The Gazette 1978

GAZETTE

MARCH 1978

Correspondence

Branch in any sale or mortgage where the consideration or mortgage debt does not exceed £100,000. Where, however, such a declaration is not forthcoming or where the consideration or mortgage exceeds that amount, the facts should be brought to the attention of the Capital Taxes Branch. Yours sincerely, J. F. QUINLAN. PROPOSED BOOK ON PLEADINGS, ate. Law Library Four Courts Dublin 7 28 March 1978 Dear Sir, Recently I have been approached to consider the possi- bility of my writing a book which would, in some measure, resemble The Pocket Pleader: Civil Bill Forms for County Court Practitioners by T. S. F. Battersby, K.C., which useful work is of 1911 vintage, as exempli- fied by the precedent for highway negligence being confined to horse trqffic. There are now many new types of claim, mainly of statutory creation, some of which may not yet have been the subject of litigation, but might be so at any time. Further, the practice of the Circuit Court, unlike that of its predecessor, the County Court, requires formal defences. While not binding myself to follow any of them, I would appreciate suggestions from counsel, solicitors, or others, as to what extra causes of action should be covered, in case (if I accept the assignment), in my research, I should, overlook some items deserving of inclusion. Yours faithfully, JOHN R. COGHLAN.

LAND MEASUREMENT

Land Commission Upper Merrion Street Dublin 2 14 March 1978

A Chara, I wish to inform you that the Land Commission has arranged to discontinue, as from January 1978, the use of roods and square perches for land measurements, and to express measurements in acres and decimals of an acre. This is a first step in the changeover to the system of metric measurement which Member States are required to implement under E.E.C. Directives on Units of Measurement. Perhaps you would be good enough to communicate this information to the members of your Society. Land Commission would be grateful for their co-operation in the matter. Mise le meas, M. BRENNAN.

CAPITAL TAXES

Office of the Revenue Commissioners Capital Taxes Branch Dublin 2 3 November 1977

(This letter was addressed to a member of the Society's Conveyancing Committee)

Dear Sir, I am directed by the Revenue Commissioners to refer to your letter of 11 October 1977 and to state that, where the consideration for a sale of real property does not exceed £50,000, such property is discharged from all previous charges for wealth tax as far as the purchaser is concerned. This follows from the wording of Section 19(3) of the Wealth Tax Act, 1975, which states that in such circumstances "the property shall not remain charged with tax". Where the consideration for a sale exceeds £50,000, the property remains charged in the hands of the purchaser with the payment of tax for the six valuation dates prior to that sale (Section 19, Subsection (1) and (2)). Where, however, there was a prior sale of that property for a consideration not exceeding £50,000 during that period of time, the charge is restricted to the valuation dates during which the present vendor (for the sale over £50,000) held the property. In other words, the freedom from the charge resulting from the prior sale for under £50,000 is preserved, notwithstanding the subse- quent sale in excess of that figure. These comments apply also to a mortgage. As regards the penultimate paragraph of your letter, for the purpose of determnrng whether the exemption for a principal dwelling houae and grounds up to one acre applies to a particular pnperty, a purchaser or mortgagee may accept a statutory declaration from the vendor or mortgagor in the tenor of Section 7(1Xa) of the Wealth Tax Act, 1975, without Inference to the Capital Taxes

ACCOMMODATION and BAR FACILITIES

Overnight accommodation is now available in the Law Society, Blackhall Place, and will be reserved on a "first-come, first-served" basis. Enquiries and reservations are handled by: MISS A. KANE Telephone 710711 Telex 31219 I LAW EI Bar facilities are normally available from Monday to Friday during the hours 12.30 — 2.30 p.m. and 4.30 — 7.30 p.m.

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