instrument or relevant statement, as the case may be, to duty or the amount of the duty with which such instrument or relevant statement is chargeable, that are required to be disclosed on such return by the Commissioners, had been disclosed to them.

(9A)The amount referred to in subsection (3)(d) and in subsection (5A) is the amount of duty that would have been payable if a return had been delivered.

(10)Where a second qualifying disclosure is made by a person within 5 years of such person’s first qualifying disclosure, then as regards matters pertaining to the second disclosure –

(a)in relation to subsection (3) –

(i)paragraph (ii) shall apply as if ’75 per cent’ were substituted for ’50 per cent’, and

(ii)paragraph (iii) shall apply as if ’55 per cent’ were substituted for ’10 per cent’, and

(b)in relation to subparagraph (I) of subsection (5)(b) –

(i)clause (B) shall apply as if ’30 per cent’ were substituted for ’20 per cent’, and

(ii)clause (C) shall apply as if ’20 per cent’ were substituted for ‘5 per cent’.

(11)Where a third or subsequent qualifying disclosure is made by a person within 5 years of such person’s second qualifying disclosure, then as regards matters pertaining to the third or subsequent disclosure, as the case may be –

(a)the further penalty referred to in paragraphs (a), (b) and (c) of subsection (3) shall not be reduced, and

(b)the reduction referred to in subparagraph (I) of subsection (5)(b) shall not apply.

(12)A disclosure, in relation to a person, shall not be a qualifying disclosure where –

(a)before the disclosure is made, a Revenue officer had started an inquiry or an investigation into any matter contained in that disclosure and had contacted or notified the person, or a person representing the person, in this regard, or

(b)matters contained in the disclosure are matters –

(i)that have become known or are about to become known, to the Commissioners through their own investigations or through an investigation conducted by a statutory body or agency,

(ii)that are within the scope of an inquiry being carried out wholly or partly in public, or

(iii)to which the person who made the disclosure is linked, or about to be linked, publicly.

(13)[deleted]

(14)Subject to section 1077D(2) of the Taxes Consolidation Act 1997, proceedings for the recovery of any penalty under this section shall not be out of time by reason that they are commenced after the time allowed by section 1063 of that Act as applied by section 133.

(15)

(a)For the purposes of this subsection, the liability to duty shall include the amount calculated in accordance with subsection (9A).

(b)Where –

(i)the aggregate amount of –

(I)the liability to duty,

(II)the liability to tax (within the meaning of section 1077F(1) of the Taxes Consolidation Act 1997),

(III)the liability to tax (within the meaning of section 116A(1) of the Value-Added Tax Consolidation Act 2010),

(IV)the differences specified in subsections (5) and (5A), as appropriate, of section 58 of the Capital Acquisitions Tax Consolidation Act 2003, and

(V)the liability to tax (within the meaning of section 99C(1) of the Finance Act 2001),

does not exceed €6,000, and

(ii)but for this subsection the penalty would be reduced in accordance with subsection (5)(b) or (5A)(b) of this section, subsection (7) or (8) of section 1077F of the Taxes Consolidation Act 1997, subsection (7) or (8) of section 116A of the Value-Added Tax Consolidation Act 2010 or subsection (7) or (8) of section 99C of the Finance Act 2001, as the case may be,

then, notwithstanding subsection (4), the person shall not be liable to a penalty under this section.

Part 11

Management Provisions (ss. 135-159D)

Chapter 1 Interpretation, Application and Care and Management (ss. 135-137C)
135.

Interpretation (Part 11).

In this Part –

“duty” means any stamp duty for the time being chargeable by law;

“office of the Commissioners” means an office of the Commissioners where stamps are provided;

“officer” means officer of the Commissioners;

“stamp” is a stamp provided or to be provided by a Government Department.

136.

Application (Part 11).

This Part shall apply to all duties and to all fees which are for the time being directed to be collected or received by means of stamps.

137.

Stamp duties under care and management of the Commissioners.

All duties for the time being chargeable by law as stamp duties shall be under the care and management of the Commissioners.

137A.

Information exchange with Property Registration Authority.

(1)In this section ‘Authority’ means An tÚdarás Clárúcháin Maoine or, in the English language, the Property Registration Authority.

(2)The Authority shall, at such intervals as are specified by the Revenue Commissioners, supply to the Revenue Commissioners such information in the Authority’s possession as may be required for the performance of the functions of the Revenue Commissioners under this Act.

(3)Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Authority, supply to the Authority such information in the Commissioners’ possession which may be required by the Authority when considering stamp duty in relation to documents presented for registration.

137B.

Information exchange with Property Services Regulatory Authority.

(1)In this section “Authority” means An tUdarás Rialála Seirbhísí Maoine or, in the English language, the Property Services Regulatory Authority.

