Finance Act, 1969
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Exemption of certain instruments from stamp duty. |
49.—(1) Subject to subsection (2) of this section, an instrument giving effect to the purchase of a house upon the erection thereof shall be exempt from all stamp duties. | |
(2) Subsection (1) of this section shall have effect in relation to an instrument if, but only if, it is shown to the satisfaction of the Revenue Commissioners that— | ||
(a) a grant under section 2 or 7 of the Housing (Loans and Grants) Act, 1962 , has been, or will, by virtue of section 6 (2) of the Housing Act, 1966 , be made in respect of the house to which the instrument relates, or | ||
(b) a grant under section 15 , 16 , 17 , 18 or 20 of the Housing Act, 1966 , has been or will be made in respect of the house aforesaid. | ||
(3) Stamp duties shall not be chargeable in the case of a conveyance, transfer or lease by a local authority under the provisions of the Housing Act, 1966 , or of a conveyance, transfer or lease by a society registered under the Industrial and Provident Societies Acts, 1893 to 1966, and made, in accordance with a scheme for the provision of houses for its members, to a member or to such member and the spouse of the member. | ||
(4) Where— | ||
(a) an instrument has been charged with stamp duty under the heading “Conveyance or Transfer on sale of any property” or “Lease or Tack” in the First Schedule to the Stamp Act, 1891, | ||
(b) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and | ||
(c) it is shown to the satisfaction of the Revenue Commissioners that the instrument is one to which the provisions of subsection (2) or (3) of this section relate, | ||
the instrument shall be exempted from duty, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped. | ||
(5) In any such case as is referred to in subsection (4) of this section, the Revenue Commissioners may repay the duty charged on the instrument, provided that the application for exemption and repayment is made within two years after the date of the instrument. | ||
(6) Section 16 of the Finance Act, 1950 , and section 52 of the Housing Act, 1966 , are hereby repealed. | ||
(7) This section shall be deemed to have come into operation on the 7th day of May, 1969, and shall not have effect with respect to any instrument executed before such coming into operation. |