Nature of Instrument | (A) Stamp Duty
(B) Time for stamping
(C) Persons liable |
HEAD 1: IMMOVABLE PROPERTY IN HONG KONG
|  |
Agreement for Lease,
Agreement or Contract for Sale of equitable interest,
See AGREEMENT FOR SALE and section 29E, and CONVEYANCE ON SALE and section 26
| |
(1) CONVEYANCE ON SALE
(a) where the amount or value of the consideration does not exceed $2000000 and the instrument is certified in accordance with section 29 at $2000000
| (A)(a) $100 (Replaced L.N. 32 of 2007 and 13 of 2007 s. 3) |
(b) where the amount or value of the consideration exceeds $2000000 but does not exceed $2351760 and the instrument is certified in accordance with section 29 at $2351760
|
(b) $100 plus 10% of the amount by which the amount or value of the consideration exceeds $2000000 (Replaced L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(c) where the amount or value of the consideration exceeds $2351760 but does not exceed $3000000 and the instrument is certified in accordance with section 29 at $3000000
|
(c) 1.5% of the amount or value of the consideration (Replaced L.N. 32 of 2007 and 13 of 2007 s. 3)
|
| |
(d) where the amount or value of the consideration exceeds $3000000 but does not exceed $3290320 and the instrument is certified in accordance with section 29 at $3290320
|
(d) $45000 plus 10% of the amount by which the amount or value of the consideration exceeds $3000000 (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(e) where the amount or value of the consideration exceeds $3290320 but does not exceed $4000000 and the instrument is certified in accordance with section 29 at $4000000
|
(e) 2.25% of the amount or value of the consideration (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(f) where the amount or value of the consideration exceeds $4000000 but does not exceed $4428570 and the instrument is certified in accordance with section 29 at $4428570
|
(f) $90000 plus 10% of the amount by which the amount or value of the consideration exceeds $4000000 (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(g) where the amount or value of the consideration exceeds $4428570 but does not exceed $6000000 and the instrument is certified in accordance with section 29 at $6000000
(h) where the amount or value of the consideration exceeds $6000000 but does not exceed $6720000 and the instrument is certified in accordance with section 29 at $6720000
|
(g) 3% of the amount or value of the consideration (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
(h) $180000 plus 10% of the amount by which the amount or value of the consideration exceeds $6000000 (Added L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(i) where the amount or value of the consideration exceeds $6720000 but does not exceed $20000000 and the instrument is certified in accordance with section 29 at $20000000
|
(i) 3.75% of the amount or value of the consideration (Replaced L.N. 18 of 2010 and 16 of 2010 s. 4)
|
(j) where the amount or value of the consideration exceeds $20000000 but does not exceed $21739120 and the instrument is certified in accordance with section 29 at $21739120
|
(j) $750000 plus 10% of the amount by which the amount or value of the consideration exceeds $20000000 (Added L.N. 18 of 2010 and 16 of 2010 s. 4)
|
|
|
(k) 4.25% of the amount or value of the consideration (Added L.N. 18 of 2010 and 16 of 2010 s. 4)
|
| (B) 30 days after the execution; but see Note 2 to this sub-head |
| (C) All parties, and all other persons executing; but see Note 2 to this sub-head (Replaced 36 of 1994 s. 3) |
| |
And see sections 2, 4, 22, 23, 24, 25, 26, 27, 28, 29, 39, 43, 44 and 45
| |
Note 1
This sub-head shall apply in relation to the stamp duty chargeable by reference to it by virtue of sub-head (2)(a), in a case where part of the consideration for a lease consists of rent, as if paragraphs (a) to (j) and the words "in any other case" in paragraph (k) were omitted (Amended L.N. 90 of 1999 and 44 of 1999 s. 22; L.N. 32 of 2007 and 13 of 2007 s. 3; L.N. 18 of 2010 and 16 of 2010 s. 4)
| |
Note 2
In the case of a vesting order consequential upon an order for sale or partition or a foreclosure order, the time for stamping shall be before the order is signed by the Registrar and the persons liable shall be the persons obtaining the order
| |
Note 3
In the case of a foreclosure order, the stamp duty chargeable thereon shall not exceed the stamp duty which would be chargeable thereon by reference to the value of the property to which the order relates
