Stamp Duties Consolidation Act 1999 section 2

Charging of, liability for, and recovery of stamp duty

Section 2 of the Stamp Duties Consolidation Act 1999 establishes the framework for charging stamp duty on instruments, sets out the time limits for stamping, identifies who is liable to pay, and provides for the recovery of unpaid duty and penalties.

  • An instrument specified in Schedule 1 is chargeable with stamp duty if it is executed in the State, or if β€” wherever it is executed β€” it relates to property situated in the State or to any matter or thing done or to be done in the State.
  • The duties chargeable are those specified in Schedule 1, charged for the benefit of the Central Fund, and are subject to exemptions contained in the SDCA 1999 or any other enactment in force.
  • A chargeable instrument must be duly stamped within 30 days after the date it is first executed, unless it is written on material that is already duly stamped.
  • Where an instrument is not stamped or is insufficiently stamped, the accountable person is liable for the duty (plus any additional duty, interest, and penalties); where there is more than one accountable person, they are jointly and severally liable.

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