{"id":21290,"date":"2023-04-20T22:30:52","date_gmt":"2023-04-20T22:30:52","guid":{"rendered":"https:\/\/legalblog.ie\/?p=21290"},"modified":"2024-04-02T18:29:51","modified_gmt":"2024-04-02T18:29:51","slug":"general-principles","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/general-principles\/","title":{"rendered":"General Principles"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/general-principles\/#Tax_on_Documents\" title=\"Tax on Documents\">Tax on Documents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/general-principles\/#E-Stamping\" title=\"E-Stamping\">E-Stamping<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/general-principles\/#Conveyance\" title=\"Conveyance\">Conveyance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/general-principles\/#Scope\" title=\"Scope\">Scope<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/general-principles\/#Rates\" title=\"Rates\">Rates<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/general-principles\/#No_Document\" title=\"No Document\">No Document<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/general-principles\/#Goods\" title=\"Goods\">Goods<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/general-principles\/#Interpretation\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/general-principles\/#Leading_and_Multiple_Purposes\" title=\"Leading and Multiple Purposes\">Leading and Multiple Purposes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/general-principles\/#Unascertained_Consideration\" title=\"Unascertained Consideration\">Unascertained Consideration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/general-principles\/#Leases\" title=\"Leases\">Leases<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#STAMP_DUTIES_CONSOLIDATION_ACT_1999\" title=\"STAMP DUTIES CONSOLIDATION ACT 1999\">STAMP DUTIES CONSOLIDATION ACT 1999<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Charging_and_Stamping_of_Instruments_ss_2-17A\" title=\"Charging and Stamping of Instruments (ss. 2-17A)\">Charging and Stamping of Instruments (ss. 2-17A)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Variation_of_certain_rates_of_duty_by_order\" title=\"Variation of certain rates of duty by order.\">Variation of certain rates of duty by order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#How_duties_are_to_be_paid\" title=\"How duties are to be paid.\">How duties are to be paid.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Agreement_as_to_payment_of_stamp_duty_on_instruments\" title=\"Agreement as to payment of stamp duty on instruments.\">Agreement as to payment of stamp duty on instruments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#How_instruments_are_to_be_written_and_stamped\" title=\"How instruments are to be written and stamped.\">How instruments are to be written and stamped.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Instruments_to_be_separately_charged_with_duty_in_certain_cases\" title=\"Instruments to be separately charged with duty in certain cases.\">Instruments to be separately charged with duty in certain cases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Facts_and_circumstances_affecting_duty_to_be_set_forth_in_instruments_etc\" title=\"Facts and circumstances affecting duty to be set forth in instruments, etc.\">Facts and circumstances affecting duty to be set forth in instruments, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Penalties_returns\" title=\"Penalties: returns.\">Penalties: returns.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Expression_of_doubt\" title=\"Expression of doubt.\">Expression of doubt.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Mode_of_calculating_ad_valorem_duty_in_certain_cases\" title=\"Mode of calculating ad valorem duty in certain cases.\">Mode of calculating ad valorem duty in certain cases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Adhesive_stamps\" title=\"Adhesive stamps.\">Adhesive stamps.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Denoting_stamps\" title=\"Denoting stamps.\">Denoting stamps.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Duplicates_and_counterparts\" title=\"Duplicates and counterparts.\">Duplicates and counterparts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Penalty_on_stamping_instruments_after_execution\" title=\"Penalty on stamping instruments after execution.\">Penalty on stamping instruments after execution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Late_filing_of_return\" title=\"Late filing of return.\">Late filing of return.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#E-stamping_regulations\" title=\"E-stamping regulations.\">E-stamping regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Valuation_ss_18-19\" title=\"Valuation (ss. 18-19)\">Valuation (ss. 18-19)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Mode_of_valuing_property\" title=\"Mode of valuing property.\">Mode of valuing property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/general-principles\/2\/#Adjudication_and_Appeals_ss_20-21\" title=\"Adjudication and Appeals (ss. 20-21)\">Adjudication and Appeals (ss. 20-21)<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Tax_on_Documents\"><\/span>Tax on Documents<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Stamp duty was traditionally, and remains largely, a tax on documents, rather than on transactions.\u00a0 If there is no document, it may be\u00a0 possible to avoid stamp duty. However, there exist anti-avoidance legislation which applies in certain circumstances to provide that certain types transactions are subject to \u00a0stamp duty, even if there is no document which gives effect to them.<\/p>\n<p>Traditionally, stamp duty was paid by the impression of Revenue stamps on executed \u00a0instruments. In this context an instrument refers to a document giving effect to a legally significant act or transaction, most commonly a deed. \u00a0Execution refers to giving effect to the document. This may be execution as a deed or by signing.<\/p>\n<p>Until the end of the 20th century, documents were stamped by impression of stamps made up of various fixed denominations (in multiples of tens and in units) on the document upon physical presentation of the instrument to the Revenue Commissioner stamping office and payment of the relevant amount.<\/p>\n<p>In late 1990s, this impression of multiple stamps of fixed denominations (which together came to the duty paid) was replaced with a single \u00a0stamp, containing certain digital information which was impressed on the side of the instrument. It stated the exact amount of duty paid r than a combination of stamp).