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Talent Attraction Measure: Stamp duty refund for eligible incoming talents

  • Foreword –

    On 19 October 2022, the Chief Executive announced in his 2022 Policy Address that, to encourage incoming talents to stay in Hong Kong for long-term development, the Government would refund the extra stamp duty paid by eligible incoming talents in purchasing residential property in Hong Kong.

    For eligible incoming talents who purchase a residential property in Hong Kong on or after 19 October 2022, and subsequently become a Hong Kong permanent resident after residing in Hong Kong for seven years, they can apply for a refund of the Buyer’s Stamp Duty (15%) and the New Residential ad valorem Stamp Duty (15%) paid for the first residential property purchased and still held, but they still need to pay ad valorem stamp duty (AVD) at Scale 2 rates, such that the overall stamp duty charged will be on par with that charged on first-time home buyers who are Hong Kong permanent residents.  Such arrangement applies to any sale and purchase agreement entered into on 19 October 2022 and onwards.

    Eligible incoming talents include those who enter Hong Kong under designated talents admission schemes (including General Employment Policy, Admission Scheme for Mainland Talents and Professionals, Quality Migrant Admission Scheme, Immigration Arrangements for Non-local Graduates, Technology Talent Admission Scheme, Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents and the newly launched Top Talent Pass Scheme).

    For further information about the proposed measure, please refer to the FAQs and illustrative examples.  It should be noted that the measure has to be implemented by way of legislative amendments to the Stamp Duty Ordinance.  Details of the amendments are subject to change during the legislative process.




  • FAQs : Stamp duty refund for eligible incoming talents (subject to passage of amendments to the Stamp Duty Ordinance) 
  • Illustrative examples: Stamp duty refund for eligible incoming talents (subject to passage of amendments to the Stamp Duty Ordinance)

 

 

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Ad valorem stamp duty (AVD)

  • Foreword –
 

Note:
On 22 February 2023, the Financial Secretary in his 2023-24 Budget announced the proposed adjustment of the value bands on which the AVD at Scale 2 rates apply with effect from 22 February 2023.  Specifically, the Government will introduce the Stamp Duty (Amendment) Bill 2023 (the Bill) to take forward the initiative.  Subject to the enactment of the Bill by the Legislative Council (LegCo), unless otherwise provided, the new value bands will be applicable to any instrument executed at 11 a.m. on 22 February 2023 or thereafter for the sale and purchase or transfer of residential property or non-residential property that is subject to AVD at Scale 2 rates.

The Government also made the Public Revenue Protection (Stamp Duty) Order 2023 (the Order) under the Public Revenue Protection Ordinance (Cap. 120) to give full force and effect of law to the Bill before its enactment.  The Order will be in force for a maximum of four months starting from 22 February 2023.  With the Order to give effect to the Bill, the new value bands will be applicable to any instrument for residential property transaction or non-residential property transaction executed at 11 a.m. on 22 February 2023 or thereafter that is subject to AVD at Scale 2 rates immediately pending the scrutiny of the Bill by the LegCo.  The Government aims to have the Bill passed by the LegCo before the Order ceases to have effect from 22 June 2023.

The Stamp Duty (Amendment) (No. 2) Ordinance 2014 (2014 (No. 2) Amendment Ordinance) was gazetted on 25 July 2014. The 2014 (No. 2) Amendment Ordinance provides that the ad valorem stamp duty (AVD) payable on certain instruments dealing with immovable properties executed on or after 23 February 2013 shall be computed at higher rates (Scale 1), unless specifically exempted or provided otherwise. The major exception, amongst others, is where the property is a residential property, and the purchaser/transferee is a Hong Kong permanent resident (HKPR) who is acting on his/her own behalf and does not own any other residential property in Hong Kong at the time of acquisition. In such case, the instrument will be subject to AVD at lower rates (Scale 2).  The 2014 (No. 2) Amendment Ordinance also advances the timing for charging AVD on non-residential property transactions from the conveyance on sale to the agreement for sale executed on or after  23 February 2013.

