Stamp duty is a tax that is levied on single property purchases or documents (including, historically, the majority of legal documents such as cheques, receipts, military commissions, marriage licences and land transactions). A physical revenue stamp had to be attached to or impressed upon the document to show that stamp duty had been paid before the document was legally effective. More modern versions of the tax no longer require an actual stamp.
The duty is thought to have originated in Venice in 1604, being introduced (or re-invented) in Spain in the 1610s, the Spanish Netherlands in the 1620s, France in 1651, and England in 1694.[1]
The Australian Federal Government does not levy stamp duty. However, stamp duties are levied by the Australian states on various instruments (written documents) and transactions. Stamp duty laws can differ significantly between all eight jurisdictions. The rates of stamp duty also differ between the jurisdictions (typically up to 5.5%) as do the nature of instruments and transactions subject to duty. Some jurisdictions no longer require a physical document to attract what is now often referred to as "transaction duty".
Major forms of duty include transfer duty on the purchase of land (both freehold and leasehold), buildings, fixtures, plant and equipment, intangible business assets (such as goodwill and intellectual property) debts and other types of dutiable property. Another key type of duty is landholder duty, which is imposed on the acquisition of shares in a company or units in a trust that holds land above a certain value threshold.
Denmark
A temporary stamp duty was introduced in 1657 to finance the war with Sweden. It was made permanent in 1660 and remains on the statute book although it has been substantially altered. Most stamp duties were abolished from 1 January 2000 and the present act only provides for stamp duties on insurance policies. Stamp duties on land registration were renamed and transferred to a separate statute but remain essentially the same, i.e. 0.6% on deeds and 1.5% loans secured against real estate.
European Union
Stamp duty in the EU is limited in scope by the Capital Duties Directive (Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital). This states that transactions subject to capital duty shall only be taxable in the Member State in whose territory the effective centre of management of a capital company is situated at the time when such transactions take place. When the effective centre of management of a capital company is situated in a third country and its registered office is situated in a Member State, transactions subject to capital duty shall be taxable in the Member State where the registered office is situated. When the registered office and the effective centre of management of a capital company are situated in a third country, the supplying of fixed or working capital to a branch situated in a Member State may be taxed in the Member State in whose territory the branch is situated.[2]
The spirit of the Council Directive 2008/7/EC of 12 February 2008 concerning indirect taxes on the raising of capital is that capital duty interferes with the free movement of capital, and it prohibits capital duties altogether on the issue of securities (as opposed to the transfer). The Directive acknowledges that the best solution would be to abolish the duty, but allows those Member States that charged the duty as at 1 January 2006 may continue to do so under strict conditions. With this stamp duty Directive, Member States may not levy indirect tax on the raising of capital to capital companies in:
contributions of capital;
loans or services provided as part of contributions of capital;
registration or other formalities required before commencing business because of the company's legal form;
alteration of the instruments constituting the company, particularly when involving the conversion into a different type of company, the transfer of centre of effective management or registered office from one Member State to another, a change in the company's objects or the extension of its period of existence;
restructuring operations.
Indirect taxes are also entirely prohibited on the issue of certain securities and debentures.[2]
Greece
Greece, the fee was introduced by Legislative Decree 4755 Official Gazette Α΄164/15.5.1930 which was replaced by P.D. 28.7.1931/1931, also known as the Stamp Duties Code, in view of the impending bankruptcy. It stipulated that all loan contracts were subject to a 3.6% fee. On August 9, 2024, the bill was put to public consultation by the Ministry of National Economy and Finance which abolishes the stamp duty on more than 600 transactions and introduces the digital transaction fee on transactions, which remains the fee.
Hong Kong
Historic Hong Kong stamp duty revenue stamp and overembossing die (1905). Actual stamps are no longer used
Head 4: Any duplicates and counterparts of the above documents.
