Finance Act, 1953
|
Refund of stamp duties in certain cases. |
14.—(1) In this section— | |
“the 1947 section” means section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), as amended by subsequent enactments; | ||
“the 1949 section” means section 24 of the Finance Act, 1949 (No. 13 of 1949), as amended by subsequent enactments. | ||
(2) Where— | ||
(a) an instrument has (whether before or after the passing of this Act) been charged with stamp duty in accordance with subsection (5) of the 1947 section, | ||
(b) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and | ||
(c) it is shown to the satisfaction of the Revenue Commissioners that the person who became entitled under the instrument to the entire beneficial interest in the property conveyed or transferred (or, where more than one person became entitled to a beneficial interest therein, each of them) was, at the date of the execution of the instrument, an Irish citizen, | ||
the instrument shall be deemed to have contained any such statements as are referred to in the 1947 section that could properly have been contained therein, and to have been chargeable with duty accordingly, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped. | ||
(3) Where— | ||
(a) an instrument has (whether before or after the passing of this Act) been charged with stamp duty in accordance with subsection (5) of the 1949 section, | ||
(b) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and | ||
(c) it is shown to the satisfaction of the Revenue Commissioners that the person who became entitled to the entire beneficial interest in the lessee's interest under the instrument (or, where more than one person became entitled to a beneficial interest therein, each of them) was, at the date of the execution of the instrument, an Irish citizen, the instrument shall be deemed to have contained any such statements as are referred to in the 1949 section that could properly have been contained therein, and to have been chargeable with duty accordingly, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped. | ||
(4) In any such case as is referred to in subsection (2) or subsection (3) of this section, the Revenue Commissioners may repay the difference between the amount of duty actually charged on the instrument and the amount deemed to be chargeable thereon by virtue of this section, provided that the application for repayment is made within two years after the date of the passing of this Act or the date of the instrument (whichever date is the later). | ||
(5) The reference in paragraph (a) of subsection (1) of section 19 of the Finance Act, 1951 (No. 15 of 1951), to the enactments in force immediately before the passing of that Act shall be construed as including a reference to the foregoing subsections of this section. |