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"E-Stamping\"><\/span>E-Stamping<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In December 2009, the Revenue introduced e-stamping.\u00a0 Physical stamping is no longer permissible.\u00a0\u00a0 All returns must be made to the revenue online service (ROS).<\/p>\n<p>Only in exceptional cases, will paper returns be permitted. Revenue issue certificate with unique numerical identified, which is printed and attached to the relevant instrument.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conveyance\"><\/span>Conveyance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The concept of a \u201cconveyance\u201d in the context of real property transfers and sales, is quite specific and refers to an in instrument which transfers a freehold interest in real property. However, under stamp duty law, a \u201cconveyance\u201d means any document whereby any right or property in any asset is transferred. It iis not limited to \u201creal property\u201d (land and buildings).<\/p>\n<p>In accordance with the above principles, many\u00a0 attempts to transfer assets by indirect means, fail because one document, which is part of the transaction is interpreted to be and is thereby deemed to be a \u201cconveyance\u201d\u00a0 under the stamp duty legislation. It is accordingly stampable.<\/p>\n<p>Stamp duty applies when an instrument becomes effective.\u00a0 A deed of land must be executed by signing and delivery.\u00a0 See the section on deeds.\u00a0 Delivery has a specific menaing in a legal context which refers to both\u00a0 the physical and the attendant intention of the grantor.<\/p>\n<p>Delivery may be made in \u201cescrow\u201d, which means that it is subject to pre-conditions. In this case, the deed may not take effect, unless and until the relevant conditions are satisfied.\u00a0 Accordingly the date of the deed, may be the date of execution, but the date in which it is delivered (and thereby becomes effective) may be later.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Scope\"><\/span>Scope<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Stamp duty arises only, where there is a document, or in limited cases, a transaction, which \u00a0falls within one of the defined \u201cheads\u201d (categories) of charge.\u00a0 Outside of this, the duty does not apply.\u00a0 At one time in the 19th century, stamp duty applied to have a very wide range of documents and instruments.\u00a0 Over time, \u00a0the number of stampable document has reduced considerably.<\/p>\n<p>Stamp duty arises a stampable instrument, which is executed in the State. Stamp duty also applies to documents executed outside the State where it relates to property situated in the State or to matters or things to be done in the State. There are exceptions. Unlike the case with other taxes, the residence and\u00a0 domicile \u00a0of the parties is usually irrelevant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rates\"><\/span>Rates<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The rates of stamp duty are set out in legislation.\u00a0 They have been amended frequently, and quite radically, in recent years.<\/p>\n<p>Formerly, rates on deeds selling or transferring \u00a0residential and commercial real property, \u00a0were as high as nine percent.\u00a0 Following the financial crisis, the acknowledged over reliance on cyclical taxes such as stamp duty and an several years of a \u00a0stagnant property market, the residential and commercial property rates were reduced, significantly.<\/p>\n<p>Whereas, formerly a nine percent rate applied at relatively low price levels, a\u00a0 1% rate applies to residential transactions under \u20ac1,000,000 and a 2% rate applies over that level.<\/p>\n<p>The general rate for non-residential property is 7.5%. Before that it was 9% and earlier 2%.<\/p>\n<p>As with other taxes, there are exemptions and reliefs which may apply in particular cases.\u00a0 In some cases, the exemption must be applied for.\u00a0 In other cases, it arises automatically.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"No_Document\"><\/span>No Document<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The traditional position is that in the absence of written document, no stamp duty liability arises.\u00a0 Most transfers of property are required to be by deed, effected or reflected in writing and signed.\u00a0 This includes in particular, transfers of interests in real property (land and buildings) and of shares.<\/p>\n<p>A contract for the transfer of an interest real property, must be evidenced in writing and signed by the party to be enforced against.\u00a0 The transfer of an interest in real property must be by a deed, or an equivalent Land Registry form, executed as a deed. A deed must be in writing and must be executed as a deed.\u00a0 The transfer of shares must be in a statutory format, which provides for a signed transfer.<\/p>\n<p>The e-commerce legislation contemplates the possibility of electronic transfers of real property. .\u00a0 However, for the moment, transfers of real property may not be effected through electronic \u00a0communication.<\/p>\n<p>Formally it was possible to avoid stamp duty by not having a deed. Following contract, and the payment of the purchase price, the seller holds the property as a nominee for the buyer under\u00a0 resulting trust. This is called \u201cresting in contract\u201d. Since 2013, it is not possible to avoid stamp duty by so-called resting in contract, where more than 25% of the purchase price is paid.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Goods\"><\/span>Goods<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Stamp duty legislation has long provided in relation to most\u00a0 assets other than real property, that the contract for the transfer of the asset is stampable.\u00a0 This includes goodwill, debts and business assets..<\/p>\n<p>A transfer of \u00a0personal or \u00a0movable property (goods) is potentially stampable if effected by a signed instrument.\u00a0 It is a \u201cconveyance on sale\u201d for stamp duty purposes. An instrument transferring title to goods is referred to a bill of sale. A contract for the sale of personal \/ movaeble property followed by transfer of title by physical delivery avoids stamp duty.<\/p>\n<p>There is no anti-avoidance provisions applicable to a contract for the sale of goods.\u00a0 However, if an instrument transferring the goods is in fact created, this will itself be stampable at a non-residential stamp duty\u00a0 rate (now 7.5\u00a0 percent).