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S.I. No. 317/1980 - Imposition of Duties (No. 249) (Exemption of Certain Instruments From Stamp Duty) Order, 1980

Type Statutory Instrument

Publication 1980-10-14

State In force

Text As published

Source Irish Statute Book

articles 3

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

S.I. No. 317 of 1980.

IMPOSITION OF DUTIES (No. 249) (EXEMPTION OF CERTAIN INSTRUMENTS FROM STAMP DUTY) ORDER, 1980.

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. 249) (Exemption of Certain Instruments from Stamp Duty) Order, 1980.

2.

Section 49 of the Finance Act, 1969 (No. 21 of 1969), is hereby amended by the insertion after subsection (2) (inserted by the Finance Act, 1976 ) (No. 16 of 1976) of the following subsection:

"(2A) Notwithstanding subsection (2) of this section, subsection (1) of this section shall have effect in relation to an instrument if, but (apart from the said subsection (2)) only if, it is shown to the satisfaction of the Revenue Commissioners —

( a ) that there is in force in respect of the house to which the instrument relates a certificate of reasonable value under section 18 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), and

( b ) that the Minister for the Environment has certified that he is satisfied, on the basis of the information available to him at the time of so certifying, that the total floor area of the said house measured in the manner referred to in section 4 (2) (b) of that Act does not or will not exceed the maximum total floor area standing specified in regulations under the said section 4 (2) (b) and is not or will not be less than the minimum total floor area standing so specified.".

3.

This Order shall be construed together as one with the Stamp Act, 1891, and the enactments amending or extending that Act.

GIVEN under the Official Seal of the Government, this 14th day

of October, 1980.

CATHAL Ó hEOCHADH

TAOISEACH.

EXPLANATORY NOTE.

Conveyances and transfers giving effect to the purchase of certain houses upon the erection thereof are exempt from stamp duties where certain conditions are fulfilled. This Order applies the exemption to such conveyances and transfers where —

(i) a Certificate of Reasonable Value is in force in respect of a house under the Housing (Miscellaneous Provisions) Act, 1979 , and

(ii) the total floor area is within the limits prescribed under that Act for payment of a grant.

The Order comes into operation on the 14th day of October, 1980.

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