New System for Stamping Instruments and making Stamp Duty
Payments
1. Introduction
From December 2009, the Revenue Commissioners will introduce a new system for
stamping instruments and for paying stamp duty.
The new arrangements apply to every instrument that requires to be stamped. The
main changes to be introduced are
• a mandatory return for stamp duty setting out all relevant particulars and
information required to calculate duty and issue the stamp
• a new process for obtaining a stamp and
• a new format of stamp.
Other changes include
• Extension of the tax reference number requirement to apply to all instrument
types
• More reliance by Revenue on post-stamping checks and audit.
2. Stamp Duty Return
Under the new arrangements, practitioners will be required to complete a statutory
return and to submit it to Revenue, together with any duty payable, before an
instrument can be stamped. The current ST21 form will no longer be required.
The new stamp duty return will require the same information to be provided as that
required presently to calculate duty and have an instrument stamped. This
information is presented currently to Revenue as part of the information contained in
the instrument and any relevant supporting documentation. Under the new system,
the instrument will be executed as heretofore, but it will not be presented to Revenue
unless
• the instrument is being adjudicated upon
• additional information is required
• the case is subject to an expression of doubt
• mitigation of penalty is sought
• the case is selected by Revenue for assurance check or audit
• the instrument Is the subject of a refund application.
Even in cases where the instrument is presented, Revenue will use the return to
calculate the duty payable and to generate a stamp certificate. Therefore, the return
must be correctly and fully completed in all cases. When the return is processed
successfully, Revenue will issue practitioners with a stamp certificate for attachment
to the instrument. The stamp certificate will be in paper form, (whether the return was
submitted in electronic or paper format) and will be affixed to the instrument to
denote it as being stamped. The new stamp certificate will replace the holographic
stamp impressed currently on the instrument as evidence of stamping. Any
instrument or documentation presented to Revenue in support of the return will be
sent back to the practitioner pending issue of the stamp certificate.
3. Filing the Statutory Return
A return is required in all cases, including those where an instrument or additional
information is to be presented to Revenue. Under the new system, the return and
duty can be submitted to Revenue in one of two ways:
• in electronic format through the Revenue Online System (ROS), or
• in paper format.
Once an Instrument is executed, the completed return, and payment in full, should be
submitted to Revenue within the prescribed time limit
. The return must be completed
fully and correctly in every case, as the information provided in the return will be used
to generate the stamp certificate.
A return submitted with incomplete or invalid information, whether the return is filed
electronically or in paper format, will be rejected and returned to the practitioner for
correction and re-submission to Revenue within the prescribed time limits.
Returns filed electronically, and completed correctly, will result in the immediate issue
of a stamp certificate on line, to the practitioner, in cases not subject to adjudication.
Returns filed in paper format will result in the issue of a stamp certificate by post
some days later.
A facility to amend any detail on a submitted return will be provided for both
electronic and paper returns. The amendment can be completed and submitted on
line (for electronic returns) or by means of an amended paper return. Detailed
guidance on completing the return (electronic and paper) will be provided by
Revenue.
4. e-Stamping
The new system, called e-Stamping, will use Revenue’s computer systems to accept
stamp duty returns on-line (electronic return) or in paper format (the paper return). It
will validate the stamp duty return, calculate the duty payable and process the
payment of stamp duty.
e-Stamping allows the practitioner to submit electronic returns and make electronic
payments on-line at any hour of the day or night from his/her own computer. It is completely secure and provides significant time and cost savings for the practitioner.
The practitioner will complete an electronic return through a series of computer
screens. These e-Stamping screens will be easy to use, with data input simplified
through selection from drop-down menus. The screens will provide automatic and
intuitive navigation to the relevant sections of the on-line return, based on selections
1 The current time limit of 44 days will continue to apply for non-adjudicated cases under the new
system.
2 Stamp certificates for returns submitted on line will be issued between 8am and 8pm Monday to
Friday. Penalties for late payment of duty will depend on the date of submission of the return and duty
payment, whether in electronic or paper format.
made from earlier drop-down menus. It will provide automatic calculation of stamp
duty and penalties and interest (where applicable) and on-line validation of tax
reference numbers.
