STSM022050 - Scope of stamp duty on shares: stamp duty: adjudication, stamps and reliefs: A “particular stamp�

Traditionally, paper instruments of transfer (for exampleÌýstock transfer forms) would be sent to HMRC and the payment of (or relief from) Stamp Duty would be confirmed by the physical stamping of the instrument using an impressed die.Ìý

When this was the case, two different adjudication stamps were used. They were both circular stamps and were impressed in vermillion ink using the same processÌýused for the impression of duty stamps.

The first stamp was used when no Stamp Duty was payableÌýand was known as the “exemptâ€� or “adjudged not chargeableâ€� stamp. It included the text “Adjudged not chargeable with any dutyâ€�.

The second stamp was used when Stamp Duty was payableÌýand was impressed in addition to the duty stamps. It included the text “Adjudged duly stampedâ€�.

As noted in STSM011015 and STSM011015A physical stamping was replaced in 2020 by a new system, under which:Ìý

  • Transfer instruments (including form SH03 to record the purchase of own shares) are submittedÌýto HMRC electronicallyÌý

  • In place of a physical stamp on the transfer instrument, HMRC issues a letter confirming that duty has been paid,Ìýor an instrument has been adjudicatedÌý

Instruments which have been processed by HMRC under this system are "duly stamped" instruments (see STSM141030).Ìý

Once an instrument has been adjudicated its Stamp Duty status is established with certainty.

Rarely, it may be found that adjudication has been given on the basis of inaccurate, incorrect or incomplete information. Adjudication, once completed, can only be reopened following a request from the original applicant or by order of a court. Reopening adjudicationÌýneeds to be authorised by an officer of at least Grade 7. Under no circumstances can HMRC initiate the reopening of adjudication.