| |
Note 4
A foreclosure order shall not be duly stamped unless the Collector has stamped it under section 13(3)(b)
| |
Note 5
In the case of a conveyance on sale of residential property executed after a chargeable agreement for sale has been made in respect of that property, this sub-head is subject to section 29D (Added 8 of 1992 s. 6)
| |
Note 6
(Repealed 33 of 1998 s. 11)
Exchange, Instruments effecting-see section 25(7) | |
| (1AA) CONVEYANCE ON SALE CHARGEABLE WITH SPECIAL STAMP DUTY | |
(a) if the residential property is disposed of within a period of 6 months beginning on the day on which it was acquired
| (A)(a) 15% of the amount or value of the consideration |
(b) if the residential property is disposed of within a period of 12 months beginning on the day on which it was acquired, but after the expiry of a period of 6 months beginning on that day
|
(b) 10% of the amount or value of the consideration
|
(c) if the residential property is disposed of within a period of 24 months beginning on the day on which it was acquired, but after the expiry of a period of 12 months beginning on that day
|
(c) 5% of the amount or value of the consideration
|
| (B) The same time as that which applies to a conveyance on sale specified under sub-head (1) |
| (C) The same parties as those who are liable in respect of a conveyance on sale specified under sub-head (1) |
Note 1
This sub-head is subject to sections 29D and 29DA
Note 2
(a) If only part of the residential property is disposed of within a period specified in the first column of this sub-head, the special stamp duty chargeable under this sub-head is the percentage (specified opposite to that period) of the amount or value of the consideration for that part as indicated by the parties to the conveyance on sale concerned to the Collector (part consideration)
| |
(b) If different parts of the residential property are disposed of within different periods specified in the first column of this sub-head, the special stamp duty chargeable in respect of any of those parts under this sub-head is the percentage (specified opposite to the period applicable to that part) of the amount or value of the consideration for that part as indicated by the parties to the conveyance on sale concerned to the Collector (part consideration), and the special stamp duty chargeable in respect of the property under this sub-head is the total of the special stamp duty chargeable in respect of those parts
| |
(c) If the Collector is of the opinion that the part consideration does not represent the value of the part concerned, the Collector may substitute that value for the part consideration for the purpose of the calculation of special stamp duty chargeable under this sub-head
(Added 14 of 2011 s. 15) | |
| (1A) AGREEMENT FOR SALE | |
(a) where the amount or value of the consideration does not exceed $2000000 and the instrument is certified in accordance with section 29G at $2000000
| (A)(a) $100 (Replaced L.N. 32 of 2007 and 13 of 2007 s. 3) |
(b) where the amount or value of the consideration exceeds $2000000 but does not exceed $2351760 and the instrument is certified in accordance with section 29G at $2351760
|
(b) $100 plus 10% of the amount by which the amount or value of the consideration exceeds $2000000 (Replaced L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(c) where the amount or value of the consideration exceeds $2351760 but does not exceed $3000000 and the instrument is certified in accordance with section 29G at $3000000
|
(c) 1.5% of the amount or value of the consideration (Replaced L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(d) where the amount or value of the consideration exceeds $3000000 but does not exceed $3290320 and the instrument is certified in accordance with section 29G at $3290320
|
(d) $45000 plus 10% of the amount by which the amount or value of the consideration exceeds $3000000 (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(e) where the amount or value of the consideration exceeds $3290320 but does not exceed $4000000 and the instrument is certified in accordance with section 29G at $4000000
|
(e) 2.25% of the amount or value of the consideration (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(f) where the amount or value of the consideration exceeds $4000000 but does not exceed $4428570 and the instrument is certified in accordance with section 29G at $4428570
|
