Transfer and Sale of Land
Stamp Duty is payable on any document described as:
- Conveyance of Property
- Transfer of Land
- Sale of Land
Or any other document which has the effect of legally passing the freehold or absolute title in land, property or condominium from one person to another.
Stamp Duty Assessment
Transfers of Land are subject to a Stamp Duty Assessment by the Valuation & Estates Office. The purpose of the Assessment is to establish the amount of ad-valorem Stamp Duty payable. Duty is payable on the Consideration (purchase price) or Market Value, whichever is higher.
If the Valuation & Estates Office assess that the Market Value is in excess of the Consideration then a Stamp Duty Assessment will be issued, outlining the Duty payable. The Assessment provides a window of opportunity for review, as there will on occasion be information affecting the value of which the Valuation & Estates Office is unaware. After that period has elapsed, the Stamp Duty will be assessed based on the Market Value established by the Valuation & Estates Office.
In the event that the parties to the document continue to disagree with the Assessment issued, they may apply for the Stamp Duty to be adjudicated. By application to the Minister of Finance (and payment of prescribed fees), the assessment of Stamp Duty will be adjudicated as a binding decision (with limited right of appeal thereafter, upon payment).
Transfer Rates and Fees
Submission Requirements
In submitting a document for Stamp Duty you should enclose the following;
- Payment, based on the anticipated rate of Duty and the consideration paid (if applicable). If additional Duty is required you will be advised accordingly. Your election will be deemed based on the payment presented, unless otherwise stated.
- A chattels list, if a deduction for chattels is being made. Further guidance on the completion of a chattels list can be found here.
- Any waiver letter given from the Minister of Finance in relation to Stamp Duty.
- The Purchase Agreement (or receipt of Duty payment) if the Transfer document relates to an Agreement on which Stamp Duty was previously paid.
- Additional information relating to the purchase, in particular where you are aware that the consideration may deviate significantly from a Valuation on the transaction date. Such information may include;
- The date when the purchase price was agreed
- Any damage to the property
- Details of any other property which has been acquired as part of a larger transactio
If further information is required in order to undertake the Stamp Duty Assessment you will be advised accordingly.