Who Should Pay Stamp Duty

Check the terms of the document (e.g. tenancy agreement) to determine who is contractually required to pay the Stamp Duty. When the terms do not state who is liable, the party to pay Stamp Duty will follow that as specified in the Third Schedule of the Stamp Duties Act.

Terms of the Agreement

The party who is liable to pay Stamp Duty is usually stated in the agreements. For example, if you rent a property, the tenancy agreement should state who is liable to pay Stamp Duty.

Stamp Duties Act

When the terms of the document do not state who is liable to pay Stamp Duty, the party to pay Stamp Duty will follow that as specified in the Third Schedule of the Stamp Duties Act

 Types of Documents Party to Pay Stamp Duty
  Conveyance duty for documents such as:
  • Sale and Purchase Agreement 
    • Buyer's Stamp Duty
    • Additional Buyer's Stamp Duty 

 

Purchaser / Transferee

  • Sale and Purchase Agreement
    • Seller's Stamp Duty (if applicable)

 

Seller / Transferor

  • Document of Transfer (where contracts and agreements are not applicable)
  • Transfer of property by way of gift 
  • Distribution of assets

 

Transferee

  • Trust Deed / Declaration of Trust
  • Settlement 

 

Beneficiary / Trustee

  • Partition of property
  • Exchange of property 

 

Parties involved in the partition and exchange 

  •  Leases with premium 

 Lessee

  •  Novation or Assignment of Lease with additional consideration

 Incoming tenant 

  •  Surrender of Lease with payment 
 Landlord
 Lease duty for documents such as:
  •  Lease or Tenancy Agreement 
  • Agreement for Lease
  • Agreement for Variation of Lease
  • Acceptance to the Letter of Offer

 

Lessee or Tenant 

Mortgage duty:
 Mortgages for Properties  Mortgagor

 

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