{"id":219,"date":"2021-04-04T13:44:14","date_gmt":"2021-04-04T13:44:14","guid":{"rendered":"http:\/\/legalblog.ie\/?p=219"},"modified":"2024-04-02T20:33:02","modified_gmt":"2024-04-02T20:33:02","slug":"financial-like-instruments","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/financial-like-instruments\/","title":{"rendered":"Financial Exemptions"},"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\/financial-like-instruments\/#Exemptions\" title=\"Exemptions\">Exemptions<\/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\/financial-like-instruments\/#Financial_Instruments\" title=\"Financial Instruments\">Financial Instruments<\/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\/financial-like-instruments\/#Various_Securities\" title=\"Various Securities\">Various Securities<\/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\/financial-like-instruments\/#Pension_Schemes\" title=\"Pension Schemes\">Pension Schemes<\/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\/financial-like-instruments\/#Funds\" title=\"Funds\">Funds<\/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\/financial-like-instruments\/#Certain_Corporate_Instruments\" title=\"Certain Corporate Instruments\">Certain Corporate Instruments<\/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\/financial-like-instruments\/#Various_Similar_Exemptions\" title=\"Various Similar Exemptions\">Various Similar Exemptions<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#STAMP_DUTIES_CONSOLIDATION_ACT\" title=\"STAMP DUTIES CONSOLIDATION ACT\">STAMP DUTIES CONSOLIDATION ACT<\/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-9\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Repayment_of_stamp_duty_on_certain_transfers_of_shares\" title=\"Repayment of stamp duty on certain transfers of shares.\">Repayment of stamp duty on certain transfers of shares.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Certain_loan_capital_and_securities\" title=\"Certain loan capital and securities.\">Certain loan capital and securities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Certain_investment_certificates\" title=\"Certain investment certificates.\">Certain investment certificates.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Certain_loan_stock\" title=\"Certain loan stock.\">Certain loan stock.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Enterprise_Securities_Market\" title=\"Enterprise Securities Market.\">Enterprise Securities Market.<\/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\/financial-like-instruments\/2\/#Stock_borrowing\" title=\"Stock borrowing.\">Stock borrowing.<\/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\/financial-like-instruments\/2\/#Stock_repo\" title=\"Stock repo.\">Stock repo.<\/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\/financial-like-instruments\/2\/#Merger_of_companies\" title=\"Merger of companies.\">Merger of companies.<\/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\/financial-like-instruments\/2\/#Certain_stocks_and_marketable_securities\" title=\"Certain stocks and marketable securities.\">Certain stocks and marketable securities.<\/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\/financial-like-instruments\/2\/#Reorganisation_of_undertakings_for_collective_investment\" title=\"Reorganisation of undertakings for collective investment.\">Reorganisation of undertakings for collective investment.<\/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\/financial-like-instruments\/2\/#Funds_reorganisation\" title=\"Funds: reorganisation.\">Funds: reorganisation.<\/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\/financial-like-instruments\/2\/#Reconstructions_or_amalgamations_of_certain_common_contractual_funds\" title=\"Reconstructions or amalgamations of certain common contractual funds.\">Reconstructions or amalgamations of certain common contractual funds.<\/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\/financial-like-instruments\/2\/#Reconstructions_or_amalgamations_of_certain_investment_undertakings\" title=\"Reconstructions or amalgamations of certain investment undertakings.\">Reconstructions or amalgamations of certain investment undertakings.<\/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\/financial-like-instruments\/2\/#Transfer_of_assets_within_unit_trusts\" title=\"Transfer of assets within unit trusts.\">Transfer of assets within unit trusts.<\/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\/financial-like-instruments\/2\/#Reconstruction_or_amalgamation_of_offshore_funds\" title=\"Reconstruction or amalgamation of offshore funds.\">Reconstruction or amalgamation of offshore funds.<\/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\/financial-like-instruments\/2\/#Amalgamation_of_unit_trusts\" title=\"Amalgamation of unit trusts.\">Amalgamation of unit trusts.<\/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\/financial-like-instruments\/2\/#Foreign_Government_securities\" title=\"Foreign Government securities.\">Foreign Government securities.<\/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\/financial-like-instruments\/2\/#Certain_financial_services_instruments\" title=\"Certain financial services instruments.\">Certain financial services instruments.<\/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\/financial-like-instruments\/2\/#Greenhouse_gas_emissions_allowance\" title=\"Greenhouse gas emissions allowance.\">Greenhouse gas emissions allowance.<\/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\/financial-like-instruments\/2\/#Dublin_Docklands_Development_Authority\" title=\"Dublin Docklands Development Authority.\">Dublin Docklands Development Authority.<\/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\/financial-like-instruments\/2\/#Courts_Service\" title=\"Courts Service.\">Courts Service.<\/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\/financial-like-instruments\/2\/#Sport_Ireland\" title=\"Sport Ireland.\">Sport Ireland.<\/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\/financial-like-instruments\/2\/#Harbours_Act_2015\" title=\"Harbours Act 2015.\">Harbours Act 2015.<\/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\/financial-like-instruments\/2\/#Temple_Bar_Properties_Limited\" title=\"Temple Bar Properties Limited.\">Temple Bar Properties Limited.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Intellectual_property\" title=\"Intellectual property.\">Intellectual property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Single_farm_payment_entitlement\" title=\"Single farm payment entitlement.\">Single farm payment entitlement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#The_Alfred_Beit_Foundation\" title=\"The Alfred Beit Foundation.\">The Alfred Beit Foundation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Shared_ownership_leases\" title=\"Shared ownership leases.\">Shared ownership leases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Licences_and_leases_granted_under_Petroleum_and_Other_Minerals_Development_Act_1960_etc\" title=\"Licences and leases granted under Petroleum and Other Minerals Development Act, 1960, etc.\">Licences and leases granted under Petroleum and Other Minerals Development Act, 1960, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Securitisation_agreements\" title=\"Securitisation agreements.\">Securitisation agreements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Housing_Finance_Agency\" title=\"Housing Finance Agency.\">Housing Finance Agency.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#National_Building_Agency_Limited\" title=\"National Building Agency Limited.\">National Building Agency Limited.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Housing_authorities_and_Affordable_Homes_Partnership\" title=\"Housing authorities and Affordable Homes Partnership.\">Housing authorities and Affordable Homes Partnership.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Grangegorman_Development_Agency\" title=\"Grangegorman Development Agency.\">Grangegorman Development Agency.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#National_Concert_Hall\" title=\"National Concert Hall.\">National Concert Hall.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Ireland_Strategic_Investment_Fund\" title=\"Ireland Strategic Investment Fund.\">Ireland Strategic Investment Fund.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Certain_instruments_made_in_anticipation_of_a_formal_insurance_policy\" title=\"Certain instruments made in anticipation of a formal insurance policy.\">Certain instruments made in anticipation of a formal insurance policy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Certain_health_insurance_contracts\" title=\"Certain health insurance contracts.\">Certain health insurance contracts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Certain_policies_of_insurance\" title=\"Certain policies of insurance.\">Certain policies of insurance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Oireachtas_funds\" title=\"Oireachtas funds.\">Oireachtas funds.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Certificates_of_indebtedness_etc\" title=\"Certificates of indebtedness, etc.\">Certificates of indebtedness, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Miscellaneous_instruments\" title=\"Miscellaneous instruments.\">Miscellaneous instruments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/financial-like-instruments\/2\/#Companies_Capital_Duty_ss_114-122_Repealed\" title=\"Companies Capital Duty (ss. 114-122) (Repealed)\">Companies Capital Duty (ss. 114-122) (Repealed)<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Exemptions\"><\/span>Exemptions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Many activities in the financial services sector, particularly those based in Ireland but focused internationally, are exempted from stamp duty.\u00a0Stamp duty is chargeable on of the following instruments:<\/p>\n<ul>\n<li>a debt factoring agreement;<\/li>\n<li>a swap agreement;<\/li>\n<li>a forward agreement;<\/li>\n<li>a financial futures agreement;<\/li>\n<li>an option agreement;<\/li>\n<li>a combination of any 2 or more of the instruments specified above<\/li>\n<li>a transfer of, or an agreement to transfer any instrument specified above \u00a0or a combination of any 2 or more such instruments,<\/li>\n<li>certain non real property leases<\/li>\n<li>an American depositary receipt.<\/li>\n<\/ul>\n<p>The exemptions do not apply where the instrument refers to Irish land or shares in an Irish company. It does not apply to<\/p>\n<ul>\n<li>instruments relating to immovable property in the State or an interest in such property<\/li>\n<li>shares or securities in companies registered in the State, other than investment undertakings and \u00a0securitisation type vehicle.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Instruments\"><\/span>Financial Instruments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Debt factoring agreements are exempt.\u00a0 They are defined are agreements for the sale or transfer of a debt, or part of a debt, where the sale occurs in the ordinary course of business of the vendor or purchaser.\u00a0 This exemption would be available for normal invoice discounting and debt factoring.\u00a0 It will not be available for the standalone sale of book debts.\u00a0 The exemption applies to Irish and other debts.<\/p>\n<p>A swap agreement or agreement to transfer a swap agreement, is exempt, provided that It does not apply where it relates to Irish land or shares.\u00a0 A swap agreement in this context, is certain classes of agreements under which the parties exchange the payment or repayment of monies in respect of which such parties have obligations or rights<\/p>\n<ul>\n<li>which are denominated in different currencies;<\/li>\n<li>are subject to payment of different interest rate;<\/li>\n<li>relate to present and future prices of specified commodities, stocks or marketable securities.