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Interpretation\"><\/span>Interpretation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Notwithstanding that revenue legislation is interpreted against the interests of the Revenue, stamp duty legislation has long been interpreted in a broader manner.\u00a0 Where parties try to avoid a stampable document in an artificial \u00a0way, the courts are willing to deem\u00a0 any \u00a0document in writing which used in the transaction, to be a stampable conveyance, where this is intended to be the sole document which gives effect to the transaction. They may even deem the sale contract to be a conveyance on sale, where the courts infer the requisite intention.<\/p>\n<p>Stamp duty legislation looks at the transaction in its entirety.\u00a0 If at the time the transaction was entered, the parties \u00a0intended to record it in some manner, however informally, that document may \u00a0be categorised as a conveyance or as an agreement for sale of non-real property assets, each of which is stampable..<\/p>\n<p>In practice, parties usually wish to have legal certainty.\u00a0 If a transaction is capable of being legally effective without a document, there is a risk the absence of written documents makes the transaction difficult to prove.\u00a0 Accordingly the parties may create a written document, even if one is not strictly necessary.<\/p>\n<p>In some cases, anti-avoidance legislation applies to documents which would not otherwise be stampable.\u00a0 For example, at leasehold interest can be so surrendered to the landlord by a physical symbolic delivery of possession. Anti-avoidance legislation provides that any document which evidences such a\u00a0 surrender is itself, stampable.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Leading_and_Multiple_Purposes\"><\/span>Leading and Multiple Purposes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If an instrument embodies several distinct transactions, it may be stampable in respect of each of them.\u00a0 Where a deed transfers, property which is subject to different rates (e.g. mixed residential and commercial), the value will be apportioned.\u00a0 Accordingly a transfer or conveyance of a mixed residential and business use property, requires that value be apportioned and that stamp duty be paid on the each part, at the relevant rate.<\/p>\n<p>There is a further principle, which at first appears counter to the above principle, that a document is stamped for its leading and principle purpose.\u00a0 Accordingly if that primary transaction or purpose is exempt, or is subject to a lower rate, the secondary purpose might be ignored. It must be ancillary. \u00a0If the one instrument embodie separate transactions, then each is \u00a0stampable.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unascertained_Consideration\"><\/span>Unascertained Consideration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Stamp duty liability is fixed at the time the instrument is executed.\u00a0 Where the consideration is not fixed or is to be ascertained, the legislation makes provision as follows. Where the consideration cannot be ascertained at the date of conveyance, the duty is charged on \u00a0the\u00a0\u00a0 market value of the asset concerned.<\/p>\n<p>Where consideration consisted of an ascertainable amount payable for period less than 20 years, duty is charged on the total payments, Where the period exceeds 20 years, the period after 20 years is ignored. The future payments are not discounted.<\/p>\n<p>Where the consideration is not in cash terms, then strictly the transaction is not stampable under the \u201cconveyance on sale\u201d heading.\u00a0 However, such transactions are\u00a0 deemed conveyances on exchange under separate provisions in the legislation.\u00a0 In broad terms, the transaction is taxed at the market value of the consideration.<\/p>\n<p>Where property is transferred in \u00a0consideration of the assumption of a debt due or subject to \u00a0paying or transferring any money or stock to a third party, the money, debt or stock is deemed consideration.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Leases\"><\/span>Leases<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the case of a lease where the premium (i.e. the price for its grant) cannot be ascertained, stamp duty is paid on the rent at the normal rate and also on the capital \u00a0premium which would have been achieved in the open market. Conversely where the property is sold for an ascertained premium and an unascertained rent, there will be deemed for stamp duty purposes, a market rent.<\/p>\n<p>There are special rules in relation to leases of land that are more commonly connected with building agreements for the construction of a dwelling house or apartment.\u00a0 If the agreements are linked, the stamp duty is on the basis of the site price and building cost.\u00a0 If the building cost contract price cannot be ascertained that it is to be 10 times the market value of the land, A claim may be made within three years once the actual costs are ascertained.<\/p>\n<p>In the case of a combined land sale and building contract for a dwelling house, which are interlinked, it is deemed that the building work is ten times the value of the land.\u00a0 This reflected general assumptions on land building cost applying when the legislation was first introduced in 1991.<\/p>\n<p><!--nextpage--><\/p>\n<h2>STAMP DUTIES CONSOLIDATION ACT 1999<\/h2>\n<p>&nbsp;<\/p>\n<p>Stamp Duties Consolidation Act, 1999 (No. 31)<\/p>\n<p>Part I Interpretation (s. 1)<br \/>\n1.<\/p>\n<h4>Interpretation.<\/h4>\n<p>(1)In this Act, unless the context otherwise requires &#8211;<\/p>\n<p>&#8220;accountable person&#8221; means (subject to subsection (1A)) &#8211;<br \/>\n(a)the person referred to in column (2) of the Table to this definition in respect of the corresponding instruments set out in column (1) of that Table by reference to the appropriate heading in Schedule 1,<br \/>\n(b)in the case of an instrument which operates, or is deemed to operate, as a voluntary disposition inter vivos under section 30 or 54, the parties to such instrument,<br \/>\n(c)in the case of any other instrument, the parties to that instrument,<br \/>\n(d)notwithstanding paragraphs (a), (b) and (c), in the case of any person who would be an accountable person if alive, the accountable person shall be the personal representative of such person:<br \/>\nTable<\/p>\n<p>Instrument Heading specified in Accountable person<br \/>\nSchedule 1<br \/>\n(1) (2)<br \/>\nConveyance or Transfer on sale of any stocks or marketable securities. The purchaser or transferee.<br \/>\nConveyance or Transfer on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance. The purchaser or transferee.