Dáil Éireann - Volume 591 - 03 November, 2004
Written Answers. - Tax Code.
Mr. Gogarty Mr. Gogarty
174. Mr. Gogarty asked the Minister for Finance the requirements which exist in terms of stamp duty for a building being handed over to the community from a developer as part of a planning condition; if this finance is normally payable by the developer or the community management group; if the responsibility for the payment of said stamp duty is the responsibility of the developer; the measures which are in place to ensure speedy compliance; and if he will make a statement on the matter. [27364/04]
Mr. Cowen Mr. Cowen
Mr. Cowen: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.
Dr. Upton Dr. Upton
175. Dr. Upton asked the Minister for Finance the reason persons (details supplied) in Dublin 12 are not considered a married couple for tax purposes; and if he will make a statement on the matter. [27366/04]
Mr. Cowen Mr. Cowen
Mr. Cowen:The Revenue Commissioners have confirmed that the persons mentioned by the Deputy are treated as a married couple for tax purposes. They are receiving tax credits under joint assessment and these credits have been reduced to collect tax due on one of the spouse’s social welfare income. The taxpayers were not granted the correct tax credits due or standard-rate cut-off point for the current year. An amended certificate will issue shortly incorporating the increased credits and cut-off point. The credits have been increased from €2,660 to €3,790 and the cut-off point from €29,896 to €37,000. The certificate is effective from 1 January 2004. Tax over-deducted for the period 1 January 2004 to date will be repaid by the taxpayer’s employer on receipt of the certificate.
PAYE balancing statements for the years 2001, 2002 and 2003 will issue shortly. A net overpayment of €188.62 has arisen and a cheque for this amount will also issue shortly.
Question No. 176 answered with Question No. 161.
Dáil Éireann 591 Written Answers. Tax Code.