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.
◎適用於在2010年11月20至2012年10月26日期間取得的住宅物業:
If the property was acquired between 20 November 2010 and 26 October 2012,
(i)持有期為6個月或以內
(i)15% if the property has been held for six months or less;
稅率15%
Tax Rate
(i i) 持有期超過6個月但在12個月或以內,
(i i)10% if the property has been held for more than six months but for 12 months or less; and
稅率10%
Tax Rate
(iii) 持有期超過12個月但在24個月或以內
(iii) 5% if the property has been held for more than 12 months but for 24 months or less.
稅率5%
Tax Rate
◎適用於在2012年10月27日或以後取得的住宅物業:
If the property was acquired on or after 27 October 2012
(i)持有期為6個月或以內,
(i)20% if the property has been held for six months or less;
稅率20%
Tax Rate
(i i) 持有期超過6個月但在12個月或以內,
(ii)15% if the property has been held for more than six months but for 12 months or less; and
稅率15%
Tax Rate
(iii) 持有期超過12個月但在36個月或以內,
(iii) 10% if the property has been held for more than 12 months but for 36 months or less.
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.
A limited company, regardless of the residency status of its shareholders and directors, will be liable to BSD if it acquires a residential property on or after 27 October 2012.
The non-HKPR will be liable to BSD if 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 at 15% on the stated consideration or the market value of the property (whichever is the higher).
◆從價印花稅Ad valorem stamp duty ( AVD)
第1及第2標準稅率(Proposed new AVD rate)
◎住宅物業Residential Premises
財政司司長於 2016年11月4日宣佈,政府將修訂《印花稅條例》以調高住宅物業交易的「從價印花稅」稅率至劃一15%。根據政府的建議,任何在 2016年11月5日或以後簽立以買賣或轉讓住宅物業的文書,除獲豁免或另有規定外,均須按新的「從價印花稅」稅率繳付「從價印花稅」,稅率劃一為物業的售價或價值(以較高者為準)的15% 。
On 4 November 2016, the Government announced that the Stamp Duty Ordinance would be amended to increase the AVD rates for residential property transactions to a flat rate of 15%. Under the Government’s proposal, any instrument 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 the proposed new AVD rate (a flat rate at 15% of the consideration or value of the residential property, whichever is the higher).
Any instrument executed on or after 5 November 2016 for the sale and purchase or transfer of residential property, unless specifically exempted or provided otherwise, A HKPR acquiring a residential property where he/she is acting on his/her own behalf and does not own any other residential property in Hong Kong at the time of acquisition will continue to be subject to AVD at Scale 2 rates. The refund mechanism under the existing regime for HKPR buyer who changes his/her single residential property will also be retained. The amendment will not affect transactions relating to non-residential properties either.
On 25 November 2020, the Chief Executive announced the introduction of amendments to the Stamp Duty Ordinance to abolish the Doubled Stamp Duty on non-residential property transactions with effect from 26 November 2020. Specifically, the Stamp Duty (Amendment) Bill 2020 (the Bill) proposes to revert the AVD rates on certain instruments dealing with non-residential property from the rates under Part 2 of Scale 1 to the rates under Scale 2. Subject to the enactment of the Bill by the Legislative Council (LegCo), unless otherwise provided, 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.
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