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Chapter:

117 PDFTitle:STAMP DUTY ORDINANCEGazette Number:L.N. 82 of 2004
Section:13Heading:Adjudication of stamp duty by CollectorVersion Date:02/08/2004

(1) In respect of any executed instrument, the Collector may, and shall if he is required by any person upon payment, subject to subsection (1B), of the adjudication fee to do so, express his opinion with reference to such instrument upon the following questions- (Amended 5 of 2000 s. 3)

        (a) whether it is chargeable with any stamp duty;
        (b) what amount of stamp duty is chargeable thereon.
(1A) The Financial Secretary may by order amend the Fifth Schedule. (Added 5 of 2000 s. 3)
(1B) The adjudication fee shall not be payable in respect of an instrument where it is provided for under section 24(2), 27(3), 29F(2), 29H(3), 44(3) or 45(3) or under Note 4 to head 1(1) or Note 3 to head 2(3) in the First Schedule that the instrument shall not be duly stamped unless it is stamped under subsection (3). (Added 5 of 2000 s. 3)
(1C) Where any person has paid the adjudication fee in respect of an instrument to which subsection (1B) applies, the Collector may cancel the stamp or the stamp certificate denoting payment of the fee and refund the fee if- (Amended 21 of 2003 s. 5)
        (a) an application for this purpose is made to him not later than 2 years after the day on which the Collector expressed his opinion under subsection (1); and
        (b) the instrument is stamped under subsection (3). (Added 5 of 2000 s. 3)
(2) Any instrument in respect of which-
        (a) the adjudication fee is paid under subsection (1) shall be stamped with a stamp or by way of a stamp certificate denoting the payment of the fee;
        (b) the adjudication fee is not payable under subsection (1B) shall be stamped with a stamp or by way of a stamp certificate denoting that the instrument has been presented for adjudication. (Replaced 21 of 2003 s. 5)
(3) If the Collector is of opinion that the instrument-
        (a) is not chargeable with stamp duty, it may, subject to subsection (4), be stamped with a stamp or by way of a stamp certificate denoting that the instrument is not chargeable with stamp duty;
        (b) is chargeable with stamp duty, he shall assess the stamp duty payable, and, subject to subsection (7), where the instrument is stamped under section 5 with a stamp or under section 18E(1) by way of a stamp certificate denoting payment of the stamp duty so assessed, the instrument may also be stamped with a stamp or by way of a stamp certificate denoting that it is duly stamped. (Replaced 21 of 2003 s. 5)
(4) Subject to this section, an instrument upon which the stamp duty has been assessed by the Collector shall not, if it is not stamped or is insufficiently stamped, be stamped otherwise than in accordance with the assessment; and in the case of any instrument which in the opinion of the Collector is not chargeable with stamp duty, such instrument shall not be stamped under subsection (3)(a) unless it is stamped under subsection (2) or section 40 applies. (Amended 5 of 2000 s. 3)
(5) Section 12 shall apply in relation to an instrument in respect of which the Collector intends or is required to express his opinion under subsection (1) as it applies to an instrument presented to him for stamping, and where the Collector requires a statutory declaration to be made for the purposes of this section-
        (a) such declaration shall not be used against the person making it in any proceeding whatever except in an inquiry as to the stamp duty with which the instrument to which it relates is chargeable; and
        (b) unless such declaration is shown not to be true in any material respect, the person by whom it is made shall, on payment of the stamp duty chargeable upon the instrument, be relieved from any punishment to which he may be liable under section 11.
(6) Every instrument stamped under this section with a stamp or by way of a stamp certificate denoting that it is not chargeable with stamp duty or that it is duly stamped shall be admissible in evidence and available for all purposes notwithstanding any objection relating to stamp duty. (Amended 21 of 2003 s. 5)
(7) Where in respect of any instrument which is not stamped the Collector is required by any person under this section before or within the time for stamping such instrument to express his opinion under subsection (1) and such instrument is in the opinion of the Collector chargeable with stamp duty, the instrument-
        (a) may be stamped upon payment of the stamp duty if the stamp duty is paid not later than the time for stamping such instrument or the expiration of a period of 1 month from the date on which the assessment of the stamp duty is made, whichever is the later; or
        (b) if the stamp duty is not so paid, may be so stamped thereafter upon payment of the stamp duty and a penalty calculated under section 9 and, for that purpose, section 9 shall apply in relation to the stamping of such instrument as it applies in relation to the stamping of an instrument chargeable with stamp duty which is not stamped before or within the time for stamping such instrument.
(8) Where notice of an assessment of the stamp duty chargeable on any instrument is, within 7 days from the date on which the assessment is made, served by post on any person who required the Collector to express his opinion with reference thereto under subsection (1) or who is liable for stamping such instrument, such assessment shall, after the expiration of a period of 1 month from that date, be final and conclusive for all purposes as against such person except if and to the extent that an appeal made against it under section 14 succeeds. (Amended 36 of 1994 s. 2)
(9) If, within a period of 1 month from the date on which an assessment is made of the stamp duty chargeable on any instrument, it appears to the Collector that the amount of the stamp duty so assessed is excessive, he may cancel such assessment and make such other assessment in substitution therefor as he may deem proper; and any reference in this Ordinance to an assessment shall be construed as including a reference to an assessment as so substituted.
(10) Where the payment of stamp duty is denoted on any instrument chargeable with stamp duty or on any stamp certificate issued for the instrument, in respect of which the Collector expresses or is required to express his opinion under subsection (1) and the amount of the payment so denoted is less than the amount assessed by the Collector, then, without prejudice to the liability of any person for the payment of the difference between the amount of the stamp duty so denoted and the assessment, the instrument shall be chargeable, unless it is stamped in respect of the difference not later than 1 month from the date on which the assessment is made, with additional stamp duty of an amount equal to interest on the amount of the difference at the rate of 4 cents per $100 or part thereof per day in respect of the period beginning on the expiration of a period of 1 month from that date and ending on the date of the payment of such additional stamp duty; and the person or persons liable for stamping such instrument in respect of the stamp duty so assessed shall be the person or persons liable for stamping it in respect of such additional stamp duty. (Amended 21 of 2003 s. 5)
(11) The Collector may remit, wholly or in part, any additional stamp duty payable under subsection (10).