Stamp Duties Consolidation Act 1999 section 44

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

Section 44 provides that where the consideration for a sale cannot be ascertained at the date of execution, stamp duty is charged on the market value of the property instead.

• Where the consideration for a sale cannot be determined when the conveyance is executed, stamp duty is charged on the open market value of the property rather than on the actual consideration.
• This applies where the consideration would, if it could be determined, attract ad valorem duty based on the amount or value of the consideration.
• The market value is the amount a purchaser would pay for the property on the basis of full consideration in an arm's length transaction.
• The section does not apply to a site sale combined with a building agreement for a dwelling house or apartment where the consideration is calculated as ten times the site's unencumbered open market value under section 29(4)(a).