eBrief No. 5/09 provides details on the remission of the fixed penalty of €25 and the surcharge penalty (but not interest) payable on late stamping of instruments which was introduced in Finance (No. 2) Act 2008.

The following conditions apply in relation to the remission:

The instrument must be executed before 24 December 2008 (the date of the enactment of the Finance (No. 2) Act 2008), and in respect of such instruments:–

• delivered to the Revenue Commissioners by 17 February 2009 (i.e. before the expiration of 56 days commencing on 24 December 2008) and
• the duty chargeable, together with interest on that duty, is also paid by that date.

Revenue have clarified that in administering the above provisions, where the unpaid duty was chargeable on an instrument executed before 17 February 1999 it will be deemed, for interest calculation purposes, to be chargeable from that date.

eBrief No. 5/09 is reproduced at Section 2.08.