Stamp Act 1891

Part IU.K. Regulations applicable to Instruments generally

Charge of Duty upon InstrumentsU.K.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

2 All duties to be paid according to regulations of Act.U.K.

All stamp duties for the time being chargeable by law upon any instruments are to be paid and denoted according to the regulations in this Act contained, and except where express provision is made to the contrary are to be denoted by [F2stamps produced by means of a die] only.

3 How instruments are to be written and stamped. U.K.

(1)Every instrument written upon stamped material is to be written in such manner, and every instrument partly or wholly written before being stamped is to be so stamped, that the stamp may appear on the face of the instrument, and cannot be used for or applied to any other instrument written upon the same piece of material.

(2)If more than one instrument be written upon the same piece of material, every one of the instruments is to be separately and distinctly stamped with the duty with which it is chargeable.

4 Instruments to be separately charged with duty in certain cases. U.K.

Except where express provision to the contrary is made by this or any other Act,—

(a)An instrument containing or relating to several distinct matters is to be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of the matters;

(b)An instrument made for any consideration in respect whereof it is chargeable with ad valorem duty, and also for any further or other valuable consideration or considerations, is to be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of the considerations.

5 Facts and circumstances affecting duty to be set forth in instruments.U.K.

All the facts and circumstances affecting the liability of any instrument to duty, or the amount of the duty with which any instrument is chargeable, are to be fully and truly set forth in the instrument; and every person who, with intent to defraud Her Majesty,

(a)executes any instrument in which all the said facts and circumstances are not fully and truly set forth; or

(b)being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all the said facts and circumstances;

shall incur [F3a penalty not exceeding £3,000].

6 Mode of calculating ad valorem duty in certain cases. U.K.

(1)Where an instrument is chargeable with ad valorem duty in respect of

(a)any money in any foreign or colonial currency, or

(b)any stock or marketable security,

the duty shall be calculated on the value, on the day of the date of the instrument, of the money in British currency according to the current rate of exchange, or of the stock or security according to the average price thereof.

(2)Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with that statement, it is, so far as regards the subject matter of the statement, to be deemed duly stamped, unless or until it is shown that the statement is untrue, and that the instrument is in fact insufficiently stamped.

Use of Adhesive StampsU.K.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

8 General direction as to the cancellation of adhesive stamps.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

9 Penalty for frauds in relation to adhesive stamps. U.K.

(1)If any person—

(a)Fraudulently removes or causes to be removed from any instrument any adhesive stamp, or affixes to any other instrument or uses for any postal purpose any adhesive stamp which has been so removed, with intent that the stamp may be used again; or

(b)Sells or offers for sale, or utters, any adhesive stamp which has been so removed, or utters any instrument, having thereon any adhesive stamp which has to his knowledge been so removed as aforesaid;

[F6he is liable to a penalty not exceeding £3,000].

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Appropriated Stamps and Denoting StampsU.K.

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.

11 Denoting stamps. U.K.

Where the duty with which an instrument is chargeable depends in any manner upon the duty paid upon another instrument, the payment of the last-mentioned duty shall, upon application to the Commissioners and production of both the instruments, be denoted upon the first-mentioned instrument in such manner as the Commissioners think fit.

Adjudication StampsU.K.

[F9 12 Adjudication by Commissioners.U.K.

(1)Subject to such regulations as the Commissioners may think fit to make, the Commissioners may be required by any person to adjudicate with reference to any executed instrument upon the questions—

(a)whether it is chargeable with duty;

(b)with what amount of duty it is chargeable;

(c)whether any penalty is payable under section 15B (penalty on late stamping);

(d)what penalty is in their opinion correct and appropriate.

(2)The Commissioners may require to be furnished with an abstract of the instrument and with such evidence as they may require as to the facts and circumstances relevant to those questions.

(3)The Commissioners shall give notice of their decision upon those questions to the person by whom the adjudication was required.

(4)If the Commissioners decide that the instrument is not chargeable with any duty, it may be stamped with a particular stamp denoting that it has been the subject of adjudication and is not chargeable with any duty.

(5)If the Commissioners decide that the instrument is chargeable with duty and assess the amount of duty chargeable, the instrument when stamped in accordance with their decision may be stamped with a particular stamp denoting that it has been the subject of adjudication and is duly stamped.

