STAMP DUTY ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Duties in Schedule to be raised

   3   Surcharge on rates in Schedule

   4   Power of Minister to alter Schedule

   5   References to Commissioner, etc

   6   [Deleted by Act 12 of 1985 Sch.]

   7   [Deleted by Act 12 of 1985 Sch.]

   8   Minister may make and alter rules and prescribe forms

   9   Custody and distribution of stamps

   10   Scale of moneys to be demanded on sale of stamps

   11   Penalty for demand beyond the stamp and rate hereby fixed

   12   Certificate of admission of Barristers and Solicitors to be stamped under this Act

   13   Bankers, etc, to take out licence to enable them to issue unstamped notes

   14   Licence to person in partnership to continue in force notwithstanding alteration in partnership

   15   Composition for duty on cheques, etc

   16   Records or documents to enable stamp duty on insurance and assurance to be checked

   17   Inspection of books and records of insurance and assurance companies

   18   Application of sections 16 and 17 of this Act

   19   Time policy of marine insurance not to exceed twelve months

   20   Policy for voyage and policy for time

   21   Statement of share capital of companies to be registered

   22   Statement of share capital of company incorporated by letters patent or by any statute

   23   Letters or Powers of Attorney appointing proxy to vote

   24   Instrument, etc, to operate only for one purpose unless addition ally stamped

   25   Duties may be made up of several stamps

   26   Stamps to be impressed except where otherwise provided, and adhesive stamp where provided to be cancelled

   27   Penalty for not cancelling adhesive stamps

   28   Frauds in connection with adhesive stamps

   29   Stamping of unstamped instrument liable to stamp duty under any former Statute

   30   Composition for duty on receipts

      Composition for duty on inward customs warrants

   30B   No surcharge on inward customs warrant

   30C   Value of goods in determining additional stamp duty payable

   30D   Power of Minister respecting remission and exemption of additional stamp duty on inward customs warrants

   30E   Security for additional stamp duty on provisional entry of goods

   31   Minister to provide adhesive stamps

   32   Stamping documents after execution

   33   Definition of bill of exchange

   34   Exemptions

   35   Bills of exchange, promissory notes or foreign bills of lading not to be stamped after seven days

   36   Unstamped documents not to be admitted in evidence

   37   If consideration expressed on any instrument less than actually paid instrument void

   38   Instruments made out of this Island to be stamped before given in evidence

   39   Foreign bills of exchange drawn in sets

   40   Letter acknowledging payment of money to be stamped as receit

   41   Unstamped instrument evidence in criminal proceedings

   42   Auditor-General may admit unstamped vouchers in certain cases

   43   Officer of Court to call attention of Judge to omission or insufficiency of stamps

   44   Officer on payment to endorse memorandum thereof on instrument, and pay over moneys to Commissioner

   45   Commissioner on production of such document with memorandum, to stamp same

   46   Return of stamp duties and penalties in circuit and Resident Magistrates' Courts

   47   Deputy Keeper of Records to give stamped receipts for instruments to be recorded

   48   Penalty on public officer for recording instrument not duly stamped, or issuing copies without stamps, etc

   49   Penalty for giving receipt expressed for less sum than received

   50   Penalty for issuing, etc, unstamped bill for exchange or promissory note

   51   Insurance

   52   Travel tickets

   53   Composition for duty on travel tickets

   54   Requirement for travel tickets to be presented to immigration officer

   55   No surcharge on travel tickets

   56   Telephone bills

   57   Composition of duty on telephone bills

   58   Inspection of books and records of telephone utility

   59   Interpretation of sections 56 to 59 (inclusive)

   60   No surcharge on telephone bills

   61   Receipts

   62   Bills of lading

   63   Letters of allotment, scrip, etc

   64   Penalty for neglect to deliver statement required by sections 21 and 22

   65   Penalty for giving, etc, unstamped instrument

   66   Recovery of penalties

   67   Application of penalties

   68   Exchange of spoiled stamps

   69   The following shall be allowed as spoiled stamps

   70   Spoiled stamps to be destroyed

   71   Improper use of stamp or die, etc

   72   Prosecutions to be in the name of Her Majesty or Attorney-General

   73   Penalty for fraudulent act, etc, with intent to defraud Her Majesty

   74   Refund of overpaid duty

   75   Stamp duty on hire purchase agreements

   76   Certain contracts to be chargeable as conveyances on sale

      Stamp duty on conveyances and transfers

   77   Stamp duties under other statutes

   78   Instruments liable to stamp duty

   79   Power of Commissioner to require evidence

   80   Bills of exchange accepted or payable outside Jamaica and not stamped valid and receivable in evidence on payment of duty and penalty

      General power of Commissioner to agree to composition of stamp duty

   80B   Remission of duty

   81   Interpretation Clause

   82   Savings

      SCHEDULE

 

THE STAMP DUTY ACT

[Date of Commencement: 13th July, 1937]

Cap 366.

