Hide Nav Show Nav
SOLR_PROP

Stamp Duties Consolidation Act, 1999

../../../../../images/harp.jpg


Number 31 of 1999


STAMP DUTIES CONSOLIDATION ACT, 1999


ARRANGEMENT OF SECTIONS

PART 1

Interpretation

Section

1.

Interpretation.

PART 2

Charging and Stamping of Instruments

2.

Charging of, liability for, and recovery of stamp duty.

3.

Variation of certain rates of duty by order.

4.

How duties are to be paid.

5.

Agreement as to payment of stamp duty on instruments.

6.

How instruments are to be written and stamped.

7.

Instruments to be separately charged with duty in certain cases.

8.

Facts and circumstances affecting duty to be set forth in instruments, etc.

9.

Mode of calculating ad valorem duty in certain cases.

10.

Adhesive stamps.

11.

Denoting stamps.

12.

Particulars delivered stamps.

13.

Duplicates and counterparts.

14.

Penalty on stamping instruments after execution.

15.

Surcharges for undervaluation in case of voluntary dispositions inter vivos.

16.

Surcharges to apply when apportionment is not just and reasonable.

17.

Furnishing of an incorrect certificate.

PART 3

Valuation

18.

Mode of valuing property.

19.

Valuation of property chargeable with stamp duty.

PART 4

Adjudication and Appeals

20.

Assessment of duty by the Commissioners.

21.

Right of appeal of persons dissatisfied with assessment.

PART 5

Provisions Applicable to Particular Instruments

Chapter 1

Bills of Exchange and Promissory Notes

22.

Bills and notes purporting to be drawn outside the State.

23.

Restriction on stamping after execution.

24.

One bill only of a set need be stamped.

25.

Denotion of duty by adhesive stamps.

26.

Certain bills issued by local authorities to be chargeable as promissory notes.

27.

Stamping of certain foreign bills of exchange.

28.

Notes promising the payment of sum of money out of a particular fund, etc.

Chapter 2

Conveyances on Sale

29.

Conveyance on sale combined with building agreement for dwellinghouse or apartment.

30.

Voluntary dispositions inter vivos chargeable as conveyances or transfers on sale.

31.

Certain contracts to be chargeable as conveyances on sale.

32.

As to sale of an annuity or right not before in existence.

33.

Conveyance or transfer in contemplation of sale.

34.

Agreements in connection with, or in contemplation of, sale.

35.

Deeds of enlargement.

36.

Certain contracts for sale of leasehold interests to be chargeable as conveyances on sale.

37.

Exchanges.

38.

Partitions or divisions.

39.

Decree or order for foreclosure, etc., and stamp duty.

40.

Calculation of ad valorem duty on stock and securities.

41.

How conveyance in consideration of debt, etc., to be charged.

42.

Charging of consideration consisting of periodical payments.

43.

Further consideration in respect of substantial improvements not chargeable.

44.

Procedure to apply where consideration, etc., cannot be ascertained.

45.

Directions as to apportionment of consideration.

46.

Directions as to sub-sales.

47.

Principal instrument, how to be ascertained.

48.

Stamp duty and value-added tax.

Chapter 3

Conveyances on any occasion except sale or mortgage

49.

Certain transfers, etc., not sales or mortgages, deemed to be conveyances.

Chapter 4

Leases

50.

Agreements for not more than 35 years charged as leases.

51.

Leases how to be charged in respect of produce, etc.

52.

Charging of duty on leases, etc.

53.

Lease combined with building agreement for dwellinghouse or apartment.

54.

Leases deemed to operate as voluntary dispositions inter vivos.

55.

Procedure to apply where consideration, etc., cannot be ascertained.

56.

Stamp duty and value-added tax.

Chapter 5

Mortgages, etc.

57.

Charging of duty on mortgages, etc.

58.

Security for future advances, how to be charged.

Chapter 6

Policies of Insurance

59.

Penalty for policy of insurance not duly stamped.

60.

Short-term life insurance policies.

61.

Location of insurance risk for stamp duty purposes.

62.

Limitation of stamp duty on certain instruments relating to 2 or more distinct matters.