<br \/>\nDuplicate or Counterpart of any instrument chargeable with any duty. Any of the persons specified in this column, as appropriate.<br \/>\nLease. The lessee.;<br \/>\n&#8220;Appeal Commissioner&#8221; has the meaning given to it by section 2 of the Finance (Tax Appeals) Act 2015;<\/p>\n<p>&#8220;approved person&#8221; shall each be construed in accordance with section 917G of the Taxes Consolidation Act 1997;<\/p>\n<p>&#8220;authorised person&#8221; shall each be construed in accordance with section 917G of the Taxes Consolidation Act 1997;<\/p>\n<p>&#8220;bill of exchange&#8221; means a draft, an order or a cheque;<\/p>\n<p>&#8220;child&#8221; in relation to a claim for relief from duty made under this Act, includes a person, being a transferee or lessee, who, prior to the date of execution of the instrument in respect of which relief from duty is claimed, has resided with, was under the care of, and was maintained at the expense of the transferor or lessor throughout &#8211;<br \/>\n(a)a period of 5 years, or<br \/>\n(b)periods which together comprised at least 5 years,<br \/>\nbefore such person attains the age of 18 years, but only if such claim is not based on the uncorroborated testimony of only one witness;<\/p>\n<p>&#8220;civil partner&#8221; means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>&#8220;civil partnership&#8221; means-<br \/>\n(a)a civil partnership registration referred to in section 3(a) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , or<br \/>\n(b)a legal relationship referred to in section 3(b) of that Act;<\/p>\n<p>&#8220;Commissioners&#8221; means Revenue Commissioners;<\/p>\n<p>&#8220;conveyance on sale&#8221; includes every instrument, and every decree or order of any court or of any commissioners, whereby any property, or any estate or interest in any property, on the sale or compulsory acquisition of that property or that estate or that interest is transferred to or vested in a purchaser, or any other person on such purchaser&#8217;s behalf or by such purchaser&#8217;s direction;<\/p>\n<p>&#8220;die&#8221; includes any plate, type, tool, implement, apparatus, appliance, device, process and any other means, used by or under the direction of the Commissioners for expressing or denoting any duty, or rate of duty or the fact that any duty or rate of duty or interest or penalty has been paid or that an instrument is duly stamped or is not chargeable with any duty or for denoting any fee, and also any part or combination of any such plate, type, tool, implement, apparatus, appliance, device, process and any such other means;<\/p>\n<p>&#8220;electronic return&#8221; means a return that is required to be made to the Commissioners by means of the e-stamping system;<\/p>\n<p>&#8220;e-stamping system&#8221; means the electronic system established by the Commissioners by means of which electronic returns can be made to, and stamp certificates can be issued by, the Commissioners;<\/p>\n<p>&#8220;executed&#8221; and &#8220;execution&#8221;, in relation to instruments not under seal, mean signed and signature;<\/p>\n<p>&#8220;fiqler&#8221; in relation to an instrument in respect of which a paper return is delivered to the Commissioners, means the person who would be the approved person or, as the case may be, the authorised person had the paper return been an electronic return;<\/p>\n<p>&#8220;forge&#8221; includes counterfeit and &#8220;forged&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;impressed&#8221; includes any method of applying, producing or indicating a stamp on instruments or material by means of a die;<\/p>\n<p>&#8220;instrument&#8221; includes every written document;<\/p>\n<p>&#8220;lineal descendant&#8221; in relation to a conveyance or transfer (whether on sale or as a voluntary disposition inter vivos), includes a person who, as transferee, is a child of the transferor;<\/p>\n<p>&#8220;marketable security&#8221; means a security of such a description as to be capable of being sold in any stock market in the State;<\/p>\n<p>&#8220;material&#8221; includes every sort of material on which words or figures can be expressed;<\/p>\n<p>&#8220;Minister&#8221; means the Minister for Finance;<\/p>\n<p>&#8220;money&#8221; includes all sums expressed in the currency of the State or in any foreign currency;<\/p>\n<p>&#8220;paper return&#8221; means a return in paper form that satisfies the requirements of an electronic return and is processed by the Commissioners through the e-stamping system;<\/p>\n<p>&#8220;policy of insurance&#8221; includes every writing whereby any contract of insurance is made or agreed to be made, or is evidenced, and &#8220;insurance&#8221; includes assurance;<\/p>\n<p>&#8220;policy of life insurance&#8221; means a policy of insurance on any life or lives or on any event or contingency relating to or depending on any life or lives except a policy of insurance for any payment agreed to be made on the death of any person only from accident or violence or otherwise than from a natural cause;<\/p>\n<p>&#8220;residential property&#8221;, in relation to a sale or lease, means &#8211;<br \/>\n(a)a building or part of a building which, at the date of the instrument of conveyance or lease &#8211;<br \/>\n(i)was used or was suitable for use as a dwelling,<br \/>\n(ii)was in the course of being constructed or adapted for use as a dwelling, or<br \/>\n(iii)had been constructed or adapted for use as a dwelling and had not since such construction or adaptation been adapted for any other use<br \/>\nand<br \/>\n(b)the curtilage of the residential property up to an area (exclusive of the site of the residential property) of one acre<br \/>\nbut where &#8211;<br \/>\n(I)in the year ending on 31 December immediately prior to the date of that instrument of conveyance or lease a rating authority &#8211;<br \/>\n(A)has made a rate or has not made a rate in respect of any particular property falling within Schedule 3 to the Valuation Act 2001, or<br \/>\n(B)has not made a rate in respect of any particular property falling within Schedule 4 to the Valuation Act 2001,<br \/>\nthen the whole or an appropriate part of that property as is referable to ordinary use other than as a dwelling at the date of that instrument of conveyance or lease or, where appropriate, when last ordinarily used, shall not be residential property, in relation to that sale or lease, or<br \/>\n(II)the area of the curtilage (exclusive of the site of the residential property) exceeds one acre, then the part which shall be residential property shall be taken to be the part which, if the remainder