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Stamp Duties Consolidation Act 1999 (2011) - Table of Contents

Change year: 2011

Stamp Duties Consolidation Act 1999 (2011) - Table of Contents

Part 1 INTERPRETATION

Section 1 Interpretation

Part 2 CHARGING AND STAMPING OF INSTRUMENTS

Section 2 Charging of, liability for, and recovery of stamp duty

Section 3 Variation of certain rates of duty by order

Section 4 How duties are to be paid

Section 5 Agreement as to payment of stamp duty on instruments

Section 6 How instruments are to be written and stamped

Section 7 Instruments to be separately charged with duty in certain cases

Section 8 Facts and circumstances affecting duty to be set forth in instruments, etc

Section 8A Penalties: returns

Section 9 Mode of calculating ad valorem duty in certain cases

Section 10 Adhesive stamps

Section 11 Denoting stamps

Section 12 Particulars delivered stamps

Section 13 Duplicates and counterparts

Section 14 Penalty on stamping instruments after execution

Section 15 Surcharges for undervaluation in case of voluntary disposition inter vivos

Section 16 Surcharges to apply when apportionment is not just and reasonable

Section 17 Furnishing of an incorrect certificate

Section 17A E-stamping regulations

Part 3 VALUATION

Section 18 Mode of valuing property

Section 19 Valuation of property chargeable with stamp duty

Part 4 ADJUDICATION AND APPEALS

Section 20 Assessment of duty by the Commissioners

Section 21 Right of appeal of persons dissatisfied with assessment

Part 5 PROVISIONS APPLICABLE TO ENDPART

CHAPTER 1 Bills of exchange and promissory notes (Part 5)

Section 22 Bills and notes purporting to be drawn outside the State

Section 23 Restriction on stamping after execution

Section 24 One bill only of a set need be stamped

Section 25 Denotion of duty by adhesive stamps

Section 26 Certain bills issued by local authorities to be chargeable as promissory notes

Section 27 Stamping of certain foreign bills of exchange

Section 28 Notes promising the payment of sum of money out of a particular fund, etc

CHAPTER 2 Conveyances on Sale

Section 29 Conveyance on sale combined with building agreement for dwelling house or apartment

Section 30 Voluntary dispositions inter vivos chargeable as conveyances or transfers on sale

Section 31 Certain contracts to be chargeable as conveyances on sale

Section 31A Resting in contract

Section 31B Licence agreements

Section 32 As to sale of an annuity or right not before in existence

Section 33 Conveyance or transfer in contemplation of sale

Section 34 Agreements in connection with, or in contemplation of, sale

Section 35 Deeds of enlargement

Section 36 Certain contracts for sale of leasehold interests to be chargeable as conveyances on sale

Section 37 Exchanges

Section 38 Partitions or divisions

Section 39 Decree or order for foreclosure, etc, and stamp duty

Section 40 Calculation of ad valorem duty on stock and securities

Section 41 How conveyance in consideration of debt etc, to be charged

Section 42 Charging of consideration consisting of periodical payments

Section 43 Further consideration in respect of substantial improvements not chargeable

Section 44 Procedure to apply where consideration, etc, cannot be ascertained

Section 45 Directions as to apportionment of consideration

Section 45A Aggregation of transactions

Section 46 Directions as to sub-sales

Section 47 Principal instrument, how to be ascertained

Section 48 Stamp duty and value-added tax

CHAPTER 3 Conveyances on any occasion except sale or mortgage

Section 49 Certain transfers, etc, not sales or mortgages, deemed to be conveyances

CHAPTER 4 Leases

Section 50 Agreements for not more than 35 years charged as leases

Section 50A Agreements for more than 35 years charged as leases

Section 51 Leases how to be charged in respect of produce, etc

Section 52 Charging of duty on leases, etc

Section 53 Lease combined with building agreement for dwellinghouse or apartment

Section 54 Leases deemed to operate as voluntary dispositions inter vivos

Section 55 Procedure to apply where consideration, etc, cannot be ascertained

Section 56 Stamp duty and value-added tax

CHAPTER 5 Mortgages, etc.

