Stamp duty is an ancient tax imposed by state governments on ‘instruments’ (documents) rather than transactions. It is a complex area of law, and cannot be dealt with at length here.
Many types of agreement cannot be enforced unless they are put into writing and stamp duty paid.
Although the rate of duty is often low (for example, between 2% and 5% on a conveyance of real estate, and around 3.5% of the rent over the whole term on a lease), the total charge can be considerable.
There is relief for stamp duty on first homes (see Buying a home).
Other stampable documents are:
- agreements, deed and powers of attorney (where a low, flat amount is paid)
- loan agreements (where loan instrument duty is paid)
- mortgages (where loan security duty is paid). Where the stamp duty is not a flat rate, but is paid on a percentage of some amount, it is known as ad valorem (according to the value) duty.
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Stamp duty : Last Revised: Fri Aug 27th 2004 |
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