<\/li>\n<\/ul>\n<p>The definition covers most interest rate, currencies and commodity swaps as well as the swaps of shares and securities<\/p>\n<p>A foreword agreement and an agreement to transfer a forward agreement are exempt.\u00a0 A foreword agreement is an agreement under which a party agrees to buy or sell commodities, currency, stock or securities or to pay or receive a sum on a specified date within a specified and determinable period of time where the sum payable is determined or determinable at the time of execution of the agreement.\u00a0 It also covers agreements which \u00a0provide for payment of the right to receive payments or impose liabilities at a future date, where the obligations are dependent on and related to movements in specified stock exchange index or indices.<\/p>\n<p>A financial futures agreement is similar to a foreword agreement. It is in formalised terms and is usually dealt with on a futures or stock exchange.\u00a0 There is an exemption from stamp duty for financial futures agreements and for agreements to transfer such agreements.<\/p>\n<p>An option to buy or sell stocks, marketable securities, commodities or currencies and agreements concerning the right to receive payments and imposing liability to make payments dependant on movement of a stock exchange, is exempt.\u00a0 Also exempt are agreements to borrow money or lend money to another party to the agreement for specified period in consideration of the payment of interest or its equivalent, at a rate that is determinable or determined at the date of execution.\u00a0 The exemption does not apply to Irish lands or shares.<\/p>\n<p>There may be a combination of options, futures and swaps within a single instrument.\u00a0 The combinations are also exempt.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Various_Securities\"><\/span>Various Securities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Transfer of securities issued by \u201csection 110\u201d securitisation vehicle, are exempt.\u00a0 The money raised by securities must have been used in the course of the company&#8217;s qualifying business.\u00a0 Qualifying business includes the business of holding and managing financial assets, commodities, plant and equipment.<\/p>\n<p>Financial assets includes invoices, receivables, shares, securities, futures, options, derivatives, leases and loan portfolios, instruments evidencing debt, hire purchase agreements, bills of exchanges, carbon offsets, contracts of insurance and \u00a0contracts for reinsurance.<\/p>\n<p>The transfers of stock and security issued by foreign Governments and local authorities are exempt.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pension_Schemes\"><\/span>Pension Schemes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are exemptions for transfers of assets as such held by pension schemes or charities<\/p>\n<ul>\n<li>where the asset continues to be held by it after the transfer has taken place to a specified fund,<\/li>\n<li>to a transferee fund which issues units or shares, which are \u00a0to be held for the benefit of the pension scheme.<\/li>\n<\/ul>\n<p>There are exemptions for<\/p>\n<ul>\n<li>transfers of assets by a fund to or for the benefit of a pension scheme or charity<\/li>\n<li>transfers of asset to a fund where the receiving fund grants units or shares to the transferring fund or the to unit holders or shareholders in the transferring fund, in proportion to their holdings.<\/li>\n<\/ul>\n<p>Funds include the principal \u00a0collective investment vehicles in Ireland.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Funds\"><\/span>Funds<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are exemptions for the transfers of shares in collective investment schemes.\u00a0 See separately in relation to the various vehicles through which financial collective investment may be undertaken in Ireland.\u00a0 The exceptions apply both to investment vehicles under Irish law (common contractual fund, unit trust, ICAV and investment company) and also to equivalent entities under the laws of other States.<\/p>\n<p>The exemption does not apply to transfers of units or stock of a company registered in the State or a conveyance or transfer which relates to immovable property situated in the State. shares.\u00a0 It does not apply to transfers of units or securities in entities registered outside the State which relate to immovable property in the State or stocks or shares of companies registered in the State.<\/p>\n<p>Transfers and issues for the purpose or reconstructions or amalgamations, by which foreign funds transfer assets to domestic funds or domestic funds issues units in itself to holders of foreign funds in proportion to their holding in the foreign funds, are exempt. There are other exemptions for reconstructions and amalgamations of investment undertakings and entities.<\/p>\n<p>The transfers of assets within certain investment undertakings and unit trusts are exempt.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Certain_Corporate_Instruments\"><\/span>Certain Corporate Instruments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is an exemption for a conveyance or transfer of stocks and securities in a company or body cooperate not registered in the State, where the register is situated in the State. THis\u00a0 \u00a0and that it is intended to facilitate the holding of foreign registers in Ireland.<\/p>\n<p>An instrument of renunciation of a letter of allotment in respect of quoted shares, is exempt.\u00a0 A letter of allotment allows the allottee to renounce the rights, typically issued by reason of existing shareholding, to a third-party.\u00a0 In strict terms, the exemption applies to the Irish Stock exchange.\u00a0 The Revenue may recognise other stock exchange.\u00a0 It is not available for unquoted shares.<\/p>\n<p>There is an exemption for stock borrowing and lending transactions and repo transactions.\u00a0 The commitment to reacquire must be performed within 12 months.\u00a0 Stock lending comprises an out and out transfer, notwithstanding that it is a quasi-security transaction.\u00a0 The exemption covers the transfer of stock to the stock \u201cborrower\u201d and transfer of security.\u00a0 It also exempts the reacquisition.<\/p>\n<p>American Depository Receipts are acknowledgments by trustees that they holds stocks or shares inserted in recognised U.S. stock exchange or Canadian stock exchange.\u00a0 There is an exception for transfers or agreements to transfer American Depository Receipts.\u00a0 Such structures are commonly used by U.S. in order to facilitate investment in public and offerings of U.S.\u00a0 shares.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Various_Similar_Exemptions\"><\/span>Various Similar Exemptions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Transfers of an asset covered security or of an asset to or by a designated credit institution in accordance with a scheme approved by the regulator or Minister for Finance under the Asset Covered Securities Act is exempt.<\/p>\n<p>There is exemption on instruments for the sale and transfer of greenhouse gas allowances.<\/p>\n<p>Stamp duty is not chargeable on transfers of<\/p>\n<ul>\n<li>intellectual property<\/li>\n<li>single farm payment entitlements<\/li>\n<li>from a recognised clearing or its nominee to another clearing house or its nominee.<\/li>\n<\/ul>\n<p>Certain types of securities, including debt\u00a0securities, issued by the Minister for Finance or by the National Treasury Management Agency on his behalf and other securities\u00a0issued by the National Treasury Management Agency on behalf of the Minster for Agriculture are exempt from stamp duties.<\/p>\n<p><!--nextpage--><\/p>\n<h2>STAMP DUTIES CONSOLIDATION ACT<\/h2>\n<p>Chapter 2 Other instruments (ss. 84-113)<\/p>\n<p>Draft 108D. Future Ireland Fund and Infrastructure, Climate and Nature Fund.<br \/>\n[Draft Proposed Section]<\/p>\n<p>84.<\/p>\n<h4>Repayment of stamp duty on certain transfers of shares.<\/h4>\n<p>(1)In this section &#8220;approved scheme&#8221;, &#8220;participant&#8221;, &#8220;the release date&#8221; and &#8220;shares&#8221; have the same meanings, respectively, as in section 509 of the Taxes Consolidation Act, 1997.<\/p>\n<p>(2)Where, in relation to an instrument, it is shown to the satisfaction of the Commissioners that the instrument gives effect, on or after the release date, to the transfer of shares by, or on behalf of, a person who is, or had become, entitled to those shares as a participant in an approved scheme, the Commissioners shall, subject to section 159A, repay such an amount of the stamp duty as was paid, by reference to the heading &#8220;Conveyance or Transfer on sale of any stocks or marketable securities&#8221; in Schedule 1, on the instrument in respect of those shares.<\/p>\n<p>85.<\/p>\n<h4>Certain loan capital and securities.<\/h4>\n<p>(1)In this section &#8220;loan capital&#8221; means any debenture stock, bonds or funded debt, by whatever name known, or any capital raised which is borrowed or has the character of borrowed money, whether in the form of stock or in any other form.<\/p>\n<p>(1A)For the purposes of subsection (2) (d) &#8220;enhanced equipment trust certificate&#8221; means loan capital issued by a company to raise finance to acquire, develop or lease aircraft.<\/p>\n<p>(2)Stamp duty shall not be chargeable on &#8211;<\/p>\n<p>(a)the issue, whether in bearer form or otherwise, of &#8211;<\/p>\n<p>(i)any Government loan within the meaning assigned by section 134(10) of the Finance Act, 1990, or<\/p>\n<p>(ii)any other loan capital;<\/p>\n<p>(b)the transfer of loan capital of a company or other body corporate which &#8211;<\/p>\n<p>(i)does not carry a right of conversion into stocks or marketable securities (other than loan capital) of a company having a register in the State or into loan capital having such a right,<\/p>\n<p>(ii)does not carry rights of the same kind as shares in the capital of a company, including rights such as voting rights, a share in the profits or a share in the surplus on liquidation,<\/p>\n<p>(iii)[deleted]<\/p>\n<p>(iv)is issued for a price which is not less than 90 per cent of its nominal value, and<\/p>\n<p>(v)does not carry a right to a sum in respect of repayment or interest which is related to certain movements in an index or indices (based wholly or partly and directly or indirectly on stocks or marketable securities) specified in any instrument or other document relating to the loan capital,<\/p>\n<p>(c)the issue or transfer of securities issued by a qualifying company within the meaning of section 110 of the Taxes Consolidation Act, 1997, where the money raised by such securities is used in the course of its business, and<\/p>\n<p>(d)the issue, transfer or redemption of an enhanced equipment trust certificate.<\/p>\n<p>85A.<\/p>\n<h4>Certain investment certificates.<\/h4>\n<p>Stamp duty shall not be chargeable on the issue, transfer or redemption of an investment certificate within the meaning of section 267N (inserted by the Finance Act 2010) of the Taxes Consolidation Act 1997.<\/p>\n<p>86.<\/p>\n<h4>Certain loan stock.<\/h4>\n<p>Stamp duty shall not be chargeable on transfers of any loan stock &#8211;<\/p>\n<p>(a)of a company registered or established in the State or a Board established by or under an Act of the Oireachtas or the Oireachtas of Saorst\u00e1t \u00c9ireann the payment of the interest on which is guaranteed by the Minister, or<\/p>\n<p>(b)of the Electricity Supply Board, Radio Telef\u00eds \u00c9ireann, or Bord G\u00e1is \u00c9ireann or Uisce \u00c9ireann to which paragraph (a) does not apply.<\/p>\n<p>86A.<\/p>\n<h4>Enterprise Securities Market.<\/h4>\n<p>(1)Stamp duty shall not be chargeable on any conveyance or transfer of stocks or marketable securities admitted to the Euronext Growth market operated by the Irish Stock Exchange plc trading as Euronext Dublin.