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S.I. No. 27/1975 -- Imposition of Duties (No. 217) (Stamp Duty on Certain Instruments) Order, 1975.

S.I. No. 27/1975 -- Imposition of Duties (No. 217) (Stamp Duty on Certain Instruments) Order, 1975. 1975 27

S.I. No. 27/1975:

IMPOSITION OF DUTIES (NO. 217) (STAMP DUTY ON CERTAIN INSTRUMENTS) ORDER, 1975.

The Government, in exercise of the powers conferred on them by section 1 of the Imposition of Duties Act, 1957 (No. 7 of 1957), and section 22 of the Finance Act, 1962 (No. 15 of 1962), hereby order as follows:

1. This Order may be cited as the Imposition of Duties (No. 217) (Stamp Duty on Certain Instruments) Order, 1975.

2. This Order shall come into operation on the 1st day of March, 1975, and shall not have effect in relation to any instrument executed before that date.

3. ( a ) The Heading set out in Part I of the Schedule to this Order is hereby substituted for the Heading "CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities" in the First Schedule (as amended by the Finance Act, 1970 (No. 14 of 1970), and by subsequent enactments) to the Stamp Act, 1891.

( b ) Subject to the provisions of the Heading in the said First Schedule (inserted by paragraph (a) of this Article), that Heading shall be deemed to include any conveyance or transfer of any property other than stocks or marketable securities operating as a voluntary disposition inter vivos and any reference in that Heading to the amount or value of any consideration shall be construed in relation to duty chargeable on such conveyance or transfer as a reference to the value of the property.

4. The paragraph set out in Part II of the Schedule to this Order is hereby substituted for paragraph (3) of the Heading "LEASE" in the said First Schedule (as so amended).

SCHEDULE.

Article 3.

PART I.

CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities.

(1) Where the amount or value of the consideration for the sale does not exceed one thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds one thousand pounds	Exempt
(2) Where the amount or value of the consideration for the sale exceeds one thousand pounds but does not exceed two thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds two thousand pounds:--
For every £50, or fractional part of £50, of the consideration	25p
(3) Where the amount or value of the consideration for the sale exceeds two thousand pounds but does not exceed six thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds six thousand pounds:--
For every £50, or fractional part of £50, of the consideration	50p
(4) Where in the case of a conveyance or transfer on sale or in the case of a conveyance or transfer operating as a voluntary disposition inter vivos the consideration for the sale or the value of the property exceeds six thousand pounds and the instrument contains a certificate by the party to whom the property is being conveyed or transferred to the effect that the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is related to the person or each of the persons immediately theretofore entitled to the entire beneficial interest in the property in one or other of the following ways, that is to say, as a lineal descendant, parent, grandparent, step-parent, husband or wife, brother or sister of a parent or brother or sister, or lineal descendant of a parent, husband or wife or brother or sister:--
For every £50, or fractional part of £50, of the consideration or of the value	50p
(5) Where the amount or value of the consideration for the sale exceeds six thousand pounds but does not exceed seven thousand five hundred pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds seven thousand five hundred pounds:--

If the amount or value of the consideration--

Exceeds	£6,000	and does not exceed	£6,250	£70
"	£6,250	" " " "	£6,500	£80
"	£6,500	" " " "	£6,750	£90
"	£6,750	" " " "	£7,000	£100
"	£7,000	" " " "	£7,250	£110
"	£7,250	" " " "	£7,500	£120

(6) Where the amount or value of the consideration for the sale exceeds seven thousand five hundred pounds but does not exceed ten thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds ten thousand pounds:--
For every £50, or fractional part of £50, of the consideration	£100
(7) Where the amount or value of the consideration for the sale exceeds ten thousand pounds but does not exceed twenty thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds twenty thousand pounds:--
For every £50, or fractional part of £50, of the consideration	£150
(8) Where the amount or value of the consideration for the sale exceeds twenty thousand pounds but does not exceed fifty thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds fifty thousand pounds:--
For every £50, or fractional part of £50, of the consideration	£200
(9) Of any other kind whatsoever not hereinbefore described:--
For every £50, or fractional part of £50, of the amount or value of the consideration for the sale, or, in the case of a conveyance or transfer operating as a voluntary disposition inter vivos, of the value of the property conveyed or transferred	£300

PART II.

Article 4.

(3) For any other definite term or for any indefinite term of any lands, tenements, or heritable subjects--

Where the consideration, or any part of the consideration ( other than rent), moving either to the lessor or to any other person, consists of any money, stock, or security, and--
( a ) The amount or value of such consideration does not exceed one thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds one thousand pounds	Exempt
( b ) The amount or value of such consideration exceeds one thousand pounds but does not exceed two thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds two thousand pounds:--
For every £50, or fractional part of £50, of the amount or value	25p
( c ) The amount or value of such consideration exceeds two thousand pounds but does not exceed six thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds six thousand pounds:--
For every £50, or fractional part of £50, of the amount or value	50p
( d ) The amount or value of such consideration exceeds six thousand pounds but does not exceed seven thousand five hundred pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds seven thousand five hundred pounds:--

If the amount or value of the consideration--

Exceeds £6,000 and does not exceed £6,250	£70
" £6,250 " " " " £6,500	£80
" £6,500 " " " " £6,750	£90
" £6,750 " " " " £7,000	£100
" £7,000 " " " " £7,250	£110
" £7,250 " " " " £7,500	£120

( e ) The amount or value of such consideration exceeds seven thousand five hundred pounds but does not exceed ten thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds ten thousand pounds:--
For every £50, or fractional part of £50, of the amount or value	£100
( f ) The amount or value of such consideration exceeds ten thousand pounds but does not exceed twenty thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of consideration other than rent exceeds twenty thousand pounds:--
For every £50, or fractional part of £50, of the amount or value	£150
( g ) The amount or value of such consideration exceeds twenty thousand pounds but does not exceed fifty thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds fifty thousand pounds:--
For every £50, or fractional part of £50, of the amount or value	£200
( h ) The case is of any other kind whatsoever not hereinbefore described:--
For every £50, or fractional part of £50, of the amount or value	£300

Where the consideration or any part of the consideration is any rent:

In respect of such consideration:

If the rent, whether reserved as a yearly rent or otherwise, is at a rate or average rate:

	If the term does not exceed 35 years, or is indefinite	If the term exceeds 35 years, but does not exceed 100 years	If the term exceeds 100 years
Not exceeding £5 per annum	5 p	30 p	60 p
Exceeding--
£5 and not exceeding £10	10 p	60 p	£120
£10 " " " £15	15 p	90 p	£180
£15 " " " £20	20 p	£120	£240
£20 " " " £25	25 p	£150	£300
£25 " " " £50	50 p	£300	£600
£50 " " " £75	75 p	£450	£900
£75 " " " £100	£100	£600	£1200
£100
For every full sum of £50 and also for any fractional part of £50 thereof	50p	£300	£600

GIVEN under the Official Seal of the Government, this 6th day of February, 1975.

LIAM MAC COSGAIR,

Taoiseach.

EXPLANATORY NOTE.

This Order increases the rate of stamp duty chargeable on transfers of houses and lands from 3% to 4% in the case of transactions exceeding £20,000 in value and up to £50,000 in value and from 5% to 6% on transactions of over £50,000 in value. It also provides for a corresponding increase in the rate of stamp duty on leases.

The Order comes into effect on 1st March, 1975.