(f) $90000 plus 10% of the amount by which the amount or value of the consideration exceeds $4000000 (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(g) where the amount or value of the consideration exceeds $4428570 but does not exceed $6000000 and the instrument is certified in accordance with section 29G at $6000000
(h) where the amount or value of the consideration exceeds $6000000 but does not exceed $6720000 and the instrument is certified in accordance with section 29G at $6720000
|
(g) 3% of the amount or value of the consideration (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
(h) $180000 plus 10% of the amount by which the amount or value of the consideration exceeds $6000000 (Added L.N. 90 of 1999 and 44 of 1999 s. 22. Amended L.N. 32 of 2007 and 13 of 2007 s. 3)
|
(i) where the amount or value of the consideration exceeds $6720000 but does not exceed $20000000 and the instrument is certified in accordance with section 29G at $20000000
|
(i) 3.75% of the amount or value of the consideration (Replaced L.N. 18 of 2010 and 16 of 2010 s. 4)
|
(j) where the amount or value of the consideration exceeds $20000000 but does not exceed $21739120 and the instrument is certified in accordance with section 29G at $21739120
|
(j) $750000 plus 10% of the amount by which the amount or value of the consideration exceeds $20000000 (Added L.N. 18 of 2010 and 16 of 2010 s. 4)
|
|
|
(k) 4.25% of the amount or value of the consideration (Added L.N. 18 of 2010 and 16 of 2010 s. 4)
*(B) 30 days after the relevant date (within the meaning of section 29B(3)); but see Notes 2 and 3 to this sub-head (Amended L.N. 90 of 1999 and 44 of 1999 s. 22; 14 of 2011 s. 15) |
| (C) All parties except a party who on the relevant date (within the meaning of section 29B(3)) does not know that the agreement affects him, and all other persons executing (Replaced 36 of 1994 s. 3) |
| |
| And see section 4 and Part IIIA | |
Note 1
This sub-head does not apply to an agreement for sale in respect of non-residential property (see section 29A(5))
| |
Note 2
If, within the first 14 days of the time for stamping, an agreement for sale is superseded by another agreement for sale made between the same parties and on the same terms, executed in accordance with section 29B(1), and containing the matters specified in section 29B(5)-
(aa) for the purposes of Part IIIA and this sub-head, the second-mentioned agreement is deemed to be made on the relevant date (within the meaning of section 29B(3)); (Added L.N. 90 of 1999 and 44 of 1999 s. 22)
*(a) notwithstanding paragraph (aa), the time for stamping the second-mentioned agreement is not later than 30 days after it was executed; and (Amended L.N. 90 of 1999 and 44 of 1999 s. 22; 14 of 2011 s. 15)
*(b) if the second-mentioned agreement is duly stamped or stamped under section 5(1), 13(2) or 18E(1), the obligation to stamp any preceding agreement between the same parties and on the same terms is discharged (Amended L.N. 90 of 1999 and 44 of 1999 s. 22; 21 of 2003 s. 25; 14 of 2011 s. 15)
| |
*Note 3
Subject to Note 2, if 2 or more agreements for sale are made between the same parties and on the same terms-
(a) for the purposes of Part IIIA and this sub-head, all of the agreements are deemed to be made on the relevant date (within the meaning of section 29B(3)); and
(b) where any of the agreements is duly stamped or stamped under section 5(1), 13(2) or 18E(1)- (Amended 21 of 2003 s. 25; 14 of 2011 s. 15)
(i) the other agreements are each chargeable with stamp duty of $100; and
(ii) notwithstanding paragraph (a), the time for stamping each of the other agreements is not later than 30 days after it was executed (Replaced L.N. 90 of 1999 and 44 of 1999 s. 22. Amended 14 of 2011 s. 15)
| |
Note 4
Where 2 agreements for sale are made in respect of the same, or part of the same, property and involve a common purchaser (but are not made between the same parties), this sub-head is subject to section 29C(5)
| |
Note 5
For the purposes of Notes 2, 3 and 4, a person and a parent, spouse or child of that person shall be treated as the same person (Added 8 of 1992 s. 6)
Note 6
(Repealed 33 of 1998 s. 11)
| |
| (1B) AGREEMENT FOR SALE CHARGEABLE WITH SPECIAL STAMP DUTY | |
(a) if the residential property is disposed of within a period of 6 months beginning on the day on which it was acquired
| (A)(a) 15% of the amount or value of the consideration |