Chapter 7

Releases or renunciations of any property, or of any right or interest in any property

63.

Letters of renunciation.

Chapter 8

Share Warrants and Stock Certificates to Bearer, etc.

64.

Instruments passing by delivery in pursuance of usage.

65.

Penalty for issuing share warrant not duly stamped.

66.

Penalty for issuing stock certificate not duly stamped, etc.

Chapter 9

Surrenders of any property, or of any right or interest in any property

67.

Surrender and merger of leasehold interests.

PART 6

Special Provisions Relating to Uncertificated Securities

68.

Interpretation (Part 6).

69.

Operator-instruction deemed to be an instrument of conveyance or transfer.

70.

Rate of duty.

71.

Application and adaptation of other Parts of this Act.

72.

Collection and payment of duty.

73.

Exemptions.

74.

Exemption for market makers.

75.

Relief for member firms.

76.

Obligations of system-members.

77.

Overpayment of duty.

78.

Regulations.

PART 7

Exemptions and Reliefs from Stamp Duty

Chapter 1

Instruments which must be presented to the Commissioners for adjudication in order to obtain exemption or relief

79.

Conveyances and transfers of property between certain bodies corporate.

80.

Reconstructions or amalgamations of companies.

81.

Young trained farmers.

82.

Charities.

83.

Instruments given by means of security to company by subsidiary.

Chapter 2

Other instruments

84.

Repayment of stamp duty on certain transfers of shares.

85.

Certain loan capital and securities.

86.

Certain loan stock.

87.

Stock borrowing.

88.

Certain stocks and marketable securities.

89.

Foreign Government securities.

90.

Certain financial services instruments.

91.

New dwellinghouses and apartments with floor area certificate.

92.

New dwellinghouses and apartments with no floor area certificate.

93.

Houses acquired from industrial and provident societies.

94.

Purchase of land from Land Commission.

95.

Commercial woodlands.

96.

Transfers between spouses.

97.

Certain transfers following the dissolution of a marriage.

98.

Foreign immovable property.

99.

Dublin Docklands Development Authority.

100.

Temple Bar Properties Limited.

101.

Community and international trade marks.

102.

The Alfred Beit Foundation.

103.

Shared ownership leases.

104.

Licences and leases granted under Petroleum and Other Minerals Development Act, 1960, etc.

105.

Securitisation agreements.

106.

Housing Finance Agency.

107.

Certain mortgages of stock.

108.

National Treasury Management Agency, etc.

109.

Certain instruments made in anticipation of a formal insurance policy.

110.

Certain health insurance contracts.

111.

Oireachtas funds.

112.

Certificates of indebtedness, etc.

113.

Miscellaneous instruments.

PART 8

Companies Capital Duty

114.

Interpretation (Part 8).

115.

Restriction of application (Part 8).

116.

Charge of stamp duty.

117.

Statement to be charged with stamp duty.

118.

Amount on which stamp duty chargeable.

119.

Reconstructions or amalgamations of capital companies.

120.

Exemption for certain companies.

121.

Appeals in certain cases.

122.

Recovery of stamp duty and furnishing of information.

PART 9

Levies

123.

Cash cards.

124.

Credit cards and charge cards.

125.

Certain premiums of insurance.

126.

Certain statements of interest.

PART 10

Enforcement

127.

Terms on which instruments not duly stamped may be received in evidence.

128.

Rolls, books, etc., to be open to inspection.

129.

Penalty for enrolling, etc., instrument not duly stamped, etc.

130.

Assignment of policy of life insurance to be stamped before payment of money assured.

131.

Conditions and agreements as to stamp duty void.

132.

Application of section 962 of Taxes Consolidation Act, 1997.

133.

Application of certain provisions relating to penalties under Taxes Consolidation Act, 1997.

134.

Evidence in proceedings for recovery of stamp duty, etc.

PART 11

Management Provisions

Chapter 1

Interpretation, Application and Care and Management

135.

Interpretation (Part 11).

136.

Application (Part 11).

137.

Stamp duties under care and management of the Commissioners

Chapter 2

Mode of recovering money received for duty

138.

Moneys received for duty and not appropriated to be recoverable in High Court.

