Time Limit for Stamping & Deferring Payment of Stamp Duty on Residential Property Transactions
Time Limit for Stamping
The time limit for stamping different types of documents are different. You can find relevant information in the following table.
|
Nature of Document |
Time Limit |
|
|
Conveyance on sale (including deed of gift) |
Within 30 days after the execution |
|
|
Agreement for sale of immovable property |
Within 30 days after the execution (if 2 agreements for sale are executed for the same transaction and the first agreement is superseded by the second agreement within 14 days, the date of the second agreement is relevant. Otherwise, the date of the first agreement is relevant.) |
|
|
Lease |
Within 30 days after the execution |
|
|
Contract note in respect of jobbing business |
Within 2 days after the sale or purchase |
|
|
Contract note for purchase or sale of Hong Kong stock not being jobbing business |
Within 2 days after the sale or purchase, if effected in Hong Kong Within 30 days after the sale or purchase, if effected elsewhere |
|
|
Instrument of Transfer of Hong Kong stock (not including gift) |
Before execution, if executed in Hong Kong Within 30 days after the execution, if executed outside Hong Kong |
|
|
Gift of Hong Kong stock |
Within 7 days after the execution, if executed in Hong Kong Within 30 days after the execution, if executed outside Hong Kong |
|
Deferring Payment of Stamp Duty on Residential Property Transactions
Agreement for sale and purchase of residential properties should be stamped within 30 days after execution of the earliest agreement for the same transaction (e.g. a provisional agreement) except otherwise provided in the Stamp Duty Ordinance (Cap. 117). Subject to certain conditions, an electronic or a paper application can be made for deferral of payment of stamp duty of a chargeable agreement until the related assignment is executed or re-sale of the property, as the case may be. The maximum period of deferral is 3 years after the date of the earliest agreement. The application for deferral should be made on or before the stamping deadline of the agreement. For details of the application and stamping procedures, please refer to the Stamping Procedures and Explanatory Notes on “Stamping of Agreements and Assignments” (IRSD120).
With effect from 1 April 2010, deferred payment of stamp duty will not be applicable to a chargeable agreement for sale of residential property with a consideration exceeding $20,000,000.
With effect from 30 June 2011, all agreements for sale and purchase of residential property signed on or after that date will not be eligible for deferment of payment of stamp duty.
Stamping of Agreements and Assignments (IRSD120)If the stamp duty of an agreement has been deferred, the duty payer or his agent should ensure that the deferred duty is paid when it is subsequently due. If the transaction has fallen through, please apply for exemption of stamp duty by completing Form U3/SOA/F04.
Download Form U3/SOA/F04 for exemption of stamp dutyVariation of Consideration Prior to Assignment
For cases where the stated consideration of an agreement for sale of a residential property was revised by a supplemental agreement before assignment, the Stamp Office will take into account all the facts available at the time of stamping when computing the amount of stamp duty payable. For details, please refer to the following link.
Stamping Procedures and Explanatory Notes on “Chargeable Agreement for Sale of Residential Properties – Variation of Consideration Prior to Assignment” (U3/SOA/PN03)