Laws
45 of 1958,
16 of 1962.

Acts
11 of 1962,
2 of 1963,
16 of 1963,
7 of 1964,
7 of 1967,
42 of 1969,
3 of 1970,
8 of 1971,
11 of 1971,
15 of 1972,
10 of 1973,
14 of 1973,
7 of 1974,
19 of 1974,
38 of 1974,
6 of 1980,
10 of 1984,
12 of 1985,
3 of 1986,
16 of 1991,
21 of 1991,
33 of 1995,
32 of 1997,
11 of 1999,
17 of 2000.

LNs
210/1962,
382/1970,
116/1987,
188A/1987,
35A2/1988,
31C/1994,
86/1999,
165/1999,
148/2001,
104A1/2002,
47/2003,
1132">A/2003,
1441">A/2003,
761">A/2004,
7A/2005.

1   Short title

   This Act may be cited as the Stamp Duty Act.

2   Duties in Schedule to be raised

   There shall be raised, for the use of the Government of this Island, upon and in respect of the several instruments mentioned in the Schedule the several duties therein respectively specified:

   Provided, however that nothing herein contained shall extend, or be deemed or construed to extend to charge with stamp duty any instrument which by any enactment heretofore passed and in force on the 30th July, 1937, is expressly exempt from stamp duty.

3   Surcharge on rates in Schedule

   There shall be charged and collected, for the use of the Government of this Island, in respect of any of the several instruments mentioned in the Schedule on which the duty payable exceeds the sum of ten dollars, in addition to the duty specified in such Schedule, a surcharge equivalent to twenty-five per centum of such duty.

4   Power of Minister to alter schedule

   (1) The Minister responsible for finance may by order revoke, increase, reduce or alter any duty specified in the Schedule and may add any duty thereto.

[7/1967 s 2.]

   (2) Any amendment made to the Schedule by an order under subsection (1) may contain such consequential, supplemental or ancillary provisions as appear to the said Minister to be necessary or expedient for the purpose of giving due effect to the order and, without prejudice to the generality of the foregoing, may contain provisions avoiding or modifying the application of section 3 in relation to any duty.

   (3) An order made under subsection (1) shall be subject to affirmative resolution of the House of Representatives.

5   References to Commissioner and Deputy Commissioner

   References in this Act to the Commissioner and the Deputy Commissioner shall be construed as references to the Commissioner of Taxpayer Audit and Assessment and the Deputy Commissioner of Tax payer Audit and Assessment appointed pursuant to section 11E of the Revenue Administration Act.

[12/1985 Sch; LN 165/1999.]

6   [Deleted by Act 12 of 1985 Sch.]

7   [Deleted by Act 12 of 1985 Sch.]

8   Minister may make and alter rules and prescribe forms

   The Minister may from time to time make rules, and may also from time to time rescind, alter and amend the same with respect to the following matters, viz-

   (a)   as to the methods and practice to be adopted for impressing or perforating stamps;

   (b)   generally for giving full effect to the objects and intention of this Act.

   The Minister may also prescribe all forms which he may deem desirable, in connection with the management of stamp duties.

   Penalties not exceeding one thousand dollars may be imposed for any breach of the rules framed under the authority of this Act.

   Such rules shall be published for three consecutive weeks in the Gazette, and shall thereafter have the force and effect of law.

9   Custody and distribution of stamps

   (1) All adhesive stamps, whether provided for postage or for revenue, or for postage and revenue purposes, and all stamped papers provided for postage purposes, shall be kept in the custody of the Postmaster General.

[7/1967 s 3(b).]

   (2) All other stamped papers and printed forms shall be kept in the custody of the Commissioner.

[LN 165/1999.]

   (3) It shall be lawful for the Minister from time to time to appoint distributors of stamps, to whom the Postmaster General or Commissioner, as the case may be, shall issue such quantity of adhesive stamps and stamped papers, and printed forms of the respective denominations or values as may be necessary to meet the demands of the public, and each distributor of stamps shall account to the Postmaster General or Commissioner, as the case may be, from time to time, as the Minister shall direct, for all such stamps, stamped paper, and printed forms, and for all moneys received any him for or on account of the sale of such stamps, stamped paper, and printed forms, and pay over such moneys at such periods and in such manner as may be fixed by the Minister

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