DUTY ON TRANSFERS (EXEMPTION) ORDER

DUTY ON TRANSFERS (EXEMPTION)

SUBSIDIARY LEGISLATION 364.14

DUTY ON TRANSFERS (EXEMPTION) ORDER

23rd February, 2016

LEGAL NOTICE 59 of 2016, as amended by Legal Notice 3 of 2017, and

187 of 2017.

The title of this Order is the Duty on Transfers

(Exemption) Order.

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

a transfer of immovable property to which this Order applies, the

duty otherwise chargeable in terms of the Duty on Documents and

Transfers Act shall be chargeable at the rate of two euro and fifty

cents on every one hundred euro 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

property when -

(a) the transfer is made on or after the 1st January 2016 but

before the 1st October 2017 to a person who does not

require a permit by the Minister for the purposes of the

Immovable Property (Acquisition by Non-Residents)

Act;

(b) the property is situated within an urban conservation

area or is scheduled by the Planning Authority, in

terms of article 57 of the Development Planning Act or

any Act which may be substituted therefor;

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

Duty on Documents and Transfers Act, there shall be

submitted to the Commissioner for Revenue a

certificate issued by the Planning Authority 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 Planning Act or any Act which may be

substituted therefor;

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

any previous transfer of the said property;

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

Documents and Transfers Act;

(f) the notice of the promise of sale agreement relating to

such 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 rules made

under that Act before the 1 st January 2017.

DUTY ON TRANSFERS (EXEMPTION)

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 the Planning Authority 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 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 the Planning Authority 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 the

Planning Authority issues such notification.