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

VAT on property disposals

VAT on property disposalsThis guidance note provides an overview of the VAT treatment of selling property that is located in the UK. The UK includes Great Britain, Northern Ireland and the territorial sea of the UK. The sale of any land or building located outside the UK is outside the scope of UK

14 Jul 2020 13:57 | Produced by Tolley Read more Read more

BPR ― trading and investment businesses

BPR ― trading and investment businessesIntroductionThe basic qualification rules for business property relief (BPR) are illustrated in the Flowchart ― trading or investment business for BPR purposes.For an overview of BPR, see the BPR overview guidance note.Relevant business propertyThe main

14 Jul 2020 15:36 | Produced by Tolley Read more Read more

Overseas property businesses for companies

Overseas property businesses for companiesOverviewReal estate income is generally taxed where the property is located; the UK tax treaties generally allow the jurisdiction where the land is located to tax income from the land.Therefore, a UK company with overseas property may be subject to tax in

14 Jul 2020 12:22 | Produced by Tolley in association with Rob Durrant-Walker of Crane Dale Tax, part of AMS Group Read more Read more