Extension of Exemptions (Duty on Documents and Transfers Act)

L.N. 427 of 2020

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Extension of Exemptions (Duty on Documents and Transfers Act)

Order, 2020

IN EXERCISE of the powers conferred by article 23 of the Duty

on Documents and Transfers Act, the Minister for Finance and

Financial Services has made the following order:-

The title of this order is the Extension of Exemptions (Duty Citation.

on Documents and Transfers Act) Order, 2020.

Part I

Amendments to the Exemption of Duty in terms of article 23 Order.

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

23 Order and it shall be read and construed as one with the Exemption the

of Duty in terms

of Duty in terms of article 23 Order, hereinafter in this Part referred to of

Order.

as "the principal order".

S.L. 364. 12.

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

3 of the

follows

principal order.

(a) in the second proviso thereof, the words "before the

1st January 2021" shall be substituted by the words "before the

20th October 2020";

(b)

immediately after the second proviso thereof there

shall be added the following new proviso

"Provided further that in respect of transfers

of property made on or after the 20th October 2020 but

before the 1st January 2022, 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 two

hundred thousand euro (€200,000) 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:"; and

(c) in the fifth proviso thereof, the words "before the

28th February 2021:" shall be substituted by the words "before

the 28th February 2022:".

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

order shall be substituted by the following new paragraph

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

the 31 st December 2021 and the notice of the final deed in

relation to such transfer is given to the Commissioner for

Revenue by the 28th February 2022;".

Article 5 of the principal order shall be amended as

(a) the marginal note thereof shall be substituted by the

words "Exemption from duty on certain property transfers."; and

(b) immediately after paragraph (c) of the proviso to sub-

article (1) thereof, there shall be added the following new

provisos

"Provided further that where notice of the

relative promise of sale is given to the Commissioner for

Revenue before the 1st April 2021, the exemption under

this article shall also apply in the case of a transfer inter

vivos of immovable property or any real right over such

property made by not later than the 31st December 2021,

provided that notice of the final deed in relation to such

transfer is given to the Commissioner for Revenue by not

later than the 28th February 2022

Provided further that this article shall not

apply to a person who would have required a permit by

the Minister for the purposes of the Immovable Property

(Acquisition by Non-Residents) Act had the property

acquired not been situated in a special designated area.".

Part II

Amendments to the Duty on Donations of Marketable Securities and

Immovable Property Used for Business (Exemption) Order

This Part amends the Duty on Donations of Marketable Amendments to

Securities and Immovable Property Used for Business (Exemption) the

Order and it shall be read and construed as one with the Duty on Marketable

Donations of Marketable Securities and Immovable Property Used for Immovable

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

principal order".

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

2021" shall be substituted by the words "1st January 2022".

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

order, the words "31 st December 2020" shall be substituted by the 4 principal

st

words "31 December 2021".

Part III

Amendments to the Duty on Transfers (Exemption No. 2) Order

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

Order and it 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

(a)

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

2021" shall be substituted by the words "1st January 2022"; and

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

2021" shall be substituted by the words "28th February 2022".

Part IV

Amendments to the Duty on the Acquisition of the Second Immovable

Property to be used as Sole Residence (Exemption) Order

This Part amends the Duty on the Acquisition of the

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

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

Acquisition of the Second Immovable Property to be used as Sole

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

"the principal order".

Article 6 of the principal order shall be substituted by the

following new article

"6. The order shall apply to acquisitions affected

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

2021, 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

28th February 2022.".

€0.36