Finance Act, 1924

Amendment of section 2 of Finance Act, 1894.

32.—(1) Sub-section (1) of section 2 of the Finance Act, 1894 , shall, in the case of a person dying on or after the 1st day of April, 1924, be read as if there were added after paragraph (d) thereof the following paragraph—

“(e) Any personal or moveable property situate out of Saorstát Eireann taken as a donatio mortis causâ made by any person dying domiciled in Saorstát Eireann, or taken under a disposition made by any person dying domiciled in Saorstát Eireann and purporting to operate as an immediate gift inter vivos whether by way of transfer, delivery, declaration of trust, or otherwise which shall not have been bona fide made at least three years before the death of the deceased, and any personal or moveable property situate out of Saorstát Eireann taken under any gift, whenever made, by any person dying domiciled in Saorstát Eireann of which bona fide possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise.”

(2) In the case of property passing on the death of a person dying on or after the 1st day of April, 1924, sub-section (2) of section 2 of the Finance Act, 1894 , shall be read as if there were inserted therein immediately after the word “property” the words “(other than the property referred to in paragraph (e) of sub-section (1) of this section)” and as if there were added thereto immediately after the word “passes” the words “or but for the provisions of section 38 of the Stamp Duties (Ireland) Act, 1842 , or of section 18 of the Succession Duty Act, 1853 .”