Revenue eBrief No. 062/24

06 March 2024

Stamp Duty Manual Section 80 'Company Reconstructions and Amalgamations' has been updated

Stamp Duty Manual Section 80 - Reconstructions or amalgamations of companies has been updated in section 1.1 'Undertakings', as follows:

The following paragraph has been deleted:

“In certain circumstances, the holding of an investment may constitute an undertaking, if there is active (as opposed to passive) ownership of the investment concerned.  In this regard, Revenue will generally accept that a 100% shareholding may constitute an undertaking for the purposes of section 80.”

The following paragraph has replaced the deleted paragraph:

“Revenue accepts that the transfer of a 100% shareholding of a company carrying on a business in its own right constitutes the transfer of an undertaking.”