were separately occupied, would be the most suitable for occupation and enjoyment with the residential property;<\/p>\n<p>&#8220;Revenue officer&#8221; means an officer of the Commissioners;<\/p>\n<p>&#8220;stamp&#8221; means &#8211;<br \/>\n(a)any stamp, image, type, mark, seal, impression, imprint or perforation impressed by means of a die,<br \/>\n(b)any receipt in whatever form issued by or under the direction of the Commissioners,<br \/>\n(c)an adhesive stamp issued by or under the direction of the Commissioners, or<br \/>\n(d)a stamp certificate,<br \/>\nfor denoting any duty or fee;<\/p>\n<p>&#8220;stamp certificate&#8221; means &#8211;<br \/>\n(a)a certificate issued electronically by the Commissioners by means of the e-stamping system, or<br \/>\n(b)a certificate processed electronically by the Commissioners through the e-stamping system and issued by them in paper form;<\/p>\n<p>&#8220;stamped&#8221;, in relation to an instrument and material, applies as well to an instrument to which is attached a stamp certificate issued in respect of the instrument as to an instrument and material impressed with a stamp by means of a die and an instrument and material having an adhesive stamp affixed to it;<\/p>\n<p>&#8220;stock&#8221; includes any share in any stocks or funds transferable at the Bank of England or at the Bank of Ireland and any share in the stocks or funds of any foreign state or government, or in the capital stock or funded debt of any county council, a city council or a city and county council, corporation, company, or society in the State, or of any foreign corporation, company, or society and includes any option over any share in such stocks or funds;<\/p>\n<p>&#8220;stock certificate to bearer&#8221; includes every stock certificate to bearer issued under any Act authorising the creation of debenture stock, county stock, corporation stock, municipal stock, or funded debt, by whatever name known;<\/p>\n<p>&#8220;Teagasc&#8221; means Teagasc &#8211; The Agricultural and Food Development Authority.<\/p>\n<p>(1A)The following persons shall not be accountable persons for the purposes of this Act:<\/p>\n<p>(a)the National Treasury Management Agency;<\/p>\n<p>(b)the Minister in relation to a function exercised by the Minister which is capable of being delegated to the National Treasury Management Agency under section 5 of the National Treasury Management Agency Act 1990.<\/p>\n<p>(2)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended or extended by any subsequent enactment.<\/p>\n<p>(3)In this Act a reference to a Part, Chapter, section or Schedule is to a Part, Chapter or section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.<\/p>\n<p>(4)In this Act a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.<\/p>\n<p>Part 2<\/p>\n<h4>Charging and Stamping of Instruments (ss. 2-17A)<\/h4>\n<p>&nbsp;<\/p>\n<p>2. Charging of, liability for, and recovery of stamp duty.<br \/>\n(1)Any instrument which &#8211;<\/p>\n<p>(a)is specified in Schedule 1, and<\/p>\n<p>(b)is executed in the State or, wherever executed, relates to any property situated in the State or any matter or thing done or to be done in the State,<\/p>\n<p>shall be chargeable with stamp duty.<\/p>\n<p>(2)The stamp duties to be charged for the benefit of the Central Fund on the several instruments specified in Schedule 1 shall be the several duties specified in that Schedule, which duties shall be subject to the exemptions contained in this Act and in any other enactment for the time being in force.<\/p>\n<p>(3)Any instrument chargeable with stamp duty shall, unless it is written on duty stamped material, be duly stamped with the proper stamp duty before the expiration of 30 days after it is first executed<\/p>\n<p>(4)Where any instrument chargeable with stamp duty is not stamped or is insufficiently stamped &#8211;<\/p>\n<p>(a)the accountable person shall be liable, and<\/p>\n<p>(b)where there is more than one such accountable person they shall be liable jointly and severally,<\/p>\n<p>for the payment of the stamp duty or, where the instrument is insufficiently stamped, the additional stamp duty, any interest and penalty relating to any such duty.<\/p>\n<p>3.<\/p>\n<h4>Variation of certain rates of duty by order.<\/h4>\n<p>(1)Subject to this section, the Minister may &#8211;<\/p>\n<p>(a)by order vary the rate of duty chargeable on any instrument specified in Schedule 1 or may exempt such instrument from duty, and<\/p>\n<p>(b)make such order in respect of any particular class of instrument,<\/p>\n<p>but no order shall be made under this section for the purpose of increasing any of the rates of duty.<\/p>\n<p>(2)No order shall be made under this section for the purpose of varying the duty on any instrument or class of instrument where &#8211;<\/p>\n<p>(a)such instrument or class of instrument relates to &#8211;<\/p>\n<p>(i)any immovable property situated in the State or any rights or interest in such property,<\/p>\n<p>(ii)any stock or share of a company having a register in the State, or<\/p>\n<p>(iii)any risk situated in the State in relation to the heading &#8220;INSURANCE&#8221; in Schedule 1,<\/p>\n<p>or<\/p>\n<p>(b)such instrument or class of instrument is a bill of exchange.<\/p>\n<p>(3)Notwithstanding anything to the contrary contained in subsection (2), the Minister may make an order in respect of an instrument which is executed for the purposes of debt factoring.<\/p>\n<p>(4)The Minister may by order amend or revoke an order under this section, including an order under this subsection.<\/p>\n<p>(5)An order under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it has been made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann 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 that order.<\/p>\n<p>(6)Every order under this section shall have statutory effect on the making of that order and, subject to subsection (5), unless the order either is confirmed by Act of the Oireachtas passed not later than the end of the year following that in which the order is made, or, is an order merely revoking wholly an order previously made under that subsection, the order shall cease to have statutory effect at the expiration of that period but without prejudice to the validity of anything previously done under that order.<\/p>\n<p>4.<\/p>\n<h4>How duties are to be paid.<\/h4>\n<p>All stamp duties for the time being chargeable by law on any instruments are to be paid and denoted according to this Act and except where express provision is made to the contrary are to be denoted by impressed stamps or by attaching to the instrument the stamp certificate issued in respect of that instrument.