What is Stamp Duty?

Who has to pay Stamp Duty?

The accountable person pays the Stamp Duty. In most cases, the accountable person is the person receiving the property.

However, if the property is transferred, for example, as a gift, all parties to the instrument (written document) are accountable persons.

If the accountable person has died, their personal representative becomes liable.

If there is more than one accountable person, they are jointly and severally liable to pay Stamp Duty.

The accountable person for various property transfer types is as follows:

Accountable person for various property transfer types
Transfer type Accountable person
Property generally The purchaser or transferee of the property (the person receiving the property)
Lease The lessee (the tenant)
Other instruments (for example, if the property transferred or leased is a gift) The parties to the instrument

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