HC Deb 01 December 1909 vol 13 cc511-2W

asked whether, adverting to the calculation of Stamp Duties on the sale of farms in Ireland, on which money is due the Land Commission repayable by purchase annuity under the Purchase of Land (Ireland) Acts on the capital sum due, the Land Commission as well as the actual price paid by the buyer, he could state as regards solicitors' fees based on the scale of value under The Local Registration of Title (Ireland) Act, 1891, or in the case of farms subject to annuities created before 1892 and not yet registered under the said Act, based on the scale for sales made pursuant to The Solicitors' Remuneration Act, 1881, whether the un-repaid advance for which the buyer becomes responsible is reckoned in addition to the actual price paid in assessing such solicitors' fees in respect of the transfer; and, if not, on what grounds consideration is assessed for Stamp Duty purposes at an artificial figure which is disclaimed in the assessment of professional fees?


In the assessment of fees, under the Solicitors' Remuneration Act, 1881, on a conveyance of land subject to unpaid instalments of a purchase annuity, the redemption value of the annuity is added to the actual price paid, and the solicitor's fees are assessed on the aggregate. In the assessment of similar fees under the Local Registration of Title (Ireland) Act, 1881, the unpaid instalments are not reckoned in addition to the actual price paid. The assessment of Stamp Duty upon conveyances in such cases follows the provisions of Section 57 of the Stamp Act, 1891, which Section has force as regards Stamp Duty but not as regards solicitors' fees.