Section 57 Charging of duty on mortgages, etc

Section 58 Security for future advances, how to be charged

CHAPTER 6 Policies of Insurance

Section 59 Penalty for policy of insurance not duly stamped

Section 60 Short-term life insurance policies

Section 61 Location of insurance risk for stamp duty purposes

Section 62 Limitation of stamp duty on certain instruments relating to 2 or more distinct matters

CHAPTER 7 Releases or renunciations of any property, or of any right or interest in any property

Section 63 Letters of renunciation

CHAPTER 8 Share warrants and stock certificates to bearer, etc

Section 64 Instruments passing by delivery in pursuance of usage

Section 65 Penalty for issuing share warrant not duly stamped

Section 66 Penalty for issuing stock certificate not duly stamped, etc

CHAPTER 9 Surrenders of any property, or of any right or interest in any property

Section 67 Surrender and merger of leasehold interests

Part 6 SPECIAL PROVISIONS RELATING TO UNCERTIFICATED SECURITIES

Section 68 Interpretation (Part 6)

Section 69 Operator-instruction deemed to be an instrument of conveyance or transfer

Section 70 Rate of duty

Section 71 Application and adaptation of other Parts of this Act

Section 72 Collection and payment of duty

Section 73 Exemptions

Section 74 Exemption for market makers

Section 75 Relief for intermediaries

Section 75A Relief for clearing houses

Section 76 Obligations of system-members

Section 77 Overpayment of duty

Section 78 Regulations

Part 7 EXEMPTIONS AND RELIEFS FROM STAMP DUTY

CHAPTER 1 Instruments which must be presented to the Commissioners for adjudication in order to obtain exemption or relief

Section 79 Conveyances and transfers of property between certain bodies corporate

Section 80 Reconstructions or amalgamations of companies

Section 80A Demutualisation of assurance companies

Section 81 Young trained farmers

Section 81A Further relief from stamp duty in respect of transfers to young trained farmers

Section 81AA Transfers to young trained farmers

Section 81B Farm consolidation relief

Section 81C Further farm consolidation relief

Section 82 Charities

Section 82A Approved bodies

Section 82B Approved sports bodies

Section 83 Instruments given by means of security to company by subsidiary

Section 83A Transfer of site to child

Section 83B Certain family farm transfers

Section 83C Exchange of houses

CHAPTER 2 Other instruments

Section 84 Repayment of stamp duty on certain transfers of shares

Section 85 Certain loan capital and securities

Section 85A Certain investment certificates

Section 86 Certain loan stock

Section 87 Stock borrowing

Section 87A Stock repo

Section 88 Certain stocks and marketable securities

Section 88A Reorganisation of undertakings for collective investments

Section 88B Funds: reorganisation

Section 88C Reconstructions or amalgamations of certain common contractual funds

Section 88D Reconstructions or amalgamations of investment undertakings

Section 88E Transfer of assets within unit trusts

Section 89 Foreign Government securities

Section 90 Certain financial services instruments

Section 90A Greenhouse gas emissions allowance

Section 91 New dwellinghouses and apartments with floor area certificate

Section 91A New dwellinghouses and apartments with floor area compliance certificate

Section 92 New dwellinghouses and apartments with no floor area certificate

Section 92A Residential property owner occupier relief

Section 92B Residential property first time purchaser relief

Section 92C Residential property investor relief

Section 93 Houses acquired from industrial and provident societies

Section 93A Approved voluntary body

Section 94 Purchase of land from Land Commission

Section 95 Commercial woodlands

Section 96 Transfers between spouses

Section 97 Certain transfers following the dissolution of a marriage

Section 97A Certain transfers by cohabitants

Section 98 Foreign immovable property

Section 99 Dublin Docklands Development Authority

Section 99A Courts Service

Section 100 Temple Bar Properties Limited

Section 101 [Intellectual property]

Section 101A Single farm payment

Section 102 The Alfred Beit Foundation

Section 103 Shared ownership leases

Section 104 Licences and leases granted under Petroleum and Other Minerals Development Act, 1960, etc

Section 105 Securitisation agreements

Section 106 Housing Finance Agency

Section 106A National Building Agency Limited

Section 106B Housing authorities and Affordable Homes Partnership

Section 107 Certain mortgages of stock

Section 108 National Treasury Management Agency, etc

Section 108A National Development Finance Agency, etc.