The Stamp Duty (Amendment) Ordinance 2018 (2018 Amendment Ordinance) was gazetted on 19 January 2018.  Under the 2018 Amendment Ordinance, AVD at Scale 1 are divided into Part 1 (a flat rate of 15%) and Part 2 (original Scale 1 rates under the 2014 (No. 2) Amendment Ordinance) with effect from 5 November 2016.  Part 1 of Scale 1 applies to instruments of residential property and Part 2 of Scale 1 applies to instruments of non-residential property.  The 2018 Amendment Ordinance provides that any instruments of residential property executed on or after 5 November 2016 for the sale and purchase or transfer of residential property, unless specifically exempted or provided otherwise, will be subject to AVD at the rate under Part 1 of Scale 1, i.e. a flat rate of 15% of the consideration or value of the residential property, whichever is the higher.   For HKPRs who change their residential property and wish to claim partial refund of the AVD paid on acquisition of the new property, the 2018 Amendment Ordinance also extends the time limit for the disposal of the original property from within 6 months to within 12 months after the date of conveyance of the new property if the new property is acquired on or after 5 November 2016.  

The Stamp Duty (Amendment) (No. 2) Ordinance 2018 (2018 (No. 2) Amendment Ordinance) was gazetted on 20 April 2018.  Under the 2018 (No. 2) Amendment Ordinance, unless specifically exempted or otherwise provided in the law, acquisition of more than 1 residential property under a single instrument executed on or after 12 April 2017 will be subject to AVD at the rate under Part 1 of Scale 1 – a flat rate of 15%, even if the purchaser/transferee is a HKPR who is acting on his/her own behalf and does not own any other residential property in Hong Kong at the time of acquisition.

The Stamp Duty (Amendment) Ordinance 2021 (2021 Amendment Ordinance) was gazetted on 19 March 2021.  Under the 2021 Amendment Ordinance, unless provide otherwise, any instrument executed on or after 26 November 2020 for the sale and purchase or transfer of non-residential property will be subject to AVD at the rates under Scale 2.

 


Please refer to the FAQs and the illustrative examples for AVD –  Scale 1 and Scale 2

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Buyer's Stamp Duty (BSD)

  • Foreword –

    The Stamp Duty (Amendment) Ordinance 2014 (Amendment Ordinance) was gazetted on 28 February 2014. Among others, the Amendment Ordinance imposes Buyer's Stamp Duty (BSD) on residential property transactions with effect from 27 October 2012. Unless the transaction is exempted from BSD, any agreement for sale or conveyance on sale for acquisition of any residential property executed on or after 27 October 2012 will be subject to BSD. BSD is charged on residential property transactions, on top of the existing ad valorem stamp duty and the special stamp duty, if applicable.

  • Q & A for Buyer's Stamp Duty (BSD)
  • Illustrative examples of the application and computation of BSD 

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Special Stamp Duty (SSD)

  • Foreword –

    With effect from 20 November 2010, unless the transaction is exempted from Special Stamp Duty (SSD) or SSD is not applicable, any residential property acquired on or after 20 November 2010, either by an individual or a company (regardless of where it is incorporated), and resold within 24 months (the property was acquired on or after 20 November 2010 and before 27 October 2012) or 36 months (the property was acquired on or after 27 October 2012), will be subject to SSD.

  • Q & A for Special Stamp Duty (SSD)
  • Illustrative examples of the application and computation of SSD

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Stamp duty on transactions under Shanghai Connect and Shenzhen Connect

 


Stamp duty on Mutual Recognition of Funds between the Mainland and Hong Kong

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Stamp Duty Assessment

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One-stop Company and Business Registration and One-stop Notification of Change of Company Particulars

 

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Application for Business Registration Through the Internet

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Application for Business Registration Documents

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Internet Business

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Exemption from payment of Business Registration fee and levy

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Returns

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 Two-tiered Profits Tax Rates Regime

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Salaries tax concessions for eligible carried interest

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Greater Bay Area Youth Employment Scheme - Tax Issues

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Chargeability to Profits Tax on Gain from Property Transactions

 

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Application for Holdover of Provisional Tax

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Election for Personal Assessment

 

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Allowances and Deductions

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Payments and Refunds

 

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Tax Reserve Certificates

 

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e-Seminars

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Request for a Notice of No Objection (NNO) to a Company / Limited Partnership Fund (LPF) Being Deregistered

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Others