Stamp Duty on Memorials

Conveyancing 01/09/1992

Practitioners are reminded that there are two distinct circumstances which arise in relation to Stamp Duty on Memorials arising from the provisions of the following Acts:-

(1) Section 14 Family Home Protection Act, 1976.

An assurance of a Family Home by one spouse into the joint names of both spouses is exempt from Stamp Duty.

A Memorial of the Deed of Assurance is also exempt from Stamp Duty.

(2) Section 114 Finance Act, 1990.

(a) An assurance by one spouse which has the effect of placing a family home into the sole name of the other spouse is exempt from Stamp Duty.

(b) An assurance between spouses of a property which is not a Family Home is exempt from Stamp Duty.

However, Memorials of these Assurances are liable to Stamp Duty.