<\/p>\n<p>(2)Subsection (1) shall not apply to any conveyance or transfer of stocks or marketable securities where the admission of the stocks or marketable securities to the Euronext Growth market operated by the Irish Stock Exchange plc trading as Euronext Dublin has been cancelled by the Irish Stock Exchange plc trading as Euronext Dublin.<\/p>\n<p>87.<\/p>\n<h4>Stock borrowing.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;collateral stock&#8221;, in relation to a stock borrowing, means stock which is transferred to the lender by means of security for the performance of the undertaking referred to in paragraph (b) of the definition of &#8220;stock borrowing&#8221;;<\/p>\n<p>&#8220;equivalent stock&#8221; means stock of an identical type, nominal value, description and amount as was so obtained from the lender or where, since the date of the stock borrowing, such stock has been paid or has been converted, subdivided, consolidated, redeemed, made the subject of a takeover, call on partly paid stock, capitalisation issue, rights issue, distribution or other similar event, then &#8220;equivalent stock&#8221; means &#8211;<br \/>\n(a)in the case of conversion, subdivision or consolidation, the stock into which the borrowed stock has been converted, subdivided or consolidated,<br \/>\n(b)in the case of redemption, a sum of money equivalent to the proceeds of the redemption,<br \/>\n(c)in the case of takeover, a sum of money or stock, being the consideration or alternative consideration which the lender has directed the stock borrower to accept,<br \/>\n(d)in the case of a call on partly paid stock, the paid-up stock but only where the lender shall have paid to the stock borrower the sum due,<br \/>\n(e)in the case of a capitalisation issue, the borrowed stock together with the stock allotted by means of a bonus on that borrowed stock,<br \/>\n(f)in the case of a rights issue, the borrowed stock together with the stock allotted on that borrowed stock, which the lender has directed the borrower to take up but only where the lender shall have paid to the stock borrower all and any sum due in respect of the stock allotted,<br \/>\n(g)in the event that a distribution is made in respect of the borrowed stock in the form of stock or a certificate which may at a future date be exchanged for stock or where an option is exercised to take a distribution in the form of stock or a certificate which may at a future date be exchanged for stock, the borrowed stock together with stock or a certificate equivalent to those allotted, and<br \/>\n(h)in the case of any event similar to any of the foregoing, the borrowed stock together with or replaced by a sum of money or stock equivalent to that received in respect of such borrowed stock resulting from such events;<\/p>\n<p>&#8220;stock borrowing&#8221; means a transaction in which a person other than an individual (in this section referred to as the &#8220;stock borrower&#8221;) &#8211;<br \/>\n(a)obtains stock from another person other than an individual (in this section referred to as the &#8220;lender&#8221;), and<br \/>\n(b)gives an undertaking to provide to the lender, not later than 12 months after the date on which the said stock borrower obtained the stock referred to in paragraph (a), equivalent stock;<\/p>\n<p>&#8220;stock return&#8221;, in relation to a stock borrowing, means a transaction or transactions in which, in respect of such stock borrowing, the undertaking referred to in paragraph (b) of the definition of &#8220;stock borrowing&#8221; is carried out within the period referred to in that paragraph.<\/p>\n<p>(2)Stamp duty shall not be chargeable &#8211;<\/p>\n<p>(a)on a stock borrowing or on a stock return, or<\/p>\n<p>(b)on the transfer of collateral stock to the lender.<\/p>\n<p>(3)If and to the extent that the stock borrower does not return or cause to be returned to the lender before the expiration of the period of 12 months from the date of the stock borrowing equivalent stock the stock borrower shall pay to the Commissioners within 14 days after the expiration of that period the amount of ad valorem duty which would have been chargeable on the stock so obtained if this section had not been enacted and if any stock borrower fails to duly pay any sum which that borrower is liable to pay under this subsection, that sum, together with interest on that sum, calculated in accordance with section 159D, from the first day after the expiration of that period of 12 months to the date of payment of that sum and, by means of a penalty, a sum equal to 1 per cent of the duty for each day the duty remains unpaid, shall be recoverable from the stock borrower.<\/p>\n<p>(4)Every stock borrower shall maintain, for a period of 3 years from the date of the stock borrowing, separate records of each stock borrowing and any stock return made in respect of that stock borrowing and such records shall include, in respect of each stock borrowing, the following:<\/p>\n<p>(a)[deleted]<\/p>\n<p>(b)the name and address of the lender;<\/p>\n<p>(c)the type, nominal value, description and amount of stock borrowed from the lender;<\/p>\n<p>(d)the date on which the stock was transferred from the lender to the stock borrower;<\/p>\n<p>(e)the date on which equivalent stock should be returned to the lender;<\/p>\n<p>(f)the type, nominal value, description and amount of the stock returned to the lender and the date of the stock return;<\/p>\n<p>(g)where paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of the definition of &#8220;equivalent stock&#8221; in subsection (1) applies, full details of that equivalent stock.<\/p>\n<p>87A.<\/p>\n<h4>Stock repo.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;equivalent stock&#8221; has the meaning assigned to it by section 87 subject to references &#8211;<br \/>\n(a)to &#8220;obtained from the lender&#8221; being read as &#8220;transferred to the repo buyer&#8221;,<br \/>\n(b)to &#8220;stock borrowing&#8221; being read as &#8220;stock transfer&#8221;,<br \/>\n(c)to &#8220;lender&#8221; being read as &#8220;repo seller&#8221;,<br \/>\n(d)to &#8220;stock borrower&#8221; being read as &#8220;repo buyer&#8221;,<br \/>\n(e)to &#8220;borrowed stock&#8221; being read as &#8220;stock transferred&#8221;, and<br \/>\n(f)to &#8220;borrower&#8221; being read as &#8220;repo buyer&#8221;;<\/p>\n<p>&#8220;repurchase agreement&#8221; means an agreement between a person other than an individual (in this section referred to as the &#8220;repo seller&#8221;) and another person other than an individual (in this section referred to as the &#8220;repo buyer&#8221;) whereby the repo seller agrees to sell stock to the repo buyer on terms that the repo seller will repurchase, and the repo buyer will resell, equivalent stock not later than 12 months after the date of the stock transfer;<\/p>\n<p>&#8220;stock return&#8221; means a transaction or transactions whereby a repo buyer conveys equivalent stock to a repo seller in pursuance of a repurchase agreement and within the 12 months time limit referred to in the repurchase agreement;<\/p>\n<p>&#8220;stock transfer&#8221; means a transaction whereby a repo seller conveys stock to a repo buyer in pursuance of a repurchase agreement.<\/p>\n<p>(2)Stamp duty shall not be chargeable on a stock transfer or on a stock return.<\/p>\n<p>(3)If and to the extent that the repo seller does not repurchase or cause to be repurchased from the repo buyer before the expiration of the period of 12 months from the date of the stock transfer equivalent stock the repo buyer shall pay to the Revenue Commissioners within 14 days after the expiration of that period the amount of ad valorem duty which would have been chargeable on the stock so transferred if this section had not been enacted.<\/p>\n<p>(4)If any repo buyer fails to duly pay any sum which that repo buyer is liable to pay under subsection (3), that sum, together with &#8211;<\/p>\n<p>(a)interest on that sum, calculated in accordance with section 159D, from the first day after the expiration of the period of 12 months referred to in subsection (3) to the date of payment of that sum, and<\/p>\n<p>(b)by means of a penalty, a sum equal to 1 per cent of the duty for each day the duty remains unpaid,<\/p>\n<p>shall be recoverable from the repo buyer.<\/p>\n<p>(5)Every repo buyer shall maintain, for a period of 3 years from the date of the stock transfer, separate records of each stock transfer and any stock return made in respect of that stock transfer and such records shall include, in respect of each stock transfer, the following:<\/p>\n<p>(a)the name and address of the repo seller;<\/p>\n<p>(b)the type, nominal value, description and amount of the stock transferred by the repo seller;<\/p>\n<p>(c)the date on which the stock was transferred to the repo buyer;<\/p>\n<p>(d)the date on which equivalent stock should be repurchased by the repo seller;<\/p>\n<p>(e)the type, nominal value, description and amount of the stock returned by the repo buyer to the repo seller and the date of such return;<\/p>\n<p>(f)where paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of the definition of &#8220;equivalent stock&#8221; applies, full details of that equivalent stock.<\/p>\n<p>87B.<\/p>\n<h4>Merger of companies.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;cross-border merger&#8217; has the same meaning as in Regulation 25 of the European Union (Cross-Border Conversions, Mergers and Divisions) Regulations 2023 (S.I. No. 233 of 2023);<\/p>\n<p>&#8216;merger&#8217; has the same meaning as in Regulation 4 of the European Communities (Mergers and Divisions of Companies) Regulations 1987 (S.I. No. 137 of 1987);<\/p>\n<p>&#8216;SE&#8217; means a European public limited-liability company (Societas Europaea or SE) as provided for by the SE Regulation;<\/p>\n<p>&#8216;SE merger&#8217; means the formation of an SE by merger of 2 or more companies in accordance with Article 2(1) and subparagraph (a) or (b) of Article 17(2) of the SE Regulation;<\/p>\n<p>&#8216;SE Regulation&#8217; means Council Regulation (EC) No. 2157\/2001 of 8 October 2001 on the Statute for a European company (SE).<\/p>\n<p>(2)Stamp duty shall not be chargeable on an instrument made for the purposes of the transfer of assets pursuant to a merger, a cross-border merger or an SE merger.<\/p>\n<p>88.<\/p>\n<p>&nbsp;<\/p>\n<h4>Certain stocks and marketable securities.<\/h4>\n<p>(1)<\/p>\n<p>(a)In subparagraph (ii) of paragraph (b) &#8211;<\/p>\n<p>&#8220;collective investment scheme&#8221; means a scheme which is an arrangement made for the purpose, or having the effect, solely or mainly, of providing facilities for the participation by the public or other investors, as beneficiaries, in profits or income arising from the acquisition, holding, management or disposal of securities or any other property;<\/p>\n<p>&#8220;units&#8221; includes shares and any other instruments granting an entitlement to shares in the investments or income of, or receive a distribution from, a collective investment scheme.<\/p>\n<p>(b)Subject to subsection (2) and section 31C (inserted by section 62 of the Finance Act 2017), stamp duty shall not be chargeable on any conveyance or transfer of &#8211;<\/p>\n<p>(i)units in an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997,<\/p>\n<p>(ia)units in a common contractual fund within the meaning of section 739I of the Taxes Consolidation Act 1997,<\/p>\n<p>(ib)units in an investment limited partnership within the meaning of section 739J of the Taxes Consolidation Act 1997,<\/p>\n<p>(ii)units in a collective investment scheme which is incorporated or otherwise formed under the law of a territory outside the State,<\/p>\n<p>(iii)units of a unit trust to which subsection (5) or (6) of section 731 of the Taxes Consolidation Act, 1997, relates, or<\/p>\n<p>(iv)stocks or marketable securities of a company or other body corporate which is not registered in the State.