Housing Act, 1966

Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949.

52.—(1) Subject to the following subsections of this section, this section applies to every instrument giving effect to the purchase of a house, flat or maisonette, upon the erection thereof.

(2) Section 13 of the Finance (No. 2) Act, 1947 , and section 24 of the Finance Act, 1949 , shall not apply to any instrument to which this section applies and, in lieu thereof, such stamp duties shall be chargeable as would have been chargeable if those sections had not been enacted.

(3) Subsection (2) of this section shall have effect if, but only if, there is endorsed on the instrument a certificate by a person authorised by the Minister for the purposes of this section that—

(a) a grant under section 2 or 7 of the Act of 1962 has been, or will, by virtue of subsection (2) of section 6 of this Act, be made, or

(b) a grant under section 15 , 16 , 17 , 18 or 20 of this Act has been or will be made in respect of the house so purchased.

(4) Where—

(a) an instrument has been charged with stamp duty in accordance with the said section 13 or the said section 24,

(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 there could properly have been endorsed on the instrument a certificate under subsection (3) of this section,

the instrument shall be deemed to have endorsed on it such certificate and to have been chargeable with duty accordingly, 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 difference between the amount of duty actually charged on the instrument and the amount deemed to be chargeable thereon by virtue of subsection (4) of this section, provided that the application for repayment is made within two years after the date of the instrument.