Section 109 Certain instruments made in anticipation of a formal insurance policy

Section 110 Certain health insurance contracts

Section 110A Certain policies of insurance

Section 111 Oireachtas funds

Section 112 Certificates of indebtedness, etc

Section 113 Miscellaneous instruments

Part 8 COMPANIES CAPITAL DUTY

Section 114 Interpretation (Part 8)

Section 115 Restriction of application (Part 8)

Section 116 Charge of stamp duty

Section 117 Statement to be charged with stamp duty

Section 118 Amount on which stamp duty chargeable

Section 119 Reconstructions or amalgamations of capital companies

Section 120 Exemption for certain companies

Section 120A Relief in respect of certain payments of stamp duty

Section 121 Appeals in certain cases

Section 122 Recovery of stamp duty and furnishing of information

Part 9 LEVIES

Section 123 Cash cards

Section 123A Debit cards

Section 123B Cash, combined and debit cards

Section 123C Preliminary duty: cash, combined and debit cards

Section 124 Credit cards and charge cards

Section 124A Preliminary duty: credit and charge cards

Section 124B Certain premiums of life assurance

Section 125 Certain premiums of insurance

Section 125A Levy on authorised insurers

Section 125B Levy on pension schemes

Section 126 Certain statements of interest

Section 126A Levy on certain financial institutions

Section 126B Assessment of duty charged on statements

Part 10 ENFORCEMENT

Section 127 Terms on which instruments not duly stamped may be received in evidence

Section 128 Rolls, books, etc, to be open to inspection

Section 129 Penalty for enrolling, etc, instrument not duly stamped, etc

Section 130 Assignment of policy of life assurance to be stamped before payment of money assured

Section 131 Conditions and agreements as to stamp duty void

Section 132 Application of section 962 of the Taxes Consolidation Act, 1997

Section 133 Application of certain provisions relating to penalties under Taxes Consolidation Act, 1997

Section 134 Evidence in proceedings for recovery of stamp duty, etc

Section 134A Penalties

Part 11 MANAGEMENT PROVISIONS

CHAPTER 1 Interpretation, application and care and management

Section 135 Interpretation (Part 11)

Section 136 Application (Part 11)

Section 137 Stamp duties under care and management of the Commissioners

Section 137A Information exchange with Property Registration Authority

CHAPTER 2 Mode of recovering money received for duty

Section 138 Moneys received for duty and not appropriated to be recoverable in High Court

CHAPTER 3 Offences

Section 139 Certain offences in relation to dies and stamps provided by the Commissioners to be offences

Section 140 Proceedings for detection of forged dies, etc

Section 141 Proceedings for detection of stamps stolen or obtained fraudulently

Section 142 Licensed person in possession of forged stamps to be presumed guilty until contrary is shown

Section 143 Mode of proceeding when stamps are seized

Section 144 Defacement of adhesive stamps

Section 145 Penalty for frauds in relation to duties

CHAPTER 4 Sale of stamps

Section 146 Power to grant licences to deal in stamps

Section 147 Penalty for unauthorised dealing in stamps, etc

Section 148 Provisions as to determination of a licence

Section 149 Penalty for hawking stamps

Section 150 Discount

CHAPTER 5 Allowance for spoiled or misused stamps

Section 151 Allowance for spoiled stamps

Section 152 Allowance for misused stamps

Section 153 Allowance, how to be made

Section 154 Stamps not wanted may be repurchased by the Commissioners

Section 155 Allowance for lost instruments

CHAPTER 6 Miscellaneous

Section 156 Discontinuance of dies

Section 157 Declarations, affidavits and oaths, how to be made

Section 158 Mode of granting licences

Section 159 Recovery of penalties, etc

CHAPTER 7 Time limit for repayment of stamp duty, interest on repayment and time limits for enquiries and assessments

Section 159A Time limits for claiming a repayment of stamp duty

Section 159B Interest on repayments of stamp duty

Section 159C Time limits for making enquiries etc. and assessments by the Commissioners

CHAPTER 8 Calculation of interest on unpaid duty and other amounts

Section 159D Calculation of interest on unpaid duty and other amounts

Part 12 REPEALS, ETC

Section 160 Repeals

Section 161 Saving for enactments not repealed

Section 162 Consequential amendments to other enactments

Section 163 Continuity and construction of certain references to old and new law

Section 164 Short title

Schedules

Schedule 1 Stamp duties on instruments

Schedule 2 Qualifications for applying for relief from stamp duty in respect of transfers to young trained farmers

Schedule 2A Qualifications for applying for relief from stamp duty in respect of transfers to young trained farmers

Schedule 2B Qualifications for applying for relief from stamp duty in respect of transfers to young trained farmers

Schedule 3 Enactments repealed or revoked

Schedule 4 Consequential amendments