<\/p>\n<p>(2)Paragraph (b) of subsection (1) shall not apply where the conveyance or transfer of units (being units within the meaning of subparagraph (ii) of paragraph (b) of subsection (1)) or stocks or marketable securities (being stocks or marketable securities within the meaning of subparagraph (iv) of paragraph (b) of subsection (1)), as the case may be, relates to &#8211;<\/p>\n<p>(a)any immovable property situated in the State or any right over or interest in such property, or<\/p>\n<p>(b)any stocks or marketable securities of a company which is registered in the State, other than a company which is &#8211;<\/p>\n<p>(i)an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, or<\/p>\n<p>(ii)a qualifying company within the meaning of section 110 of the Taxes Consolidation Act 1997.<\/p>\n<p>88A.<\/p>\n<h4>Reorganisation of undertakings for collective investment.<\/h4>\n<p>Stamp duty shall not be chargeable on any conveyance or transfer of assets in respect of which no chargeable gain accrues by virtue of section 739A (inserted by the Finance Act, 2000) of the Taxes Consolidation Act, 1997.<\/p>\n<p>88B.<\/p>\n<h4>Funds: reorganisation.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;domestic fund&#8217; means an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997 other than an investment undertaking referred to in section 739I(1) (a) (ii) of that Act;<\/p>\n<p>&#8216;foreign fund&#8217; means an arrangement which takes effect by virtue of the law of a territory outside the State, being an arrangement made for the purpose, or having the effect, solely or mainly, of providing facilities for the participation by the public or other investors, as beneficiaries, in profits or income arising from the acquisition, holding, management or disposal of securities or any other property;<\/p>\n<p>&#8216;units&#8217;, in relation to a domestic fund or, as the case may be, a foreign fund, includes shares and any other instruments granting an entitlement to shares in the investments or income of, or to receive a distribution from, a domestic fund or, as the case may be, a foreign fund.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any instrument made for the purposes of or in connection with any arrangement between a foreign fund and a domestic fund, being an arrangement entered into for the purposes of or in connection with a scheme of reconstruction or amalgamation under which &#8211;<\/p>\n<p>(a)the foreign fund transfers assets to the domestic fund and the domestic fund &#8211;<\/p>\n<p>(i)issues units to persons who hold units in the foreign fund in respect of and in proportion to (or as nearly as may be in proportion to) their holdings of units in the foreign fund, or<\/p>\n<p>(ii)issues units directly to the foreign fund,<\/p>\n<p>or<\/p>\n<p>(b)the domestic fund transfers assets to the foreign fund and the foreign fund &#8211;<\/p>\n<p>(i)issues units to persons who hold units in the domestic fund in respect of and in proportion to (or as nearly as may be in proportion to) their holdings of units in the domestic fund, or<\/p>\n<p>(ii)issues units directly to the domestic fund.<\/p>\n<p>88C.<\/p>\n<h4>Reconstructions or amalgamations of certain common contractual funds.<\/h4>\n<p>Stamp duty shall not be chargeable on any instrument made for the purposes of or in connection with a scheme for the reconstruction or amalgamation of a common contractual fund to which subsection (3) (inserted by the Finance Act 2006) of section 739H of the Taxes Consolidation Act 1997 applies.<\/p>\n<p>88D.<\/p>\n<h4>Reconstructions or amalgamations of certain investment undertakings.<\/h4>\n<p>(1)Subject to subsection (2), stamp duty shall not be chargeable on an instrument made for the purposes of or in connection with a scheme for the reconstruction or amalgamation of an investment undertaking to which subsections (1), (1A) and (1B) (inserted by the Finance Act 2008) and (2) of section 739H of the Taxes Consolidation Act 1997 apply.<\/p>\n<p>(2)Subsection (1) shall not apply to an instrument made for the purposes of or in connection with a scheme for the reconstruction or amalgamation of a common contractual fund within the meaning of section 739I(1)(a)(ii) of the Taxes Consolidation Act 1997.<\/p>\n<p>88E.<\/p>\n<h4>Transfer of assets within unit trusts.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;investment undertaking&#8217; means &#8211;<\/p>\n<p>(a)an investment undertaking to which paragraph (a) of the definition of &#8216;investment undertaking&#8217; in section 739B(1) of the Taxes Consolidation Act 1997 relates, and<\/p>\n<p>(b)an investment undertaking that is a &#8216;unit trust&#8217;;<\/p>\n<p>&#8216;relevant Regulations&#8217; has the same meaning as in section 739B(1) of the Taxes Consolidation Act 1997;<\/p>\n<p>&#8216;unit trust&#8217; has the same meaning as in relevant Regulations.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any instrument made for the purposes of the transfer of assets within an investment undertaking.<\/p>\n<p>88F.<\/p>\n<h4>Reconstruction or amalgamation of offshore funds.<\/h4>\n<p>Stamp duty shall not be chargeable on any instrument made for the purposes of or in connection with &#8211;<\/p>\n<p>(a)a scheme of reconstruction or amalgamation of an offshore fund to which section 747F of the Taxes Consolidation Act 1997 refers, or<\/p>\n<p>(b)an exchange referred to in paragraph (b) of section 747E(1A) of the Taxes Consolidation Act 1997.<\/p>\n<p>88G.<\/p>\n<p>&nbsp;<\/p>\n<h4>Amalgamation of unit trusts.<\/h4>\n<p>Stamp duty shall not be chargeable on any instrument made for the purposes of or in connection with a scheme of amalgamation to which section 739D(8C) of the Taxes Consolidation Act 1997 refers.<\/p>\n<p>89.<\/p>\n<h4>Foreign Government securities.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;foreign local authority&#8221; means an authority, corresponding in substance to a local authority for the purposes of the Local Government Act 2001, which is established outside the State and whose functions are carried on primarily outside the State;<\/p>\n<p>&#8220;foreign local government&#8221; means any local or regional government in any jurisdiction outside the State.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any conveyance or transfer of stocks or other securities of the government of any territory outside the State, of a foreign local government or of a foreign local authority.<\/p>\n<p>90.<\/p>\n<h4>Certain financial services instruments.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;American depositary receipt&#8221; means an instrument &#8211;<br \/>\n(a)which acknowledges &#8211;<br \/>\n(i)that a depositary or a nominee acting on such depositary&#8217;s behalf, holds stocks or marketable securities, and<br \/>\n(ii)that the holder of the instrument has rights in or in relation to such stocks or marketable securities including the right to receive such stocks or marketable securities from the depositary or such depositary&#8217;s nominee,<br \/>\nand<br \/>\n(b)which &#8211;<br \/>\n(i)is dealt in on a recognised stock exchange which is situated in the United States of America or Canada, or<br \/>\n(ii)represents stocks or marketable securities which are so dealt in;<\/p>\n<p>&#8220;commodities&#8221; means tangible assets (other than currency, securities, debts or other assets of a financial nature) which are dealt in on a recognised commodity exchange;<\/p>\n<p>&#8220;debt factoring agreement&#8221; means an agreement for the sale, or a transfer on sale, of a debt or part of a debt where such sale occurs in the ordinary course of the business of the vendor or the purchaser;<\/p>\n<p>&#8220;depositary&#8221; means a person who holds stocks or marketable securities in trust for or on behalf of holders of depositary receipts and who maintains a register of ownership of such depositary receipts;<\/p>\n<p>&#8220;financial futures agreement&#8221; means a forward agreement which is for the time being dealt in on a recognised futures exchange or a recognised stock exchange;<\/p>\n<p>&#8220;forward agreement&#8221; means &#8211;<br \/>\n(a)an agreement under which a party to the agreement agrees &#8211;<br \/>\n(i)to buy or sell commodities, currency, stocks or marketable securities, or<br \/>\n(ii)to pay or receive a sum of money, whether or not such money is actually paid or received,<br \/>\nat a specified date or within a specified or determinable period of time and pursuant to which the price or currency exchange rate concerned or, in the case of a sum of money, the interest (if any) payable, or expressed to be payable, on such sum of money is determined or determinable at the time of the execution of the agreement, or<br \/>\n(b)an agreement conferring the right to receive certain payments and imposing the liability to make certain payments, the receipt and making of the payments being dependent on and related to certain movements in a specified stock exchange index or specified stock exchange indices;<\/p>\n<p>&#8220;option agreement&#8221; means an agreement under which a right is conferred on a party to the agreement to do, at the party&#8217;s discretion, either or both of the following, that is &#8211;<br \/>\n(a)to buy from or sell to or buy from and sell to another party to the agreement &#8211;<br \/>\n(i)specified stocks, marketable securities, commodities or currency,<br \/>\n(ii)an agreement conferring the right to receive certain payments and imposing the liability to make certain payments, the receipt and making of the payments being dependent on and related to certain movements in a specified stock exchange index or specified stock exchange indices,<br \/>\non or before a specified date at a price that is determined or determinable at the time of the execution of the agreement,<br \/>\n(b)to borrow money from or lend money to another party to the agreement for or within a specified period in consideration of the payment of interest by the party by whom the money is borrowed or to whom it is lent to the other party concerned at a rate that is determined or determinable at the time of the execution of the agreement;<\/p>\n<p>&#8220;swap agreement&#8221; means an agreement under which the parties to the agreement exchange payments or repayments of money in respect of which such parties have obligations or rights and which are denominated in a specified currency or are subject to the payment of a specified rate of interest or relate to the price of specified commodities, stocks or marketable securities, for payments or repayments of the same kind which are denominated in another specified currency or are subject to the payment of a specified different rate of interest or relate to the price of other specified commodities, stocks or marketable securities.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any of the following instruments:<\/p>\n<p>(a)a debt factoring agreement;<\/p>\n<p>(b)a swap agreement;<\/p>\n<p>(c)a forward agreement;<\/p>\n<p>(d)a financial futures agreement;<\/p>\n<p>(e)an option agreement;<\/p>\n<p>(f)a combination of any 2 or more of the instruments specified in paragraphs (a) to (e);<\/p>\n<p>(g)a transfer of, or an agreement to transfer &#8211;<\/p>\n<p>(i)any instrument specified in paragraphs (a) to (e), or a combination of any 2 or more such instruments,<\/p>\n<p>(ii)a lease or an interest in a lease, other than a lease to which any heading in Schedule 1 applies, or<\/p>\n<p>(iii)an American depositary receipt.<\/p>\n<p>(3)Subsection (2) shall not apply if the instrument, other than an instrument which is a transfer of, or an agreement to transfer, an American depositary receipt relates to &#8211;<\/p>\n<p>(a)immovable property situated in the State or any right over or interest in such property, or<\/p>\n<p>(b)any stocks or marketable securities of a company which is registered in the State, other than a company which is &#8211;<\/p>\n<p>(i)an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, or<\/p>\n<p>(ii)a qualifying company within the meaning of section 110 of the Taxes Consolidation Act 1997.<\/p>\n<p>(4)Notwithstanding that, in respect of any particular provision it contains, an instrument is exempt from stamp duty under this section, if the instrument is liable to stamp duty in respect of any other provision it contains under any heading in Schedule 1, the instrument shall be chargeable with the latter stamp duty.