Chapter:	117	Title:	STAMP DUTY ORDINANCE	Gazette Number:	14 of 2011
Section:	29CA	Heading:	Further provisions on special stamp duty chargeable on certain agreements for sale	Version Date:	20/11/2010

(1) Head 1(1B) in the First Schedule applies to a chargeable agreement for sale of any residential property acquired on or after 20 November 2010 by the vendor under the agreement.
(2) A chargeable agreement for sale is chargeable with special stamp duty under head 1(1B) in the First Schedule if the residential property concerned is disposed of within a period of 24 months beginning on the day on which the vendor under the agreement acquired the property.
(3) If only part of the residential property is disposed of within the 24-month period, special stamp duty is chargeable only by reference to that part.
(4) For the purposes of subsections (2) and (3), head 1(1B) in the First Schedule does not apply to a chargeable agreement for sale if the residential property disposed of by the vendor under the agreement, or part of the residential property, consists ofˇX

(a) any building or any part of a building (whether completed or uncompleted), andˇX
(i) the building is constructed, or caused to be constructed, by the vendor;
(ii) the land on which the building is constructed was acquired by the vendor (irrespective of whether or not any building existed on the land before the construction commenced); and
(iii) the existing building (if any) was demolished, or caused to be demolished, by the vendor; or
(b) any land, andˇX
(i) a building existed on the land when the land was acquired by the vendor;
(ii) the building was demolished, or caused to be demolished, by the vendor; and
(iii) there is no building on the land at the time of disposal by the vendor.

(a) subject to subsections (6) and (9)ˇX
(i) the date on which the vendor made a chargeable agreement for sale that provided for the conveyance of the property to the vendor; or
(ii) (if the chargeable agreement for sale consisted of 2 or more instruments) the date on which the first of those instruments was made; or
(b) in any other caseˇX
(i) the date of the conveyance under which the property was transferred to or vested in the vendor; or
(ii) (if the conveyance consisted of 2 or more instruments) the date on which the first of those instruments was made.

(a) the date on which the vendor makes a chargeable agreement for sale that provides for the conveyance of the property from the vendor; or
(b) (if the chargeable agreement for sale consists of 2 or more instruments) the date on which the first of those instruments is made.

(a) (if under that other agreement the purchasers are those referred to in section 29C(5)(c)(i)) the dates specified in section 29DA(8) as if that other agreement were a conveyance on sale executed in pursuance of a chargeable agreement for sale as referred to in section 29D(4); or
(b) (if under that other agreement the purchaser is that, or the purchasers are those, referred to in section 29C(5)(c)(ii)) the dates specified in section 29DA(9) as if that other agreement were a conveyance on sale executed in pursuance of a chargeable agreement for sale as referred to in section 29D(5).

(a) the agreement is made pursuant to any decree or order of any court; or
(b) the residential property in respect of which the agreement is madeˇX
(i) was transferred to or vested in the vendor by or pursuant to any decree or order of any court;
(ii) relates solely to the estate of a deceased person;
(iii) was devised by or otherwise passed on the death of the deceased person under a will, the law of intestacy or right of survivorship to the vendor;
(iv) relates solely to a bankruptˇ¦s estate;
(v) relates solely to the property of a company being wound up under section 177(1)(d) of the Companies Ordinance (Cap 32); or
(vi) is the subject of a sale by a mortgagee (being a financial institution within the meaning of section 2 of the Inland Revenue Ordinance (Cap 112)) or a receiver appointed by such a mortgagee.