The practitioner will transcribe particulars from the instrument and other relevant
supporting documentation into the screens (by making selections from simple drop-
down menus) to arrive at a correct calculation of stamp duty and interest and
penalties (where applicable).
The practitioner can also avail of an off-line facility in e-Stamping. This allows the
practitioner to complete a return and get a calculation of the duty before submitting it
to Revenue. The off-line return can be stored locally pending later review by the
practitioner, or by another reviewer. Once satisfied that the return reflects the correct
particulars and payment, the practitioner can upload the return to submit it on-line to
Revenue.
The e-Stamping system will validate the return and the stamp duty submitted
immediately. In straight stamping cases, once the return is accepted by the e-
Stamping system and on-line payment notification is received by Revenue, the stamp
certificate will appear immediately in the practitioner’s ROS email inbox, together
with a receipt for the electronic payment. In adjudication cases, the stamp certificate
and receipt will issue once Revenue has completed its examination and is satisfied
with the results.
e-Stamping will cater to every stamp duty eventuality and will provide comprehensive
on-line guidance notes and help menus to support the data input process. To use e-
Stamping, the practitioner must first register for ROS (see below) and set up a
Revenue Debit Instruction to authorise the on-line payment of stamp duty.
(NOTE: The following link provides information on how to register for ROS
Returns submitted in paper format will be entered manually by Revenue staff onto
the e-Stamping system and will be subject to the same validation process as the
electronic returns. Therefore, in order to allow the system to generate a correct
stamp, all relevant and correct particulars must be provided in the paper form,
together with payment in full (including interest & penalties where applicable). Once
the return is processed and the payment is confirmed, the stamp certificate will be
printed off by Revenue and posted to the practitioner.
5. Paying Stamp Duty
On-line Payment:
Where a return is filed on-line, the related duty will be paid on-line also through ROS.
Practitioners filing returns on-line through ROS will have a facility to review a
summary of the data entered and details of the duty to be charged before final
submission of the return to Revenue. Once the practitioner is satisfied that s/he has
entered the correct particulars into the on-line return (allowing the system to calculate
the duty correctly, including interest and penalties), s/he will ‘sign and submit’ the
return by clicking a button on the ROS screen.
Once the return has been signed and submitted electronically through ROS,
Revenue will process payment of the amount due (including any interest and penalties) from the bank account nominated by the practitioner by way of Revenue
Debit Instruction (RDI). The bank account will be nominated and the RDI set up by
the practitioner at the time s/he registers for ROS. The nominated account can be
changed at a later date by arrangement with Revenue. In summary, on-line payment
can be made only from the practitioner’s nominated bank account and only after the
practitioner has authorised payment by signing and submitting an electronic return
through ROS.
Manual Payment
Manual payments (cheques, etc,) will accompany paper returns. Each paper return
will contain stamp duty particulars relating to one original stampable document only
and will be accompanied by a cheque in full settlement. Where counterparts are
involved, the cheque should include the duty due for each counterpart. This method
of payment is no different to the current method. A stamp certificate will issue only
where payment, including interest and penalties where applicable, is received in full.
6. New Stamp Format
The stamp certificate is a new form of stamp that will replace the current
foil/hologram stamp in every case after the introduction of e-Stamping in December
2009.
Unlike the current stamp, the stamp certificate will not be heat-sealed onto the
instrument, but will be a separate document from the instrument itself. When the
stamp certificate is received the practitioner must attach it to the instrument to denote
that the instrument has been stamped.
The stamp certificate will contain the following information, as required.
• The stamp certificate ID number,
• the date of execution of instrument,
• Parties’ names,
• Address & Folio numbers (where applicable) of the property being transferred
(in the case of Stock Transfers, it will include the name of the company and
the number and type of shares being transferred
• The chargeable consideration
• The duty paid (including interest & penalties where applicable)
• List of relief/exemptions applied
• The DOC ID number,
• The date of issue of the stamp certificate
• Adjudication marker
• Counterpart marker
• Amended stamp certificate marker
Each stamp certificate will be identified by a unique security number and each
certificate will relate solely to one particular instrument/instrument/
counterpart. A separate stamp certificate will issue in respect of each counterpart.