(b) if the residential property is disposed of within a period of 12 months beginning on the day on which it was acquired, but after the expiry of a period of 6 months beginning on that day
|
(b) 10% of the amount or value of the consideration
|
(c) if the residential property is disposed of within a period of 24 months beginning on the day on which it was acquired, but after the expiry of a period of 12 months beginning on that day
|
(c) 5% of the amount or value of the consideration
|
| (B) The same time as that which applies to an agreement for sale specified under sub-head (1A) |
| (C) The same parties as those who are liable in respect of an agreement for sale specified under sub-head (1A) |
Note 1
This sub-head is subject to sections 29C and 29CA
Note 2
(a) If only part of the residential property is disposed of within a period specified in the first column of this sub-head, the special stamp duty chargeable under this sub-head is the percentage (specified opposite to that period) of the amount or value of the consideration for that part as indicated by the parties to the agreement concerned to the Collector (part consideration)
| |
(b) If different parts of the residential property are disposed of within different periods specified in the first column of this sub-head, the special stamp duty chargeable in respect of any of those parts under this sub-head is the percentage (specified opposite to the period applicable to that part) of the amount or value of the consideration for that part as indicated by the parties to the agreement concerned to the Collector (part consideration), and the special stamp duty chargeable in respect of the property under this sub-head is the total of the special stamp duty chargeable in respect of those parts
| |
(c) If the Collector is of the opinion that the part consideration does not represent the value of the part concerned, the Collector may substitute that value for the part consideration for the purpose of the calculation of special stamp duty chargeable under this sub-head
Note 3
A nomination made, or a direction given, by a purchaser as referred to in paragraph (h) of the definition of agreement for sale in section 29A(1) in favour of one, or more than one, person who is a parent, spouse, child, brother or sister of the purchaser (whether or not also in favour of the purchaser) is not chargeable with special stamp duty
Note 4
The Notes to head 1(1A) apply to special stamp duty chargeable under this sub-head as they apply to stamp duty chargeable under head 1(1A); but a person and a brother or sister of that person are also to be treated as the same person for the purposes of special stamp duty
(Added 14 of 2011 s. 15) | |
| (2) LEASE | |
(a) where the consideration or any part of the consideration, moving either to the lessor or to any other person, consists of any money, stock or security
| (A) The same duty as on a conveyance on sale for the same consideration (see Note 1 to sub-head (1))
(B) 30 days after execution
(C) All parties, and all other persons executing |
(b) where the consideration or any part of the consideration is any rent
| |
(i) where the term is not defined or is uncertain;
| (A)(i) 25 cents for every $100 or part thereof of the yearly or average yearly rent |
(ii) where the term specified in the lease does not exceed one year;
|
(ii) 25 cents for every $100 or part thereof of the total rent payable over the term of the lease
|
(iii) where the term specified in the lease exceeds one year but does not exceed three years;
|
(iii) 50 cents for every $100 or part thereof of the yearly or average yearly rent
|
(iv) where the term specified in the lease exceeds three years
|
(iv) $1 for every $100 or part thereof of the yearly or average yearly rent
|
| (B) 30 days after execution |
| (C) All parties, and all other persons executing |
(c) Lease executed in pursuance of a duly stamped agreement for lease
| (A) $3
(B) 30 days after execution
(C) All parties, and all other persons executing |
And see sections 2, 16, 17, 27, 39, 42 and 43
Partition, Instruments effecting-see section 25(7)
Voluntary Chargeable Agreements for Sale-see section 29F (Added 8 of 1992 s. 6)
Voluntary Disposition inter vivos - see section 27 | |
| HEAD 2: HONG KONG STOCK | |
| (1) CONTRACT NOTE for the sale or purchase of any Hong Kong stock not being jobbing business on every note required to be made under section 19(1) | (A) 0.1% of the amount of the consideration or of its value at the date on which the contract note falls to be executed: but see Note to this sub-head (Amended 18 of 1998 s. 2; 22 of 2000 s. 2; 22 of 2001 s. 4) |
