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GAZETTE

SEPTEMBER 1988

CORRESPONDENCE

Of f i ce of The Chief Inspector

of Taxes

1st Floor, Setanta Centre,

Nassau Street,

Dublin 2.

8 March, 1988

Mr. Brian Bohan,

C/o Incorporated Law Society

of Ireland

Re: Chapter 111, Finance Act 1987

Withholding Tax

Dear Mr. Bohan,

I refer to our meeting held on Friday,

4 Ma r ch 1988, at w h i c h we

d i s c u s s ed t h e o p e r a t i on

of

w i t h h o l d i ng tax as it applies to

solicitors.

I can n ow c on f i rm t hat amoun ts

in respect of t he f o l l ow i ng items

may be excluded f r om t he charge

t o w i t h h o l d i ng tax, whe re they are

paid by t he specified person (that

is, t he solicitor) -

(a) S t amp Duty.

(b) Land Registry Fees.

(c) Court Fees.

(d) Registry of Deeds Fees.

(e) Company Of f i ce Fees.

Payments by solicitors to law

searchers may

not

be excluded

f r om the charge to tax even t hough

t he paymen ts include amoun ts in

r e s p e c t of t he a b o ve i t ems.

Likewise, paymen ts by solicitors to

Comm i s s i o n e rs f or Oa t hs and

N o t a r i es Pu b l ic ma y

not

be

excluded f r om t he charge to tax.

Yours faithfully

PAUL RECK

for Chief Inspector of Taxes

Land Registry, Central Of f i ce

Chancery Street

Dublin 7

21 June, 1988

Mr. J. Ivers,

Director General

The Law Society.

Land Registry Delays

Dear Mr. Ivers,

I am to acknowledge receipt of your

letter of t he 17th June.

I cannot deny t hat t he delays in

some categories of wo rk in t he

Registry are significant, but t he

policy we operate of giving priority

t o hardship or urgent cases, is

equitable.

The intake of registration wo rk in

bo th t he Registry of Deeds and

Land Registry for t he first five

mo n t hs of this year s h ows an

increase in excess of 10% over t he

level of intake for the corresponding

period last year.

In t he circumstances, we have

done very well to cope and our

arrears situation is at about t he

same level as last year. However,

w e are l o s i ng s t a f f w i t h o u t

replacement at a steady rate and

w i t h the holiday season upon us

t he situation will deteriorate.

We will continue, however, to

g i ve p r i o r i ty t o c a s es w h e r e

grounds for urgency are furnished.

Yours sincerely

B. CORMAC

Manager

Ma s on House,

4 8 Castle Street,

Liverpool, L2 7LQ.

16th May 1988

Incorporated Law Society of Ireland,

Dublin 7.

Dear Sir,

Re:

Pleading Practice 8i Procedure

I have been asked by t he English

publishers, Sweet & Maxwell, to be

t he General Editor of t he f o l l ow i ng

books:

a) Bullen Leake & Jacob 's Pre-

cedents of Pleadings

(It will be the 13th Edition), and

b) Jacob's Sy s t em of Pleadings

(To be a n ew vo l ume of about

4 5 0 pages — in Swe et &

Ma xwe l l 's " L i t i ga t i on L i b r a r y"

series).

Bullen & Leake has been going

for about 150 years — and is

perceived as being t he primary

source book, for practitioners, w i t h

regard t o p r e c e d e n t s / f o rms of

pleadings.

Jacob's Sy s t em of Pleadings is

the development of a text for wh i ch

Sir Jack Jacob was responsible in

1975 — and is intended t o be t he

authoritative text book on t he

principles of pleading in English law.

Wi th t he de-regulation in t he

Common Market in 1992 — I antici-

pate it being appropriate to deal in

both of these books w i t h problems/

issues/questions wh i ch may arise

in t he con t ext of pleading after

1992, w h en t he individual Euro-

pean jurisdictions will begin to lose

their judicial exclusivity and in-

dependence.

Ta k i ng t h e se m a t t e r s

i n t o

ac coun t, I wonder if you wo u ld be

in a position to assist me w i t h

regard to t he f o l l ow i ng:

a) Wh at wo u ld you like to see in

either or bo th of these t ext

books — wh i ch may be of

a s s i s t an ce t o y ou in y o ur

jurisdiction?

b) Is there any particular topic

wh i ch you wo u ld like to see

covered — and if yes, how?

c) In a legal c o n t e xt — and

speaking more generally —

h ow do you see 1992 affecting

yourselves (for example, to

w h a t extent wo u ld you be

seeking to establish yourselves

in an English jurisdiction — or

alternatively, to w h a t extent

wo u ld you anticipate English

lawyers seeking to establish

themselves in your jurisiction)?

I app r ec i a te h ow f r u s t r a t i ng

s ome t i mes it is t o receive a letter

like this, wh i ch requires a little t ime

t o sit d o wn and answer. I hope it

does not appear rude of me t o

impose upon you — and if you were

able to answer it, I wou ld of course,

be more t han grateful.

Yours sincerely,

IAIN S. GOLDREIN

(Barrister, England, Northern Circuit)

Of f i ce of t he

Revenue Commissioners

Dublin Castle

Dublin 2

14 Ju ly 1988

Ms. Anna Hegarty,

Solicitor,

The Law Society

Dear Ms. Hegarty,

VAT visits to solicitors

This letter was issued by the Revenue

Commissioners

in response

to a

query raised by the Taxation Com-

mittee as to the policy of the Rev-

enue Commissioners

on VAT visits.

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