Amendment and Extension of Exemptions

L.N. 281 of 2019

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Amendment and Extension of Exemptions

(Duty on Documents and Transfers Act) Order, 2019

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 Amendment and Extension of Citation.

Exemptions (Duty on Documents and Transfers Act) Order, 2019.

The scope of this order is to amend subsidiary legislation Scope.

enacted in terms of the Duty on Documents and Transfers Act, Cap. 364.

hereinafter referred to as "the principal Act".

The provisions of this order shall not prejudice the validity

of anything lawfully done, or any right, obligation or liability acquired,

accrued or incurred, under any of the enactments mentioned in this

order before the coming into force of this order.

Part I

This Part amends the Exemption of Duty in terms of article Amendments to

23 Order and this Part shall be read and construed as one with the the

of Duty in

Exemption of Duty in terms of article 23 Order, hereinafter in this Part terms

23 Order.

referred to as "the principal order".

Article 3 of the principal order shall be amended as Amends article

3 of the

follows

principal order.

(a) in the first proviso thereof, the words "1st July 2013."

shall be substituted by the words "1st July 2013:" and

immediately thereafter there shall be added the following new

proviso

"Provided that in respect of transfers of property

made on or after the 15th October 2019 but before the 1st

January 2021, which qualify for relief of duty under article

32(4)(a) of the Duty on Documents and Transfers Act, no

duty shall be chargeable on the first one hundred and

seventy-five thousand euro (€175,000) of the aggregate

value of the consideration paid for the acquisition of such

property by a person, provided that this is the first

immovable property acquired inter vivos by such person

and provided that the notary who receives any deed of

such a transfer shall record in the deed a written

declaration by the person so acquiring that this is the first

immovable property acquired inter vivos by him and the

notary shall warn the said person of the importance of the

truthfulness of such declaration:"

(b) the proviso which immediately follows shall be

substituted by the following

"Provided also that together with the form or other

means provided by the Commissioner for the purposes of

article 51 of the Duty on Documents and Transfers Act,

there shall be submitted to the Commissioner for Revenue

legal evidence that no other immovable property had been

acquired inter vivos before, and that the said form has

been submitted to the Commissioner for Revenue on or

before the 28th February 2021:".

Paragraph (b) of sub-article (1) of article 4 of the principal

order shall be substituted by the following

"(b) the final deed in relation to such transfer is made by

the 31st December 2020 and the notice of the final deed in

relation to such transfer is given to the Commissioner for

Revenue by the 28th February 2021;".

Part II

This Part amends the Duty and Donations of Marketable

Securities and Immovable Property Used for Business (Exemption)

Order and this Part shall be read and construed as one with the Duty on

Donations of Marketable Securities and Immovable Property Used for

Business (Exemption) Order, hereinafter in this Part referred to as "the

principal order".

In article 3 of the principal order, the words "1st January Amends article

2020" shall be substituted by the words "1st January 2021".

The proviso to sub-article (1) of article 4 of the principal Amends article

order shall be substituted by the following

Provided that benefits in terms of this order shall

only be granted in respect of a transfer by gratuitous title

where the notice required in terms of the Duty on

" Cap. 364.

Documents and Transfers Act and the Duty on Documents

and Transfers Rules has been submitted to the

Commissioner for Revenue on the form or other means

provided by the Commissioner on or before the 31 st

December 2020.".

Part III

This Part amends the Duty on Transfers (Exemption No. 2) Amendments to

Order and this Part shall be read and construed as one with the Duty on the

Transfers (Exemption No. 2) Order, hereinafter in this Part referred to (Exemption

as "the principal order".

Article 3 of the principal order shall be amended as Amends article

follows

(a) in paragraph (a) thereof, the words "1st January

2020" shall be substituted by the words "1st January 2021"; and

(b) in paragraph (d) thereof, the words "28th February

2020" shall be substituted by the words "28th February 2021".

Part IV

This Part amends the Duty on the Acquisition of the Amendments to

Second Immovable Property to be used as Sole Residence (Exemption) the

Order and this Part shall be read and construed as one with the Duty on the

the Acquisition of the Second Immovable Property to be used as Sole Property to be

Residence (Exemption) Order, hereinafter in this Part referred to as used

"the principal order".

Article 6 of the principal order shall be substituted by the Amends article

following

" Applicability

6. This order shall apply to acquisitions affected

from the 10th October 2017 up to the 31st December

2020, where the notice required in terms of the Duty on

Documents and Transfers Act and the Duty on Documents

and Transfers Rules has been submitted to the

Commissioner for Revenue on the form or other means

provided by the Commissioner on or before the 28 th

February 2021.".

€0.36