(6)Every instrument stamped in accordance with subsection (4) or (5) shall be admissible in evidence and available for all purposes notwithstanding any objection relating to duty.]

12AF10Adjudication: supplementary provisions.U.K.

(1)An instrument which has been the subject of adjudication by the Commissioners under section 12 shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with the Commissioners’ decision on the adjudication.

(2)If without reasonable excuse any such instrument is not duly stamped within 30 days after the date on which the Commissioners gave notice of their decision, or such longer period as the Commissioners may allow, the person by whom the adjudication was required is liable to a penalty not exceeding £300.

(3)A statutory declaration made for the purposes of section 12 shall not be used against the person making it in any proceedings whatever, except in an inquiry as to the duty with which the instrument to which it relates is chargeable or as to the penalty payable on stamping that instrument.

(4)Every person by whom any such declaration is made shall, on payment of the duty chargeable upon the instrument to which it relates, and any interest or penalty payable on stamping, be relieved from any penalty to which he may be liable by reason of the omission to state truly in the instrument any fact or circumstance required by this Act to be so stated.

[F11 13 Appeal against Commissioners’ decision on adjudication.U.K.

(1)A person who is dissatisfied with a decision of the Commissioners on an adjudication under section 12 may appeal against it.

(2)The appeal must be brought within 30 days of notice of the decision on the adjudication being given under section 12(3).

(3)An appeal may only be brought on payment of—

(a)duty and any penalty in conformity with the Commissioners’ decision, and

(b)any interest that in conformity with that decision would be payable on stamping the instrument on the day on which the appeal is brought.

(4)An appeal which relates only to the penalty payable on late stamping may be brought to the [F12 First-tier Tribunal ] in accordance with section 13A below.

(5)Any other appeal may be brought in accordance with section 13B below to the High Court of the part of the United Kingdom in which the case has arisen.]

F1413AAppeal to the [F13 First-tier Tribunal ].U.K.

(1)The following provisions apply in relation to an appeal under section 13(4).

(2)Notice of appeal must be given in writing to the Commissioners, specifying the grounds of appeal.

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)On the appeal the [F16 First-tier Tribunal ] may—

(a)if it appears F17... that no penalty should be paid, set the decision aside;

(b)if the amount determined appears F17... to be appropriate, confirm the decision;

(c)if the amount determined appears F18... to be excessive, reduce it to such other amount (including nil) as [F19 the tribunal considers ] appropriate;

(d)if the amount determined appears F18... to be insufficient, increase it to such amount as [F19 the tribunal considers ] appropriate.

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(7)In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which has been determined under subsection (5), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.

(7A)Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under subsection (7) as it applies to the right of appeal under section 11(2) of that Act.]

(8)On an appeal under subsection (7) the [F22 Upper Tribunal ] has the same powers as are conferred on the [F23 First-tier Tribunal ] by subsection (5) above.

13BF24Appeal to the High Court.U.K.

(1)The following provisions apply in relation to an appeal under section 13(5).

(2)The appellant may for the purposes of the appeal require the Commissioners to state and sign a case setting out the questions upon which they were required to adjudicate and their decision upon them.

(3)The Commissioners shall thereupon state and sign a case and deliver the same to the person by whom it is required, and the case may, within 30 days thereafter, be set down by him for hearing.

(4)On the appeal the court shall determine the questions submitted and may give such directions as it thinks fit with respect to the repayment of any duty or penalty paid in conformity with the Commissioners’ decision.

Production of Instruments in EvidenceU.K.

14 Terms upon which instruments not duly stamped may be received in evidence. U.K.

(1)Upon the production of an instrument chargeable with any duty as evidence in any court of civil judicature in any part of the United Kingdom, or before any arbitrator or referee, notice shall be taken by the judge, arbitrator, or referee of any omission or insufficiency of the stamp thereon, and [F25the instrument may], on payment to the officer of the court whose duty it is to read the instrument, or to the arbitrator or referee, of the amount of the unpaid duty, and [F25any interest or penalty] payable on stamping the same, and of a further sum of one pound, be received in evidence, saving all just exceptions on other grounds.

