STSM022040 - Scope of stamp duty on shares: stamp duty: adjudication, stamps and reliefs: reasons for adjudication

There are many reasons why adjudication could be requested. These include:

  • the applicant requires certainty about the amount of duty, if any, payable
  • the applicant disputes our calculation of duty and wishes to appeal. See STSM022090
  • the applicant wants to satisfy a third party that the document is duly stamped
  • the Land Registry or a company registrar has demanded that the customer have the document adjudicated before it is registered to ensure there will be no breach of Section 17 of the Stamp Act 1891.
  • Stamp Duty (SD) is charged by reference to the value of some stocks or marketable securities as part or all of the chargeable consideration; adjudication allows this value to be agreed (but for the purpose of calculating the duty on that transaction only on a non-prejudicial basis)
  • a document has been produced in evidence and the Court has required some party or his solicitor to undertake to have it stamped
  • the instrument of transfer is a Court Order which requires Adjudication.
  • relief is claimed and it is a condition of the legislation
  • exemption is claimed and it is a condition of the legislation.