Revenue Note for Guidance

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Revenue Note for Guidance

Section 12 Particulars delivered stamps

Summary

Certain instruments must be stamped with a “Particulars Delivered” stamp. The Revenue Commissioners will impress this stamp on production of a completed “Particulars Delivered” form (i.e. the ST 21).

Details

(1) The definitions of “fee simple”, “interest”, “land” and “lease” contained in section 41 of the Finance (1909-10) Act, 1910, apply to this section. The definition of those terms, as set out in the 1910 Act, are as follows:

  • “fee simple” means the fee simple in possession not subject to any lease, but does not include an undivided share in a fee simple in possession;
  • “interest” in relation to land includes any undivided share in a fee simple in possession and includes a reversion expectant on the determination of a lease, but does not include any other interest in expectancy or an incumbrance4 or any fixed charge5 or any purely incorporeal hereditament or any leasehold interest under a lease for a term of years not exceeding fourteen years or any tenancy which is, or is deemed to be, subject to statutory conditions under the Land Law (Ireland) Acts;
  • “land” does not include any incorporeal hereditament issuing or granted out of the land;
  • “lease” includes an under-lease and an agreement for a lease or under-lease, but does not include a term of years created solely for the purpose of securing money until the term becomes vested in some person free from any equity of redemption; The term of a lease shall, where the lease contains an obligation to renew the lease, be deemed to include the period for which the lease may be renewed, and, in the case of a lease for life or lives, shall be deemed to be a number of years equal to the mean expectation of life of the person for whose life the lease is granted, or, in the case of a lease granted for lives, of the youngest of the persons for whose lives the lease is granted, and a lease renewed in pursuance of such an obligation shall not on its renewal be deemed to be determined.

(1) References to “transferee” and “lessee” include the personal representatives of such transferee or lessee.

Regulations

(2) The Revenue Commissioners may make regulations regarding—

  • the class or category of transfer or lease (whether the transfer or lease is on sale or by way of voluntary disposition inter vivos) for which they require particulars provided that in the case of a lease the term must exceed 14 years, and
  • the particulars to be delivered in the case of each class or category of transfer or lease. Such particulars may include:
    • the form in which the particulars are to be delivered;
    • the time limits within which the particulars are to be delivered;
    • the manner in which the land is to be described or classified;
    • the furnishing of tax reference numbers of the parties to the instrument.

The Regulations which currently apply were made in 1995 i.e. Stamp Duty (Particulars to be Delivered) Regulations, 1995 (but see section 160(4) and Schedule 4). The 1995 Regulations have been amended by the Stamp Duty (Particulars to be Delivered)(Amendment) Regulations 2003 (S.I. No 542 of 2003).

Onus on transferee/lessee

(2) It is the duty of the transferee or lessee to present the particulars.

Instruments not duly stamped

(3) A transfer or lease (not being a duplicate or counterpart or a transfer or lease) which is governed by regulations made pursuant to subsection (2) may not be given in evidence (section 127) in most court proceedings even if it has been adjudicated (section 20), unless it is stamped with a stamp denoting that all the particulars requested by the Revenue Commissioners have been delivered. The stamp currently in use bears the letters “PD”.

Penalties

(4) A transferee or lessee who fails to present the relevant particulars is guilty of an offence and section 1078 of the Taxes Consolidation Act 1997 applies to that offence.

E-stamping system

(5) Particulars delivered within the meaning of subsection (2) will not be required in the case of an instrument stamped by means of the e-stamping system following a return being filed.

4 “incumbrance” includes a mortgage in fee or for a less estate, and a trust for securing money, and a lien, and a charge of a portion, annuity, or any capital or annual sum, but does not include a fixed charge as defined by the [Finance (1909-10) Act, 1910] - see footnote 5.

5 “fixed charge” means any rentcharge as defined by the [Finance (1909-10) Act, 1910], and any burden or charge (other than rates or taxes) arising by operation of law or imposed by any Act [ ], or imposed in pursuance of the exercise of any powers or the performance of any duties under any such Act, otherwise than by a person interested in the land or in consideration of any advance to any person interested in the land. “rentcharge” means tithe or tithe rentcharge, or other periodical payment or rendering in lieu of or in the nature of tithe, or any fee farm rent, rent seck, quit rent, chief rent, rent of assize, or any other perpetual rent or annuity granted out of land.

Relevant Date: Finance Act 2014