(2)Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Authority on or after the establishment day within the meaning of section 2 (1) of the Property Services (Regulation) Act 2011, supply to the Authority, such information in the Commissioners’ e-stamping system (including information which was in that system before that establishment day) as may be required by the Authority for the performance of the functions of the Authority.

137C.

Provision of information to Commissioner of Valuation.

(1)In this section “Commissioner of Valuation” means a Commissioner appointed under section 9 (5) of the Valuation Act 2001.

(2)Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Commissioner of Valuation, supply to the Commissioner of Valuation such information in the Commissioners’ e-stamping system as may be required by the Commissioner of Valuation for the performance of the functions of the Commissioner of Valuation.

Chapter 2 Mode of recovering money received for duty (s. 138)
138. Moneys received for duty and not appropriated to be recoverable in High Court.
Repealed from 1 March 2009
(1)Every person who, having received any sum of money as or for any duty, or any fee collected by means of a stamp, does not apply the money to the due payment of the duty or fee, and improperly withholds or detains the same, shall be accountable for the amount of the duty or fee, and the same shall be a debt from such person to the Minister for the benefit of the Central Fund and shall be payable to the Commissioners and may (without prejudice to any other mode of recovery of the sum of money) be sued for and recovered by action, or other appropriate proceeding, at the suit of the Attorney General in any court of competent jurisdiction.

(2)The Commissioners may sue out of the High Court a writ of summons commanding any such person to deliver an account of every sum of money so received by such person, and withheld or detained, and to pay the money to them, together with the costs of the proceedings, or to show cause to the contrary.

(3)If cause is shown the court shall make such order as to the court seems just.

Chapter 3

Offences

(ss. 139-145)

139. Certain offences in relation to dies and stamps provided by the Commissioners to be offences.
Every person who does, or causes or procures to be done, or knowingly aids, abets, or assists in doing, any of the acts following, that is –

(a)fraudulently prints or makes an impression on any material from a genuine die;

(b)fraudulently cuts, tears, or in any way removes from any material any stamp, with intent that any use should be made of such stamp or of any part of such stamp;

(c)fraudulently mutilates any stamp, with intent that any use should be made of any part of such stamp;

(d)fraudulently fixes or places on any material or on any stamp, any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn, or in any way removed from any other material, or out of or from any other stamp;

(e)fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date, or other matter or thing written on the stamped material, with the intent that any use should be made of the stamp on such material;

(f)knowingly sells or exposes for sale or utters or uses any stamp which has been fraudulently printed or impressed from a genuine die;

(g)knowingly, and without lawful excuse (the proof of which shall lie on the person accused) has in such person’s possession any stamp which has been fraudulently printed or impressed from a genuine die, or any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise either really or apparently removed,

shall be guilty of an offence and section 1078 (which relates to revenue offences) of the Taxes Consolidation Act, 1997, shall for the purposes of such offence be construed in all respects as if such offence were an offence under subsection (2) of that section.

140.

Proceedings for detection of forged dies, etc.

On information given before a judge of the District Court on oath that there is just cause to suspect any person of being guilty of any of the offences specified in section 139, such judge may, by a warrant under his or her hand, cause every house, room, shop, building, or place belonging to or occupied by the suspected person, or where such person is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of secreting any machinery, implements, or utensils applicable to the commission of any such offence, to be searched, and if on such search any of those several matters and things are found, the same may be seized and carried away, and shall afterwards be delivered over to the Commissioners.

141.

Proceedings for detection of stamps stolen or obtained fraudulently.

(1)Any judge of the District Court having jurisdiction in the place where any stamps are known or supposed to be concealed or deposited, may, on reasonable suspicion that the same have been stolen or fraudulently obtained, issue a warrant for the seizure of the stamps, and for apprehending and bringing before such judge or any other judge of the District Court within the same jurisdiction the person in whose possession or custody the stamps may be found, to be dealt with according to law.

(2)If the person does not satisfactorily account for the possession of the stamps or it does not appear that the same were purchased by such person at an office of the Commissioners, or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps, the stamps shall be forfeited, and shall be delivered over to the Commissioners.

(3)Notwithstanding subsections (1) and (2), if at any time within 6 months after the delivery of the stamps under subsection (2) any person makes out to the satisfaction of the Commissioners that any stamps so forfeited were stolen or otherwise fraudulently obtained from such person, and that the same were purchased by such person at an office of the Commissioners, or from some person duly appointed to sell and distribute stamps, or duly licensed to deal in stamps, such stamps may be delivered up to such person.

142.

Licensed person in possession of forged stamps to be presumed guilty until contrary is shown.