One example is shares of companies which are either incorporated in Hong Kong or listed on the Hong Kong Stock Exchange. Other than the said shares, HK Stock is defined as shares and marketable securities, units in unit trusts, and rights to subscribe for or to be allotted stock. Stamp duty on a conveyance on sale of land is charged at progressive rates ranging from 1.5% to 8.5% of the amount of consideration. The maximum rate of 8.5% applies where the consideration exceeds HK$21,739,130.[3]
In addition, in response to the overheated property market, the Government has proposed in 2010 and 2012 two further types of stamp duties in respect of conveyances on sale of land:
Head 1AA / 1B: Special Stamp Duty (which applies to residential properties resold within 3 years after purchase)
Head 1AAB / 1C: Buyer's Stamp Duty (which applies to residential properties purchased by non-Hong Kong Permanent Residents or companies)
The Special Stamp Duty was enacted by the Legislative Council on 29 June 2011 and would take effect from 20 November 2010. An enhanced rate of the Special Stamp Duty and the Buyer's Stamp Duty was enacted by the Legislative Council on 27 February 2014 but would take effect retrospectively from 27 October 2012.
The government regularly updates its Stamp Duty laws and in addition to the above, several other amendments have now been published which are also aimed at cooling the property market. Third party calculators make it easier to understand the complex set of rules, making it easier to under the latest cost of buying or selling.
Real Estate Agencies do usually arrange the stamping for Tenancy Agreements for residential apartments.
Hong Kong Government, through the Inland Revenue Department, also provides e-stamping with the same legal status as conventional stamp.[4]
India
Indian laws require stamp duty payments on a limited category of transaction documents. Broadly, documents affecting rights and titles to property require stamp duties to be paid. The central government requires stamp duty to be paid on several classes of transaction documents, primarily focused on securities, under the Indian Stamp Act, 1899.[5] In addition, stamp duty may be charged by the state government for other transactions depending on state-specific legislation. For example, Maharashtra state's stamp duty law is governed by the Maharashtra Stamp Act, 1958 (Bombay Act LX of 1958 ).[6]
Indonesia
Current IDR 10,000 stamp duty from Indonesia
Stamp duty (meterai) is in use in Indonesia on a variety of legal documents. It continues to be necessary to stamp a document which is used to describe a civil instance or as evidence in court according to Law No. 10/2020 on Stamp Duty (UU No. 10 Tahun 2020 Tentang Bea Meterai).
Electronic stamp duty from Indonesia
Indonesian government, through Ministry of Finance, also launched electronic stamp duty (e-meterai) on October 1, 2021. This form of stamp duty affixed to digital documents such as PDF file in the form of special secure QR code developed by Perum Peruri. The digital document and its printed form is regarded as valid legal evidence according to Law No. 11/2008 on Information and Electronic Transactions (UU No. 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik).
Ireland
In the Republic of Ireland stamp duties are levied on various items including (but not limited to) credit cards, debit cards, ATM cards, cheques, property transfers, and certain court documents. Stamp duty was formerly a graduated progressive tax with the more expensive the house bought the greater the stamp duty rate. The top rate slowly increased from 0.5% in 1882 to 3% in 1947, 5% in 1973, 6% in 1975, reaching its peak at 9% in 1997.[7] The budget of 2008 inaugurated a series of rate reductions. After 2011 the stamp duty tax is set at 1% for residential properties up to €1 million and 2% on the remaining amount. Non-residential real property, building, insurance policies, the intangible business property goodwill are taxed at 2%. A lease for property of any type is taxed according to the lease duration, 1% of the average annual rent, or the market rate whichever is greater, if 35 years or less, 6% up to 100 years, and 12% for a lease of more than 100 years duration. Counterparts (duplicate copies) of documents are taxed the lesser of €12.50 or the duty on the original document. The value of property for stamp duty excludes VAT. Gifts are taxed at market value.[8] Several exemptions including those for gifts between close relatives and first time home buyers expired in 2010.[9] The transfer of stocks and marketable securities is taxed at 1% if over €1,000 or if a gift. Stock warrants in bearer form are taxed at 3% of the value of the shares, and the issue of (new) bearer warrants was prohibited effective 1 June 2015.[10]
Singapore
From 1998, stamp duty in Singapore only applies to documents relating to immovable property, stocks and shares. Purchases of Singapore property or shares traded on the Singapore Exchange, are subject to stamp duty. The Inland Revenue Authority of Singapore (IRAS) mandates stamp duty payment within 14 days from signing of the document if done in Singapore and 30 days if the document is signed overseas. Failure in payment within the fixed time entails heavy penalty.[11]
Applicable rates and more information can be obtained from Inland Revenue Authority of Singapore. Legislation covering Singapore Stamp Duties are found in the Stamp Duties Act.[12]
Sweden
Swedish law applies a stamp duty on property deeds, at 1.5% of the purchase value. In addition, a stamp duty of 2.0% is levied on new mortgage securities ("pantbrev") for properties.
