Stamp Duty – Who to Pay ?

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
  • Trust Deed / Declaration of Trust
  • Settlement
Beneficiary / Trustee
  • Partition of property
  • Exchange of property
Parties involved in the partition and exchange
  •  Leases with premium
  •  Novation or Assignment of Lease with additional consideration
 Incoming tenant
  •  Surrender of Lease with payment
 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