384 tal-2016

L.N. 384 of 2016

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Exemption of Duty in terms of article 23 (Amendment) Order, 2016

BY VIRTUE of the powers vested in him by article 23 of the

Duty on Documents and Transfers Act, the Minister for Finance has

made the following Order:-

The title of this Order is the Exemption of Duty in terms Citation.

of article 23 (Amendment) Order, 2016, and this Order shall be read

and construed as one with the Exemption of Duty in terms of article S.L.364.12.

23 Order, hereinafter referred to as "the principal Order".

In article 3 of the principal Order, for the words "on or Amends article

after the 5th November 2013 but before the 1st January 2017" there 3 principal

shall be substituted the words "on or after the 5th November 2013 but

before the 1st January 2018".

Immediately after article 3 of the principal Order, there Adds new

shall be added the following new article

(1)

In the case of a transfer inter vivos of

residential property situated in Gozo, the duty

otherwise chargeable in terms of the Duty on

Documents and Transfers Act shall be chargeable at

the rate of two euro (€2.00) for every one hundred euro

(€100.00) or part thereof of the amount or value of the

consideration for the transfer of the property or the

value of the property, whichever is the higher.

Provided that this article shall only apply

where all the following conditions have been satisfied

(a)

The notice of the promise of sale

agreement in relation to such transfer is given to

the Commissioner for Revenue on or after the

18th October 2016 but before the 1st January

2018;

(b)

Notice of the final deed in relation to

such transfer is given to the Commissioner for

Revenue by the 31st December 2018;

(c)

No relief is claimed under article

32C of the Duty on Documents and Transfers

Act;

Provided also that this article shall not apply

to acquisitions of property made for the purpose of

demolition and the construction of more than one unit,

or to acquisitions of property in the course of a trade or

business

Provided also that this article shall not apply

to acquisitions made by a body of persons

Provided also that where a notice of a

promise of sale or transfer relating to a property given

to the Commissioner in accordance with the provisions

of article 3(6) of the Duty on Documents and Transfers

Act or of rules made under that Act before the 18th

October 2016 is either cancelled after the said date or

expired and, either the said property is transferred to

the same person or persons appearing on the said

promise of sale which has been cancelled or expired or,

another property forming part of the same project or

situated within the same building is transferred to the

same person or persons appearing on the said promise

of sale which has been cancelled or has expired, any of

such transfers shall for the purpose of this article be

deemed to be transfers in respect of which a notice of a

promise of sale or transfer has been given to the

Commissioner in accordance with the provisions of

article 3(6) of the Duty on Documents and Transfers

Act or of rules made under that Act before the 18th

October 2016.

(2) For the purposes of this article, ‘residential

property’ includes a garage attached to or underlying

such residence or a garage situated in the same block of

residential apartments of which the residence forms

part or a garage of not more than thirty (30) square

metres situated within five hundred (500) metres of

such residence or block of apartments, and acquired

together with such residence on the same deed.

(3) In the case of a transfer of land, the relief

granted under this article shall only apply if one

residential unit is to be built thereon, and such relief

shall be forfeited in the case of a breach of this

condition.".

€0.18