I am advised by the Revenue Commissioners that, under the stamp duty code, stamp duty arises on instruments which convey, transfer or lease property, for example, houses and land. Whether that is done on foot of a planning condition has no relevance. However, there is provision in the stamp duty code for an exemption from stamp duty where property is conveyed, transferred or leased for charitable purposes to a body of persons established solely for such purposes.
The amount of duty to be paid depends on the consideration paid for the property and on whether the property is residential or non-residential. A transfer by way of gift is chargeable as if it were a transfer for consideration, with the substitution of the market value of the property for the consideration. The person liable to pay the duty is normally the person to whom the property is conveyed, transferred, or leased.
The person or persons liable to pay stamp duty to the Revenue Commissioners must do so not later than 30 days after the date of execution of the instrument concerned. If that is not done, penalties can arise. If the Deputy requires any further clarification of the issues raised, he should contact the Revenue Commissioners in Dublin Castle.