Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move:

(1) THAT for the purposes of stamp duty charged by virtue of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), that Act be amended—(a) in section 83D—

(i) in paragraphs (2)(a) and (6)(a), by substituting “7.5 per cent” for “6 per cent”, and

(ii) in paragraph (6)(a), by substituting “11/15” for “2/3”, and

(b) in Schedule 1—

(i) in the Heading “CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance”, in paragraph (4), by substituting “7.5 per cent” for “6 per cent”, and

(ii) in the Heading “LEASE”, in paragraph (3)(b), by substituting “7.5 per cent” for “6 per cent”.

(2) THAT—(a) subject to subparagraphs (b) and (c), this Resolution shall have effect as respects instruments executed on or after 9 October 2019,

(b) subparagraph (b) of paragraph (1) shall not have effect as respects any instrument executed before 1 January 2020, where—

(i) the effect of the application of subparagraph (b) of paragraph (1) would be to increase the duty otherwise chargeable on the instrument, and

(ii) the instrument contains a statement, in such form as the Revenue Commissioners may specify, certifying that the instrument was executed solely in pursuance of a binding contract entered into before 9 October 2019,

(c) subparagraph (a) of paragraph (1) shall not have effect as respects instruments executed on or after 9 October 2019 where subparagraph (b) of paragraph (2) applies to the instrument referred to in paragraph (a) of subsection 83D(2) of the Stamp Duties Consolidation Act 1999, and

(d) the furnishing of an incorrect certificate for the purposes of subparagraph (b)(ii) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act 1997 (No. 39 of 1997).(3) IT is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act 1927 (No. 7 of 1927).

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