<\/p>\n<p>90A.<\/p>\n<h4>Greenhouse gas emissions allowance.<\/h4>\n<p>(1)In this section &#8216;greenhouse gas emissions allowance&#8217; means carbon offsets within the meaning of section 110(1) of the Taxes Consolidation Act 1997.<\/p>\n<p>(2)Subject to subsection (3), stamp duty shall not be chargeable under or by reference to any heading in Schedule 1 on an instrument for the sale, transfer or other disposition of a greenhouse gas emissions allowance.<\/p>\n<p>(3)Where stamp duty is chargeable on an instrument under or by reference to any heading in Schedule 1 and part of the property concerned consists of a greenhouse gas emissions allowance &#8211;<\/p>\n<p>(a)the consideration in respect of which stamp duty would otherwise be chargeable shall be apportioned, on such basis as is just and reasonable, as between the part of the property which consists of a greenhouse gas emissions allowance and the part which does not, and<\/p>\n<p>(b)the instrument shall be chargeable only in respect of the consideration attributable to such of the property as is not a greenhouse gas emissions allowance.<\/p>\n<p>(4)[deleted]<\/p>\n<p>(5)Where part of the property referred to in subsection (1) of section 45 consists of a greenhouse gas emissions allowance, that subsection shall have effect as if the words &#8216;in such manner as is just and reasonable&#8217; were substituted for &#8216;in such manner, as the parties think fit&#8217;.<\/p>\n<p>(6)Where part of the property referred to in subsection (3) of section 45 consists of a greenhouse gas emissions allowance and both or, as the case may be, all the relevant persons are connected with one another, that subsection shall have effect as if the words &#8216;, the consideration shall be apportioned in such manner as is just and reasonable, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating to such separate part or parcel, and such conveyance shall be charged with ad valorem duty in respect of such distinct consideration&#8217; were substituted for &#8216;for distinct parts of the consideration, then the conveyance of each separate part or parcel shall be charged with ad valorem duty in respect of the distinct part of the consideration specified in the conveyance&#8217;.<\/p>\n<p>(7)For the purposes of subsection (6), a person is a relevant person if that person is a person by or for whom the property is contracted to be purchased and the question of whether persons are connected with one another shall be construed in accordance with section 10 of the Taxes Consolidation Act 1997 and as if the reference to the Capital Gains Tax Acts in the definition of &#8216;relative&#8217; in that section was replaced by a reference to the Stamp Duties Consolidation Act 1999.<\/p>\n<p>(8)Where subsection (5) or (6) applies, and the consideration is apportioned in a manner that is not just and reasonable, the conveyance relating to the separate part or parcel of property shall be chargeable with ad valorem duty as if the value of that separate part or parcel of property were substituted for the distinct consideration set forth in that conveyance.<\/p>\n<p>&nbsp;<\/p>\n<p>99.<\/p>\n<h4>Dublin Docklands Development Authority.<\/h4>\n<p>(1)In this section &#8220;wholly-owned subsidiary&#8221; has the meaning assigned to it by section 9 of the Taxes Consolidation Act, 1997 (as amended by the Finance Act, 2001).<\/p>\n<p>(2)Stamp Duty shall not be chargeable on any instrument under which any land, easement, way-leave, water right or any right over or in respect of the land or water is acquired by the Council or any of its wholly-owned subsidiaries.<\/p>\n<p>99A.<\/p>\n<h4>Courts Service.<\/h4>\n<p>Stamp duty shall not be chargeable on any instrument under which any land, easement, way-leave, water right or any right over or in respect of the land or water is acquired by the Courts Service.<\/p>\n<p>99B.<\/p>\n<h4>Sport Ireland.<\/h4>\n<p>Stamp duty shall not be chargeable on any instrument under which any land, easement, way-leave, water right or any right over or in respect of the land or water is acquired by Sport Ireland.<\/p>\n<p>99C.<\/p>\n<h4>Harbours Act 2015.<\/h4>\n<p>(a)any shares stand vested in a local authority under section 8 of the Harbours Act 2015, or<\/p>\n<p>(b)any land, easement, way-leave, water right or any other right over or in respect of land or water is transferred under sections 28, 32, 34 and 35 of the Harbours Act 2015.<\/p>\n<p>100.<\/p>\n<h4>Temple Bar Properties Limited.<\/h4>\n<p>(1)Stamp duty shall not be chargeable on any instrument under which any land, or any interest in land, easement, way-leave, water right or any other right is acquired in the Temple Bar area, that is, &#8220;the area&#8221; as described in the First Schedule in the Temple Bar Area Renewal and Development Act, 1991, by Temple Bar Properties Limited, or any subsidiary of Temple Bar Properties Limited.<\/p>\n<p>(2)For the purposes of subsection (1), a company shall be deemed to be a subsidiary of Temple Bar Properties Limited if &#8211;<\/p>\n<p>(a)Temple Bar Properties Limited &#8211;<\/p>\n<p>(i)is a member of the company and controls the composition of at least half of the company&#8217;s board of directors,<\/p>\n<p>(ii)holds at least half in nominal value of the company&#8217;s equity share capital, or<\/p>\n<p>(iii)holds at least half in nominal value of the company&#8217;s shares carrying voting rights (other than voting rights which arise only in specified circumstances),<\/p>\n<p>or<\/p>\n<p>(b)the company is a subsidiary of any company which is a subsidiary of Temple Bar Properties Limited.<\/p>\n<p>101.<\/p>\n<h4>Intellectual property.<\/h4>\n<p>(1)In this section &#8220;intellectual property&#8221; means a specified intangible asset within the meaning of section 291A(1) of the Taxes Consolidation Act 1997.<\/p>\n<p>(2)Subject to subsection (3), stamp duty shall not be chargeable under or by reference to any heading in Schedule 1 on an instrument for the sale, transfer or other disposition of intellectual property.<\/p>\n<p>(3)Where stamp duty is chargeable on an instrument under or by reference to any heading in Schedule 1 and part of the property concerned consists of intellectual property &#8211;<\/p>\n<p>(a)the consideration in respect of which stamp duty would otherwise be chargeable shall be apportioned, on such basis as is just and reasonable, as between the part of the property which consists of intellectual property and the part which does not, and<\/p>\n<p>(b)the instrument shall be chargeable only in respect of the consideration attributable to such of the property as is not intellectual property.<\/p>\n<p>(4)[deleted]<\/p>\n<p>(5)Where part of the property referred to in subsection (1) of section 45 consists of intellectual property, that subsection shall have effect as if the words &#8220;in such manner as is just and reasonable&#8221; were substituted for &#8220;in such manner, as the parties think fit&#8221;.<\/p>\n<p>(6)Where part of the property referred to in subsection (3) of section 45 consists of intellectual property and both or, as the case may be, all the relevant persons are connected with one another, that subsection shall have effect as if the words &#8220;, the consideration shall be apportioned in such manner as is just and reasonable, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating to such separate part or parcel, and such conveyance shall be charged with ad valorem duty in respect of such distinct consideration.&#8221; were substituted for &#8220;for distinct parts of the consideration, then the conveyance of each separate part or parcel shall be charged with ad valorem duty in respect of the distinct part of the consideration specified in the conveyance.&#8221;.<\/p>\n<p>(7)For the purposes of subsection (6), a person is a relevant person if that person is a person by or for whom the property is contracted to be purchased and the question of whether persons are connected with one another shall be construed in accordance with section 10 of the Taxes Consolidation Act 1997 and as if the reference to the Capital Gains Tax Acts in the definition of relative in that section was replaced by a reference to the Stamp Duties Consolidation Act 1999.<\/p>\n<p>(8)Where subsection (5) or (6) applies, and the consideration is apportioned in a manner that is not just and reasonable, the conveyance relating to the separate part or parcel of property shall be chargeable with ad valorem duty as if the value of that separate part or parcel of property were substituted for the distinct consideration set forth in that conveyance.<\/p>\n<p>101A.<\/p>\n<h4>Single farm payment entitlement.<\/h4>\n<p>(1)In this section &#8216;payment entitlement&#8217; has the same meaning as it has for the purposes of Regulation (EU) 2021\/2115 of the European Parliament and of the Council of 2 December 2021 .<\/p>\n<p>(2)Subject to subsection (3), stamp duty shall not be chargeable under or by reference to any heading in Schedule 1 on an instrument for the sale, transfer or other disposition of a payment entitlement.<\/p>\n<p>(3)Where stamp duty is chargeable on an instrument under or by reference to any heading in Schedule 1 and part of the property concerned consists of a payment entitlement &#8211;<\/p>\n<p>(a)the consideration in respect of which stamp duty would otherwise be chargeable shall be apportioned, on such basis as is just and reasonable, as between the part of the property which consists of a payment entitlement and the part which does not, and<\/p>\n<p>(b)the instrument shall be chargeable only in respect of the consideration attributable to such of the property as is not a payment entitlement.<\/p>\n<p>(4)[deleted]<\/p>\n<p>(5)Where part of the property referred to in subsection (1) of section 45 consists of a payment entitlement, that subsection shall have effect as if the words &#8216;in such manner as is just and reasonable&#8217; were substituted for &#8216;in such manner, as the parties think fit&#8217;.<\/p>\n<p>(6)Where part of the property referred to in subsection (3) of section 45 consists of a payment entitlement and both or, as the case may be, all the relevant persons are connected with one another, that subsection shall have effect as if the words &#8216;, the consideration shall be apportioned in such manner as is just and reasonable, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating to such separate part or parcel, and such conveyance shall be charged with ad valorem duty in respect of such distinct consideration.&#8217; were substituted for &#8216;for distinct parts of the consideration, then the conveyance of each separate part or parcel shall be charged with ad valorem duty in respect of the distinct part of the consideration specified in the conveyance.&#8217;.<\/p>\n<p>(7)For the purposes of subsection (6), a person is a relevant person if that person is a person by or for whom the property is contracted to be purchased and the question of whether persons are connected with one another shall be construed in accordance with section 10 of the Taxes Consolidation Act 1997 and as if the reference to the Capital Gains Tax Acts in the definition of &#8216;relative&#8217; in that section was replaced by a reference to the Stamp Duties Consolidation Act 1999.<\/p>\n<p>(8)Where subsection (5) or (6) applies, and the consideration is apportioned in a manner that is not just and reasonable, the conveyance relating to the separate part or parcel of property shall be chargeable with ad valorem duty as if the value of that separate part or parcel of property were substituted for the distinct consideration set forth in that conveyance.<\/p>\n<p>102.<\/p>\n<h4>The Alfred Beit Foundation.<\/h4>\n<p>Stamp duty shall not be chargeable or payable on any conveyance, transfer or letting made by Alfred Lane Beit and Clementine Mabel Beit, or either of them, to The Alfred Beit Foundation, which was incorporated under the Companies Act, 1963, on 23 March 1976.