(1)If any forged stamps are found in the possession of any person appointed to sell and distribute stamps, or being or having been licensed to deal in stamps, that person shall be deemed and taken, unless the contrary is satisfactorily proved, to have had the same in his or her possession knowing them to be forged, and with intent to sell, use, or utter them, and shall be liable to the punishment imposed by law on a person selling, using, uttering, or having in possession forged stamps knowing the same to be forged.

(2)If the Commissioners have cause to suspect any such person of having in such person’s possession any forged stamps, they may be warrant under their hands authorise any person to enter between the hours of 9 a.m. and 7 p.m. into any house, room, shop, or building of or belonging to the suspected person, and if on demand of admittance, and notice of the warrant, the door of the house, room, shop, or building, or any inner door of such house, room, shop, or building is not opened, the authorised person may break open the same and search for and seize any stamps that may be found in the house, room, shop or building or in the custody or possession of the suspected person.

(3)All members of the Garda Síochána are required, on request by any person authorised pursuant to subsection (2), to aid and assist in the execution of the warrant.

(4)Any person who –

(a)refuses to permit any such search or seizure to be made in accordance with subsection (2), or

(b)assaults, opposes, molests, or obstructs any person so authorised in the due execution of the powers conferred by this section or any person acting to aid or assist a person so authorised,

and any member of the Garda Síochána who on a request under subsection (3) refuses or neglects to aid and assist any person so authorised in the due execution of such person’s powers shall incur a penalty of €1,265.

143.

Mode of proceeding when stamps are seized.

Where stamps are seized under a warrant, the person authorised by the warrant shall, if required, give to the person in whose custody or possession the stamps are found an acknowledgement of the number, particulars, and amount of the stamps, and permit the stamps to be marked before the removal of those stamps.

144.

Defacement of adhesive stamps.

(1)Every person who by any writing in any manner defaces any adhesive stamp before it is used shall incur a penalty of €630.

(2)Notwithstanding subsection (1), any person may with the express sanction of the Commissioners, and in conformity with the conditions which they may prescribe, write on or otherwise appropriate an adhesive stamp before it is used for the purpose of identification of such stamp.

145.

Penalty for frauds in relation to duties.

Any person who practises or is concerned in any fraudulent act, contrivance, or device, not specially provided for by law, with intent to defraud the State of any duty shall be guilty of an offence and section 1078 (which relates to revenue offences) of the Taxes Consolidation Act, 1997, shall for the purposes of such offence be construed in all respects as if such offence were an offence under subsection (2) of that section.

Chapter 4

Sale of stamps (ss. 146-150)

146. Power to grant licences to deal in stamps.
(1)The Commissioners may, in their discretion, grant a licence to any person to deal in stamps at any place to be named in the licence.

(2)The licence shall specify the full name and place of abode of the person to whom the same is granted, and a description of every house, shop, or place, in or at which such person is authorised to deal in stamps.

(3)Every person to whom a licence is granted shall give security in the sum of €1,265 in such manner and form as the Commissioners shall prescribe, and, if by bond, the bond shall be exempt from stamp duty.

(4)One licence and one bond only shall be required for any number of persons in partnership, and the licence may at any time be revoked by the Commissioners.

(5)Every person licensed to deal in stamps shall cause to be visibly and legibly painted and shall keep so painted in letters of not less than one inch in length on some conspicuous place on the outside of the front of every house, shop, or place in or at which such person is licensed to deal in stamps, such person’s full name, together with the words “Licensed to sell stamps”, and for every neglect or omission so to do shall incur a penalty of €1,265.

147.

Penalty for unauthorised dealing in stamps, etc.

(1)If any person who is not duly appointed to sell and distribute stamps deals in any manner in stamps, without being licensed so to do, or at any house, shop, or place not specified in such person’s licence such person shall be guilty of an offence and section 1078 (which relates to revenue offences) of the Taxes Consolidation Act, 1997, shall for the purposes of such offence be construed in all respects as if such offence were an offence under subsection (2) of that section.

(2)If any person who is not duly appointed to sell and distribute stamps, or duly licensed to deal in stamps, has, or puts on such person’s premises either in the inside or on the outside of the premises, or on any board or any material exposed to public view, and whether the same be affixed to such person’s premises or not, any letters importing or intending to import that such person deals in stamps, or is licensed so to do, such person shall incur a penalty of €1,265.

148.

Provisions as to determination of a licence.

(1)If the licence of any person to deal in stamps expires or is revoked, or if any person licensed to deal in stamps dies or becomes bankrupt, and any such person at the expiration or revocation of his or her licence, or at the time of his or her death or bankruptcy, has in his or her possession any stamps, such person, or such person’s executor or administrator, or the receiver or trustee or official assignee under such person’s bankruptcy, may, within 6 months after the expiration or revocation of the licence, or after the death or bankruptcy, as the case may be, bring or send the stamps to an office of the Commissioners.

