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Stamp duty

Stamp Duty needs to be paid on all lease documents. These include:

  • Lease or Tenancy Agreement or Agreement for Lease to let or sublet the entire property or part of a property such as a room in a HDB flat
  • Agreement to renew or extend the lease
  • Agreement for Variation of Lease
  • Acceptance to the Letter of Offer
  • Any written agreement pertaining to any property leasing transaction

On this page:

What is a Lease with fixed rent?

A Lease with fixed rent is one where the amount of rent is ascertained upfront and is a fixed amount payable throughout the lease period. This type of lease is common in the leasing of residential properties.

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How to calculate Stamp Duty?

Stamp Duty is to be calculated by applying the Stamp Duty rates on an annual sum of actual rent or market rent whichever is higher.

Rent is to include the following, where payable, but exclude GST charge:

  • Base rent or fixed rent and any additional rent or variable rent
  • Service charge
  • Maintenance charge
  • Advertising and Promotion charge
  • Furniture / Fittings charge
  • Any other charges

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What are the Stamp Duty rates?

Lease / Tenancy Stamp Duty rates
For lease of up to 1 year $1.00 for every $250 or part thereof of annual rent
For lease of more than 1 year and up to 3 years $2.00 for every $250 or part thereof of annual rent
For lease of more than 3 years or for an indefinite term $4.00 for every $250 or part thereof of annual rent

Where annual rent is $1,000 or less, Stamp Duty is exempted.

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Illustration of Stamp Duty calculation

An apartment is leased for 2 years at the following rent:

Rent of apartment $1,800 per month
Furniture & Fittings $500 per month
Service Charge $140 per month
Total Rent  $2,440 per month 

 

Calculation of Stamp Duty on Lease / Tenancy with fixed rent
Average annual rent =$2,440 x 12 months
=$29,280
Determine how many $250 (or part thereof) are in $29,280 =$29,280 / 250
=$117.12 (round up to $118)
Stamp Duty payable =$118 x Stamp Duty rate of $2.00
=$236

 

You may also use our Stamp Duty Calculator to calculate the Stamp Duty payable.

To stamp your document online, click here.

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Do I need to pay Stamp Duty on a letter of intent or licence agreement?

A letter of intent is not liable to Stamp Duty because it does not amount to a lease agreement.

A licence agreement that does not tantamount to a lease is also not liable to Stamp Duty.

Characteristics of a lease

Typically, a lease gives a person, the "lessee", the right to exclusive possession, allowing the person to occupy, use and otherwise enjoy the property to the exclusion of all others for a fixed or determinable period of time. This is an interest in the property out of which sub-interests may be carved and assigned (subject to the terms and conditions of the lease).

Characteristics of a licence

Whilst there are several variations, a licence entitles a person, the "licensee", to enter and use the property for specific purposes authorised by the licence, but without conferring on the licensee either exclusive possession or any estate in the land. The entitlement is thus either gratuitous, or a personal right which is not generally transferable.

For example, a lodger in a hotel has a personal contractual right to occupy the room for a fixed period in exchange for a fee, but has neither exclusive possession nor a property interest in the room itself. He is thus a licensee.

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Last Updated on 13 June 2013


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