<\/p>\n<p>103.<\/p>\n<h4>Shared ownership leases.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;appropriate person&#8221; means any one of the following, namely &#8211;<br \/>\n(a)a person who holds a licence granted by the Central Bank of Ireland under section 9 of the Central Bank Act, 1971, or under section 10 of the Trustee Savings Banks Act, 1989,<br \/>\n(b)[deleted]<br \/>\n(c)[deleted]<br \/>\n(d)a building society which has been incorporated under the Building Societies Act, 1989, or which is deemed by virtue of section 124(2) of that Act to be so incorporated,<br \/>\n(e)[deleted]<br \/>\n(f)[deleted]<br \/>\n(g)a body approved of by the Minister for the Environment and Local Government for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992,<br \/>\n(h)the National Building Agency Limited,<br \/>\n(i)a company within the meaning of section 2 of the Companies Act, 1963, which the Minister for the Environment and Local Government has certified to the satisfaction of the Commissioners to be a company incorporated with the principal object of providing assistance on a non-profit making basis with a view to enabling persons to acquire housing for themselves,<br \/>\n(j)a society registered under the Industrial and Provident Societies Acts, 1893 to 1978, in respect of which the Minister for the Environment and Local Government has certified to the satisfaction of the Commissioners to be a society established with the principal object of providing assistance on a non-profit making basis with a view to enabling persons to acquire housing for themselves, and<br \/>\n(k)an insurance undertaking (within the meaning of the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015));;<\/p>\n<p>&#8220;shared ownership lease&#8221; has the same meaning as in section 2 of the Housing (Miscellaneous Provisions) Act, 1992.<\/p>\n<p>(2)Subject to subsection (3), stamp duty shall not be chargeable on &#8211;<\/p>\n<p>(a)a shared ownership lease, or<\/p>\n<p>(b)an instrument whereby the lessee of a shared ownership lease exercises the right referred to in section 2(1) (c) of the Housing (Miscellaneous Provisions) Act, 1992,<\/p>\n<p>other than such a lease or instrument where such lease was granted on the erection of a house which at that time exceeded the maximum floor area then standing specified in regulations made under section 4(2) (b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(3)Subsection (2) shall apply where the shared ownership lease concerned has been granted by an appropriate person.<\/p>\n<p>104.<\/p>\n<h4>Licences and leases granted under Petroleum and Other Minerals Development Act, 1960, etc.<\/h4>\n<p>Stamp duty shall not be chargeable on &#8211;<\/p>\n<p>(a)a licence granted under section 8, 9 or 19 of the Petroleum and Other Minerals Development Act, 1960,<\/p>\n<p>(b)a lease granted under section 13 of that Act, or<\/p>\n<p>(c)an instrument for the sale, assignment or transfer of any such licence or lease or any right or interest in any such licence or lease.<\/p>\n<p>105.<\/p>\n<h4>Securitisation agreements.<\/h4>\n<p>(1)In this section &#8220;designated body&#8221; and &#8220;housing authority&#8221; have the same meanings, respectively, as in section 1(1) of the Securitisation (Proceeds of Certain Mortgages) Act, 1995.<\/p>\n<p>(2)Stamp duty shall not be chargeable on &#8211;<\/p>\n<p>(a)[deleted]<\/p>\n<p>(b)the transfer of securities issued by a designated body.<\/p>\n<p>106.<\/p>\n<h4>Housing Finance Agency.<\/h4>\n<p>Stamp duty shall not be chargeable on any agreement or other instrument made for the purposes of, or in connection with, securing the advancement of moneys to housing authorities (within the meaning of the Housing Act, 1966) by the Housing Finance Agency p.l.c.<\/p>\n<p>106A.<\/p>\n<h4>National Building Agency Limited.<\/h4>\n<p>(1)Stamp duty shall not be chargeable on any conveyance, transfer or lease of land to the National Building Agency Limited for the purposes of the Housing Acts, 1966 to 1998.<\/p>\n<p>106B.<\/p>\n<h4>Housing authorities and Affordable Homes Partnership.<\/h4>\n<p>(1)In this section &#8216;housing authority&#8217; means &#8211;<\/p>\n<p>(a)a housing authority, within the meaning of the Housing Acts 1966 to 2009, in connection with any of its functions under those Acts, or<\/p>\n<p>(b)the Housing and Sustainable Communities Agency established under Article 4 of the Housing and Sustainable Communities Agency (Establishment) Order 2012 (S.I. No. 264 of 2012).<\/p>\n<p>(2)Stamp duty shall not be chargeable on any instrument giving effect to the conveyance, transfer or lease of a house, building or land to a housing authority.<\/p>\n<p>(3)Stamp duty on any instrument giving effect to the conveyance, transfer or lease of a house, building or land by a housing authority chargeable, as specified in Schedule 1, shall not exceed \u20ac100.<\/p>\n<p>106C.<\/p>\n<h4>Grangegorman Development Agency.<\/h4>\n<p>Stamp duty shall not be chargeable on any conveyance, transfer or lease of land to the Grangegorman Development Agency in connection with its functions.<\/p>\n<p>106D.<\/p>\n<h4>National Concert Hall.<\/h4>\n<p>Stamp duty shall not be chargeable on any conveyance, transfer or lease of land to the National Concert Hall in connection with its functions under the National Cultural Institutions (National Concert Hall) Act 2015.<\/p>\n<p>107. Certain mortgages of stock.<br \/>\nDeleted from 7 December 2006<br \/>\n(1)Every instrument under hand only (not being a promissory note or bill of exchange) given on the occasion of the deposit of any share warrant or stock certificate to bearer, or foreign share certificate, or any security for money transferable by delivery, by means of security for any loan, shall not be chargeable with duty.<\/p>\n<p>(2)Every instrument under hand only (not being a promissory note or bill of exchange) making redeemable or qualifying a duly stamped transfer or a transfer which is not chargeable to duty, intended as security, of any registered stock or marketable security, shall not be chargeable with duty.<\/p>\n<p>108. National Treasury Management Agency, etc.<br \/>\nDeleted from 23 December 2014<br \/>\nStamp duty shall not be chargeable on any instrument executed by or on behalf of &#8211;<\/p>\n<p>(a)the National Treasury Management Agency, or<\/p>\n<p>(b)the Minister in relation to a function exercised by the Minister which is capable of being delegated to that Agency under section 5 of the National Treasury Management Agency Act, 1990,<\/p>\n<p>or on any disposition of such an instrument or of any right or interest created by such an instrument.<\/p>\n<p>108A. National Development Finance Agency, etc.<br \/>\nRepealed from 27 January 2015<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;land&#8221; includes an interest in land;<\/p>\n<p>&#8220;the Agency&#8221; means the National Development Finance Agency established by section 2 of the National Development Finance Agency Act 2002.<\/p>\n<p>(2)Stamp duty shall not be chargeable on any instrument executed &#8211;<\/p>\n<p>(a)by or on behalf of the Agency whereby property is acquired by the Agency, or<\/p>\n<p>(b)by a company formed by the Agency under section 5 of the National Development Finance Agency Act 2002 whereby land is acquired from the Agency, from a company formed by the Agency under section 5 of the National Development Finance Agency Act 2002, or from a State authority within the meaning of section 1 of the National Development Finance Agency Act 2002.<\/p>\n<p>(3)Subsection (2) (b) shall not apply to an instrument executed by a company formed by the Agency under section 5 of the National Development Finance Agency Act 2002 unless &#8211;<\/p>\n<p>(a)on the date the instrument is executed, the company is 100 per cent beneficially owned, either directly or indirectly by the State, and<\/p>\n<p>(b)on or before that date, the Minister has received confirmation in writing from the Agency that such company will remain indefinitely so beneficially owned by the State.<\/p>\n<p>(4)Where, in relation to an instrument which is exempt from stamp duty by virtue of subsection (2) (b) &#8211;<\/p>\n<p>(a)the company disposes of the land or any part of the land the subject matter of such instrument, other than to a company formed by the Agency under section 5 of the National Development Finance Agency Act 2002, the company shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of stamp duty which would have been charged on the instrument in the first instance if the land disposed of had been conveyed or transferred by an instrument to which subsection (2) (b) had not applied, or<\/p>\n<p>(b)the company ceases, at any time, to be 100 per cent beneficially owned, either directly or indirectly by the State, the company shall become liable to pay to the Commissioners an amount (in this section referred to as a &#8216;clawback&#8217;) equal to the amount of stamp duty which would have been charged on the instrument in the first instance had subsection (2) (b) not applied,<\/p>\n<p>together with interest on the clawback, calculated in accordance with section 159D, or part of a day from the date of any such disposal or cessation to the date the clawback is remitted.<\/p>\n<p>(5)Notwithstanding paragraphs (a) and (b) of subsection (4), the maximum clawback payable on any instrument shall not exceed the amount of duty which would have been charged on the instrument in the first instance had subsection (2) (b) not applied.<\/p>\n<p>108AA.<br \/>\n(1)Stamp duty shall not be chargeable under or by reference to any heading in Schedule 1 on an instrument for the sale, transfer, lease or other disposition of any property, asset or documentation to the Strategic Banking Corporation of Ireland or to a subsidiary wholly owned by it or a subsidiary wholly owned by any such subsidiary.<\/p>\n<p>(2)For the purposes of subsection (1), whether a subsidiary is wholly owned shall be construed in accordance with section 9(1)(d) of the Taxes Consolidation Act 1997.<\/p>\n<p>108B. National Asset Management Agency.<br \/>\n(1)In this section:<\/p>\n<p>&#8216;acquired bank asset&#8217;, &#8216;bank asset&#8217; and &#8216;participating institution&#8217; have, respectively, the meanings given by section 4(1) of the Act of 2009;<\/p>\n<p>&#8216;Act of 2009&#8217; means the National Asset Management Agency Act 2009;<\/p>\n<p>&#8216;NAMA&#8217; means the National Asset Management Agency;<\/p>\n<p>&#8216;NAMA-subsidiary&#8217;, in relation to an instrument referred to in subsection (3), means a body corporate which at the time of execution of the instrument is associated with NAMA in accordance with the provisions of section 79.<\/p>\n<p>(2)<\/p>\n<p>(a)Where NAMA directly owns any part of the ordinary share capital, within the meaning of section 79, of another body corporate (in this subsection referred to as the &#8216;first body corporate&#8217;), then NAMA shall be deemed to be associated with the first body corporate in accordance with the provisions of section 79.<\/p>\n<p>(b)Where the first body corporate is associated, directly or indirectly, with another body corporate (referred to in this paragraph as the &#8216;second body corporate&#8217;) in accordance with the provisions of section 79, then NAMA shall be deemed to be associated with the second body corporate in accordance with the provisions of section 79.