(2)The Commissioners may in any such case pay to the person bringing or sending stamps the amount of the duty on the stamps, deducting from such amount the proper discount, if proof to their satisfaction is furnished that the same were actually in the possession of the person, whose licence has expired or been revoked, or so dying or becoming bankrupt, for the purpose of sale, at the time of the expiration or revocation of the licence, or of his or her death or bankruptcy, and that the stamps were purchased or procured by that person at an office of the Commissioners, or from some person duly appointed to sell and distribute stamps, or duly licensed to deal in stamps.

149. Penalty for hawking stamps.
(1)If any person, whether licensed to deal in stamps or not, hawks or carries about for sale or exchange, any stamps, the following shall apply:

(a)such person shall, in addition to any other fine or penalty to which he or she may be liable, be guilty of an offence and section 1078 (which relates to revenue offences) of the Taxes Consolidation Act, 1997, shall for the purposes of such offence be construed in all respects as if such offence were an offence under subsection (2) of that section;

(b)all stamps which are found in the possession of the offender shall be forfeited, and shall be delivered to the Commissioners, to be disposed of as they think fit.

(2)Any person may arrest a person found committing an offence under this section, and take that person before a judge of the District Court having jurisdiction where the offence is committed, who shall hear and determine the matter.

150.

Discount.

On the sale of stamps such discount shall be allowed to the purchasers of the stamps as the Minister directs.

Chapter 5

Allowance for spoiled or misused stamps (ss. 151-155)

151. Allowance for spoiled stamps.
(1)Subject to such regulations as the Commissioners may think proper to make, and to the production of such evidence by statutory declaration or otherwise as the Commissioners may require, allowance shall be made by the Commissioners for stamps in any of the following cases:

(a)the stamp on any material inadvertently and undesignedly spoiled, obliterated, or by any means rendered unfit for the purpose intended, before the material bears the signature of any person or any instrument written on the material is executed by any party;

(b)any adhesive stamp which has been inadvertently and undesignedly spoiled or rendered unfit for use and has not in the opinion of the Commissioners been affixed to any material;

(c)any adhesive stamp representing a fee capable of being collected by means of such stamp which has been affixed to material where a certificate from the proper officer is produced to the effect that the stamp should be allowed;

(d)the stamp on any bill of exchange signed by or on behalf of the drawer which has not been accepted or made use of in any manner or delivered out of such drawer’s hands for any purpose other than by means of tender for acceptance;

(e)[deleted]

(f)the stamp on any bill of exchange which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been accepted or endorsed, where another completed and duly stamped bill of exchange is produced identical in every particular, except in the correction of the error or omission, with the spoiled bill;

(g)the stamp used for any of the following instruments, that is –

(i)an instrument executed by any party to the instrument, but afterwards found to be absolutely void from the beginning,

(ii)an instrument executed by any party to the instrument, but afterwards found unfit, by reason of any error or mistake in the instrument, for the purpose originally intended,

(iii)an instrument executed by any party to the instrument which has not been made use of for any purpose, and which by reason of the inability or refusal of some necessary party to sign the same or to complete the transaction according to the instrument, is incomplete and insufficient for the purpose for which it was intended,

(iv)an instrument executed by any party to the instrument, which by reason of the refusal of any person to act under the same, or for want of enrolment or registration within the time required by law, fails of the intended purpose or becomes void, or

(v)an instrument executed by any party to the instrument which is inadvertently and undesignedly spoiled, and in lieu of which another instrument made between the same parties and for the same purpose is executed and duly stamped, or which becomes useless in consequence of the transaction intended to be effected by the instrument being effected by some other instrument duly stamped.

(2)Notwithstanding subsection (1), allowance shall not be made by the Commissioners for spoiled stamps unless –

(a)the application for relief is made within the period of 4 years after the stamp has been spoiled or become useless or, in the case of an executed instrument, within the period of 4 years from the date the instrument was stamped by the Commissioners,

(b)in the case of an executed instrument no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence, and that the instrument is given up to be cancelled,

(c)in the case of an executed instrument the instrument has not achieved the purpose for which it was intended being the purpose of registering title to the property being conveyed or transferred by that instrument, and

(d)all of the requirements of section 159A are met.

152. Repayment of overpaid stamp duty.
(1)In this section –

‘relevant statement’ means –

(a)an account delivered to the Commissioners under section 5, or

(b)a statement delivered to the Commissioners under Part 9;

‘return’ means an electronic return or a paper return made to the Commissioners in relation to an instrument.

