DUTY ON TRANSFERS (EXEMPTION NO. 2) ORDER

DUTY ON TRANSFERS (EXEMPTION NO. 2)

SUBSIDIARY LEGISLATION 364.16

DUTY ON TRANSFERS

(EXEMPTION NO. 2) ORDER

19th December, 2017

LEGAL NOTICE 371 of 2017, as amended by Legal Notice 413 of

2018, 281 of 2019 and 427 of 2020.

The title of this Order is the Duty on Transfers

(Exemption No. 2) 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

(€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

property when -

(a)

the transfer is made on or after the 10th October,

2017 but before the 1st January 2022 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,

hereinafter referred to as ‘PA’, 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 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 Planning Act or any Act which may be

substituted therefor;

(d)

the notice referred to in article 51 of the Duty on

Documents and Transfers Act, shall be submitted to the

Commissioner for Revenue on or before 28th February 2022;

(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.

DUTY ON TRANSFERS (EXEMPTION NO. 2)

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.