Section 10 Adhesive stamps

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

Where stamp duty can be denoted by an adhesive stamp, is any particular stamp required?

(1) Stamp duty that may be denoted by adhesive stamps must be denoted by adhesive stamps issued by Revenue.

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

Am I required to cancel the stamps and is there a prescribed way to do so?

(2) If the stamp duty on an instrument may be denoted by adhesive stamps, the instrument is not regarded as duly stamped unless you cancel the stamp:...

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

If there are two or more stamps required, must I cancel all of them in the same manner?

(3) If two or more adhesive stamps are used to denote the stamp duty payable on an instrument, each such stamp must be cancelled in the manner described in (2).

(4) Every person who, being required by law to cancel an adhesive stamp, neglects or refuses duly and effectually to do so in the manner set out in subsection (2), shall incur a penalty of [€630]¹.

Amendments

1 Substituted by Finance Act 2001 section 240(2) and Schedule 5 as respects any act or omission which takes place or begins on or after 1 January 2002.

If I fail to cancel a stamp, what penalty applies?

(4) A penalty of €630 applies if you, although required by law to cancel a stamp in the manner described in (2), neglect or refuse to do so.

(5) If any person-

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

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

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

Do criminal penalties arise in respect of the fraudulent removal or subsequent sale of adhesive stamps?

(5) If you:...

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