(2)Where a person has made a payment of stamp duty, including any interest charged, surcharge imposed or penalty incurred, under any provision of this Act, in relation to –

(a)an instrument, or

(b)a relevant statement, which –

(i)was not due, or

(ii)but for an error or mistake made by the person in the return to which the instrument relates or, as the case may be, in the relevant statement, would not have been due,

the person shall, on an application to the Commissioners and subject to section 159A, be entitled to a repayment of the payment concerned.

153. Allowance, how to be made.
In any case in which allowance is made for spoiled or misused stamps the Commissioners may give in lieu of the allowance other stamps of the same denomination and value, or if required, and they think proper, stamps of any other denomination to the same amount in value, or in their discretion, the same value in money, deducting from the value of the stamps the discount allowed on the purchase of stamps of the like description.

154. Stamps not wanted may be repurchased by the Commissioners.
When any person is possessed of a stamp which has not been spoiled or rendered unfit or useless for the purpose intended, but for which such person has no immediate use, the Commissioners may, if they think fit, repay to such person the value of the stamp in money, deducting the proper discount, on such person’s delivering up the stamp to be cancelled, and proving to their satisfaction that it was purchased by such person at an office of the Commissioners, or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps, within the period of 4 years from the date the stamp was purchased and with a bona fide intention to use it.

155. Allowance for lost instruments.
(1)Where an instrument which was executed and duly stamped has been accidentally lost (in this section referred to as the “lost instrument”) the Commissioners may –

(a)on application made by the person by whom it was first or alone executed,

(b)on the giving of an undertaking by that person to deliver up the lost instrument to them to be cancelled if it is subsequently found, and

(c)on satisfactory proof of the payment of the duty,

give other stamps of the same value in money but the stamps so given shall only be used for the purpose of stamping another instrument made between the same persons and for the same purpose.

(2)For the purposes of this section the Commissioners may require the delivery to them, in such form as they may specify, of a statutory declaration by any person who was concerned with the delivery of the lost instrument to them for stamping.

Chapter 6

Miscellaneous (ss. 156-159)

156. Discontinuance of dies.
(1)Whenever the Commissioners determine to discontinue the use of any die, and provide a new die to be used in lieu of the discontinued die, and give public notice of their determination in the Iris Oifigiúil, then from and after any day to be stated in the notice (such day not being within one month after the same is so published) the new die shall be the only lawful die for denoting the duty chargeable in any case in which the discontinued die would have been used and every instrument first executed by any person, or bearing date after the day so stated, and stamped with the discontinued die, shall be deemed to be not duly stamped.

(2)Whenever the Commissioners give public notice in the Iris Oifigiúil that the use of any die has been discontinued, then, whether a new die has been provided or not, from and after any day to be stated in the notice (that day not being within one month after the notice is so published), that die shall not be a lawful die for denoting the payment of duty, and every instrument first executed by any person, or bearing date, after the day so stated in the notice, and stamped with duty denoted by the discontinued die, shall be deemed to be not duly stamped.

(3)

(a)If any instrument stamped with a discontinued die, and first executed after the day so stated at any place outside the State, is brought to the Commissioners within 14 days after it has been received in the State, then on proof of the facts to the satisfaction of the Commissioners the stamp on that instrument shall be cancelled, and the instrument shall be stamped with the same amount of duty by means of a lawful die without the payment of any interest or penalty.

(b)All persons having in their possession any material stamped with the discontinued die, and which by reason of the providing of such new die has been rendered useless, may at any time within 6 months after the day stated in the notice send the same to an office of the Commissioners, and the Commissioners may on receipt of that material cause the stamp on such material to be cancelled, and the same material, or, if the Commissioners think fit, any other material, to be stamped with a lawful die in lieu of and to an equal amount with the stamp so cancelled.

157. Declarations, affidavits and oaths, how to be made.
Any statutory declaration, affidavit or oath to be made in pursuance of or for the purposes of this or any other Act for the time being in force relating to duties may be made before any of the Commissioners, or any officer or person authorised by them in that behalf, or before any commissioner for oaths or any peace commissioner or notary public in any part of the State, or at any place outside the State, before any person duly authorised to administer oaths there.

158. Mode of granting licences.
Any licence or certificate to be granted by the Commissioners under this Part or any other Act for the time being in force relating to duties may be granted by such officer or person, as the Commissioners may authorise in that behalf.

158A. Delegation.
(1)Subject to subsection (2), any act to be performed or function to be discharged by the Commissioners under this Act may be performed or discharged by any one or more of their officers acting under their authority.

(2)The general delegation referred to in subsection (1) shall not apply in the case of –

(a)the authorisation of Revenue officers to perform any act or function that requires authorisation to be given by the Commissioners, and

(b)the making of regulations under this Act.