| (B) 2 days after the sale or purchase if effected in Hong Kong: see section 19(1)(b)(i)
30 days after the sale or purchase if effected elsewhere: see section 19(1)(b)(ii)
|
| (C) The agent or, where no agent, the principal effecting the sale or purchase |
And see sections 2, 4, 5, 5A, 6, 19, 20, 23, 24, 27 and 45
| |
Note
Where the consideration or any part of the consideration consists of any security not being stock, the amount due upon such security for principal and interest on the date on which the contract note falls to be executed shall be taken to be its value at that date
| |
| (2) CONTRACT NOTE in respect of jobbing business on every note required to be made under section 19(1) | (A) $5
(B) 2 days after the sale or purchase: see section 19(1)(b)(i) |
| (C) The exchange participant effecting the sale or purchase (Amended 12 of 2000 s. 23) |
| And see sections 2, 4, 19 and 20 | |
| (3) TRANSFER operating as a voluntary disposition inter vivos or made for the purpose of effectuating a transaction whereby the beneficial interest in Hong Kong stock passes otherwise than on sale and purchase, including a foreclosure order (Amended 33 of 1998 s. 11) | (A) $5 and 0.2% of the value of the stock (Amended 18 of 1998 s. 2; 22 of 2000 s. 2; 22 of 2001 s. 4)
(B) 7 days after execution or, if executed elsewhere than in Hong Kong, 30 days after execution; but see Note 1 to this sub-head
(C) The transferor and the transferee; but see Note 1 to this sub-head |
And see sections 4, 19, 27, 28, 30, 44 and 45
| |
Note 1
In the case of a foreclosure order, the time for stamping shall be before the order is signed by the Registrar and the persons liable shall be the persons obtaining the order
| |
Note 2
In the case of a foreclosure order, the stamp duty chargeable thereon shall not exceed the stamp duty which would have been chargeable thereon by reference to the amount of the debt to which the order relates
| |
Note 3
A foreclosure order shall not be duly stamped unless the Collector has stamped it under section 13(3)(b)
| |
| (4) TRANSFER of any other kind | (A) $5; but see Note to this sub-head |
| (B) Before execution or, if executed elsewhere than in Hong Kong, 30 days after execution |
| (C) The transferor and the transferee |
And see sections 5, 7, 19, 30, 47A and 47B (Amended 70 of 2000 s. 3; 34 of 2003 s. 8)
| |
Note
No stamp duty under this sub-head shall be payable on a transfer executed by a recognized clearing house (within the meaning of section 19(16)) or its nominee-
| |
(a) as the transferor of the Hong Kong stock; and
| |
(b) in accordance with the rules (within the meaning of section 19(16)) of the clearing house
| |
(Replaced 40 of 1992 s. 7) | |
| HEAD 3: HONG KONG BEARER
| |
| (1) HONG KONG BEARER INSTRUMENT issued in respect of any stock other than- | (A) $3 per $100 or part thereof of market value on issue |
(a) (Repealed 43 of 1991 s. 7)
| (B) Before issue |
(b) units in a unit trust scheme under the terms of which the funds of the trust cannot be invested in any investment other than loan capital
| (C) The person by whom or on whose behalf the instrument is issued and any person who acts as the agent of that person for the purposes of the issue |
| And see sections 2 and 5(5) | |
(Replaced 21 of 1986 s. 2) | |
| (2) HONG KONG BEARER INSTRUMENT given in substitution for a like instrument duly stamped under sub-head (1) of this head | (A) $5
(B) Before issue
(C) The person by whom or on whose behalf the instrument is issued and any person who acts as the agent of that person for the purposes of the issue |
| And see sections 2 and 5(5) | |
| HEAD 4: DUPLICATES AND
| |
| DUPLICATE OR COUNTERPART of any instrument chargeable with any stamp duty | (A) Where the stamp duty on the original instrument does not amount to $5, the same stamp duty as on the original; in any other case, $5: but see Note to this head
(B) 7 days after execution, or such longer period as the time for stamping the original instrument would allow
(C) - |
And see section 8
Note
If in the case of a lease or agreement for a lease the stamp duty payable in respect thereof is limited in accordance with section 42(2) or 43(2) to 50% of the stamp duty chargeable thereon, the stamp duty chargeable on a duplicate or counterpart thereof shall be limited to 50% of the stamp duty otherwise chargeable under this head
| |
