159B Interest on repayments of stamp duty.

(1) In this section—

“relevant date”, in relation to a repayment of stamp duty, means:

(a) the date which is ^[2]>183 days^<[2][2]>93 days^<[2] after the date on which a valid claim in respect of the repayment is made to the Commissioners, or

(b) where the repayment is due to a mistaken assumption in the operation of stamp duty on the part of the Commissioners, the date which is the date of the payment of stamp duty, interest, a surcharge or a penalty, as the case may be, which has given rise to that repayment.

“relevant document” means—

(a) an instrument stamped by the Commissioners, or a statement of liability delivered to the Commissioners under any provision of this Act, or

^[5]>

(b) an operator-instruction entered in a relevant system under section 69.

^<[5]

^[5]>

(b) a transfer order entered in a securities settlement system under section 78B;

^<[5]

“repayment” means a repayment of stamp duty including a repayment of—

(a) any interest charged,

(b) any surcharge imposed,

(c) any penalty incurred,

under any provision of this Act in relation to stamp duty.

(2) No interest shall be payable in respect of a repayment claim made under any other provision of this Act unless such interest falls to be paid under this section.

(3) Subject to the provisions of this section, where a person is entitled to a repayment in respect of a relevant document, to which this section applies, the amount of the repayment shall, subject to a valid claim in respect of the repayment being made to the Commissioners and subject to ^[4]>section 1006A(2A)^<[4][4]>section 960H(4)^<[4] of the Taxes Consolidation Act 1997, carry simple interest at the rate of 0.011 per cent, or such other rate (if any) prescribed by the Minister by order under subsection (8), for each day or part of a day for the period commencing on the relevant date and ending on the date upon which the repayment is made.

(4) A claim for repayment under this section shall only be treated as a valid claim when—

(a) it has been made in accordance with the provisions of the law (if any) relating to stamp duty under which such claim is made,

and

(b) all information which the Commissioners may reasonably require to enable them determine if and to what extent a repayment is due, has been furnished to them.

(5) Interest shall not be payable under this section if it amounts to €10 or less.

^[3]>

(6) This section shall not apply in relation to any repayment or part of a repayment of stamp duty in respect of which interest is payable under or by virtue of any provision of any other enactment.

^<[3]

^[3]>

(6) Except as provided for by this Act or section 941 of the Taxes Consolidation Act 1997 as it applies for the purposes of stamp duties, the Commissioners shall not repay an amount of duty paid to them or pay interest in respect of an amount of duty paid to them.

^<[3]

(7) Income tax shall not be deductible on any payment of interest under this section and such interest shall not be reckoned in computing income for the purposes of the Tax Acts.

(8) (a) The Minister may, from time to time, make an order prescribing a rate for the purposes of subsection (3).

(b) Every order made by the Minister under paragraph (a) shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(9) The Commissioners may make regulations as they deem necessary in relation to the operation of this section.