Chapter 3

Offences

139.

Certain offences in relation to dies and stamps provided by the Commissioners to be offences.

140.

Proceedings for detection of forged dies, etc.

141.

Proceedings for detection of stamps stolen or obtained fraudulently.

142.

Licensed person in possession of forged stamps to be presumed guilty until contrary is shown.

143.

Mode of proceeding when stamps are seized.

144.

Defacement of adhesive stamps.

145.

Penalty for frauds in relation to duties.

Chapter 4

Sale of stamps

146.

Power to grant licences to deal in stamps.

147.

Penalty for unauthorised dealing in stamps, etc.

148.

Provisions as to determination of a licence.

149.

Penalty for hawking stamps.

150.

Discount.

Chapter 5

Allowance for spoiled or misused stamps

151.

Allowance for spoiled stamps.

152.

Allowance for misused stamps.

153.

Allowance, how to be made.

154.

Stamps not wanted may be repurchased by the Commissioners.

155.

Allowance for lost instruments.

Chapter 6

Miscellaneous

156.

Discontinuance of dies.

157.

Declarations, affidavits and oaths, how to be made.

158.

Mode of granting licences.

159.

Recovery of penalties, etc.

PART 12

Repeals, etc.

160.

Repeals.

161.

Saving for enactments not repealed.

162.

Consequential amendments to other enactments.

163.

Continuity and construction of certain references to old and new law.

164.

Short title.

SCHEDULE 1

Stamp Duties on Instruments

SCHEDULE 2

Qualifications for Applying for Relief from Stamp Duty in Respect of Transfers to Young Trained Farmers

