and Transfers Act) Order, 2020

L.N. 68 of 2020

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Adaptation of Subsidiary Legislation (Duty on Documents

and Transfers Act) Order, 2020

IN EXERCISE of the powers conferred by articles 12, 22, 22A

and 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 Adaptation of Subsidiary Citation.

Legislation (Duty on Documents and Transfers Act) Order, 2020.

This Order amends subsidiary legislation enacted in terms Scope.

of the Duty on Documents and Transfers Act, hereinafter referred to as Cap. 364.

"the principal Act".

Nothing in this Order shall affect the validity of anything

heretofore lawfully done, or any right, obligation or liability heretofore

acquired, accrued or incurred, under any one (1) of the enactments

mentioned in this Order.

Part I

This Part amends the Policies of Insurance (Compounding Amends the

of Duty) Regulations and it shall be read and construed as one with the Policies

Insurance

Policies of Insurance (Compounding of Duty) Regulations, hereinafter (Compounding

of Duty)

in this Part referred to as "the principal regulations".

Regulations.

In regulation 4 of the principal regulations, the words "shall Amends

be liable to a penalty not exceeding one thousand and one hundred and regulation

the principal

sixty-four euro and sixty-nine cents (1,164.69)" shall be substituted by regulations.

the words "shall be liable to a penalty not exceeding one thousand and

two hundred euro (€1,200.00) and to interest at the rate as prescribed

by the Minister on any duty assessed by the Commissioner".

Part II

This Part amends the Duty on Documents and Transfers Amends the

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

Documents and

Documents and Transfers Rules, hereinafter in this Part referred to as Transfers

"the principal rules".

Rule 2 of the principal rules, shall be amended as follows

(a)

sub-rule (2) thereof, shall be deleted; and

(b) in sub-rule (5) thereof, the words "and to which the

First Schedule refers" shall be substituted by the words "and in a

format as provided by the Commissioner for these purposes".

Rule 3 of the principal rules, shall be amended as follows

(a) sub-rule (1) thereof, shall be substituted by the

following

" Value of

(1) (a) The value of any property subject

property.

to duty under the Duty on Documents and

Transfers Act, transferred inter vivos or

transmitted causa mortis, shall be the value of such

property on the date of the said transfer inter vivos

or on the date of death of the person from whom

the transfer causa mortis originates, as the case

may be, (hereinafter referred to as "the relevant

date") and such value shall be established in

accordance with the following provisions

Provided that where a notice of a

promise of sale is given according to article

3(6) of the Duty on Documents and Transfers

Act, and the promise of sale is made for a

period not exceeding one (1) year, or three

(3) years in the case of a property consisting

of a unit in a project acquired on plan, the

relevant date shall be the date of the promise

of sale

Provided further that where

improvements are made between the date of

the promise of sale and the date of transfer,

the relevant date shall be the date of transfer;

(b) The provisions of this sub-rule

shall apply from the 15th October 2019.";

and

(b) in sub-rule (3) thereof, the words "Second Schedule",

shall be substituted by the word "Schedule", wherever they

occur.

Rule 8 of the principal rules, shall be amended as follows

(a)

sub-rule (2) thereof, shall be substituted by the

"(2) The notice shall be made on the forms

or means as supplied by the Commissioner for this

purpose and shall contain the information required

in respect of a deed of transfer of any immovable

property and in respect of a deed containing a

declaration made in connection with article 33 of

the Duty on Documents and Transfers Act."; and

(b) sub-rule (4) thereof, shall be substituted by the

"(4) The transferee in any transfer of

residential property shall submit to the

Commissioner the information required on the

forms or means as supplied by the Commissioner,

duly filled and certified by a perit in possession of

a warrant issued under article 5 of the Periti Act,

and this information shall be attached to the notice

supplied by the Commissioner for this purpose as

mentioned in article 51 of the Duty on Documents

and Transfers Act.".

In sub-rule (3) of rule 11 of the principal rules, the words Amends rule 11

"made on the form prescribed in the Sixth Schedule" shall be of

substituted by the words "made on the forms or means as supplied by

the Commissioner for this purpose".

Rule 12 of the principal rules, shall be amended as follows: Amends rule 12

(a) in sub-rule (5) thereof, the words "on the form

prescribed in the Fifth Schedule" shall be substituted by the

words "on the forms or means as supplied by the Commissioner

for this purpose"; and

(b) in sub-rule (8) thereof, the words "on the form

prescribed in the Seventh Schedule" shall be substituted by the

words "on the forms or means as supplied by the Commissioner

for this purpose".

Immediately after rule 12 of the principal rules, there shall Adds new rule

be added the following new rule

Persons who are subject to duty in terms of

the provisions of the Duty on Documents and Transfers

Act shall be registered with the Commissioner.".

13. The Schedules to the principal rules, shall be amended as

(a) with the exception of the Second Schedule thereof, all

the other Schedules annexed to the principal rules shall be

deleted; and

(b) in the title of the Second Schedule thereof, the words

"Second Schedule" shall be substituted by the word "Schedule".

Part III

The following subsidiary legislation are hereby repealed

(a)

Use of Franking Machines Regulations;

(b)

Duty on Cheque Forms Regulations;

(c) Appeals (Board of Special Commissioners for Duty

on Documents and Transfers) Rules; and

(d) Banking Credit Cards (Compounding of Duty)

Regulations.

€0.36