Stamp Duty On Tenancy Agreement Hong Kong

by · April 12, 2021

For the stamp of each piece of the rental document, you have to pay 5 USD. According to the land settlement, a lease of more than three years must be registered with the land registry within one month of completion. Other leases, including those with the option of renewing the existing lease, may also be registered. Please note that a rental agreement must be stamped before being registered in the land registry and, if necessary, recognized as evidence by the courts. Hong, Kong, Established, Lose, Hong Kong-based individual company, Proprietorship, Hong Kong hk Instant stamp service by GovHK ( A penalty is due for late stamp. However, in certain circumstances, the sentence may be returned. You can write to ask for forgiveness of the sentence. Stamp duty levied on a rental document and its equivalent depends on the rent to be paid or the annual or average annual rent. A rent-free period therefore reduces the basis on which stamp duty is calculated. The following examples illustrate the impact of free time on stamp duty payable. A rental agreement must be stamped within 30 days of execution. You can qualify a rental agreement via the Internet, by mail or in person with the Stamp Office of the Inland Revenue Department.

Both the landlord and tenant are required to pay stamp duty. Stamp duty is generally shared between the landlord and the tenant. A more important consequence is that the Court of Justice cannot accept an unstamped rental document as evidence in civil proceedings. In other words, one party will have difficulty enforcing the lease document against the other party (who violated the lease or lease) in court. 9 Example 4A tenancy contract for a period of 4 years with a right for the tenant to break at the end of the second year is considered a term of 4 years. Stamp duty calculations are made on the basis of the stamp that documents are stamped within 30 days of the date of the signing of the agreements. Otherwise, sanctions are due. Fixed Rent A lease was signed on July 1, 2010 for an 8-month term with an example of 5 monthly rents of $5,000.

Stamp duty is 100 USD [ 5,000 x 8 x ] Fixed rental A 2-copy lease was signed on January 4, 2010 for a period of 2 years with a monthly rent of $7,000. 6 In the tenancy agreement mentions the consideration whether the rent must also be paid under the tenancy agreement. Otherwise, the same tax as for the sale of duplicate or counter-coin applies $5 per note: 1 If the calculated stamp duty contains a fraction of $1, round the tax on the next $1. 2 Annual rent, average annual rent and total rent must be rounded to the next $100. The rental deposit mentioned in the rental agreement is not taken into account in the calculation of stamp duty. [You can refer to the examples in the appendix.] Penalty for late STAMPING 6. Late stamping and omission of the stamp is subject to the payment of the penalty as follows:- STAMPING DelayPenalty No more than 1 month 2 times the amount of stamp duty over 1 month, but no more than 2 months 4 times the amount of stamp tax Each other case 10 times the amount of stamp duty 7.

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