SCHEDULE 3

Enactments Repealed or Revoked

SCHEDULE 4

Consequential Amendments


Acts Referred to

ACC Bank Act, 1992

1992, No. 6

Assurance Companies Act, 1909

9 Edw. 7, c.49

Building Societies Act, 1989

1989, No. 17

Capital Acquisitions Tax Act, 1976

1976, No. 8

Central Bank Act, 1971

1971, No. 24

Companies Act, 1963

1963, No. 33

Companies Act, 1990

1990, No. 33

Conveyancing Act, 1881

44 & 45 Vict., c.41

Criminal Assets Bureau Act, 1996

1996, No. 31

Disclosure of Certain Information for Taxation and Other Purposes Act, 1996

1996, No. 25

Electricity (Supply) Act, 1927

1927, No. 27

Exchange Control Act, 1954

1954, No. 30

Family Law Act, 1995

1995, No. 26

Family Law (Divorce) Act, 1996

1996, No. 33

Finance Act, 1894

57 & 58 Vict., c.30

Finance Act, 1895

58 Vict., c.16

Finance Act, 1897

60 & 61 Vict., c.24

Finance Act, 1898

61 & 62 Vict., c.10

Finance Act, 1899

62 & 63 Vict., c.9

Finance Act, 1900

63 Vict., c.7

Finance (1909-10) Act, 1910

10 Edw. 7, c.8

Finance Act, 1920

10 & 11 Geo. 5, c.18

Finance Act, 1922

12 & 13 Geo. 5, c.17

Finance Act, 1924

1924, No. 27

Finance Act, 1926

1926, No. 35

Finance (Customs and Stamp Duties) Act, 1929

1929, No. 5

Finance Act, 1929

1929, No. 32

Finance Act, 1931

1931, No. 31

Finance Act, 1932

1932, No. 20

Finance Act, 1933

1933, No. 15

Finance Act, 1934

1934, No. 31

Finance (Miscellaneous Provisions) Act, 1935

1935, No. 7

Finance Act, 1936

1936, No. 31

Finance Act, 1942

1942, No. 14

Finance Act, 1943

1943, No. 16

Finance Act, 1949

1949, No. 13

Finance Act, 1952

1952, No. 14

Finance Act, 1954

1954, No. 22

Finance Act, 1955

1955, No. 13

Finance Act, 1958

1958, No. 25

Finance Act, 1959

1959, No. 18

Finance Act, 1960

1960, No. 19

Finance Act, 1961

1961, No. 23

Finance Act, 1962

1962, No. 15

Finance Act, 1963

1963, No. 23

Finance Act, 1965

1965, No. 22

Finance Act, 1967

1967, No. 17

Finance Act, 1969

1969, No. 21

Finance Act, 1970

1970, No. 14

Finance Act, 1971

1971, No. 23

Finance Act, 1972

1972, No. 19

Finance Act, 1973

1973, No. 19

Finance Act, 1974

1974, No. 27

Finance Act, 1975

1975, No. 6

Finance Act, 1976

1976, No. 16

Finance Act, 1977

1977, No. 18

Finance Act, 1978

1978, No. 21

Finance Act, 1979

1979, No. 11

Finance Act, 1980

1980, No. 14

Finance Act, 1981

1981, No. 16

Finance (No. 2) Act, 1981

1981, No. 28

Finance Act, 1982

1982, No. 14

Finance Act, 1983

1983, No. 15

Finance Act, 1984

1984, No. 9

Finance Act, 1985

1985, No. 10

Finance Act, 1986

1986, No. 13

Finance Act, 1987

1987, No. 10

Finance Act, 1988

1988, No. 12

Finance Act, 1989

1989, No. 10

Finance Act, 1990

1990, No. 10

Finance Act, 1991

1991, No. 13

Finance Act, 1992

1992, No. 9

Finance (No. 2) Act, 1992

1992, No. 28

Finance Act, 1993

1993, No. 13

Finance Act, 1994

1994, No. 13

Finance Act, 1995

1995, No. 8

Finance Act, 1996

1996, No. 9

Finance Act, 1997

1997, No. 22

Finance Act, 1998

1998, No. 3

Finance (No. 2) Act, 1998

1998, No. 15

Finance Act, 1999

1999, No. 2

Forgery Act, 1913

3 & 4 Geo. 5, c.27

Health Insurance Act, 1994

1994, No. 16

Housing Act, 1966

1966, No. 21

Housing Finance Agency Act, 1981

1981, No. 37

Housing (Miscellaneous Provisions) Act, 1979

1979, No. 27

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

ICC Bank Act, 1992

1992, No. 21

Industrial and Provident Societies Acts, 1893 to 1978

Inland Revenue Regulation Act, 1890

53 & 54 Vict., c.21

Insurance Act, 1936

1936, No. 45

Investment Limited Partnerships Act, 1994

1994, No. 24

Land Act, 1965

1965, No. 2

Limited Partnerships Act, 1907

7 Edw. 7, c.24

Local Government (Financial Provisions) Act, 1978

1978, No. 35

National Treasury Management Agency Act, 1990

1990, No. 18

Petroleum and Other Minerals Development Act, 1960

1960, No. 7

Postal and Telecommunications Services Act, 1983

1983, No. 24

Property Values (Arbitrations and Appeals) Act, 1960

1960, No. 45

Revenue Act, 1898

61 & 62 Vict., c.46

Revenue Act, 1903

3 Edw. 7, c.46

Revenue Act, 1909

9 Edw. 7, c.43

Securitisation (Proceeds of Certain Mortgages) Act, 1995

1995, No. 30

Solicitors Act, 1954

1954, No. 36

Solicitors (Amendment) Act, 1994

1994, No. 27

Stamp Act, 1891

54 & 55 Vict., c.39

Stamp Duties Management Act, 1891

54 & 55 Vict., c.38

Statute of Limitations, 1957

1957, No. 6

Stock Transfer Act, 1963

1963, No. 34

Succession Duty Act, 1853

16 & 17 Vict., c.51

Taxes Consolidation Act, 1997

1997, No. 39

Temple Bar Area Renewal and Development Act, 1991

1991, No. 19

Trade Marks Act, 1996

1996, No. 6

Trustee Savings Banks Act, 1989

1989, No. 21

Value-Added Tax Act, 1972

1972, No. 22

../../../../../images/harp.jpg


Number 31 of 1999


STAMP DUTIES CONSOLIDATION ACT, 1999


AN ACT TO CONSOLIDATE CERTAIN ENACTMENTS RELATING TO STAMP DUTIES AND THE MANAGEMENT OF THOSE DUTIES. [15th December, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: