Table of Contents
Stamp Duties Consolidation Act, 1999 (No. 31)Introductory TextActs Referred toPart I Interpretation (s. 1)1. Interpretation.Part 2 Charging and Stamping of Instruments (ss. 2-17A)2. Charging of, liability for, and recovery of stamp duty.3. Variation of certain rates of duty by order.4. How duties are to be paid.5. Agreement as to payment of stamp duty on instruments.6. How instruments are to be written and stamped.7. Instruments to be separately charged with duty in certain cases.8. Facts and circumstances affecting duty to be set forth in instruments, etc.8A. Penalties: returns.8B. Penalties: failure to deliver returns.8C. Expression of doubt.9. Mode of calculating ad valorem duty in certain cases.10. Adhesive stamps.11. Denoting stamps.12. Particulars delivered stamps.13. Duplicates and counterparts.14. Penalty on stamping instruments after execution.14A. Late filing of return.15. Surcharges for undervaluation in case of voluntary dispositions inter vivos.16. Surcharges to apply when apportionment is not just and reasonable.17. Furnishing of an incorrect certificate.17A. E-stamping regulations.Part 3 Valuation (ss. 18-19)18. Mode of valuing property.19. Valuation of property chargeable with stamp duty.Part 4 Adjudication and Appeals (ss. 20-21)20. Assessment of duty by Commissioners.21. Right of appeal of persons dissatisfied with assessment or decision.Part 5 Provisions Applicable to Particular Instruments (ss. 22-67)Chapter 1 Bills of Exchange and Promissory Notes (ss. 22-28)22. Bills and notes purporting to be drawn outside the State.23. Restriction on stamping after execution.24. One bill only of a set need be stamped.25. Denotion of duty by adhesive stamps.26. Certain bills issued by local authorities to be chargeable as promissory notes.27. Stamping of certain foreign bills of exchange.28. Notes promising the payment of sum of money out of a particular fund, etc.Chapter 2 Conveyances on Sale (ss. 29-48)29. Conveyance on sale combined with building agreement for dwellinghouse or apartment.30. Voluntary dispositions inter vivos chargeable as conveyances or transfers on sale.31. Certain contracts to be chargeable as conveyances on sale.31A. Resting in contract.31B. Licence agreements.31C. Shares deriving value from immovable property situated in State.31D. Cancellation schemes of arrangement.31E. Stamp duty on certain acquisitions of residential property.32. As to sale of an annuity or right not before in existence.33. Conveyance or transfer in contemplation of sale.34. Agreements in connection with, or in contemplation of, sale.35. Deeds of enlargement.36. Certain contracts for sale of leasehold interests to be chargeable as conveyances on sale.37. Exchanges.38. Partitions or divisions.39. Decree or order for foreclosure, etc., and stamp duty.40. Calculation of ad valorem duty on stock and securities.41. How conveyance in consideration of debt, etc., to be charged.42. Charging of consideration consisting of periodical payments.43. Further consideration in respect of substantial improvements not chargeable.44. Procedure to apply where consideration, etc., cannot be ascertained.45. Directions as to apportionment of consideration.45A. Aggregation of transactions.46. Directions as to sub-sales.47. Principal instrument, how to be ascertained.48. Stamp duty and value-added tax.Chapter 3 Conveyances on any occasion except sale or mortgage (s. 49)49. Certain transfers, etc., not sales or mortgages, deemed to be conveyances.Chapter 4 Leases (ss. 50-56)50. Agreements for not more than 35 years charged as leases.50A. Agreements for more than 35 years charged as leases.51. Leases how to be charged in respect of produce, etc.52. Charging of duty on leases, etc.53. Lease combined with building agreement for dwellinghouse or apartment.54. Leases deemed to operate as voluntary dispositions inter vivos.55. Procedure to apply where consideration, etc., cannot be ascertained.56. Stamp duty and value-added tax.Chapter 5 Mortgages, etc. (ss. 57-58)57. Charging of duty on mortgages, etc.58. Security for future advances, how to be charged.Chapter 6 Policies of Insurance (ss. 59-62)59. Penalty for policy of insurance not duly stamped.60. Short-term life insurance policies.61. Location of insurance risk for stamp duty purposes.62. Limitation of stamp duty on certain instruments relating to 2 or more distinct matters.Chapter 7 Releases or Renunciations of any property, or of any right or interest in any property (s. 63)63. Letters of renunciation.Chapter 8 Share Warrants and Stock Certificates to Bearer, etc. (ss. 64-66)64. Instruments passing by delivery in pursuance of usage.65. Penalty for issuing share warrant not duly stamped.66. Penalty for issuing stock certificate not duly stamped, etc.Chapter 9 Surrenders of any property, or of any right or interest in any property (s. 67)67. Surrender and merger of leasehold interests.Part 6 Special Provisions Relating to Uncertificated Securities (ss. 68-78J)Chapter 1 (ss. 68-78)68. Interpretation (Part 6).69. Operator-instruction deemed to be an instrument of conveyance or transfer.70. Rate of duty.71. Application and adaptation of other Parts of this Act.72. Collection and payment of duty.73. Exemptions.74. Exemption for market makers.75. Relief for intermediaries.75A. Relief for clearing houses.76. Obligations of system-members.77. Overpayment of duty.78. Regulations.Chapter 2 Special provisions relating to dematerialised securities (ss. 78A-78J)78A. Interpretation (Chapter 2)78B. Transfer of interest in securities through relevant system78C. Relief for intermediaries and clearing houses78D. Duty charged78E. Payment of duty78F. Assessments and appeals78G. Overpayment and repayment of duty78H. Obligations and penalties78I. American depositary receipts78J. Migration of securitiesPart 7 Exemptions and Reliefs from Stamp Duty (ss. 79-113)Chapter 1 Instruments which must be presented to the Commissioners for adjudication in order to obtain exemption or relief (ss. 79-83F)79. Conveyances and transfers of property between certain bodies corporate.80. Reconstructions or amalgamations of companies.80A. Demutualisation of assurance companies.81. Young trained farmers.81A. Further relief from stamp duty in respect of transfers to young trained farmers.81AA. Transfers to young trained farmers.81B. Farm consolidation relief.81C. Further farm consolidation relief.81D. Relief for certain leases of farmland.82. Charities.82A. Approved bodies.82B. Approved sports bodies.82C. Pension schemes and charities.83. Instruments given by means of security to company by subsidiary.83A. Transfer of site to child.83B. Certain family farm transfers.83C. Exchange of houses.83D. Repayment of stamp duty where land used for residential development.83DA. Repayment of stamp duty under affordable dwelling purchase arrangements83DB. Repayment of stamp duty in respect of certain residential units83E. Repayment of stamp duty where certain residential units leased.83F. Repayment of stamp duty on cost rental dwellings.Chapter 2 Other instruments (ss. 84-113)84. Repayment of stamp duty on certain transfers of shares.85. Certain loan capital and securities.85A. Certain investment certificates.86. Certain loan stock.86A. Enterprise Securities Market.87. Stock borrowing.87A. Stock repo.87B. Merger of companies.88. Certain stocks and marketable securities.88A. Reorganisation of undertakings for collective investment.88B. Funds: reorganisation.88C. Reconstructions or amalgamations of certain common contractual funds.88D. Reconstructions or amalgamations of certain investment undertakings.88E. Transfer of assets within unit trusts.88F. Reconstruction or amalgamation of offshore funds.88G. Amalgamation of unit trusts.89. Foreign Government securities.90. Certain financial services instruments.90A. Greenhouse gas emissions allowance.91. New dwellinghouses and apartments with floor area certificate.91A. New dwellinghouses and apartments with floor area compliance certificate.92. New dwellinghouses and apartments with no floor area certificate.92A. Residential property owner occupier relief.92B. Residential property first time purchaser relief.92C. Residential property investor relief.93. Houses acquired from industrial and provident societies.93A. Approved voluntary body.94. Purchase of land from Land Commission.95. Commercial woodlands.96. Transfers between spouses.97. Certain transfers following the dissolution of a marriage.97A. Certain transfers by cohabitants.98. Foreign immovable property.99. Dublin Docklands Development Authority.99A. Courts Service.99B. Sport Ireland.99C. Harbours Act 2015.100. Temple Bar Cultural Trust Designated Activity Company.101. Intellectual property.101A. Single farm payment entitlement.102. The Alfred Beit Foundation.103. Shared ownership leases.104. Licences and leases granted under Petroleum and Other Minerals Development Act, 1960, etc.105. Securitisation agreements.106. Housing Finance Agency.106A. National Building Agency Limited.106B. Housing authorities and Affordable Homes Partnership.106C. Grangegorman Development Agency.106D. National Concert Hall.107. Certain mortgages of stock.108. National Treasury Management Agency, etc.108A. National Development Finance Agency, etc.108AA.108B. National Asset Management Agency.108C. Ireland Strategic Investment Fund.108D. Future Ireland Fund and Infrastructure, Climate and Nature Fund.109. Certain instruments made in anticipation of a formal insurance policy.110. Certain health insurance contracts.110A. Certain policies of insurance.111. Oireachtas funds.112. Certificates of indebtedness, etc.113. Miscellaneous instruments.Part 8 Companies Capital Duty (ss. 114-122)114. Interpretation (Part 8).115. Restriction of application (Part 8).116. Charge of stamp duty.117. Statement to be charged with stamp duty.118. Amount on which stamp duty chargeable.119. Reconstructions or amalgamations of capital companies.120. Exemption for certain companies.120A. Relief in respect of certain payments of stamp duty.121. Appeals in certain cases.122. Recovery of stamp duty and furnishing of information.Part 9 Levies (ss. 123-126C)123. Cash cards.123A. Debit cards.123B. Cash, combined