Stamp Duties Consolidation Act 1999 section 90

Certain financial services instruments

Section 90 Certain financial services instruments [SDCA 1999 s 90]

Section 90 exempts a range of financial services instruments from stamp duty.

• A debt factoring agreement, swap agreement, forward agreement, option agreement and financial futures agreement (and any combination of these) are exempt from stamp duty.
• Transfers of these instruments, transfers of certain leases and transfers of American depositary receipts are also exempt.
• The exemption is withdrawn (other than for American depositary receipts) where the instrument relates to Irish immovable property or to the stocks or marketable securities of an Irish-registered company, subject to carve-outs for section 739B investment undertakings and section 110 qualifying companies.
• An instrument exempt under section 90 in respect of one provision may still be chargeable under another heading in Schedule 1 in respect of another provision it contains.