Section 8C Expression of doubt

Summary

This section allows an accountable person, who is in doubt about the application of stamp duty law to an instrument, to lodge a letter of expression of doubt with the Revenue Commissioners. If the expression of doubt is accepted by the Revenue Commissioners as genuine, interest will not apply to any duty payable on resolution of the matter of doubt.

Details

Letter of expression of doubt

(1) A letter of expression of doubt must be clearly identified as a letter of expression of doubt and must:

• set out full details of the facts and circumstances affecting the stamp duty liability of the instrument,
• make reference to the provisions of the law giving rise to the doubt,
• identify the amount of stamp duty in doubt in respect of the instrument to which the expression of doubt relates,
• be accompanied by any relevant supporting documentation.

(2(a)) An accountable person, who is in doubt about the application of the stamp duty to an instrument, may lodge the letter of expression of doubt with the Revenue Commissioners (at the Stamp Duty Office, Dublin Castle).

(2(b)) Both the letter of expression of doubt and the electronic or paper return relating to the instrument must be lodged before the expiration of 30 days after the first execution of the instrument.

No interest payable

(3) In the case of a genuine expression of doubt being accepted by the Revenue Commissioners, interest will not be payable in respect of any additional liability arising as a result of the Commissioners examination of the matter in doubt, provided an amended return is delivered and the additional duty is paid within 30 days of the date on which the Commissioners notify the accountable person of the correct application of the law.

Expression of doubt not genuine

(4) An expression of doubt will not be accepted as genuine where the Commissioners

• have issued general guidelines about the application of the law in similar circumstances,
• are of the opinion that the matter is otherwise sufficiently free from doubt as not to warrant an expression of doubt, or
• are of the opinion that the accountable person was acting with a view to the evasion or avoidance of duty.

(5) The Commissioners will notify the accountable person if an expression of doubt is not accepted as genuine. On receipt of the notification, an amended return must be delivered together with payment of the additional duty and interest.

(6) Where the accountable person is aggrieved by a decision of the Revenue Commissioners that an expression of doubt is not genuine, the decision may be appealed to the Appeal Commissioners in accordance with section 21(9).

Relevant Date: Finance Act 2014