<\/p>\n<p>5.<\/p>\n<h4>Agreement as to payment of stamp duty on instruments.<\/h4>\n<p>(1)Where in the opinion of the Commissioners it is inexpedient or impractical for any person carrying on a business and who &#8211;<\/p>\n<p>(a)in the course of that business, is a party to instruments liable to stamp duty under Schedule 1, or<\/p>\n<p>(b)acts as agent for any such party,<\/p>\n<p>to pay stamp duty in respect of each such instrument, then the Commissioners may enter into an agreement with that person for the delivery to them of accounts for specified periods giving such particulars as may be required of such instruments.<\/p>\n<p>(2)The agreement shall be in such form and shall contain such terms and conditions as the Commissioners consider proper.<\/p>\n<p>(3)Where an agreement has been entered into under this section between the Commissioners and any person, and any instrument to which the agreement relates &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)is issued during the period the agreement is in force, where the agreement is one that relates to the issue of such instrument, or<\/p>\n<p>(ii)is processed during the period the agreement is in force, where the agreement is one that relates to the processing of such instrument,<\/p>\n<p>and<\/p>\n<p>(b)contains a statement that the appropriate stamp duty has been or will be paid to the Commissioners in accordance with this section,<\/p>\n<p>then that instrument shall not be chargeable with any stamp duty but in lieu of such stamp duty, and by means of composition, there shall be charged, in respect of the instruments to which the agreement relates which were issued or processed, as the case may be, during each period of account under that agreement a stamp duty of an amount equal to the aggregate of the amounts of stamp duty which, but for this section, would have been chargeable on each of the instruments concerned, and the stamp duty chargeable under this subsection (by means of such composition) shall be paid by the person to the Commissioners on the delivery of the account.<\/p>\n<p>(3A)For the purposes of subsection (3) &#8216;processed&#8217;, in relation to an instrument that is a bill of exchange, means a bill of exchange that has been presented for payment and has been paid.<\/p>\n<p>(4)Where a person makes default in delivering any account required by any agreement under this section or in paying the duty payable on the delivery of any such account, the person shall be liable to a penalty not exceeding \u20ac125 for every day during which the default continues and shall also be liable to pay, in addition to the duty, interest on the duty, calculated in accordance with section 159D, from the date when the default begins.<\/p>\n<p>(5)Section 126B (inserted by the Finance Act 2008) shall, with any necessary modifications, apply to an account relating to a specified period within the meaning of this section as it applies to a statement within the meaning of that section.<\/p>\n<p>6.<\/p>\n<h4>How instruments are to be written and stamped.<\/h4>\n<p>(1)Every instrument &#8211;<\/p>\n<p>(a)written on stamped material shall be written in such manner, and<\/p>\n<p>(b)partly or wholly written before being stamped shall be so stamped,<\/p>\n<p>so as to have the stamp appear on the face of the instrument, and to prevent it being used for or applied to any other instrument written on the same piece of material.<\/p>\n<p>(2)If more than one instrument is written on the same piece of material, every one of the instruments shall be separately and distinctly stamped with the duty with which it is chargeable.<\/p>\n<p>7.<\/p>\n<h4>Instruments to be separately charged with duty in certain cases.<\/h4>\n<p>Except where express provision to the contrary is made by this or any other Act &#8211;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>8.<\/p>\n<h4>Facts and circumstances affecting duty to be set forth in instruments, etc.<\/h4>\n<p>(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.<\/p>\n<p>(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 &#8211;<\/p>\n<p>(a)affect the liability of such instrument to duty,<\/p>\n<p>(b)affect the amount of the duty with which such instrument is chargeable, or<\/p>\n<p>(c)may be required from time to time by the Commissioners,<\/p>\n<p>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.<\/p>\n<p>(3)Any person who before the passing of the Finance (No. 2) Act 2008 &#8211;<\/p>\n<p>(a)fraudulently or negligently executes any instrument, or<\/p>\n<p>(b)being employed or concerned in or about the preparation of any instrument, fraudulently or negligently prepares any such instrument,<\/p>\n<p>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 &#8211;<\/p>\n<p>(i)\u20ac1,265, and<\/p>\n<p>(ii)the amount of the difference between &#8211;<\/p>\n<p>(I)the amount of duty payable in respect of the instrument based on the facts and circumstances set forth and delivered, and<\/p>\n<p>(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).<\/p>\n<p>(4)Where any instrument was executed neither fraudulently nor negligently by a person and it comes to such person&#8217;s notice, or it would have come to such person&#8217;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.<\/p>\n<p>(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 \u20ac3,000.<\/p>\n<p>(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.<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)[deleted]<\/p>\n<p>8A.<\/p>\n<h4>Penalties: returns.<\/h4>\n<p>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 \u20ac3,000.<\/p>\n<p>8B. Penalties: failure to deliver returns.<br \/>\nWhere 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 \u20ac3,000.<\/p>\n<p>8C.<\/p>\n<h4>Expression of doubt.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;the law&#8217; has the meaning assigned to it by subsection (2);<\/p>\n<p>&#8216;letter of expression of doubt&#8217; means a communication received in legible form which &#8211;<\/p>\n<p>(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,<\/p>\n<p>(b)identifies the amount of stamp duty in doubt in respect of the instrument to which the expression of doubt relates,<\/p>\n<p>(c)is accompanied by supporting documentation as relevant, and<\/p>\n<p>(d)is clearly identified as a letter of expression of doubt for the purposes of this section,<\/p>\n<p>and reference to &#8216;an expression of doubt&#8217; shall be construed accordingly.