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Stamp duty

Stamp Duty Rates

Stamp duty on leases involving different rental amounts for different periods will be computed based on the average annual gross rent. Thereafter, the appropriate rates of duty will be applied depending on the term of the tenancy stated in the document.

Gross Rent for each period must include :

  • Base Rent
  • Service Charge, if any
  • Maintenance Charges, if any
  • Advertising and Promotion Charges, if any
  • Furniture / Fittings Charges, if any
  • Other Charges, any additional rent arising from turnover sales, if any

Stamp duty on leases is computed on all charges (except GST) paid by tenant to landlord.

The stamp duty rates are as follows: -

Where the lease term is for a period

Where the annual rent exceeds $1000

Up to 1 year

More than 1 year and up to 3 years

More than three years or for an indefinite term

For every $250/- or part thereof of the average annual rent $1 $2 $4

 

Duty on Duplicate

Duty on duplicate is $2. This additional amount will be added to the stamp duty payable.

As announced in Budget 2011, duty on duplicate document executed on and after 19 February 2011 has been removed.  If the document is executed before 19 February 2011, duty on duplicate remains payable.

Stamp Duty Computation

An example on the computation of stamp duty for leases involving variable rentals and a lease term of 30 months is as follows :

Premises at $6,600 per month for the first 6 months $39,600
Premises at $7,400 per month for the remaining 24 months $177,600
Furniture and fittings at $4,000 per month for 30 months $120,000
Maintenance charges at $180 per month for 30 months $5,400
Total gross rent for 30 months $342,600
 

  1. Average gross rent per month = $342,600 / 30 months = $11,420
  2. Average annual rent = $11,420 x 12 months = $137,040
  3. To determine how many parts of $250 in the annual rent = $137,040 / $250 = 548.16 (round up to 549)
  1. Stamp Duty = 549 x $2= $ 1,098
  2. Total stamp duty payable (if the document is executed in duplicate) 
    = Stamp Duty + Duty on duplicate
    = $ 1,098 + $ 2
    = $ 1,100

Nominal Duty

Stamp duty is to be paid on the first lease document before nominal duty can be charged on subsequent documents executed for the same lease.

As announced in Budget 2011, nominal duty has been removed for subsequent document executed on or after 19 February 2011.  If the subsequent document is executed before 19 February 2011, nominal duty remains payable.

Nominal Duty Charges

Documents executed relating to the same lease Nominal Duty
Agreement for Lease executed after an Acceptance to Letter of Offer, where the contractual terms of the lease remain unchanged $10
Lease executed after an Acceptance to Letter of Offer, where the contractual terms of the lease remain unchanged $2
Lease executed after an Agreement for Lease, where the contractual terms of the lease remain unchanged $2

 

Last Updated on 28 February 2013


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