Finance Act, 1996

Amendment of section 49 (exemption of certain instruments from stamp duty) of Finance Act, 1969.

113.—(1) Section 49 of the Finance Act, 1969 , is hereby amended by the substitution of the following subsection for subsection (2B) (inserted by the Finance Act, 1984 ):

“(2B) (a) Notwithstanding subsections (2) and (2A) of this section, subsection (1) of this section shall have effect in relation to an instrument if, but (apart from the said subsections (2) and (2A)) only if the instrument contains a statement, in such form as the Revenue Commissioners may specify, certifying that—

(i) the instrument gives effect to the purchase of a house upon the erection thereof, and

(ii) on the date of execution of the instrument there exists a valid floor area certificate in respect of the said house.

(b) In this subsection, “floor area certificate” means a certificate issued by the Minister for the Environment certifying that that Minister is satisfied, on the basis of the information available to that Minister at the time of so certifying, that the total floor area of the said house measured in the manner referred to in section 4 (2) (b) of the Housing (Miscellaneous Provisions) Act, 1979 , does not or will not exceed the maximum total floor area standing specified in regulations under the said section 4 (2) (b) and is not or will not be less than the minimum total floor area standing so specified.

(c) The furnishing of an incorrect statement within the meaning of paragraph (a) of this subsection shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 94 of the Finance Act, 1983 .”.

(2) This section shall have effect with respect to instruments executed on or after the date of the passing of this Act.