The Gazette 1946-49

entitled to a beneficial interest therein, each of them) is either— (i) an Irish citizen, (ii) a person who is for the time being ordinarily resident in the State and who was ordinarily resident in the State continuously during the three years immediately preceding the I5th day of October, 1947, (iii) a body corporate incorporated in the State on or before the I5th day of October, 1947, (iv) a body corporate incorporated outside the State which, on or before the ijth day of October, 1947, has filed with the registrar of companies the docu ments and particulars mentioned in subsection (i) of section 274 of the Companies (Consolidation) Act, 1908, (v) a person lawfully carrying on a business which comes within the provisions of any paragraph of subsection (i) of section 9 of the Control of Manu factures Act, 1934 (No. 36 of 1934), or (vi) a body corporate incorporated in the State after the I5th day of October, 1947, where the issued shares of each class are, to an extent exceeding one- half (in nominal value) thereof, in the beneficial ownership of persons each of whom is within one of sub- paragraphs (i) to (v) of this paragraph, and (b) the instrument contains a certificate to that effect by the party to whom the pro perty is being conveyed or transferred. (5) In any case in which, by virtue of subsection (4) of this section, the provisions of subsections (i), (2) and (3) of this section have no effect, the stamp duties chargeable on conveyances or transfers of lands, tenements and hereditaments under the heading " Conveyance or Transfer on sale of any property " in the First Schedule to the Stamp Act, 1891, as amended by subsequent enactments shall, on and after the ist day of December, 1947, be at the rate (in this section referred to as the higher rate) of twenty-five pounds per cent, of the amount or value of the consideration in lieu of the rates imme diately theretofore chargeable. (6) (a) Subject to paragraph (b) of this subsection, this section shall apply to any conveyance or transfer of lands, tenements and here ditaments operating as a voluntary dis position inter vivos, and reference in this

1890 to 1931, or the Labourers Acts, 1883 to 1941, or any Acts amending or extending those Acts, or of a conveyance or transfer by a society registered under the Industrial and Provident Societies Acts, 1893 to 1936, and made, in accordance with a scheme for the provision of houses for its members, to a member coming within one of sub- paragraphs (i) to (vi) of paragraph (a) of subsection (4) of this section, or to such member and the spouse of the member ;. (/;>) in any other case— (i) where the amount or value of the con sideration does not exceed five hun dred pounds and the instrument con tains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount of value, or the aggregate amount or value, of the consideration exceeds five hundred pounds, or (ii) where the amount or value of the consideration exceeds five hundred (3) In such case as is mentioned in paragraph (b) (ii) of subsection (2) of this section the duty charge able shall on and after the ist day of December, 1947, be as follows :— Where the amount or value of the consideration for the sale— £ £ Exceeds 500 and does not exceed 550 ... -£ 7 IDS. 55° » „ 6o° ••• £10 600 „ „ 650 ... £15 650 „ „ 700 ... £20 7°° „ „ 75° ••• £25 75° „ „ 800 ... £30 800 „ „ 850 ... £35 850 „ „ 900 ... £40 9°° » » 95° ••• £45 950 „ „ • 1,000 ... £50 (4) The foregoing provisions of this section shall have effect if, but only if— (#) the person who becomes entitled to the entire beneficial interest in the property (jar, where more than one person becomes pounds but does not exceed one thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions.

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