The "Stamp Duty Paid" mark that appeared on British cheques from 1956 to 1971. There is now no duty on British cheques.
"Stamp Duty Reserve Tax" (SDRT) was introduced on agreements to transfer certain shares and other securities in 1986, albeit with a relief for intermediaries such as market makers and large banks that are members of a qualifying exchange.[14] "Stamp Duty Land Tax" (SDLT), a new transfer tax derived from stamp duty, was introduced for land and property transactions from 1 December 2003. SDLT is not a stamp duty, but a form of self-assessed transfer tax charged on "land transactions".
On 24 March 2010, ChancellorAlistair Darling introduced two significant changes to UK Stamp Duty Land Tax. For first-time buyers purchasing a property under £250,000, Stamp Duty Land Tax was abolished for the next two years. This measure was offset by a rise from 4% to 5% in Stamp Duty Land Tax on residential properties costing more than £1 million.[15]
Further reforms were announced in December 2014, so that rates are now paid only on the part of the property price within each tax band.[16]
In the 2015 Autumn Statement the Chancellor announced that buyers of second homes (whether Buy to let or holiday homes) would pay an additional 3% with effect from April 2016.
The Budget in 2017 abolished stamp duty for first-time home buyers in England and Wales purchasing homes up to £300,000, saving first-time buyers up to £5,000. Additionally, first-time buyers spending up to £500,000 will only pay stamp duty at 5% on the amount in excess of £300,000. Those spending over £500,000 will pay full stamp duty.[17]
Government defines first-time buyers as "... an individual or individuals who have never owned an interest in a residential property in the United Kingdom or anywhere else in the world and who intends to occupy the property as their main residence."
Although the federal government formerly imposed various documentary stamp taxes on deeds, notes, insurance premiums[21] and other transactional documents, in modern times such taxes are only imposed by states. Typically when real estate is transferred or sold, a real estate transfer tax will be collected at the time of registration of the deed in the public records. In addition, many states impose a tax on mortgages or other instruments securing loans against real property. This tax, known variously as a mortgage tax, intangibles tax, or documentary stamp tax, is also usually collected at the time of registration of the mortgage or deed of trust with the recording authority.
A Tobin tax was originally defined as a tax on all spot conversions of one currency into another. It was suggested by James Tobin, an economist who won the Nobel Memorial Prize in Economic Sciences. Tobin's tax was originally intended to penalize short-term financial round-trip excursions into another currency. By the late 1990s, the term Tobin tax was being applied to all forms of short term transaction taxation, whether across currencies or not. The concept of the Tobin tax is being picked up by various tax proposals currently being discussed, amongst them the European Union Financial Transaction Tax as well as the Robin Hood tax.
A property tax is an ad valorem tax on the value of a property.
A capital gains tax (CGT) is the tax on profits realized on the sale of a non-inventory asset. The most common capital gains are realized from the sale of stocks, bonds, precious metals, real estate, and property.
An ad valorem tax is a tax whose amount is based on the value of a transaction or of a property. It is typically imposed at the time of a transaction, as in the case of a sales tax or value-added tax (VAT). An ad valorem tax may also be imposed annually, as in the case of a real or personal property tax, or in connection with another significant event. In some countries, a stamp duty is imposed as an ad valorem tax.
Stamp duty in the United Kingdom is a form of tax charged on legal instruments, and historically required a physical stamp to be attached to or impressed upon the document in question. The more modern versions of the tax no longer require a physical stamp.
A transfer tax is a tax on the passing of title to property from one person to another.
