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Stamp Duty Act, 2005 - Act 689

From The Legal and Regulatory Framework of Ghana
Revision as of 04:50, 8 August 2024 by Oblitey (talk | contribs) (Created page with "==ARRANGEMENT OF SECTIONS== ''Provisions applicable to instruments generally'' :1. Charge of duties in Schedule :2. Instruments to be separately charged with duty :3. Assessment of duty :4. Impressed and adhesive stamp :5. Instruments written on stamped material :6. Circumstances affecting duty to be set out in instruments :7. Mode of calculation of ad valorem duty in certain cases :8. Cancellation of adhesive stamps :9. Denoting stamp :10. Commissioner may be required...")
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ARRANGEMENT OF SECTIONS

Provisions applicable to instruments generally

1. Charge of duties in Schedule
2. Instruments to be separately charged with duty
3. Assessment of duty
4. Impressed and adhesive stamp
5. Instruments written on stamped material
6. Circumstances affecting duty to be set out in instruments
7. Mode of calculation of ad valorem duty in certain cases
8. Cancellation of adhesive stamps
9. Denoting stamp
10. Commissioner may be required to express opinion
11. Instruments to be stamped as assessed

Stamping of instruments after execution

12. Stamping of instruments after execution

Particulars about land

13. Particulars about land
14. Instruments and title registered in the land or title registry

Provisions applicable to particular instruments

15. Calculation of ad valorem duty in respect of stock and securities
16. Calculation of ad valorem duty on periodical payments
17. Calculation of ad valorem duty on mortgage or conveyance in respect of a debt
18. Direction as to duty in certain cases
19. Conveyance other than a sale
20. Stamp duty on gifts inter vi vas
21. Stamping of duplicates and counterparts
22. Agreement chargeable as lease
23. Certain covenants not to increase duty
24. Cancellation of stamps on memorandum of hypothecation
25. Stamping of mortgages
26. Mortgages for undefined amounts

Stamp duties management

27. Administration of Act
28. Act to apply to all stamp duties
29. Moneys received for duty

Objections and appeals

30. Objection to assessment
31. Appeal against assessment
32. Admissibility of insufficiently stamped or un stamped instrument

Proceedings

33. Compounding offences
34. Venue for trial
35. Amounts payable
36. Waiver or variation of duty
37. Deferment of duty due
38. Refund of excess duty
39. Remission of penalty

Offences

40. Failure to cancel adhesive stamps
41. Failure to disclose full facts about an instrument
42. Registering instruments not stamped
43. Impeding administration of Act
44. General penalty

Miscellaneous provisions

45. Recovery of penalties
46. Registers, books to be open to inspection
47. Duty as a debt due to the State
48. Electronic service of documents and assessments
49. Regulations
50. Interpretation
51. Repeals
52. Commencement

PURPOSE

AN ACT to revise the Stamp Act 1965 (Act 311); to incorporate amendments relating to stamp duties and to provide for related matters.

DATE OF ASSENT

17th May, 2005.

ACT