Terminated Leases

Lease Duty remission in excess of $50 is applicable to terminated lease contracts or agreements if the remission conditions are met.

Conditions for Remission

  1. The Lease or Agreement for Lease (“lease”) is terminated on or after 19 Feb 2011
  2. The lessee has not procured the termination of the lease with a view to facilitate the lease of the property by the lessor to another person
  3. The lease has not been made use of for any purpose
     

    No refund can be allowed on an instrument if it has been made used of. An instrument is 'made used of' if any of the parties to the instrument has enforced his/her rights under the instrument or has in any way acted on the terms of the instrument.

    Examples of this are when payment has been made, deposit has been forfeited, compensation has been obtained, possession of the property has been taken or the lease term has commenced.

  4. The lease period of the property has not commenced as at the date of termination.
  5. The application for remission is made within 6 months from the date of termination.

How to Apply

You can apply for the remission via the e-Stamping Portal > “Requests” > “Apply for Refund”. You will have to login with your SingPass or Registered Account. 

In the event that a refund can be granted, the refund will be made to the party who is liable for stamp duty.

Please retain the following documents and submit to IRAS when requested: 

  1. Original Lease / Tenancy

  2. Documentary evidence supporting the cancellation of the document

 

 

 

 

  • What is considered as a terminated lease eligible for remission of stamp duty?

    A terminated lease is a lease terminated after it is executed or signed. To be eligible for remission of stamp duty, the lease must be terminated on or after 19 February 2011, before the commencement date of the lease and it has not been made use of by either parties. The lease should not be terminated with the view to facilitate the lease of the property by the lessor to another person. Application for remission must be made
    within six months from the date of termination.

     

  • I have entered into a lease with my landlord for a lease term of 3 years. I have decided to terminate the lease after occupying the premise for 1 year. Am I eligible for remission of stamp duty?

    No, you are not eligible for remission of stamp duty as the lease period of the premise has commenced.

  • I have entered into a lease with my landlord where the terms in the contract allow me to carry out fitting out works before the commencement of the lease. I have carried out the fitting out works but decided to terminate the lease before the lease commencement date. Am I eligible for remission of stamp duty?

    The remission is not intended for lessees or tenants who have derived economic benefits from the leased space. No, you are not eligible for remission of stamp duty as you have made use of the lease contract when you carried out the fitting out works.