Stamp Duty Consolidation Act, 1999 (Number 31 of 1999)
PART 4
Adjudication and Appeals
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20 Assessment of duty by the Commissioners.
[SA1891 s12]
(1) Subject to such regulations as the Commissioners may think fit to make, the Commissioners may be required by any person to express their opinion, or may express their opinion, with reference to any executed instrument on the following questions:
(a) whether it is chargeable with any duty;
(b) with what amount of duty it is chargeable.
(2) Where an instrument which is chargeable with stamp duty [2]>has not been delivered to the Commissioners for assessment of duty or impressing of stamps<[2][2]>has not been stamped and the Commissioners have not been required by any person to express their opinion as to the chargeability of the instrument to duty<[2], the Commissioners shall make an assessment of such amount of stamp duty as, to the best of their knowledge, information (including information received from a member of the Garda Síochána) and belief, ought to be charged, levied and paid on the instrument; and the accountable person shall be liable for the payment of the stamp duty so assessed unless, on delivery of the instrument to them, the Commissioners make another assessment to be substituted for such assessment.
(3) The Commissioners may require to be furnished with a copy of the instrument, together with such evidence as they may deem necessary, in order to show to their satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable on the instrument, are fully and truly set forth in the instrument.
(4) If the Commissioners are of opinion that the instrument is not chargeable with any duty, it may be stamped with a [3]>particular stamp<[3][3]>particular stamp, or a stamp certificate issued in respect of the instrument,<[3] denoting that it is not chargeable with any duty.
(5) If the Commissioners are of opinion that the instrument is chargeable with duty, they shall assess the duty with which it is in their opinion chargeable, and when the instrument is stamped in accordance with the assessment it may be stamped with a [4]>particular stamp<[4][4]>particular stamp, or a stamp certificate issued in respect of the instrument,<[4] denoting that it is duly stamped.
(6) Every instrument [5]>stamped with the particular stamp denoting either that it is not chargeable with any duty, or is duly stamped<[5][5]>stamped in accordance with subsection (4) or (5)<[5], shall be admissible in evidence, and available for all purposes notwithstanding any objection relating to duty.
(7) An instrument on which the duty has been assessed by the Commissioners shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with the assessment.
(8) Nothing in this section shall—
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(a) extend to any instrument chargeable with ad valorem duty, and made as a security for money or stock without limit, or
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(b) authorise the stamping after its execution of any instrument which by law cannot be stamped after execution.
(9) A statutory declaration made for the purpose of this section shall not be used against any person making the same in any proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable.
(10) If at any time it appears that for any reason an assessment is incorrect the Commissioners shall make such other assessment as they consider appropriate, which assessment shall be substituted for the first-mentioned assessment.
(11) If at any time it appears, in respect of an instrument which has been stamped in accordance with an assessment, that for any reason the assessment was an underassessment the Commissioners shall make such additional assessment as they consider appropriate.
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20 Assessment of duty by Commissioners.
(1) Notwithstanding subsection (2), where an electronic return or a paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that return an assessment of such amount of stamp duty that, to the best of the accountable person’s knowledge, information and belief, ought to be charged, levied and paid on the instrument and the accountable person shall pay, or cause to be paid, the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.
(2) Where an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument required to be stamped by means of the e-stamping system, the Commissioners shall make an assessment of such amount of stamp duty as, to the best of their knowledge, information (including information received from a member of the Garda Síochána) and belief, ought to be charged, levied and paid on the instrument and an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.
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(2A) If at any time it appears for any reason an assessment is incorrect the Commissioners shall make such other assessment as they consider appropriate and any such assessment shall be substituted for the first-mentioned assessment.
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(3) Where the Commissioners make an assessment to be substituted for another assessment, an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D.
(4) The Commissioners may require to be furnished with a copy of the instrument, together with such evidence as they may deem necessary, in order to show to their satisfaction that the instrument has been or will be correctly stamped.
(5) Every instrument stamped in conformity with an assessment made under this section shall be admissible in evidence and available for all purposes notwithstanding any objection relating to duty.
(6) An instrument which is chargeable with duty shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with an assessment.
(7) Nothing in this section shall authorise the stamping after its execution of any instrument which by law cannot be stamped after execution.
(8) The Commissioners may make such enquiries or take such actions as they consider necessary to satisfy themselves as to the accuracy of an electronic return or a paper return delivered in relation to an instrument required to be stamped.
(9) Where an amended electronic return or an amended paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that amended return an assessment to be substituted for an earlier assessment.
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(10) An assessment of stamp duty shall, where subsection (3) of section 14A applies, include any surcharge within the meaning of that subsection.
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[1]
Deleted by FA07 s100(1)(b). This section applies to instruments executed on or after 7 December 2006.
[2]
Substituted by FA08 s111(1)(g)(i). This section comes into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.
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Substituted by FA08 s111(1)(g)(ii). This section comes into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.
[4]
Substituted by FA08 s111(1)(g)(iii). This section comes into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.
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Substituted by FA08 s111(1)(g)(iv). This section comes into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.
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Substituted by FA12 sched3(10). In effect for all instruments that are executed on or after 7 July 2012 per S.I. No. 228 of 2012.