Stamp Duty Consolidation Act, 1999 (Number 31 of 1999)
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159C Time limits for making enquiries etc. and assessments by the Commissioners.
(1) In this section—
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“neglect” means negligence or a failure to—
(a) deliver to the Commissioners an instrument chargeable with stamp duty or a statement of liability required under any provision of this Act, or
(b) enter a correct instruction in a relevant system within the meaning of section 68;
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“neglect”, in connection with or in relation to a relevant instrument, means—
(a) subject to paragraph (b), in the case of an instrument or a specified statement, a failure to disclose in the instrument, or as the case may be, in the specified statement, all the facts and circumstances affecting the liability to duty of such instrument or specified statement,
(b) in the case of an instrument to which section 8(2) applies, as between both the instrument and the statement referred to in that section, a failure to disclose all the facts and circumstances affecting the liability to duty of such instrument, or
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(c) in the case of an instruction of the type referred to in section 76, a failure to enter a correct instruction in a relevant system within the meaning of section 68;
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(c) in the case of a transfer order referred to in section 78B, a failure to enter a correct transfer order in a securities settlement system within the meaning of section 78A;
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“relevant instrument” means—
(a) an instrument stamped by the Commissioners or a [3]>statement delivered to the Commissioners under any provision of this Act<[3][3]>specified statement delivered to the Commissioners<[3], or
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(b) an instruction of the type referred to in section 76;
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(b) a transfer order referred to in section 78B;
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“relevant period”, in relation to a relevant instrument, means the period of 4 years commencing on the date the instrument was stamped by the Commissioners, or the date the statement was delivered to the Commissioners, or the date the instruction [4]>was made.<[4][4]>was made;<[4]
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“relevant period”, in relation to a relevant instrument, means the period of 4 years commencing on—
(a) (i) subject to paragraph (b), the date the instrument was stamped by the Commissioners,
(ii) the date the statement was delivered to the Commissioners, or
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(iii) the date the instruction was made,
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(iii) the date the transfer order was entered,
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or
(b) the latest date on which all of the conditions were required to be satisfied for a relief or exemption;
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“specified statement” means—
(a) an account delivered to the Commissioners under section 5,
(b) a statement that is required to be delivered to the registrar under section 117(1)(b), or
(c) a statement that is required to be delivered to the Commissioners under Part 9.
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(2) The making of enquiries or the taking of other action by the Commissioners for the purpose of satisfying themselves as to the correctness or otherwise of the charge arising, either directly or indirectly, to stamp duty in respect of a relevant instrument may not be initiated after the expiry of the relevant period.
(3) Notwithstanding any other provision in any other section of this Act, an assessment made in connection with or in relation to any relevant instrument may not be made after the expiry of the relevant period.
(4) The time limit referred to in subsections (2) and (3) shall not apply where the Commissioners have reasonable grounds for believing that any form of fraud or neglect has been committed by or on behalf of any person in connection with or in relation to any relevant instrument which is the subject of any enquiries, action or assessment.
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