and debit cards.123C. Preliminary duty: cash, combined and debit cards.123D. Bills of Exchange.124. Credit cards and charge cards.124A. Preliminary duty: credit and charge cards.124B. Certain premiums of life assurance.125. Certain premiums of insurance.125A. Levy on authorised insurers.125B. Levy on pension schemes.125C. Policies of insurance other than life insurance.126. Certain statements of interest.126A. Levy on certain financial institutions.126AA. Further levy on certain financial institutions.126AB. Further levy on certain financial institutions126B. Assessment of duty charged on statements.126C. Surcharge for late filing of returnPart 10 Enforcement (ss. 127-134A)127. Terms on which instruments not duly stamped may be received in evidence.128. Rolls, books, etc., to be open to inspection.128A. Obligation to retain records.128B. Power of inspection.129. Penalty for enrolling, etc., instrument not duly stamped, etc.130. Assignment of policy of life insurance to be stamped before payment of money assured.131. Conditions and agreements as to stamp duty void.132. Application of section 962 of Taxes Consolidation Act, 1997.133. Application of certain provisions relating to penalties under Taxes Consolidation Act, 1997.134. Evidence in proceedings for recovery of stamp duty, etc.134A. Penalties.Part 11 Management Provisions (ss. 135-159D)Chapter 1 Interpretation, Application and Care and Management (ss. 135-137C)135. Interpretation (Part 11).136. Application (Part 11).137. Stamp duties under care and management of the Commissioners.137A. Information exchange with Property Registration Authority.137B. Information exchange with Property Services Regulatory Authority.137C. Provision of information to Commissioner of Valuation.Chapter 2 Mode of recovering money received for duty (s. 138)138. Moneys received for duty and not appropriated to be recoverable in High Court.Chapter 3 Offences (ss. 139-145)139. Certain offences in relation to dies and stamps provided by the Commissioners to be offences.140. Proceedings for detection of forged dies, etc.141. Proceedings for detection of stamps stolen or obtained fraudulently.142. Licensed person in possession of forged stamps to be presumed guilty until contrary is shown.143. Mode of proceeding when stamps are seized.144. Defacement of adhesive stamps.145. Penalty for frauds in relation to duties.Chapter 4 Sale of stamps (ss. 146-150)146. Power to grant licences to deal in stamps.147. Penalty for unauthorised dealing in stamps, etc.148. Provisions as to determination of a licence.149. Penalty for hawking stamps.150. Discount.Chapter 5 Allowance for spoiled or misused stamps (ss. 151-155)151. Allowance for spoiled stamps.152. Repayment of overpaid stamp duty.153. Allowance, how to be made.154. Stamps not wanted may be repurchased by the Commissioners.155. Allowance for lost instruments.Chapter 6 Miscellaneous (ss. 156-159)156. Discontinuance of dies.157. Declarations, affidavits and oaths, how to be made.158. Mode of granting licences.158A. Delegation.159. Recovery of penalties, etc.Chapter 7 Time limit for repayment of stamp duty, interest on repayment and time limits for enquiries and assessments (ss. 159A-159C)159A. General provisions on claims for repayment of stamp duty.159B. Interest on repayment of stamp duty.159C. Time limits for making enquiries etc. and assessments by the Commissioners.Chapter 8 Calculation of interest on unpaid duty and other amounts (s. 159D)159D. Calculation of interest on unpaid duty and other amounts.Part 12 Repeals, etc. (ss. 160-164)160. Repeals.161. Saving for enactments not repealed.162. Consequential amendments to other enactments.163. Continuity and construction of certain references to old and new law.164. Short title.Schedule 1 Stamp Duties on InstrumentsSchedule 2 Qualifications for Applying for Relief from Stamp Duty in Respect of Transfers to Young Trained FarmersSchedule 2A Qualifications for Applying for Relief From Stamp Duty in Respect of Transfers to Young Trained FarmersSchedule 2B Qualifications for Applying for Relief from Stamp Duty in Respect of Transfers to Young Trained FarmersSchedule 3 Enactments Repealed or RevokedSchedule 3, Part 1 Acts RepealedSchedule 3, Part 2 Statutory Instrument RevokedSchedule 4 Consequential Amendments
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152. Repayment of overpaid stamp duty.
(1) In this section -
‘relevant statement’ means -
(a) an account delivered to the Commissioners under section 5, or
(b) a statement delivered to the Commissioners under Part 9;
‘return’ means an electronic return or a paper return made to the Commissioners in relation to an instrument.
(2) Where a person has made a payment of stamp duty, including any interest charged, surcharge imposed or penalty incurred, under any provision of this Act, in relation to -
(a) an instrument, or
(b) a relevant statement, which -
(i) was not due, or
(ii) but for an error or mistake made by the person in the return to which the instrument relates or, as the case may be, in the relevant statement, would not have been due,