(2)The officer, or arbitrator, or referee receiving [F26the duty and any interest or penalty] shall give a receipt for the same, and make an entry in a book kept for that purpose of the payment and of the amount thereof, and shall communicate to the Commissioners the name or title of the proceeding in which, and of the party from whom, he received [F26the duty and any interest or penalty], and the date and description of the instrument, and shall pay over to such person as the Commissioners may appoint the money received by him for [F26the duty and any interest or penalty].

(3)On production to the Commissioners of any instrument in respect of which [F27any duty, interest or penalty] has been paid, together with the receipt, the payment of [F28the duty, interest and penalty] shall be denoted on the instrument.

(4)Save as aforesaid, an instrument executed in any part of the United Kingdom, or relating, wheresoever executed, to any property situate, or to any matter or thing done or to be done, in any part of the United Kingdom, shall not, except in criminal proceedings, be given in evidence, or be available for any purpose whatever, unless it is duly stamped in accordance with the law in force at the time when it was [F29executed].

[F30(5)Where an instrument is denoted with any duty by a method required or permitted by the law in force at the time when it is stamped, the method is to be treated for the purposes of subsection (4) as being in accordance with the law in force at the time when the instrument was executed.]

Stamping of Instruments after ExecutionU.K.

[F3115 Stamping after execution.U.K.

(1)An unstamped or insufficiently stamped instrument may be stamped after being executed on payment of the unpaid duty and any interest or penalty payable.

(2)Any interest or penalty payable on stamping shall be denoted on the instrument by a particular stamp.]

[15AF32Late stamping: interest.U.K.

(1)Interest is payable on the stamping of an instrument which—

(a) is chargeable with ad valorem duty, and

(b)is not duly stamped within 30 days after the day on which the instrument was executed (whether in the United Kingdom or elsewhere).

(2)Interest is payable on the amount of the unpaid duty from the end of the period of 30 days mentioned in subsection (1)(b) until the duty is paid.

(3)Interest shall be calculated at the rate applicable under section 178 of the M1Finance Act 1989 (power of Treasury to prescribe rates of interest).

(4)The amount of interest shall be rounded down (if necessary) to the nearest multiple of £5.

(5)Interest under this section shall be paid without any deduction of income tax and shall not be taken into account in computing income or profits for any tax purposes.]

[15BF33Late stamping: penalties.U.K.

(1)A penalty is payable on the stamping of an instrument which is not presented for stamping within 30 days after—

(a)if the instrument is executed in the United Kingdom [F34or relates to land in the United Kingdom,]] the day on which it is so executed;

(b)if the instrument is executed outside the United Kingdom [F35 and does not relate to land outside the United Kingdom], the day on which it is first received in the United Kingdom.

[F36(1A)For the purposes of subsection (1) every instrument that (whether or not it also relates to any other transaction) relates to a transaction which to any extent involves land in the United Kingdom is an instrument relating to land in the United Kingdom.]

(2)If the instrument is presented for stamping within one year after the end of the 30-day period mentioned in subsection (1), the maximum penalty is £300 or the amount of the unpaid duty, whichever is less.

(3)If the instrument is not presented for stamping until after the end of the one-year period mentioned in subsection (2), the maximum penalty is £300 or the amount of the unpaid duty, whichever is greater.

(4)The Commissioners may, if they think fit, mitigate or remit any penalty payable on stamping.

(5)No penalty is payable if there is a reasonable excuse for the delay in presenting the instrument for stamping.

Entries upon Rolls, Books, &c.U.K.

16 Rolls, books, &c. to be open to inspection. U.K.

Every public officer having in his custody any rolls, books, records, papers, documents, or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person thereto authorised by the Commissioners to inspect the rolls, books, records, papers, documents, and proceedings, and to take such notes and extracts as he may deem necessary, without fee or reward, and in case of refusal shall for every offence incur [F37a penalty not exceeding £300].

17 Penalty for enrolling, &c. instrument not duly stamped.U.K.

If any person whose office it is to enrol, register, or enter in or upon any rolls, books, or records any instrument chargeable with duty, enrols, registers, or enters any such instrument not being duly stamped, he shall incur [F38a penalty not exceeding £300].