<\/p>\n<p>(2)<\/p>\n<p>(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 &#8216;the law&#8217;) to an instrument which could &#8211;<\/p>\n<p>(i)give rise to a liability to stamp duty by that person, or<\/p>\n<p>(ii)affects that person&#8217;s liability to stamp duty or entitlement to an exemption or a relief from stamp duty,<\/p>\n<p>then the accountable person may lodge a letter of expression of doubt with the Commissioners in such manner as the Commissioners may require.<\/p>\n<p>(b)This subsection shall apply only if both &#8211;<\/p>\n<p>(i)the electronic return or the paper return, and<\/p>\n<p>(ii)the expression of doubt referred to in paragraph (a),<\/p>\n<p>are delivered to the Commissioners before the expiration of 30 days after the instrument is first executed.<\/p>\n<p>(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.<\/p>\n<p>(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 &#8211;<\/p>\n<p>(a)have issued general guidelines concerning the application of the law in similar circumstances,<\/p>\n<p>(b)are of the opinion that the matter is otherwise sufficiently free from doubt as not to warrant an expression of doubt, or<\/p>\n<p>(c)are of the opinion that the accountable person was acting with a view to the evasion or avoidance of duty.<\/p>\n<p>(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.<\/p>\n<p>(6)An accountable person aggrieved by a decision of the Commissioners under subsection (5) that the accountable person&#8217;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.<\/p>\n<p>&nbsp;<\/p>\n<p>9.<\/p>\n<h4>Mode of calculating ad valorem duty in certain cases.<\/h4>\n<p>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.<\/p>\n<p>10.<\/p>\n<h4>Adhesive stamps.<\/h4>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<p>(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 \u20ac630.<\/p>\n<p>(5)If any person &#8211;<\/p>\n<p>(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<\/p>\n<p>(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&#8217;s knowledge been removed in the manner specified in paragraph (a),<\/p>\n<p>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.<\/p>\n<p>11.<\/p>\n<h4>Denoting stamps.<\/h4>\n<p>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.<\/p>\n<p>12.<\/p>\n<p>Particulars delivered stamps.<\/p>\n<p>(1)In this section &#8220;fee simple&#8221;, &#8220;interest&#8221;, &#8220;land&#8221; and &#8220;lease&#8221; have the same meanings, respectively, as in section 41 of the Finance (1909-10) Act, 1910, and references to a &#8220;transferee&#8221; or a &#8220;lessee&#8221; include the personal representatives of any transferee or lessee.<\/p>\n<p>(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:<\/p>\n<p>(a)the form in which the particulars are to be delivered;<\/p>\n<p>(b)the time limits within which the particulars are to be delivered;<\/p>\n<p>(c)the manner in which the land is to be described or classified;<\/p>\n<p>(d)the furnishing of tax reference numbers of the parties to the instrument.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>13.<\/p>\n<h4>Duplicates and counterparts.<\/h4>\n<p>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 &#8211;<\/p>\n<p>(a)it is stamped as an original instrument, or<\/p>\n<p>(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.<\/p>\n<p>14.<\/p>\n<h4>Penalty on stamping instruments after execution.<\/h4>\n<p>(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 \u20ac30, 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.<\/p>\n<p>(2)[deleted]<\/p>\n<p>(2A)[deleted]<\/p>\n<p>(3)[deleted]<\/p>\n<p>(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.<\/p>\n<p>(5)[deleted]<\/p>\n<p>14A.<\/p>\n<h4>Late filing of return.<\/h4>\n<p>&nbsp;<\/p>\n<p>(1)In this section &#8216;specified return date&#8217; means the thirtieth day after the date of the first execution of an instrument chargeable with duty.<\/p>\n<p>(2)For the purposes of this section &#8211;<\/p>\n<p>(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,<\/p>\n<p>(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&#8217;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<\/p>\n<p>(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.<\/p>\n<p>(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 &#8216;surcharge&#8217;) equal to &#8211;<\/p>\n<p>(a)5 per cent of that amount of duty, subject to a maximum surcharge of \u20ac12,695, where the return is delivered before the expiry of 2 months from the specified return date, and<\/p>\n<p>(b)10 per cent of that amount of duty, subject to a maximum surcharge of \u20ac63,485, where the return is not delivered before the expiry of 2 months from the specified return date.<\/p>\n<p>15. Surcharges for undervaluation in case of voluntary dispositions inter vivos.<br \/>\nDeleted from 7 July 2012<br \/>\n(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 &#8220;submitted value&#8221;) 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 &#8220;ascertained value&#8221;) 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 &#8220;surcharge&#8221;) calculated according to the following provisions:<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(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 \u20ac6,350.<\/p>\n<p>(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.<\/p>\n<p>&nbsp;<\/p>\n<p>16. Surcharges to apply when apportionment is not just and reasonable.<br \/>\nDeleted from 7 July 2012<br \/>\n(1)In this section &#8220;residential consideration&#8221; means &#8211;<br \/>\n(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<br \/>\n(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.<\/p>\n<p>(2)Where &#8211;<\/p>\n<p>(a)in relation to any sale, section 45 (2) refers, an estimate (in this section referred to as the &#8220;vendor&#8217;s estimate&#8221; or as the &#8220;purchaser&#8217;s estimate&#8221;, as the case may be) of the residential consideration shall be made by the vendor and by the purchaser, and<\/p>\n<p>(b)in relation to any lease, section 52 (5) refers, an estimate (in this section referred to as the &#8220;lessor&#8217;s estimate&#8221; or as the &#8220;lessee&#8217;s estimate&#8221;, as the case may be) of the residential consideration shall be made by the lessor and by the lessee,<\/p>\n<p>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.<\/p>\n<p>(3)Where the purchaser&#8217;s or lessee&#8217;s estimate (in this subsection referred to as the &#8220;submitted value&#8221;) 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 &#8220;ascertained value&#8221;) 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 &#8220;surcharge&#8221;) calculated according to the following provisions:<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(4)<\/p>\n<p>(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.<\/p>\n<p>(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&#8217;s or lessor&#8217;s estimate.