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

In the first instance documents for adjudication must be sent to Birmingham Stamp Office.

The documents should be accompanied by any supporting documentation or evidence together with a remittance for the Stamp Duty (SD) anticipated to be payable. If appropriate the covering letter should state the reason why adjudication is sought. For certain reliefs where adjudication is compulsory HMRC has published model letters of claim. See the appropriate relief for more details.

If everything is in order and the anticipated SD is the same as that determined by HMRC Stamp Taxes then the documents will be stamped appropriately and returned.

If further information or exhibits are required, or if the SD determined by HMRC is not the same as that offered, then an exchange of correspondence will follow in order to try and reach a mutually acceptable conclusion.

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

• withdraw the documents, or
• request a Formal Notice of Decision on Adjudication See STSM022070.

If the documents are withdrawn the transaction will be referred to Stamp Duty Reserve Tax (SDRT) colleagues as they may wish to pursue any SDRT liability that has not been discharged. Additionally, documents that have been presented and later withdrawn will, if re-presented, be liable to penalties and interest based on the time lag from execution to the date of representation. Withdrawn documents will be returned marked with the duty considered payable by HMRC.