159. Recovery of penalties, etc.
Repealed from 1 March 2009
(1)Any penalty imposed by this Part or any forfeiture incurred in connection with duty shall be deemed to be a debt due to the Minister for the benefit of the Central Fund and shall be payable to the Commissioners and may (without prejudice to any other mode of recovery) be sued for and recovered by action, or other appropriate proceedings, at the suit of the Attorney General or the Minister or the Commissioners in any court of competent jurisdiction, notwithstanding anything to the contrary contained in the Inland Revenue Regulation Act, 1890.

(2)The provisions of section 134 shall apply in any proceedings in the Circuit Court or the District Court for or in relation to the recovery of a penalty referred to in subsection (1).

Chapter 7

Time limit for repayment of stamp duty, interest on repayment and time limits for enquiries and assessments

(ss. 159A-159C)

159A.

General provisions on claims for repayment of stamp duty.

(1)In this section –

‘relevant statement’ and ‘return’ have the same meaning, respectively, as in section 152;

‘repayment’ means a repayment of stamp duty including any –

(a)interest charged,

(b)surcharge imposed, or

(c)penalty incurred,

in relation to stamp duty under any provision of this Act;

‘valid claim’ shall be construed in accordance with subsection (3).

(2)The Commissioners shall not make a repayment to a person unless –

(a)such repayment is provided for by this Act,

(b)a valid claim has been made to them for that purpose, and

(c)without prejudice to any other provision of this Act containing a shorter time limit for the making of a claim for repayment, the valid claim concerned has been made within the period of 4 years from, as the case may be –

(i)in respect of an instrument stamped by the Commissioners, the latest date the instrument was required to be stamped under section 2,

(ii)in respect of a relevant statement delivered to the Commissioners –

(I)in the case of an account delivered to the Commissioners under section 5, the latest date the account was required to be delivered to the Commissioners in accordance with the agreement entered into under that section, or

(II)in the case of a statement delivered to the Commissioners under Part 9, the latest date the statement was required to be delivered to the Commissioners under that Part,

(iii)the date the transfer order referred to in section 78B was executed,

(iv)the date the person achieved the standard within the meaning of section 81AA(11)(a),

(v)the date of acknowledgement referred to in section 83D(10)(c) in relation to a relevant residential development within the meaning of that section,

(vi)the date the condition specified in section 83DA(2)(b) is satisfied, or

(vii)the qualifying date within the meaning of section 83DB.

(3)For the purposes of this section, a claim for repayment shall be treated as a valid claim where –

(a)it is made in the form and manner specified (if any) by the provision, or provisions, of this Act under which such claim is made,

(b)all information which the Commissioners may reasonably require to enable them to determine if, and to what extent, a repayment is due, has been furnished to them, and

(c)if the claim relates to a repayment under section 152, the return or, as the case may be, the relevant statement, has been amended to reflect the correct amount of stamp duty payable, if any.

(4)Where the Commissioners determine that any of the requirements specified in subsection (2) or (3), as the case may be, have not been met in relation to a claim for repayment, they shall decide to refuse the claim for repayment and shall notify the claimant in writing of the decision and the reason or reasons for that decision.

(5)Any person aggrieved by a decision of the Commissioners under subsection (4) to refuse a claim for repayment may appeal to the Appeal Commissioners against the decision in accordance with section 949I of the Taxes Consolidation Act 1997 within the period of 30 days after the date of the notification of the decision.

159B.

Interest on repayment of stamp duty.

(1)In this section –

‘relevant date’, in relation to a repayment, means –

(a)the date which is 93 days after the date on which a valid claim in respect of the repayment is made to the Commissioners, or

(b)if the repayment is due to a mistaken assumption in the operation of stamp duty on the part of the Commissioners, the date which is the date of payment of the stamp duty, interest, surcharge or penalty, as the case may be, which has given rise to that repayment;

‘repayment’ has the same meaning as in section 159A;

‘valid claim’ shall be construed in accordance with section 159A(3).

(2)Subject to the provisions of this section, where a person is entitled to a repayment in accordance with any provision of this Act, the amount of the repayment shall, subject to a valid claim in respect of the repayment being made to the Commissioners, unless the contrary intention appears and subject to section 960H(4) of the Taxes Consolidation Act 1997, carry simple interest at the rate of 0.011 percent (or such other rate (if any) prescribed by the Minister by order under subsection (5)(a)) for each day or part of a day for the period commencing on the relevant date and ending on the date upon which the repayment is made.

(3)Interest shall not be payable under this section if it would amount to €10 or less.

(4)Income tax shall not be deductible on any payment of interest under this section and such interest shall not be reckoned in computing income for the purposes of the Tax Acts.

(5)

(a)The Minister may, from time to time, make an order prescribing a rate for the purposes of subsection (2).

