Stamp Duty Consolidation Act, 1999 (Number 31 of 1999)
88 Certain stocks and marketable securities.
[FA1992 s206]
(1) (a) In subparagraph (ii) of paragraph (b)—
“collective investment scheme” means a scheme which is an arrangement made for the purpose, or having the effect, solely or mainly, of providing facilities for the participation by the public or other investors, as beneficiaries, in profits or income arising from the acquisition, holding, management or disposal of securities or any other property;
“units” includes shares and any other instruments granting an entitlement to shares in the investments or income of, or receive a distribution from, a collective investment scheme.
(b) [8]>Subject to subsection (2)<[8][8]>Subject to subsection (2) and section 31C (inserted by section 62 of the Finance Act 2017)<[8], stamp duty shall not be chargeable on any conveyance or transfer of—
[1]>
(i) units in a collective investment undertaking within the meaning of section 734 of the Taxes Consolidation Act, 1997,
<[1]
[5]>
[1]>
(i) units in an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997 or units in a common contractual fund within the meaning of section 739I (inserted by the Finance Act 2005) of that Act,
<[1]
<[5]
[5]>
(i) units in an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997,
<[5]
[6]>
(ia) units in a common contractual fund within the meaning of section 739I of the Taxes Consolidation Act 1997,
(ib) units in an investment limited partnership within the meaning of section 739J of the Taxes Consolidation Act 1997,
<[6]
(ii) units in a collective investment scheme which is incorporated or otherwise formed under the law of a territory outside the State,
(iii) units of a unit trust to which subsection [3]>(6)<[3][3]>(5) or (6)<[3] of section 731 of the Taxes Consolidation Act, 1997, relates, or
(iv) stocks or marketable securities of a [4]>company<[4][4]>company or other body corporate<[4] which is not registered in the State.
(2) Paragraph (b) of subsection (1) shall not apply where the conveyance or transfer of units (being units within the meaning of subparagraph (ii) of paragraph (b) of subsection (1)) or stocks or marketable securities (being stocks or marketable securities within the meaning of subparagraph (iv) of paragraph (b) of subsection (1)), as the case may be, relates to—
(a) any immovable property situated in the State or any right over or interest in such property, or
[7]>
(b) any stocks or marketable securities of a company, other than a company which is [2]>a collective investment undertaking within the meaning of section 734 of the Taxes Consolidation Act, 1997<[2][2]>an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997<[2], which is registered in the State.
<[7]
[7]>
(b) any stocks or marketable securities of a company which is registered in the State, other than a company which is—
(i) an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, or
(ii) a qualifying company within the meaning of section 110 of the Taxes Consolidation Act 1997.
<[7]
[1]
Substituted by FA05 s124(1)(a). This section applies as respects conveyances or transfers effected on or after the date of the passing of this Act. FA05 25 March 2005
[2]
Substituted by FA05 s124(1)(b). This section applies as respects conveyances or transfers effected on or after the date of the passing of this Act. FA05 25 March 2005