However, an instrument specifically provided for in the following sections of the Stamp Duty Regulation (Cap. 117) is exempt from payment of the decision fee: an authorisation does not transfer interest on the land and is not subject to stamp tax. However, if there are doubts as to who is subject to rent tax, it is good to request the decision of the Tampon Office. The current decision fee is 50 $US. Subject to the payment of a decision fee (currently $50), any person may request the stamp income collector (the collector) to give his or her opinion on whether an executed instrument is being charged stamp duty and the amount to be paid. The request for a decision must be submitted to the stamp counter, accompanied by the original document and the corresponding supporting documents. Electronic submission is not applicable. However, certain documents expressly provided for in the Stamp Duty Regulation are exempt from the payment of decision fees. These documents illustrate the obligations in return for debt and instruments used as gifts, etc. For more information, please contact the Stamps Office. For the decision of contracts or land transfers, we refer to the link below. In addition to the above situations, when a contract for the sale of housing is cancelled, except due to a resale or assignment of the property by the buyer, no stamp duty may be levied.
The stamp duty paid for such an agreement may be refunded upon request to the stamp receipt collector within 2 years of termination of the agreement by completing Form IRSD125. The main purpose of registering documents with the land registry is to inform the public of all documents relating to land in Hong Kong and to set up a priority system for documents relating to a given property. Once a document is registered, it is presumed that the public is informed of its existence and content. The date of registration also affects the priority of a party`s rights in a given immovable property. A rental document, which is an instrument that concerns land, must obviously be registered with the land registry. To be sure, the parties to a rental agreement must inquire, either with the land registry or with lawyers, about the need for registration. The refund of a stamp or certificate of stamp issued for an exported instrument may be permitted where a rental document is generally exported in counterparties which are both transmitted to the stamp office of the tax office for the stamp within thirty days of the date of execution. $5 must also be paid for the stamp of each consideration for the rental document. the stamp has a value greater than what is necessary or is used accidentally for an instrument that cannot be taxed by stamp duty. In addition, a rental document must be stamped before it can be filed for registration with the land registry.
If the illness or absence of Hong Kong or other reasonable grounds prevent the complainant from lodging an appeal within one month, the Tribunal may extend the time limit for appeal. . . .