(b)Every order made by the Minister under paragraph (a) shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

159C.

Time limits for making enquiries etc. and assessments by the Commissioners.

(1)In this section –

“neglect” in connection with or in relation to a relevant instrument, means –
(a)subject to paragraph (b), in the case of an instrument or a specified statement, a failure to disclose in the instrument, or as the case may be, in the specified statement, all the facts and circumstances affecting the liability to duty of such instrument or specified statement,
(b)in the case of an instrument to which section 8(2) applies, as between both the instrument and the statement referred to in that section, a failure to disclose all the facts and circumstances affecting the liability to duty of such instrument, or
(c)in the case of a transfer order referred to in section 78B, a failure to enter a correct transfer order in a securities settlement system within the meaning of section 78A;

“relevant instrument” means –
(a)an instrument stamped by the Commissioners or a specified statement delivered to the Commissioners, or
(b)a transfer order referred to in section 78B;

“relevant period”, in relation to a relevant instrument, means the period of 4 years commencing on –
(a)
(i)subject to paragraph (b), the date the instrument was stamped by the Commissioners,
(ii)the date the statement was delivered to the Commissioners, or
(iii)the date the transfer order was entered,
or
(b)the latest date on which all of the conditions were required to be satisfied for a relief or exemption;

“specified statement”, means –
(a)an account delivered to the Commissioners under section 5,
(b)a statement that is required to be delivered to the registrar under section 117(1)(b), or
(c)a statement that is required to be delivered to the Commissioners under Part 9.

(2)The making of enquiries or the taking of other action by the Commissioners for the purpose of satisfying themselves as to the correctness or otherwise of the charge arising, either directly or indirectly, to stamp duty in respect of a relevant instrument may not be initiated after the expiry of the relevant period.

(3)Notwithstanding any other provision in any other section of this Act, an assessment made in connection with or in relation to any relevant instrument may not be made after the expiry of the relevant period.

(4)The time limit referred to in subsections (2) and (3) shall not apply where the Commissioners have reasonable grounds for believing that any form of fraud or neglect has been committed by or on behalf of any person in connection with or in relation to any relevant instrument which is the subject of any enquiries, action or assessment.

Chapter 8

Calculation of interest on unpaid duty and other amounts (s. 159D)

159D.

Calculation of interest on unpaid duty and other amounts.

(1)In this section –

‘period of delay’, in relation to any unpaid duty or other amount referred to in a specified provision, means the period referred to in the specified provision in respect of which period interest is chargeable, charged, payable or recoverable, as the case may be, in accordance with that provision;

‘relevant period’, in relation to a period of delay which falls into more than one of the periods specified in column (1) of the Table to subsection (2), means any part of the period of delay which falls into, or is the same as, a period specified in that column;

‘specified provision’ means any section of this Act other than section 126(7) which provides for interest to be charged, chargeable, payable or recoverable, as the case may be, in respect of any unpaid duty or other amount due and payable under that section.

(2)The amount of interest charged, chargeable, payable or recoverable in respect of any unpaid duty or other amount due and payable or recoverable under a specified provision –

(a)where one of the periods specified in column (1) of the Table to this subsection includes or is the same as the period of delay, shall be the amount determined by the formula –

where –

Ais the duty or other amount due and payable under the specified provision which remains unpaid,

Dis the number of days (including part of a day) forming the period of delay, and

Pis the appropriate percentage in column (2) of the Table to this subsection opposite the period specified in column (1) of the said Table within which the period of delay falls or which is the same as the period of delay,

and

(b)where a continuous period formed by more than one period specified in column (1) of the Table to this subsection, but not (as in subsection (a)) only one such period, includes or is the same as the period of delay, shall be the aggregate of the amounts due in respect of each relevant period which forms part of the period of delay, and the amount due in respect of each such relevant period shall be determined by the formula –

where –

Ais the duty or other amount due and payable under the specified provision which remains unpaid,

Dis the number of days (including part of a day) forming the relevant period, and

Table

(Period)

(1)

(Percentage)

(2)

From 1 April 2005 to 30 June 2009

0.0273%

From 1 July 2009 to the date of payment

0.0219%

Part 12 Repeals, etc. (ss. 160-164)
160.

Repeals.

(1)Subject to subsection (2), each enactment mentioned in column (2) of Schedule 3 (which in this Act are collectively referred to as “the repealed enactments”) is hereby repealed or revoked to the extent specified opposite that mentioned in column (3) of that Schedule.

