Stamp duty on share transfer

H

henry

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Stamp duty of 1% is payable on share purchases. As far as I am aware, there is no duty payable on inter-spouse share transfer.

My question is, in the case of a divorce settlement where one spouse is to assign 50% of their shareholding in a company to the other, is stamp duty payable. The shares are in a private company if that is relevant.
 
I would expect that the answer to the second question is "no" and that the solicitor(s) dealing with the divorce settlement or the accountant of the company in question could verify/advise.
 
I would think that a transfer pursuant to a divorce settlement would be exempt also but am not in any way certain on this. It would need to be checked over as advised above.
 
Its gets a bit complicated. The parties involved are not Irish and have never lived in Ireland - the divorce solicitor is not Irish either so no point in asking him.

I contacted the stamping office in the Revenue. The fella on the phone reckoned there was stamp duty payable but to be honest, I thought he was taking a guess. I have known the Revenue representatives to get their facts mixed up.
 
henry said:
Its gets a bit complicated. The parties involved are not Irish and have never lived in Ireland - the divorce solicitor is not Irish either so no point in asking him.
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Is the business incorporated in Ireland or is this whole issue outside of the jurisdiction? Almost certainly professional advice is required here.
 
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