Beta This part of GOV.UK is being rebuilt – find out what this means

HMRC internal manual

Stamp Taxes on Shares Manual

From
HM Revenue & Customs
Updated
, see all updates

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.