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Stamp Duty Consolidation Act, 1999 (Number 31 of 1999)

12 Particulars delivered stamps.

[FA1994 s107(1) to (3) and (6)]

(1) In this section “fee simple”, “interest”, “land” and “lease” have the same meanings, respectively, as in section 41 of the Finance (1909-10) Act, 1910, and references to a “transferee” or a “lessee” include the personal representatives of any transferee or lessee.

(2) It shall be the duty of the transferee or lessee, on the occasion of any transfer of the fee simple of any land or of any interest in land or on the grant of any lease of any land for a term exceeding 14 years (whether the transfer or lease is on sale or operates as a voluntary disposition inter vivos), to present to the Commissioners such particulars in relation to such class or category of transfer or lease as they may prescribe by regulations and, without prejudice to the generality of the foregoing, the regulations may make provision in relation to all or any of the following matters:

(a) the form in which the particulars are to be delivered;

(b) the time limits within which the particulars are to be delivered;

(c) the manner in which the land is to be described or classified;

(d) the furnishing of tax reference numbers of the parties to the instrument.

(3) Notwithstanding anything in section 20 or 127, [1]>any transfer or lease<[1][1]>any transfer or lease (not being a duplicate or counterpart of a transfer or lease)<[1] to which regulations made pursuant to subsection (2) apply shall not, other than in criminal proceedings or in civil proceedings by the Commissioners to recover stamp duty, be given in evidence, or be available for any purpose unless it is stamped with a stamp denoting that all particulars prescribed by the Commissioners have been delivered.

(4) If the transferee or lessee fails to comply with this provision, such person shall be guilty of an offence and section 1078 (which relates to revenue offences) of the Taxes Consolidation Act, 1997, shall for the purposes of such offence be construed in all respects as if such offence were an offence under subsection (2) of that section.

[2]>

(5) Subsection (2) does not apply where the transfer or lease concerned is effected by an instrument which [3]>has been stamped<[3][3]>has been stamped, or is not required under Regulations made pursuant to section 17A to be stamped,<[3] by means of the e-stamping system.

<[2]

[1]

[-] [+]

Substituted by FA07 s101(1)(c). This section applies to instruments drawn, made or executed on or after 2 April 2007

[2]

[+]

Inserted by FA08 s111(1)(d). With effect from 26 November 2009 as per S.I. No. 484 of 2009.

[3]

[-] [+]

Substituted by FA10 sched(4)(2)(b). Applies as on and from 30 December 2009.