Stamp duty ― basic rules

Produced by Tolley in association with Sean Randall
Corporation Tax
Guidance

Stamp duty ― basic rules

Produced by Tolley in association with Sean Randall
Corporation Tax
Guidance
imgtext

Introduction and scope

Stamp duty is a tax on documents and has existed for over 300 years. During the latter part of the 20th century, and in particular following the introduction of stamp duty land tax (SDLT), the scope of stamp duty has been narrowed significantly.

The documents which are now within the scope of stamp duty are broadly confined to:

  1. instruments relating to stock or marketable securities

  2. instruments transferring an interest in a partnership, the assets of which include stock or marketable securities

  3. instruments which transfer UK land and buildings where the contract was entered into before 10 July 2003 and which are not within the SDLT regime

In practice, by far the most common circumstance where stamp duty is encountered is on stock transfer forms for the purchase of unquoted shares in UK registered companies.

The stamp duty statute is spread over many years, the most important legislation being the Stamp Act 1891 and FA 1999, Sch 13.

HMRC manual references are to the Stamp Taxes on Shares

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+™
Sean Randall
Sean Randall linkedinicon twittericon

Partner at Blick Rothenberg , Corporate Tax


20 years’ “Big Four” stamp duty experience, including building and running KPMG’s UK stamp duty team for five years Chair of the professional body for stamp duty advisers, the Stamp Taxes Practitioners Group (over 200 members) Editor and author of Sergeant and Sims on Stamp Taxes since 2008 Former Tax Writer of the Year Author of the Law Society’s SDLT Handbook: A Guide for Residential Conveyancers Fellow of the Chartered Institute of Taxation Barrister (non-practising) Listed in Spear’s 500

Powered by Tolley+

Popular Articles

Settlor-interested trusts

Settlor-interested trustsWhat is a settlor-interested trust?A settlor-interested trust is one where the person who created the trust, the settlor, has kept for himself some or all of the benefits attaching to the property which he has given away. A straightforward example is where a settlor

14 Jul 2020 13:38 | Produced by Tolley Read more Read more

Foreign exchange issues

Foreign exchange issuesOverview of foreign exchange provisionsForeign exchange (FX) movements are generally taxed following the rules applicable to the underlying income, expenditure, asset or liability on which they arise, broadly as follows:Capital assetsOn a realisation basis (ie on disposal)

14 Jul 2020 11:44 | Produced by Tolley Read more Read more

Corporate interest restriction ― administrative aspects

Corporate interest restriction ― administrative aspectsThe corporate interest restriction (CIR) regime has some specific administrative rules in addition to the general administrative requirements for corporation tax returns. This guidance note does not include commentary on provisions that are

14 Jul 2020 11:19 | Produced by Tolley Read more Read more