Section 12 Particulars delivered stamps

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

What definitions apply in this section?

(1) A fee simple interest in land means the (unfettered) right in possession to the land, not subject to any lease. The term does not include an undivided share in a fee simple in possession....

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

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

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

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

When is it obligatory to deliver particulars to Revenue, and which party to the transaction is responsible?

(2) This rule applies where:...

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(3) Notwithstanding anything in section 20 or 127, [any transfer or lease (not being a duplicate or counterpart of a transfer or lease)]¹ to which regulations made pursuant to subsection (2) apply shall not, other than in criminal proceedings or in civil proceedings by the Commissioners to recover stamp duty, be given in evidence, or be available for any purpose unless it is stamped with a stamp denoting that all particulars prescribed by the Commissioners have been delivered.

Amendments

1 Substituted by Finance Act 2007 section 101(1)(c) as respects instruments drawn, made or executed on or after 2 April 2007.

If an instrument does not have the prescribed "particulars delivered" stamp, does this affect its admissibility in evidence?

(3) A transfer or lease (other than a duplicate or couterpart of such lease) in respect of which particulars have been delivered in the manner described in (1) may not be given in evidence or be available for any purpose unless it bears a Revenue sta...

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

Do criminal penalties apply for non-compliance?

(4) Yes. Revenue may take criminal proceedings under Taxes Consolidation Act 1997 section 1078(1) against you if you do not comply with (1) or (3).

(5) Subsection (2) does not apply where the transfer or lease concerned is effected by an instrument which [has been stamped, or is not required under Regulations made pursuant to section 17A to be stamped,]¹ by means of the e-stamping system.

Amendments

Subs (5) inserted by Finance Act 2008 section 111(1)(d) from a day to be appointed by the Minister for Finance.

1 Substituted by Finance Act 2010 section 159 and Schedule 4 para 2(b) from 30 December 2009.

Are e-stamped deeds caught by the "particulars delivered" rule?

(5) No.