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Memorial Form Easy Guide

Short Description:

The Stamp Duty Ordinance (Cap. 117) imposes duty on certain types of instruments, which are mainly assignment, agreement for sale and purchase and lease of immovable property.



Quick Tips:

  • It refers to the amount of stamp duty paid.
  • The date of stamping should not be later than the date of registration.
  • Instruments chargeable with stamp duty should all be stamped before they are delivered for registration. Any instrument withheld on the ground of non-payment of stamp duty should be withdrawn from registration with the memorial number cancelled as laid down in Land Office Circular Memorandum No. 108.
  • For Land Registry's practice on registration of instruments chargeable with stamp duty, please refer to LRCM No. 4/09. (Note: Since the enactment of Stamp Duty (Amendment) (No. 2) Ordinance 2014, agreements for sale of non-residential properties are also chargeable with stamp duty.)

FAQ:

Q4: What should I put if stamp duty is payable for an instrument executed in duplicate?
A: Please specify the amount of stamp duty for both instruments.
Q5: Should stamp duty be paid in your department?
A: No. Matters relating to stamp duty are handled by the Stamp Office of the Inland Revenue Department. For enquiries, please call 2594 3201. 
Q6: Should registered instruments for which new stamp duty has been paid be registered again?
A: There is no such requirement in the Land Registration Ordinance. However, you may choose to register the instruments again if you so wish.
Q9: Will the Land Registry proceed to register an instrument on the lodging party’s written confirmation/explanation that the instrument is not liable to stamp duty?
A: If the lodging party’s written confirmation/explanation is provided without any supporting evidence issued by the Stamp Office, the Land Registry will withhold the instrument from registration and refer the same to the Stamp Office for advice. If the Stamp Office advises that the instrument is chargeable with stamp duty, the lodging party should withdraw the instrument from registration and lodge the duly stamped instrument for registration under a fresh memorial number. You may refer to Land Registry Circular Memorandum No. 4/09 for details. (Note: Since the enactment of Stamp Duty (Amendment) (No. 2) Ordinance 2014, agreements for sale of non-residential properties are also chargeable with stamp duty.)