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Stamp duty
Stamp duty is payable by all parties executing
a document in relation to: (a) purchase and sale of a real property, (b) leasing of a real property,
or (c) purchase and sale of company
shares. Real property means a land, a building, or part of a land and
building. The duty
rate for purchase
and sale of a real property
is as
follows.
|
Value of property |
Duty Rate |
|
under $2,000,000 |
$100 |
|
$2,000, 001 to $2,351,760 |
$100 + 10% of excess over
$2,000,000 |
|
$2,351,761 to
$3,000,000 |
1.5% |
|
$3,000,001 to
$3,290,320 |
$45,000 + 10% of excess over
$3,000,000 |
|
$3,290,321 to
$4,000,000 |
2.25% |
|
$4,000,001 to $4,428,570 |
$90,000 + 10% of excess over
$4,000,000 |
|
$4,428,571 to
$6,000,000 |
3% |
|
$6,000,001 to $6,720,000 |
$180,000 + 10% of excess over
$6,000,000 |
|
$6,720,001 to
$20,000,000 |
3.75% |
|
$20,000,001 to $21,739,120 |
$750,000 + 10% of excess over
$20,000,000 |
|
over $21,739,120 |
4.25% |
The duty
rate for leasing of a
real property is as
follows.
|
Length of lease |
Duty
Rate |
|
Less than 1
year
|
0.25% of the total rent |
|
1 year to 3 years |
0.5% of the yearly rent |
|
more than 3 years |
1%* of the yearly rent |
|
Key money etc. |
4.25% of the consideration |
|
Duplicate or counterpart |
$5 per copy |
The duty rate on
purchase
or sale of private shares is 0.2% of the value of the transaction.
For shares listed on stock exchange, the duty rate is 0.1% on the
transaction value of bought note (payable by buyer) and 0.1% on sold note
(payable by seller).
All
parties executing the documents are liable to pay stamp duty. But in practice,
the stamp duty is usually shared equally between all the related parties:
landlord and lessee, or buyer and seller.
土地及樓宇的法律知識
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