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Stamp Duty Assessment

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1.

Q:

If the duty payer does not agree with the stamp duty assessment, what can he / she do?

 
 

A:

Under section 14 of the Stamp Duty Ordinance (“the Ordinance”), any person who is not satisfied with an assessment may appeal to the District Court within one month from the date of the notice of assessment.

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2.

Q:

Apart from lodging an appeal with the District Court, can the duty payer file an objection against the assessment with the Stamp Office?

 
 

A:

The Ordinance does not contain any provisions about objection to assessments. However, under section 13(9) of the Ordinance, if within one month from the date of the notice assessment, the Collector of Stamp Revenue (“the Collector”) considers that the stamp duty so assessed is excessive, he may cancel the assessment and make such assessment in substitution as appropriate. Therefore, if within one month of the date of issue of the assessment notice, the duty payer considers that the assessment is excessive and can provide concrete evidence, the Collector may consider cancelling the assessment upon examining the ground in details, and make a substituted assessment therefor. However, if the Collector considers that the assessment was properly made, he will not cancel the assessment. To protect their own interests, duty payers should first consider whether an appeal against the assessment be lodged with the District Court.

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3.

Q:

How can the Collector be informed that the assessment is excessive and provided with concrete evidence?

 
 

A:

Duty payers can inform the Stamp Office by phone (2594 3202), e-mail (taxsdo@ird.gov.hk), fax (2519 9025) or post.