Dáil debates

Tuesday, 7 December 2010

Financial Resolution No. 15: Stamp Duties

 

(1) THAT for the purposes of stamp duty charged by virtue of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999) –

(a)the following sections of that Act shall cease to have effect–

(i)section 83A (inserted by the Finance Act 2001 (No. 7 of 2001)),

(ii)section 91A (inserted by the Finance Act 2004 (No. 8 of 2004)),

(iii) section 92, and

(iv) section 92B (inserted by the Finance (No. 2) Act 2000 (No. 19 of 2000)),

(b)Schedule 1 to that Act be amended –

(i)under 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." –

(I) by substituting the following for paragraphs (1) and (2):

(II) in paragraph (3) –

(A)by substituting "paragraph (1) does" for "paragraphs (1) and (2) do",

(B)by substituting "paragraph (1)" for "paragraph (2)" in each place, and

(C)by substituting "shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €." for "shall be rounded down to the nearest €.",

(III) in paragraph (4) –

(A) by substituting "2 per cent" for "9 per cent", and

(B) by substituting "shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €." for "shall be rounded down to the nearest €.",

(IV) in paragraph (15) by substituting "Where paragraphs (7) to (13) apply" for "Where",

(ii)under the Heading "LEASE." –

(I) by substituting the following for clauses (i) and (ii) of paragraph (3)(a):

(II) in clause (iii) –

(A) by substituting "clause (i) does" for "clauses (i) and (ii) do", and

(B)by substituting "clause (i)" for "clause (ii)" in each place,

(III) in clause (iv) –

(A)by substituting "2 per cent" for "9 per cent", and

(B)by substituting "shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €." for "shall be rounded down to the nearest €.".

(2) THAT, subject to paragraph (3) of this Resolution, paragraph (1) of this Resolution shall have effect as respects instruments executed on or after 8 December 2010.

(3) Paragraph (1) of this Resolution shall not apply as respects any instrument executed before 1 July 2011 where –

(a)the effect of the application of that paragraph would be to increase the duty otherwise chargeable on the instrument, and

(b)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 8 December 2010.

(4) 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).