Finance Act, 1999

Amendment of section 114 (exemption from stamp duty of transfers by spouses) of Finance Act, 1990.

141.—(1) The Finance Act, 1990 , is hereby amended by the substitution of the following section for section 114:

“114.—(1) Subject to subsection (2), stamp duty shall not be chargeable on any instrument, other than a conveyance or transfer referred to in subsection (4), (5), (6) or (7) of section 58 of the Stamp Act, 1891, or subsection (1)(b) of section 106 of the Finance Act, 1996 , whereby any property is transferred by a spouse or spouses of a marriage to either spouse or to both spouses of that marriage.

(2) Subsection (1) shall not apply to an instrument whereby any property or any part of, or beneficial interest in, any property is transferred to a person other than a spouse referred to in that subsection.

(3) Section 74 (2) of the Finance (1909-10) Act, 1910 , shall not apply to an instrument to which subsection (1) applies.”.

(2) Section 212 of the Finance Act, 1992 , is hereby repealed.

(3) This section shall have effect in relation to instruments executed on or after the 2nd day of March, 1999.