<\/p>\n<p>(3)Stamp duty shall not be chargeable under or by reference to any Heading in Schedule 1 on an instrument &#8211;<\/p>\n<p>(a)for the sale, transfer, lease or other disposition of any property, asset or documentation to NAMA or a NAMA-subsidiary by NAMA, a NAMA-subsidiary or a participating institution,<\/p>\n<p>(b)for the transfer, to a NAMA-subsidiary or a participating institution, of securities issued in accordance with the Act of 2009 for the purposes of section 47(2)(b), 48(2)(b) or 49 of that Act,<\/p>\n<p>(c)for the transfer to a NAMA-subsidiary by NAMA or a NAMA-subsidiary of securities issued in accordance with the Act of 2009 for the purposes of section 47 (2)(a) or 48(2)(a) of that Act,<\/p>\n<p>(d)for the transfer to a participating institution of a bank asset, security or other property by NAMA or a NAMA-subsidiary in connection with section 125 of the Act of 2009,<\/p>\n<p>(e)for the transfer or other disposition to NAMA or a NAMA-subsidiary of any property in settlement or part settlement of an acquired bank asset,<\/p>\n<p>(f)for the sale, transfer, lease or other disposition of any property, asset or documentation to NAMA or a NAMA group entity (within the meaning of the Irish Bank Resolution Corporation Act 2013) by &#8211;<\/p>\n<p>(i)the Central Bank of Ireland,<\/p>\n<p>(ii)IBRC (within the meaning of the Irish Bank Resolution Corporation Act 2013),<\/p>\n<p>(iii)a subsidiary or subsidiary undertaking (both within the meaning of the Irish Bank Resolution Corporation Act 2013) of IBRC, or<\/p>\n<p>(iv)a special liquidator appointed under section 7 of the Irish Bank Resolution Corporation Act 2013,<\/p>\n<p>or<\/p>\n<p>(g)for the transfer to the Central Bank of Ireland of securities issued under section 48 of the Act of 2009 for the purpose specified in subsection (2) (b) of that section.<\/p>\n<p>(4)Section 12(2) shall not apply to an instrument to which subsection (3) applies.<\/p>\n<p>(5)This section applies as respects instruments executed on or after the establishment day (within the meaning of section 4 of the Act of 2009).<\/p>\n<p>108C.<\/p>\n<h4>Ireland Strategic Investment Fund.<\/h4>\n<p>Stamp duty shall not be chargeable under or by reference to any Heading in Schedule 1 on an instrument for the sale, transfer, lease or other disposition of any property, asset or documentation to a Fund investment vehicle (within the meaning of section 37 of the National Treasury Management Agency (Amendment) Act 2014) of which the Minister is the sole beneficial owner.<\/p>\n<p>109.<\/p>\n<h4>Certain instruments made in anticipation of a formal insurance policy.<\/h4>\n<p>Stamp duty shall not be chargeable on &#8211;<\/p>\n<p>(a)cover notes, slips and other instruments usually made in anticipation of the issue of a formal policy, not being instruments relating to life insurance,<\/p>\n<p>(b)instruments embodying alterations of the terms or conditions of any policy of insurance other than life insurance,<\/p>\n<p>and an instrument exempted by virtue of paragraph (a) shall not be taken for the purposes of this Act to be a policy of insurance.<\/p>\n<p>110.<\/p>\n<h4>Certain health insurance contracts.<\/h4>\n<p>Stamp duty shall not be chargeable on a health insurance contract (being a health insurance contract within the meaning of section 2 of the Health Insurance Act, 1994).<\/p>\n<p>110A.<\/p>\n<h4>Certain policies of insurance.<\/h4>\n<p>(1)This section shall apply to a policy of insurance, being insurance of a class specified in Part A of Annex I to the European Communities (Life Assurance) Framework Regulations, 1994 (S.I. No. 360 of 1994), which &#8211;<\/p>\n<p>(a)provides for periodic payments to an individual in the event of loss or diminution of income in consequence of ill health, or<\/p>\n<p>(b)provides for the payment of an amount or amounts to an individual in consequence of ill health, disability, accident or hospitalisation.<\/p>\n<p>(2)Stamp duty shall not be chargeable under or by reference to the Heading &#8220;POLICY OF INSURANCE other than Life Insurance where the risk to which the policy relates is located in the State.&#8221; in Schedule 1 on any policy of insurance to which this section applies.<\/p>\n<p>111.<\/p>\n<h4>Oireachtas funds.<\/h4>\n<p>Stamp duty shall not be chargeable on any instrument where the amount of such duty chargeable on the instrument, but for this section, would be payable solely out of moneys provided by the Oireachtas.<\/p>\n<p>112.<\/p>\n<h4>Certificates of indebtedness, etc.<\/h4>\n<p>(1)In this section &#8220;certificate of indebtedness&#8221; means a document, whether sealed with the official seal of the Minister or signed by the Minister or by one of his or her officers authorised in that behalf by the Minister, whereby the Minister or any such officer so authorised certifies (either expressly or impliedly) the amount of the indebtedness of the State or of a public fund of the State in respect of moneys or securities or both moneys and securities borrowed from a particular person by the Minister in exercise of a power conferred on him or her by statute.<\/p>\n<p>(2)Neither a certificate of indebtedness nor any agreement, receipt, bill of exchange, or other instrument embodied or contained in a certificate of indebtedness and relating to the transaction to which such certificate relates shall be liable to any stamp duty.<\/p>\n<p>113.<\/p>\n<h4>Miscellaneous instruments.<\/h4>\n<p>Stamp duty shall not be chargeable on any of the following instruments:<\/p>\n<p>(a)instruments transferring shares or any other interest in &#8211;<\/p>\n<p>(i)stocks, funds or securities of the Government, Oireachtas, the Minister or any other Minister of the Government,<\/p>\n<p>(ii)any stock or other form of security to which section 39 of the Taxes Consolidation Act, 1997, applies,<\/p>\n<p>(iii)any stock or other form of security to which section 40 of the Taxes Consolidation Act, 1997, applies,<\/p>\n<p>(iv)stocks or funds of the Government or Parliament of the late United Kingdom of Great Britain and Ireland which are registered in the books of the Bank of Ireland in Dublin;<\/p>\n<p>(b)instruments for the sale, transfer, or other disposition, either absolutely or otherwise, of any ship or vessel or aircraft, or any part, interest, share, or property of or in any ship or vessel or aircraft;<\/p>\n<p>(c)testaments and testamentary instruments;<\/p>\n<p>(d)bonds given to sheriffs or other persons on the replevy of any goods or chattels, and assignments of such bonds;<\/p>\n<p>(e)instruments made by, to, or with the Commissioners of Public Works in Ireland.<\/p>\n<p>Part 8<\/p>\n<h4>Companies Capital Duty (ss. 114-122) (Repealed)<\/h4>\n<p>114. Interpretation (Part 8).<br \/>\n(1)In this Part, except where the context otherwise requires &#8211;<\/p>\n<p>&#8220;capital company&#8221; means one of the following, namely &#8211;<br \/>\n(a)a company incorporated with limited liability, or a limited partnership formed under the law of the State or a company or partnership which is incorporated or formed in any other Member State and which, under the law of that State, corresponds to any such company or partnership,<br \/>\n(b)any other company, firm, association or legal person the shares in whose capital or assets can be dealt in on a stock exchange,<br \/>\n(c)any other company, firm, association or legal person operating for profit whose members have the right to dispose of their shares to third parties without prior authorisation and are responsible for the debts of the company, firm, association or legal person only to the extent of their shares;<\/p>\n<p>&#8220;Member State&#8221; means a Member State of the European Community;<\/p>\n<p>&#8220;registrar&#8221; means the registrar of companies within the meaning of the Companies Act, 1963;<\/p>\n<p>&#8220;stamp duty&#8221; means the stamp duty imposed by section 116;<\/p>\n<p>&#8220;statement&#8221; means the statement required to be delivered under section 117(1);<\/p>\n<p>&#8220;third country&#8221; means a State which is not a Member State;<\/p>\n<p>&#8220;transaction&#8221; means a transaction to which section 116(1) applies.<\/p>\n<p>(2)In this Part, except where the context otherwise requires, reference to stamp duty paid means stamp duty paid to the Commissioners.<\/p>\n<p>115. Restriction of application (Part 8).<br \/>\nThis Part shall not apply to &#8211;<\/p>\n<p>(a)any undertaking for collective investment in transferable securities (UCITS) to which Council Directive 85\/611\/EEC of 20 December, 1985 (OJ No. L375, 31\/12\/85), and any Directive amending that Council Directive, relates,<\/p>\n<p>(b)any investment company to which Part XIII of the Companies Act, 1990, relates, or<\/p>\n<p>(c)any investment limited partnership within the meaning of section 3 of the Investment Limited Partnerships Act, 1994.<\/p>\n<p>116. Charge of stamp duty.<br \/>\n(1)This section applies to the following transactions:<\/p>\n<p>(a)the formation of a capital company;<\/p>\n<p>(b)the conversion into a capital company of a company, firm, association or legal person which is not a capital company;<\/p>\n<p>(c)an increase in the capital of a capital company by the contribution of assets of any kind other than an increase in capital through capitalisation of profits or of reserves, whether temporary or permanent reserves, but including the conversion of loan stock of a capital company into share capital;<\/p>\n<p>(d)an increase in the assets of a capital company by the contribution of assets of any kind in consideration, not of shares in the capital or assets of the company, but of rights of the same kind as those of members of the company such as voting rights, a share in the profits or a share in the surplus on liquidation;<\/p>\n<p>(e)the transfer from a third country to the State of the effective centre of management of a capital company whose registered office is in a third country;<\/p>\n<p>(f)the transfer from a third country to the State of the registered office of a capital company whose effective centre of management is in a third country;<\/p>\n<p>(g)the transfer from a Member State to the State of the effective centre of management of a capital company which is not considered to be a capital company in the other Member State;<\/p>\n<p>(h)the transfer from a Member State to the State of the registered office of a capital company whose effective centre of management is in a third country and which is not considered to be a capital company in the Member State from which the registered office is being transferred.<\/p>\n<p>(2)Stamp duty shall be charged on the statement required to be delivered under this Part where, at the date of a transaction, or as a result of the transaction &#8211;<\/p>\n<p>(a)the effective centre of management of the capital company is in the State, or<\/p>\n<p>(b)if the effective centre of management of the capital company is in a third country, the registered office of the capital company is in the State,<\/p>\n<p>and the provisions of this Act shall, subject to the provisions of this Part, apply in relation to this duty as if it were imposed by section 2.<\/p>\n<p>117. Statement to be charged with stamp duty.<br \/>\n(1)Where any transaction takes place before 7 December 2005, a statement of the assets, liabilities and expenses referred to in section 118 shall be delivered to the registrar &#8211;<\/p>\n<p>(a)in the case of the formation of a capital company which is to be incorporated under the Companies Act, 1963, or formed under the Limited Partnerships Act, 1907, before the incorporation or registration of that capital company or partnership, and<\/p>\n<p>(b)in any other case, within 30 days after the date of the transaction,<\/p>\n<p>and the statement shall be charged with stamp duty at the rate of 0.5 per cent of the amount determined in accordance with section 118 but where the calculation results in an amount which is not a multiple of \u20ac1 the amount so calculated shall, if less than \u20ac1, be rounded up to \u20ac1 and, if more than \u20ac1, be rounded down to the nearest \u20ac.<\/p>\n<p>(2)Notwithstanding subsection (1), in the case referred to in paragraph (a) of subsection (1) &#8211;<\/p>\n<p>(a)[deleted]<\/p>\n<p>(b)if there is difficulty in ascertaining the exact amount in respect of which stamp duty is chargeable, the statement shall be charged in the first instance with stamp duty at the rate specified in subsection (1) in respect of such amount as the Commissioners consider appropriate and, if afterwards &#8211;<\/p>\n<p>(i)it is established that too little duty has been paid, the additional duty shall be payable and be treated as duty in arrear, and<\/p>\n<p>(ii)it is established that too much duty has been paid, the excess shall be repaid by the Commissioners with interest at the rate of 0.0161 per cent per day or part of a day.<\/p>\n<p>(3)Simple interest shall be payable on so much of the stamp duty charged on the statement required to be delivered under subsection (1) (b) as remains unpaid after the expiration of one month from the date of the transaction which gave rise to the charge for duty, and such interest shall be payable, calculated in accordance with section 159D, until the day on which the duty is paid and it shall be chargeable and recoverable in the same manner as if it were part of the duty.<\/p>\n<p>(4)interest shall be chargeable on the additional duty payable under subsection (2)(b)(i) and shall be calculated in accordance with section 159D, from the date of the transaction which gave rise to the charge for duty until the date of payment of the duty.<\/p>\n<p>(5)The registrar shall not incorporate a capital company which is to be incorporated under the Companies Act, 1963, or register a capital company which is to be formed under the Limited Partnerships Act, 1907, until the statement referred to in subsection (1) in relation to the company is duty stamped or in the case of a capital company specified in section 120 the statement has, in accordance with the provisions of section 20, been stamped with a particular stamp denoting that it is not chargeable with stamp duty.<\/p>\n<p>118. Amount on which stamp duty chargeable.<br \/>\n(1)Stamp duty shall be charged &#8211;<\/p>\n<p>(a)in the case of a transaction specified in paragraph (a), (c) or (d) of section 116 (1), in respect of the amount of the actual value, at the date of the transaction, of the assets of any kind contributed or to be contributed in connection with the transaction by the members of the capital company concerned after the deduction of the liabilities attaching to such assets and assumed by the capital company and of the expenses incurred by the capital company in connection with such contribution;<\/p>\n<p>(b)in the case of a transaction specified in paragraph (b), (e), (f), (g) or (h) of section 116 (1), in respect of the amount of the actual value, at the date of the transaction, of the assets of any kind of the capital company concerned after the deduction of its liabilities on that date and of the expenses incurred by the company in connection with the transaction.<\/p>\n<p>(2)Notwithstanding subsection (1) &#8211;<\/p>\n<p>(a)the amount in respect of which stamp duty is charged shall not be less than the nominal value of the shares (if any) in the company concerned allotted to the members of the capital company in connection with the transaction or belonging to the members of the capital company immediately after the transaction;<\/p>\n<p>(b)in arriving at the amount of the actual value in respect of which the duty is charged, there shall be excluded the amount of any assets referred to in subsection (1) contributed in connection with the transaction by a member with unlimited liability or the share of such a member in the assets of the company.<\/p>\n<p>119. Reconstructions or amalgamations of capital companies.<br \/>\n(1)If, in the case of a transaction, a capital company or a capital company which is in the process of being formed (in this section referred to as the &#8220;acquiring company&#8221;) acquires either &#8211;<\/p>\n<p>(a)the undertaking or part of the undertaking of another capital company (in this section referred to as the &#8220;target company&#8221;), or<\/p>\n<p>(b)share capital of another capital company to an extent that, after that transaction, but not necessarily as a result of that transaction, the acquiring company owns at least 75 per cent of the issued share capital of that other company (in this section referred to as the &#8220;target company&#8221;),<\/p>\n<p>then, subject to this section, stamp duty on the statement delivered in accordance with section 117 (1) shall be charged at the rate of zero per cent (in this section referred to as the &#8220;reduced rate&#8221;).<\/p>\n<p>(2)Notwithstanding subsection (1), where the percentage referred to in paragraph (b) of subsection (1) is reached by means of 2 or more transactions, the reduced rate shall apply only to the transaction whereby this percentage is achieved and to any transaction subsequent to the achievement and retention of that percentage.<\/p>\n<p>(3)Subsection (1) of this section shall apply only where the consideration for the acquisition (except such part of the consideration as consists of the transfer to or discharge by the acquiring company of liabilities of the target company) consists &#8211;<\/p>\n<p>(a)where the undertaking or part of the undertaking of the target company is acquired, of the issue of shares in the acquiring company to the target company or to holders of shares in the target company, or<\/p>\n<p>(b)where shares of the target company are acquired, of the issue of shares in the acquiring company to the holders of shares in the target company in exchange for shares held by them in the target company,<\/p>\n<p>with or without a payment in cash, but where there is a payment in cash that payment shall not exceed 10 per cent of the nominal value of the shares in the acquiring company which are comprised in the consideration.<\/p>\n<p>(4)The statement, which by virtue of this section is charged at the reduced rate, shall become chargeable with stamp duty at the rate specified in section 117 if the acquiring company does not retain, for a period of 5 years from the date of the transaction in respect of which stamp duty at the reduced rate was charged, at least 75 per cent of the issued share capital of the target company and all the shares which it held following that transaction, including the shares acquired whether by means of a transaction or otherwise before that transaction and held at the time of the transaction.<\/p>\n<p>(5)Notwithstanding subsection (4), the reduced rate shall continue to apply if the transfer, as a result of which the shares in question were not held for a period of 5 years, was &#8211;<\/p>\n<p>(a)a transfer forming part of a transaction, taking place before 7 December 2005, which would of itself qualify for the reduced rate pursuant to subsection (1),<\/p>\n<p>(b)a transfer forming part of a transaction, taking place on or after 7 December 2005, which would of itself so qualify had the transaction taken place before 7 December 2005, or<\/p>\n<p>(c)a transfer in the course of a liquidation of the acquiring company.<\/p>\n<p>(6)Where, by reason of subsection (4), stamp duty becomes chargeable at the rate specified in section 117 when the acquiring company concerned within a period of 5 years from the date of any transaction in respect of which stamp duty was charged at the reduced rate &#8211;<\/p>\n<p>(a)ceases to retain at least 75 per cent of the issued share capital of the target company concerned, or<\/p>\n<p>(b)disposes of any of the shares of the target company which it held after the transaction to which the reduced rate was applied,<\/p>\n<p>then the statement which was delivered to the registrar pursuant to section 117 (1) in relation to the transaction in respect of which stamp duty was charged at the reduced rate shall be charged with stamp duty at the rate which would have been charged in the first instance if subsection (1) had not applied to the transaction and the statement thus charged shall have applied to it this Part except that, for the purposes of subsections (3) and (4) of section 117, the date of the transaction shall be the date on which the event specified in paragraph (a) or (b), as the case may be, occurred.<\/p>\n<p>(7)This section shall apply only where the effective centre of management or the registered office of the target company concerned is in a Member State.<\/p>\n<p>(8)For the purposes of this section, a company, partnership, firm, association or legal person that is considered to be a capital company in another Member State shall be deemed to be a target company notwithstanding that it is not considered to be a capital company.<\/p>\n<p>120. Exemption for certain companies.<br \/>\nStamp duty shall not be charged in the case of a transaction that is effected by &#8211;<\/p>\n<p>(a)a capital company which is formed for the purpose of and carries on exclusively the business of supplying a public service such as public transport or port facilities, or supplying water, gas or electricity, and not less than 50 per cent of the issued capital of which is owned by the State or a local authority, or<\/p>\n<p>(b)a capital company whose objects are exclusively cultural, charitable or educational.<\/p>\n<p>120A. Relief in respect of certain payments of stamp duty.<br \/>\nThe statement required to be delivered pursuant to this Part in respect of a transaction specified in section 116(1) (c) shall, in any case where, within the period of 4 years immediately before the date of the transaction and on or after 4 August 1973, there has been a reduction in the issued capital of the capital company concerned as a result of losses sustained by the company, be charged at the rate of zero per cent in respect of so much of the amount determined in accordance with section 118 as corresponds to the reduction in issued capital or to so much of the reduction in issued capital to which the rate of zero per cent had not been applied in respect of an earlier transaction occurring since the reduction in capital.<\/p>\n<p>121. Appeals in certain cases.<br \/>\nA person who is dissatisfied with a decision of the Commissioners under this Part on the amount of the actual value of any assets referred to in section 118 may &#8211;<\/p>\n<p>(a)in the case of land, appeal against the decision in the manner prescribed by section 33 of the Finance (1909-10) Act, 1910, and so much of Part I of that Act as relates to appeals shall, with any necessary modifications, apply to an appeal under this section as if the appeal were an appeal under that section,<\/p>\n<p>(b)in the case of assets other than land, 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>122. Recovery of stamp duty and furnishing of information.<br \/>\n(1)Stamp duty and the interest on such duty shall be recoverable from the capital company concerned and, in any case where the capital company is not a body corporate, shall be recoverable from the members of the capital company jointly and severally.<\/p>\n<p>(2)All statements used for the purpose of this Part shall be in such form and contain such particulars as may be required by the Commissioners and every person accountable for stamp duty shall, if so required by the Commissioners, verify such particulars and deliver to them such evidence as they may require relating to any transaction or to any company concerned in any such transaction.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-219\" data-postid=\"219\" class=\"themify_builder_content themify_builder_content-219 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Exemptions Many activities in the financial services sector, particularly those based in Ireland but focused internationally, are exempted from stamp duty.\u00a0Stamp duty is chargeable on of the following instruments: a debt factoring agreement; a swap agreement; a forward agreement; a financial futures agreement; an option agreement; a combination of any 2 or more of the [&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\/219"}],"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=219"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/219\/revisions"}],"predecessor-version":[{"id":34604,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/219\/revisions\/34604"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=219"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=219"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=219"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}