STSM081090 - Trusts and pension schemes: trust documents not required to be presented for stamping
The following documents do not require stamping if executed on or after 13 March 2008:
- Documents creating a trust (whether under hand or seal)
- Documents altering one of the essentials of a trust (thereby creating a new trust)
- Less formal documents which effect the creation or alteration of a trust (for example signed minutes relating to company resolutions)
- In England and Wales,:
- Orders confined to the lifting of protective trusts (previously exempt)
- Orders effecting gifts
- All other orders that contain declarations of trust and do not affect the disposition of trust property
- In Scotland,
- Interlocutors confined to lifting the alimentary restriction on a liferent (these were not chargeable with stamp duty even before 13 March 2008)
- Interlocutors altering the powers of trustees
The following types of order also do not require stamping if executed on or after 13 March 2008:
- An order appointing original or new trustees
- An order appointing new trustees and vesting in them the right to transfer stock or marketable securities capable of being vested
- An order appointing new trustees and vesting in them the right to sue for any chose in action (in Scotland, any debt)
- An order vesting in new trustees the right to transfer a marketable security and to receive dividends.