Stamp Duties Consolidation Act 1999 section 88D

Reconstructions or amalgamations of investment undertakings

Section 88D exempts from stamp duty instruments made for the purposes of, or in connection with, a scheme for the reconstruction or amalgamation of an investment undertaking, subject to a specific exclusion for common contractual funds.

• No stamp duty is chargeable on instruments executed for the reconstruction or amalgamation of an investment undertaking falling within section 739H of the Taxes Consolidation Act 1997.
• The relief covers reconstructions and amalgamations between two Irish funds, and between sub-funds in different Irish funds.
• This extends the existing relief in section 88B, which deals with reconstructions or amalgamations between an Irish fund and a non-Irish fund.
• The exemption does not apply to schemes involving a common contractual fund within the meaning of section 739I(1)(a)(ii) of the Taxes Consolidation Act 1997.