Commercial mortgage-backed securities (CMBS) are a type of mortgage-backed security backed by commercial and multifamily mortgages rather than residential real estate. CMBS tend to be more complex and volatile than residential mortgage-backed securities due to the unique nature of the underlying property assets.
Closing costs are fees paid at the closing of a real estate transaction. This point in time called the closing is when the title to the property is conveyed (transferred) to the buyer. Closing costs are incurred by either the buyer or the seller.
Commercial property, also called commercial real estate, investment property or income property, is real estate intended to generate a profit, either from capital gains or rental income. Commercial property includes office buildings, medical centers, hotels, malls, retail stores, multifamily housing buildings, farm land, warehouses, and garages. In many U.S. states, residential property containing more than a certain number of units qualifies as commercial property for borrowing and tax purposes.
The Stamp Duty Ordinance is one of Hong Kong Ordinances which regulates the law of stamp duty.
Leaseback, short for "sale-and-leaseback", is a financial transaction in which one sells an asset and leases it back for the long term; therefore, one continues to be able to use the asset but no longer owns it. The transaction is generally done for fixed assets, notably real estate, as well as for durable and capital goods such as airplanes and trains. The concept can also be applied by national governments to territorial assets; prior to the Falklands War, the government of the United Kingdom proposed a leaseback arrangement whereby the Falklands Islands would be transferred to Argentina, with a 99-year leaseback period, and a similar arrangement, also for 99 years, had been in place prior to the handover of Hong Kong to mainland China. Leaseback arrangements are usually employed because they confer financing, accounting or taxation benefits.
Under Article 108 of the Basic Law of Hong Kong, the taxation system in Hong Kong is independent of, and different from, the taxation system in mainland China. In addition, under Article 106 of the Hong Kong Basic Law, Hong Kong has independent public finance, and no tax revenue is handed over to the Central Government in China. The taxation system in Hong Kong is generally considered to be one of the simplest, most transparent and straightforward systems in the world. Taxes are collected through the Inland Revenue Department (IRD).
39 Conduit Road is a luxury residential property situated in Conduit Road in western mid-Levels of Hong Kong. It was developed by Henderson Land Development.
A financial transaction tax (FTT) is a levy on a specific type of financial transaction for a particular purpose. The tax has been most commonly associated with the financial sector for transactions involving intangible property rather than real property. It is not usually considered to include consumption taxes paid by consumers.
Taxation may involve payments to a minimum of two different levels of government: central government through SARS or to local government. Prior to 2001 the South African tax system was "source-based", where in income is taxed in the country where it originates. Since January 2001, the tax system was changed to "residence-based" wherein taxpayers residing in South Africa are taxed on their income irrespective of its source. Non residents are only subject to domestic taxes.
Land and Buildings Transaction Tax (LBTT) is a property tax in Scotland. It replaced the Stamp Duty Land Tax from 1 April 2015.
Taxation in Malta is levied by the State and it is administered by the Commissioner for Tax and Customs. The total tax revenues in 2014 amounted to €2.747 Billion, which represents 34.6% of the Maltese GDP. The main sources of tax revenue were value-added tax, income tax, and social security contributions.
Taxes has an important part in the Moroccan economy. The taxes are levied by the government and the organization responsible for tax policy on Morocco is called the “General Management of Taxes”.
Land Transaction Tax (LTT) is a property tax in Wales. It replaced the Stamp Duty Land Tax from 1 April 2018. It became the first Welsh tax in almost 800 years.
References
↑ Dagnall, Harry (1997). Creating a Good Impression: three hundred years of The Stamp Office and stamp duties. London: HMSO. p.100. ISBN0116414189.
1 2 Llorca, Salvador Trinxet. Capital Duty Directive Text, Cases and Materials. ISBN978-0-9567766-6-2.
↑ "The Indian Stamp Act, 1899"(PDF). legislative.gov.in. Legislative Department, Ministry of Law and Justice, Government of India. Retrieved 15 June 2022.
"Stamp Duty on Shares and Its Effect on Share Prices", by Bond, Steve; Hawkins, Mike; Klemm, Alexander, FinanzArchiv: Public Finance Analysis, Volume 61, Number 3, Article (2005)
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