Should a stamp certificate be lost or need to be verified, the e-Stamping system will
allow Revenue, on behalf of practitioners, to issue duplicate stamp certificates and to
verify the authenticity of a stamp certificate. Alternatively, practitioners who are
registered for ROS will have the facility to replace lost stamp certificates themselves,
provided the original certificates were issued to them via ROS.
7. Adjudication and Other Cases where Instruments are to be Presented
Adjudication
Cases subject to adjudication will continue to be examined in detail before stamping.
Other than the submission of a return by the practitioner, the adjudication process will
continue as before. Stamp duty returns for adjudication cases can be submitted
electronically or in paper format but the stamp certificate will not issue until the
adjudication process has been completed by Revenue. The instrument and other
papers for examination will be delivered to Revenue by the practitioner, as
heretofore. The legal provisions governing adjudication require opinion to be sought
from Revenue within 30 days of the date of execution of the instrument. Once
Revenue issues its notice of assessment, payment should be made within 14 days of
the date of assessment.
Penalty Mitigation and Refunds of Duty
Application for penalty mitigation and/or refunds of duty must be submitted in writing
to Revenue for consideration, whether the return is filed electronically or in paper
format. When Revenue has determined the amount to be mitigated and the correct
balance of payment has been received, the stamp certificate will issue. Where refund
applications are approved, the amounts involved will be refunded and an amended
stamp certificate will issue.
Expression of Doubt
Where a taxpayer / ?practitioner indicates on the return (electronic or paper) that s/he
is submitting an expression of doubt, Revenue will suspend the processing of the
case pending receipt of the expression of doubt. Where Revenue concurs with the
taxpayer’s/?practitioner’s interpretation, as reflected in the return, Revenue will
complete the processing of the return and payment and issue the stamp certificate.
Otherwise, the return will be sent back to the practitioner for correction and re-
submission The current provisions on time limits for submitting an expression of
doubt will continue to apply under the new system.
8. Post Stamping Checks
In common with all other taxes and duties, a taxpayer’s stamp duty return will be
subject to Revenue’s programme of audit under the new system.
Under the new system, except in adjudicated cases, the focus of Revenue checks
will move from pre-stamping examination to post-stamping assurance checks and
audits,. Assurance checks will be carried out on stamped instruments and any
supporting documents and will entail the practitioner forwarding the instrument and
supporting documentation to Revenue, on request, and providing Revenue with
additional information, if required.
Audits will be carried out under Revenue’s Audit Code of Practice and the taxpayer
and practitioner will be notified in advance of the audit schedule and of the records
required for examination and will be provided with a copy of the Code of Practice.
The approach to audit, including method of conduct of the audit, information required,
evidence to be kept by taxpayers / practitioners, etc. is being developed and will be
discussed with practitioners.
9. Other Information
Late Payment - Penalties and Interest
Penalties and Interest will continue to apply to all unpaid duty and the current late
penalty regulations will apply under the new system. For cases where opinion is
sought under adjudication the instrument must be presented within 30 days of the
date of first execution of the instrument. Payment of duty must be received within 14
days of the issuing of the notice of assessment. For all other types of cases, the duty
on the instrument must be paid within 44 days of the date of first execution of the
instrument.
Counterparts:
Where a counterpart is required to be stamped, practitioners will not need to
complete a separate return. Instead the return for the original instrument need only
indicate the number of counterparts pertaining to the original Instrument in order for a
separate stamp certificate to issue in respect of each counterpart. Where a return is
being completed in respect of a counterpart only, the DOC ID of the original
instrument must be quoted before the counterpart stamp certificate issues.
Tax Reference numbers: Valid tax reference numbers must be quoted in respect of
the purchaser/lessee/transferee and the vendor/lessor/transferor, whether the return
is submitted on paper or electronically. Where a paper return is submitted, the
practitioner must quote his/her tax reference number on the form. However, the
practitioner’s tax reference number will already be known (through their ROS
registration information) where returns are submitted electronically.