<\/p>\n<p>&nbsp;<\/p>\n<p>17. Furnishing of an incorrect certificate.<br \/>\nDeleted from 7 July 2012<br \/>\nThe 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.<\/p>\n<p>17A.<\/p>\n<h4>E-stamping regulations.<\/h4>\n<p>&nbsp;<\/p>\n<p>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 &#8211;<\/p>\n<p>(a)for the commencement of the operation of the e-stamping system,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(f)as to the issue of stamp certificates denoting in respect of an instrument &#8211;<\/p>\n<p>(i)that the stamp duty chargeable on the instrument (including any interest) has been paid in accordance with the electronic return or paper return,<\/p>\n<p>(ii)[deleted]<\/p>\n<p>(iii)that the instrument is not chargeable with any stamp duty,<\/p>\n<p>(iv)that the instrument is a duplicate or counterpart of an original instrument, or<\/p>\n<p>(v)that the stamp duty with which the instrument is chargeable depends in any manner on the duty paid on another instrument,<\/p>\n<p>(g)as to the issue, amendment or withdrawal of authorisations in relation to the use of the e-stamping system, and<\/p>\n<p>(h)as to measures to protect the integrity of the e-stamping system.<\/p>\n<p>Part 3<\/p>\n<h4>Valuation (ss. 18-19)<\/h4>\n<p>18.<\/p>\n<h4>Mode of valuing property.<\/h4>\n<p>For the purposes of sections 30 and 33(1), the value of property conveyed or transferred by an instrument chargeable with duty in accordance with either of those sections shall be determined without regard to &#8211;<\/p>\n<p>(a)any power (whether or not contained in the instrument) on the exercise of which the property, or any part of or any interest in, the property, may be revested in the person from whom it was conveyed or transferred or in any person on his or her behalf,<\/p>\n<p>(b)any annuity or other periodic payment reserved out of the property or any part of it, or any life or other interest so reserved, being an interest which is subject to forfeiture, or<\/p>\n<p>(c)any right of residence, support, maintenance, or other right of a similar nature which the property is subject to or charged with, except where such rights are reserved in favour of the transferor or the spouse or civil partner of the transferor and in any such case regard shall be had to such rights only to the extent that their value does not exceed 10 per cent of the unencumbered value of the property,<\/p>\n<p>but if on a claim made to the Commissioners not later than 4 years from the date the instrument was stamped by the Commissioners it is shown to their satisfaction that any such power as is mentioned in paragraph (a) has been exercised in relation to the property and the property or any property representing it has been reconveyed or retransferred in the whole or in part in consequence of that exercise, the Commissioners shall, subject to section 159A, repay the stamp duty paid by virtue of this section, in a case where the whole of such property has been so reconveyed or retransferred, so far as it exceeds the stamp duty which would have been payable apart from this section and, in any other case, so far as it exceeds the stamp duty which would have been payable if the instrument had operated to convey or transfer only such property as is not so reconveyed or retransferred.<\/p>\n<p>19. Valuation of property chargeable with stamp duty.<br \/>\nThe Commissioners shall ascertain the value of property the subject of an instrument chargeable with stamp duty in the same manner, subject to any necessary modification, as is provided for in section 26 of the Capital Acquisitions Tax Consolidation Act 2003.<\/p>\n<p>Part 4<\/p>\n<h4>Adjudication and Appeals (ss. 20-21)<\/h4>\n<p>20.<\/p>\n<p>Assessment of duty by the Commissioners.<br \/>\n(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&#8217;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.<\/p>\n<p>(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.<\/p>\n<p>(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 S\u00edoch\u00e1na) 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(7)Nothing in this section shall authorise the stamping after its execution of any instrument which by law cannot be stamped after execution.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(10)An assessment of stamp duty shall, where subsection (3) of section 14A applies, include any surcharge within the meaning of that subsection.<\/p>\n<p>21. Right of appeal of persons dissatisfied with assessment or decision.<br \/>\n(1)[deleted]<\/p>\n<p>(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.<\/p>\n<p>(3)No appeal may be made against &#8211;<\/p>\n<p>(a)an assessment made by an accountable person, or<\/p>\n<p>(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.<\/p>\n<p>(4)<\/p>\n<p>(a)Where &#8211;<\/p>\n<p>(i)an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument, or<\/p>\n<p>(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,<\/p>\n<p>and the Commissioners make an assessment in accordance with section 20, no appeal lies against the assessment until such time as &#8211;<\/p>\n<p>(I)in a case to which subparagraph (i) applies, an electronic return or a paper return is delivered to the Commissioners, and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)[deleted]<\/p>\n<p>(8)Notwithstanding subsection (2) &#8211;<\/p>\n<p>(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;<\/p>\n<p>(b)an appeal shall not lie under subsection (2) on any question relating to the value of any land.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-21290\" data-postid=\"21290\" class=\"themify_builder_content themify_builder_content-21290 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Tax on Documents Stamp duty was traditionally, and remains largely, a tax on documents, rather than on transactions.\u00a0 If there is no document, it may be\u00a0 possible to avoid stamp duty. However, there exist anti-avoidance legislation which applies in certain circumstances to provide that certain types transactions are subject to \u00a0stamp duty, even if there [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[36],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21290"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21290"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21290\/revisions"}],"predecessor-version":[{"id":34565,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21290\/revisions\/34565"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21290"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21290"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21290"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}