S.L. 123.27 Art. 6Notary to collect provisional tax and to give notices to the Commissioner.

(1) The provisional tax payable in terms of article 43 of the

Income Tax Management Act in respect of immovable property is to be collected from the vendor and, or, transferor by the notary on publication of the relative deed of transfer. This payment is to be made by means of a bank draft or a cheque drawn by the notary who published the transfer deed payable to the Commissioner for

Revenue: Provided that no provisional tax shall be collected by the notary where the parties declare on the deed that the provisions of article 5(5)(b) of the Act apply to them.

(2) The bank drafts or cheques are to be presented with the notice contained in the First Schedule to the Duty on Documents and Transfers Rules, and the notice shall be presented in triplicate. One of the notices shall be stamped by the Commissioner in acknowledgement of the receipt of the same notice and of the draft or cheque, and shall be returned to the notary to be annexed to the relative deed.

(3) In calculating the provisional tax payable by the vendor and, or, transferor, the resulting amount is to be rounded down to the nearest euro. This rounding down may be made in respect of each vendor and, or, transferor if there is more than one vendor or transferor on the particular deed of transfer.

(4) The notice referred to in article 5(9)(ii) of the Act shall be made on the form prescribed in Schedule A and shall be presented in triplicate together with the notice referred to in subrule (2). One of the copies shall be stamped by the Commissioner in acknowledgement of the receipt of the same notice and shall be returned to the Notary to be annexed to the relative deed.