CHAPTER 5

Allowance for spoiled or misused stamps

Section 151 Allowance for spoiled stamps

This section enables the Revenue Commissioners to repay duty where a stamp, or stamped material, has been spoiled. The relief only applies in certain specified cases and claims for a refund must be made within 4 years—

• after the stamp is spoiled, or
• after the date the instrument is stamped, in the case of an executed instrument.

See also section 159A in relation to the time limits for claiming a repayment of stamp duty and section 159B in relation to the payment of interest on repayments.

In the case of an executed instrument—

• no action must have commenced in which the instrument could have been given in evidence, and
• the instrument must not have already been used for the purpose of registering title, and
• the instrument must be given up to be cancelled.

In addition to this section sections 18, 29(4)(b) and (7), 31(4), 33(2), 36(2), 53(4)(b) and (7), 77, 80(9), 81(5), 81A(9), 81AA(11), 81C(5), 84, 92B(8)(aa), 117(2)(b)(ii), 148(2), 152, 154 and 159A contain refund provisions.

Relevant Date: Finance Act 2014