PART 4 ADJUDICATION AND APPEALS

Overview

Adjudication has been abolished for instruments executed on or after 7 July 2012 and self assessment has been introduced in relation to such instruments.

This Part contains provisions relating to stamp duty assessments and appeals against stamp duty assessments. An instrument which has been stamped in conformity with an assessment may be produced in evidence notwithstanding the fact that doubts may be expressed later as to whether the correct amount of stamp duty was in fact paid in relation to the instrument - see section 20(5).

A person has the right to appeal against a stamp duty assessment made by the Revenue Commissioners. In addition to this statutory right the Commissioners also operate an internal/external review procedure under which a person who is dissatisfied with a decision or an assessment made by a Revenue officer may arrange to have that decision or assessment reviewed. Details of the review procedures are contained in Revenue Complaint and Review Procedures Leaflet – CS4 (December 2012).

Section 20 Assessment of duty by the Commissioners

Summary

This section provides for the accountable person to include an assessment of the duty in the return filed in relation to an instrument under the e-stamping system and also enables the Revenue Commissioners, in certain circumstances, to assess the amount of duty chargeable on an instrument.

Details

Assessment of duty

(1) The accountable person is required to include an assessment of the stamp duty chargeable in relation to an instrument on the return which is required to be filed under the e-stamping system and to pay the duty and interest, calculated in accordance with section 159D, unless the Revenue Commissioners make another assessment to be substituted for the assessment.

(2) Where an accountable person fails to file a return in relation to an instrument under the e-stamping system, the Revenue Commissioners are entitled to make an assessment of the duty chargeable, to the best of their knowledge, information and belief, and the accountable person is liable for payment of the duty so assessed together with interest, calculated in accordance with section 159D, unless the Commissioners make another assessment to be substituted for the assessment.

(2A) Where an assessment is incorrect, the Revenue Commissioners are entitled to make another assessment which is to be substituted for the incorrect assessment.

(3) Where the Revenue Commissioners make an assessment to be substituted for another assessment, the accountable person is liable for payment of the duty so assessed together with interest calculated in accordance with section 159D.

Production of evidence

(4) The Revenue Commissioners may call for a copy of the instrument and any evidence they deem necessary in order to verify that the instrument has been correctly stamped.

Admission in evidence

(5) An instrument stamped in conformity with an assessment made under this section is admissible in evidence and available for all purposes even though the assessment may subsequently prove to be incorrect.

(6) An instrument which is chargeable with duty may only be stamped in accordance with an assessment.

Instruments which may not be stamped

(7) The Revenue Commissioners may not stamp an instrument which by law may not be stamped after execution.

Making of enquiries

(8) The Revenue Commissioners may make enquiries or take any necessary action to satisfy themselves as to accuracy of a return filed in relation to an instrument under the e-stamping system.

Substituted assessment

(9) Where an amended return is filed in relation to an instrument under the e-stamping system, a substituted assessment of the stamp duty chargeable must be included on the amended return.

Relevant Date: Finance Act 2014