1161. Transfer In Contemplation Of Sale; The Charge. | Taxation Law | LexisNexis

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1161. Transfer in contemplation of sale; the charge.

Any instrument by which property is conveyed or transferred to any person in contemplation of a sale of that property is to be treated for the purposes of the Stamp Act 1891 as a transfer on sale of that property for a consideration equal to the value of the property¹. The instrument is not deemed to be duly stamped, however, until the stamp duty chargeable on the instrument has been adjudicated by the Commissioners for Her Majesty's Revenue and Customs and the instrument stamped² in accordance with the adjudication provisions³.

If, on a claim⁴ made to the Commissioners for Revenue

(2) Stamp Duty

1126. Scope of stamp duty.

1127. Abolition of stamp duty save for the ad valorem charge in relation to instruments relating to stock or marketable securities and certain transfers of partnership interests.

1128. Enforcement.

1129. Territorial scope of stamp duties.

1130. Construction of stamp duty provisions.

1131. A charge on instruments.

1132. Form and substance.

1133. Extrinsic evidence.

1134. Instrument falling under more than one head of charge.

1135. Several instruments in one document.

1136. Instrument relating to several matters.

1137. Several instruments; one stamp.

1138. Altered instruments.

1139. Charges and rates.

1140. Power to vary stamp duties.

1141. Contingent payments.

1142. Provision for late stamping of instrument after execution.

1143. Interest payable on late stamping of instrument.

1144. Penalties payable on late stamping of an instrument.

1145. Interest on repayment of duty overpaid etc.

1146. Stamp duties must be paid and denoted by stamps produced by means of a die only.

1147. Placing of stamp on instrument.

1148. Use of denoting stamps by Commissioners for HMRC.

1149. The rate of stamp duty on transfer on sale.

1150. Meaning of 'transfer on sale'.

1151. Meaning of 'sale'.

1152. Consideration for the sale.

1153. Consideration by way of periodical payments.

1154. Separate parts of the property transferred by different instruments.

1155. Transfer of separate parts of the property to several persons.

1156. Several instruments completing the title.

1157. Transfer to sub-purchaser.

1158. Consideration consisting of foreign currency.

1159. Consideration consisting of stock or securities.

1160. Conveyance in satisfaction of a debt or subject to a liability.

1161. Transfer in contemplation of sale; the charge.

1162. Property vested or purchased under statute.

1163. Continued application of stamp duty on transfers of partnership interests.

1164. Meaning of 'bearer instrument'.

1165. The higher rate charge.

1166. Payment of duty on bearer instruments.

1167. Depositary receipts and clearance services: in general.

1168. Contract or agreement for the sale of certain property.

1169. Stamp duty not chargeable on consideration of £1,000 or under.

1170. Other general exemptions from stamp duty.

1171. General exemptions from stamp duty relating to bearer instruments and securities.

1172. Management of stamp duty.

1173. Allowance for stamps wasted or misused and instruments lost or spoiled.

1174. Affidavits, oaths and statutory declarations.

1175. Adjudication by Commissioners for Revenue and Customs.

1176. Appeals against Commissioners' decision on adjudication.

1177. Offences in respect of stamps.

1178. Offences in respect of particular instruments.

1179. Prohibition of circulation of blank transfers.

1180. Offences in respect of registers.

1181. Admissibility of evidence not affected by offer of settlement.

1182. Recovery of penalties.