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Mode of adjudication as to proper stamp duty

Stamp Duties Act 1929

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where —(a)any instrument (whether executed or not and whether previously stamped or not) is brought to the Commissioner; or(b)a copy of any instrument (whether executed or not and whether previously stamped or not) is sent to the Commissioner using the E‑Stamping system or other means approved by the Commissioner,and the person bringing or sending it applies to the Commissioner for adjudication on whether the instrument is chargeable with duty and (if so) the amount chargeable, the Commissioner must adjudicate and assess the duty with which, in the Commissioner’s judgment, the instrument is chargeable.(2) Where the person seeks the Commissioner’s opinion under subsection (1) as to the amount of duty chargeable, the person must in making the application for adjudication set out the value upon which in the person’s opinion duty is chargeable.(3) The person seeking the Commissioner’s opinion under subsection (1) as to the amount of duty chargeable must pay the relevant adjudication fee prescribed in the Fourth Schedule at such time as the Commissioner may determine, and such fee remains payable even if the person subsequently withdraws the application for adjudication.(4) For the purpose of the adjudication under subsection (1), the Commissioner may require any of the following:(a)an abstract of the instrument;(b)an affidavit setting out all the facts and circumstances affecting the liability of the instrument to duty or the amount of such duty;(c)any other evidence which the Commissioner considers necessary for the adjudication or determination of duty.(5) The Commissioner may refuse to proceed upon any application under subsection (1) until such abstract and evidence mentioned in subsection (4) have been furnished accordingly.(6) Despite any other provisions of this section, the Commissioner may himself or herself require in the case of a conveyance, lease, assignment or transfer of immovable property a certificate of the value of such property from the Chief Valuer.(7) The request for a certificate from the Chief Valuer must be made to the Chief Valuer directly by the Commissioner but the Commissioner is entitled (in addition to the fee payable under subsection (1)) to charge the person seeking the adjudication of such property or regarding whose property the Commissioner requires a certificate, a fee as specified in the Fifth Schedule.(8) Evidence furnished under this section must not be used against any person in any civil proceedings, except in an inquiry as to the duty with which the instrument to which it relates is chargeable.

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