Duty on Transfers (Exemption No. 2) Order, 2017

L.N. 371 of 2017

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Duty on Transfers (Exemption No. 2) Order, 2017

IN EXERCISE of the powers conferred 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 Duty on Transfers (Exemption Title.

No. 2) Order, 2017.

Subject to the other provisions of this Order, in the case of a Duty

transfer of immovable property to which this Order applies, the duty chargeable.

otherwise chargeable in terms of the Duty on Documents and Transfers

Act shall be chargeable at the rate of two euro and fifty cents (€2.50)

on every one hundred euro (€100) or part thereof of the amount or

value of the consideration for the transfer of the property or of the

value of the property, whichever is the greater.

This Order applies to a transfer inter vivos of immovable Applicability.

property when -

(a) the transfer is made on or after the 10th October, 2017

but before the 1st January, 2019 to a person who does not require

a permit by the Minister for the purposes of the Immovable Cap. 246.

Property (Acquisition by Non-Residents) Act;

(b) the property is situated within an urban conservation

area or is scheduled by the Planning Authority, hereinafter

referred to as ‘PA’, in terms of article 57 of the Development Cap. 552.

Planning Act or any Act which may be substituted therefor;

(c) together with the notice referred to in article 51 of the Cap. 364.

Duty on Documents and Transfers Act, there shall be submitted

to the Commissioner for Revenue a certificate issued by the PA

certifying that the property falls within a development area

known as an Urban Conservation Area (UCA), or is a scheduled

property in accordance with article 57 of the Development Cap. 552.

Planning Act or any Act which may be substituted therefor;

(d) the notice referred to in article 51 of the Duty on Cap. 364.

Documents and Transfers Act, shall be submitted to the

Commissioner for Revenue on or before 28th February 2019;

(e) no relief was claimed under this Order in respect of

any previous transfer of the said property;

(f) no relief is claimed under article 32C of the Duty on

Documents and Transfers Act.

The person who acquires the property must submit to the

Commissioner for Revenue any information, forms and documentation

that the Commissioner for Revenue may require by means of a notice

in writing within the period, not being less than thirty (30) days,

specified in the notice.

The relief granted under this Order shall be forfeited and

the provisions of article 6 shall apply in the case of a breach of the

condition referred to in article 4 or if at any time during the period of

ownership PA notifies the Commissioner for Revenue that illegal

development has taken place on any part of the property and, or the

property is not regenerated according to the characteristics of the area

or restoration of the said property.

When the relief from duty under this Order is forfeited as

provided in article 5, the provisions of article 2 shall not apply and the

duty chargeable on the transfer referred to in that article shall be the

duty that would have been chargeable in accordance with the

provisions of the Duty on Documents and Transfers Act had the relief

under this Order not been claimed and availed of, provided that the

duty so chargeable shall not be less than the duty calculated in

accordance with article 2.

In the event that duty on a transfer becomes chargeable in

accordance with article 6, the excess, if any, of the amount of the duty

so chargeable over the amount of duty that was paid on the deed of that

transfer shall become payable to the Commissioner for Revenue by the

person to whom the transfer was made

(a) if the person who acquires the property fails, without

reasonable excuse, to submit to the Commissioner for Revenue

any information, forms or documentation requested in a notice in

writing as referred to in article 4 within the period, not being less

than thirty (30) days, specified in that notice, immediately upon

the expiration of that period;

(b) if PA notifies the Commissioner for Revenue that

illegal development has taken place on any part of the property

and, or the property is not regenerated according to the

characteristics of the area or restoration of the said property, on

the date PA issues such notification.

€0.18