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Contents

Long Title

Part I PRELIMINARY

Part II PROVISIONS APPLICABLE TO INSTRUMENTS GENERALLY

Liability of instruments to duty

Payment of duty

Valuation for duty

Part III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS

Part IV LIABILITY FOR PAYMENT OF DUTY

Part V ADJUDICATION AS TO STAMPS

Part VI TIME OF STAMPING INSTRUMENTS

Part VII INSTRUMENTS NOT DULY STAMPED

Part VIII ALLOWANCE FOR SPOILED STAMPS

Part IX OFFENCES AND PENALTIES

Part X MISCELLANEOUS

FIRST SCHEDULE Instruments Chargeable With Stamp Duty

SECOND SCHEDULE Instruments Which May be Stamped With Impressed or Adhesive Stamps

THIRD SCHEDULE Persons Liable to Pay Stamp Duty

FOURTH SCHEDULE Adjudication Fees

FIFTH SCHEDULE Valuation Fees

Legislative History

Comparative Table

 
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On 19/06/2013, you requested for the version in force on 19/06/2013 incorporating all amendments published on or before 19/06/2013. The closest version currently available is that of 01/04/2006.
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FIRST SCHEDULE
Instruments Chargeable With Stamp Duty
Article No.
 
Description of Instrument relating to immovable property and stock or shares
 
 
Proper Stamp Duty
1
 
BOND, COVENANT or INSTRUMENT for securing the payment for the hire of furniture, chattels, fittings or equipment in connection with the lease of immovable property and for the provision of services or facilities or to other matters or things in connection with such lease
 
The same duty as a LEASE
2
 
CONTRACT NOTE: [Deleted by S 288/2000]
3
 
CONVEYANCE, ASSIGNMENT or TRANSFER:
 
 
 
 
(a) on sale of any immovable property or any interest thereof
 
 
 
 
Amount or value of consideration
 
 
 
 
(i) for every $100 or any part thereof of the first $180,000
 
$1
 
 
(ii) for every $100 or any part thereof of the next $180,000
 
$2
 
 
(iii) thereafter for every $100 or any part thereof
 
$3
 
 
(b) (Deleted by S 192/2003)
 
 
 
 
(c) on sale of any stock or shares or any interest thereof, computed on the amount or value of consideration —
 
 
 
 
for every $100 or any part thereof
 
$0.20
 
 
(d) of any property or any interest thereof by way of security
 
See MORTGAGE
 
 
(e) of any property or any interest thereof by way of settlement
 
See SETTLEMENT
 
 
(f) of any property or any interest thereof for the purpose of effectuating the appointment of a new trustee or the retirement of a trustee although no new trustee is appointed
 
$10 or the same duty as paragraph (a) or (c), as the case may be, whichever is the lesser
 
 
(g) of any property as above where the transaction is between trustees and where —
 
 
 
 
(i) the beneficial interest in the property passes
 
The same duty as in paragraph (a) or (c), as the case may be
 
 
(ii) the beneficial interest in the property does not pass
 
$10 or the same duty as in paragraph (a) or (c), as the case may be, whichever is the lesser
 
 
(h) of any property or any interest thereof which is distributed in specie to a shareholder of a company in connection with a liquidation of the company
 
The same duty as in paragraph (a) or (c), as the case may be
 
 
(i) of any property or any interest thereof not otherwise specially charged with duty
 
$10
 
 
For the purposes of this Article, “property” means any immovable property and stock or shares
 
 
4
 
DECLARATION of any trust or concerning any immovable property, stock or shares by any writing, not being a will, or an instrument chargeable with duty as a conveyance on sale, gift or settlement
 
$10
5
 
DUPLICATE or COUNTERPART of any instrument chargeable with duty, and in respect of which the proper duty has been paid
 
$2 or the same duty payable on the original, whichever is the lesser
 
 
Exemption:
 
 
 
 
The duplicate or counterpart of any instrument which has been exempted from duty or in respect of which duty has been remitted
 
 
6
 
EXCHANGE
 
 
 
 
Any instrument whereby immovable properties are exchanged or agreed to be exchanged
 
The same duty as for a conveyance on sale for each of the immovable properties in the exchange
7
 
GIFT
 
The same duty as for a conveyance on sale
8
 
LEASE or AGREEMENT for a lease of any immovable property including any furniture, chattels, fittings or equipment and for securing the payment for the provision of services or facilities or to other matters or things in connection with such lease —
 
When the Lease is for a period
 
 
 
 
Not exceeding one year
Exceeding one year but not exceeding 3 years
 
Exceeding 3 years or for any indefinite term
 
 
(a) without premium and executed on or after 1st April 2003, for every $250 or any part thereof of the average rent and other consideration calculated for a whole year
 
$1
$2
 
$4
 
 
(b) in consideration of a premium only
 
The same duty as for a conveyance for a sum equal to the amount of such consideration
 
 
(c) in consideration of a premium and reserving a rent or other consideration
 
The same duty as for a conveyance on sale in consideration of the premium and a lease for the rent and other consideration
 
 
(d) lease executed in pursuance of a duly stamped agreement for the same on production of the agreement to the Commissioner
 
$2
 
 
(e) lease of any other kind whatsoever not otherwise specially charged with duty
 
$10
 
 
Exemption:
 
 
 
 
Any lease or agreement for a lease referred to in paragraph (a) or (c) executed on or after 1st April 2003 where the average rent and other consideration calculated for a whole year does not exceed $1,000.
 
 
9
 
MORTGAGE, AGREEMENT FOR A MORTGAGE and DEBENTURE of immovable property and stock or shares
 
 
 
 
(a) being a security (other than an equitable mortgage) for the payment or repayment of money — for every $1,000 or any part thereof
 
$4 subject to a maximum of $500
 
 
(b) being an equitable mortgage for the payment or repayment of money — for every $1,000 or any part thereof
 
$2 subject to a maximum of $500
 
 
(c) transfer, assignment or disposition of any mortgage or debenture —
 
 
 
 
(i) for every $1,000 of the amount transferred, assigned or disposed, inclusive of interest which is in arrear; and
 
$2 subject to a maximum of $500
 
 
(ii) where any further money is added to the money already secured
 
The same duty as in paragraph (a) for such further money
 
 
(d) mortgage executed in pursuance of a duly stamped agreement for the same on production of the agreement to the Commissioner
 
$2
 
 
(e) any security executed in conjunction with the security which is duly stamped under paragraph ( a)
 
$10
 
 
Exemption:
 
 
 
 
Any mortgage of stock or shares under hand only.
 
 
10
 
PARTITION of immovable property — for each instrument
 
$10
 
 
Exemption:
 
 
 
 
Where duty has been paid under any order of court or award directing a partition, no further duty shall be payable in respect of any instrument carrying such partition into effect.
 
 
11
 
SETTLEMENT of immovable property and stock or shares:
 
 
 
 
(a) Instrument of Settlement or Agreement for a Settlement
 
The same duty as for conveyance, assignment or transfer
 
 
(b) Settlement executed in pursuance of a duly stamped agreement for the same on production of the agreement to the Commissioner
 
$2 or the same duty payable on the agreement, whichever is the lesser
12
 
SURRENDER OF LEASE of immovable property:
 
 
 
 
(a) for consideration
 
The same duty as for a conveyance on sale for a consideration equal to the amount of such consideration
 
 
(b) in any other case
 
$10
[38/2002; S 284/98; S 288/2000; S192/2003; S525/2004]