STSM022020 - Scope of stamp duty on shares: stamp duty: adjudication, stamps and reliefs: general adjudication procedure

Requests for adjudication are made by presenting the relevant instruments to HMRC using the standard submission process â€� for practical information go to 188ÌåÓý and search “stamp duty on shares reliefsâ€�.

The instruments should be accompanied by any supporting documentation or evidence together with payment of the Stamp Duty where appropriate. For information on how to pay Stamp Duty, go to 188ÌåÓý and search "pay stamp duty on shares".

The covering letter should state the reason why adjudication is sought. Where adjudication is being requested in connection with a relief claim, practical details of how to do this are available on 188ÌåÓý - search "stamp duty on shares reliefs". 

If everything is in order and the anticipated Stamp Duty is the same as that determined by HMRC then HMRC will duly stamp the instruments.

If further information or evidence is required, or if the Stamp Duty determined by HMRC is not the same as that offered, then an exchange of correspondence will follow in order to try and confirm the correct position.

If no agreement is reached then the applicant has two choices. They may:

  • withdraw the instruments, or
  • request a Formal Notice of Decision on Adjudication (see STSM022070).

If the instruments are withdrawn the transaction will be referred to Stamp Duty Reserve Tax (SDRT) compliance who may pursue any SDRT liability that has not been discharged.

Any instruments that have been presented and are later withdrawn without being duly stamped will, if re-presented, be liable to penalties and interest based on the time between execution and the date of representation.Â