(2)This Act shall not apply in relation to stamp duty on –

(a)instruments specified in Schedule 1 which were executed before the date of the passing of this Act,

(b)transactions, within the meaning of section 116, taking place before the date of the passing of this Act,

(c)statements, within the meaning of sections 123(2), 124(1) (b), 124(2) (b), 124(2) (d) (i), 125(2) and 126(2), which would fall to be delivered under the repealed enactments before the date of the passing of this Act,

and the repealed enactments shall continue to apply in relation to stamp duty on the –

(i)instruments mentioned in paragraph (a),

(ii)transactions mentioned in paragraph (b), and

(iii)statements mentioned in paragraph (c),

to the same extent that they would have applied if this Act had not been enacted.

(3)Notwithstanding subsection (1), any provision of the repealed enactments which imposes a fine, forfeiture, penalty or punishment for any act or omission shall, in relation to any act or omission which took place or began before the date of the passing of this Act, continue to apply in substitution for the provision of this Act to which it corresponds.

(4)Anything done under or in connection with the provisions of the repealed enactments which correspond to the provisions of this Act shall be deemed to have been done under or in connection with the provisions of this Act to which those provisions of the repealed enactments correspond; but nothing in this subsection shall affect the operation of subsections (3) and (4) of section 163.

161. Saving for enactments not repealed.
This Act (other than subsections (2) to (4) of section 163) shall apply subject to so much of any Act as contains provisions relating to or affecting stamp duties as –

(a)is not repealed by this Act, and

(b)would have operated in relation to stamp duties if this Act had not been substituted for the repealed enactments.

162. Consequential amendments to other enactments.
Schedule 4, which provides for amendments to other enactments consequential on the passing of this Act, shall apply for the purposes of this Act.

163. Continuity and construction of certain references to old and new law.
(1)The Commissioners shall have all the jurisdictions, powers and duties in relation to stamp duties and fees collected by means of stamps under this Act which they had before the passing of this Act.

(2)The continuity of the operation of the law relating to stamp duties and fees collected by means of stamps shall not be affected by the substitution of this Act for the repealed enactments.

(3)Any reference, whether express or implied, in any enactment or document (including this Act and any Act amended by this Act) –

(a)to any provision of this Act, or

(b)to things done or to be done under or for the purposes of any provisions of this Act,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments applied or had applied, a reference to, or, as the case may be, to things done or to be done under or for the purposes of, that corresponding provision.

(4)Any reference, whether express or implied, in any enactment or document (including the repealed enactments and enactments passed and documents made after the passing of this Act) –

(a)to any provision of the repealed enactments, or

(b)to things done or to be done under or for the purposes of any provisions of the repealed enactments,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act applies, a reference to, or, as the case may be, to things done or to be done under or for the purposes of, that corresponding provision.

Stamps Administration

STAMP DUTIES CONSOLIDATION ACT 1999

Instruments to be separately charged with duty in certain cases.

Facts and circumstances affecting duty to be set forth in instruments, etc.

Penalties: returns.

Expression of doubt.

Mode of calculating ad valorem duty in certain cases.

Adhesive stamps.

Denoting stamps.

Duplicates and counterparts.

Penalty on stamping instruments after execution.

Late filing of return.

E-stamping regulations.

Adjudication and Appeals (ss. 20-21)

Enforcement

Terms on which instruments not duly stamped may be received in evidence.

Rolls, books, etc., to be open to inspection.

Obligation to retain records.

Power of inspection.

Penalty for enrolling, etc., instrument not duly stamped, etc.

Assignment of policy of life insurance to be stamped before payment of money assured.

Conditions and agreements as to stamp duty void.

Application of certain provisions relating to penalties under Taxes Consolidation Act, 1997.

Penalties.

Management Provisions (ss. 135-159D)

Interpretation (Part 11).

Application (Part 11).

Stamp duties under care and management of the Commissioners.

Information exchange with Property Registration Authority.

Information exchange with Property Services Regulatory Authority.

Provision of information to Commissioner of Valuation.

Offences

Proceedings for detection of forged dies, etc.

Proceedings for detection of stamps stolen or obtained fraudulently.

Licensed person in possession of forged stamps to be presumed guilty until contrary is shown.

Mode of proceeding when stamps are seized.

Defacement of adhesive stamps.

Penalty for frauds in relation to duties.

Sale of stamps (ss. 146-150)

Penalty for unauthorised dealing in stamps, etc.

Provisions as to determination of a licence.

Allowance for spoiled or misused stamps (ss. 151-155)

Miscellaneous (ss. 156-159)

Time limit for repayment of stamp duty, interest on repayment and time limits for enquiries and assessments

General provisions on claims for repayment of stamp duty.

Interest on repayment of stamp duty.

Time limits for making enquiries etc. and assessments by the Commissioners.

Calculation of interest on unpaid duty and other amounts.

Repeals.

Related Posts

Group Transfers Relief

Various Exemptions

Reorganisations