Stamp Duty copy
*See Note on Amendments on page 3
*24 of 1981
98/1981
11/1984
4/1985
17 of 1985
23/1985
198/1985
1 of 1986
3/1986
14 of 1987
11 of 1988
4 of 1989
37 of 1989
9 of 1990
3 of 1991
6 of 1991
4 of 1992
1 of 1993
19 of 1964
29 of 1966
45 of 1969
16 of 1971
5 of 1972
6/1972
30 of 1972
31/1972
30 of 1974
6/1975
41 of 1975
68 of 1975
46 of 1979
203/1979
21 of 1980
22 of 1980
47 of 1980
34 of 1922
28 of 1924
31 of 1928
4 of 1929
13 of 1931
8 of 1932
8 of 1937
8 of 1941
6 of 1942
22 of 1945
47 of 1951
14 of 1952
13 of 1958
34 of 1960
2 of 1962
9 of 1962
67/1962
6 of 1993
22 of 1993
3 of 1994
5 of 1995
35 of 1998
35 of 2000
50 of 2000
91 of 2000
2 of 2002
*5 of 2003
*11 of 2003
5 of 2004
*17 of 2007
*1 of 2009
13 of 2010
2 of 2012
2 of 2013
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–2 ..
3–40 ..
41–50 ..
51–71 ..
Act
28 of 1908
Amended by
LAWS OF TRINIDAD AND TOBAGO
STAMP DUTY ACT
CHAPTER 76:01
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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2 Chap. 76:01 Stamp Duty
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Index of Subsidiary Legislation
Page
Stamp Duty Regulations (GN 123/1955) … … … … 61
Stamp Duty (Fees) Regulations (GN 125/1958) … … … … 67
Stamp Duty (Payment of Fees) Order (GN 126/1958) … … … 71
Note on Omissions
Stamp Duty (Exemption) Orders:
Legal Notices 85, 139, 148, 202, 214, 236 and 237/1987; 57, 102, 104, 105, 106, 107, 110,
134, 137, 138, 139, 140, 141, 158, 230 and 244/1988; 55, 61, 69, 82, 98, 116, 121, 126,
144, 161, 183, 207 and 208/1989; 16, 72, 82, 105, 153, 191, 209 and 221/1990; 34/1991
(Amended by 148/1991; 66/1992 and 84/1993); 49/1991.
Note on Exemption from Stamp Duty
See the following Acts for exemptions from the payment of Stamp Duty:
A. See Section 34B of the Trinidad and Tobago Electricity Act (Ch. 54:70).
B. Section 5 of the Petrotrin Vesting Act (Ch. 62:07).
C. See Section 6 of BWIA International Airways Limited (Vesting) Act (Ch. 49:04).
D. See Section 4(5) of the Tourism and Industrial Development Company of Trinidad
and Tobago Limited Vesting Act (Ch. 87:21).
E. See Section 35(2) of the National Library and Information Systems Act (Ch. 40:01).
Note on Transfer of Provisions
Sections 2 and 3 of Act No. 23 of 1886 were incorporated in this Act in the 1940 Edition.
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 52/1980, but no marginal reference is made
to this Notice where any such amendment is made in the text.
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Note on Amendments
Act No. 24 of 1981
Sections 19(2), 57(3) and 66 have been amended by Act No. 24 of 1981 (i.e. the Land Registration
Act, 1981). However, Act No. 24 of 1981 has been repealed by the Registration of Titles Act, 2000
(Act No. 16 of 2000) but Act No. 16 of 2000 had not, up to the date of the revision of this Act,
been brought into operation.
Act No. 5 of 2003
See Act No. 5 of 2003 for validation of the cancellation of postage stamps affixed to any
instrument in relation to the payment of stamp duty.
Act No. 11 of 2003
SeeAct No. 11 of 2003 for validation of certain leases and the waiver of penalties with respect
to such leases.
Note on First Schedule
(1) with respect to Section 18(2) of Act No. 17 of 2007
Stamp duty charged by the Board of Inland Revenue mentioned in the First Schedule—
(a) with respect to item (2) under the heading “Conveyance or transfer on Sale
of any property ”; or
(b) under the heading “Mortgage, Bond, Debenture, Covenant, Bill of Sale or
Warrant of Attorney to confess and enter up judgment” with respect to
exemption on Mortgage Deeds;
between 1st January 2007 and 10th July 2007 is validated.
(2) with respect to Section 25 of Act No. 17 of 2007
Section 25 of Act No. 17 of 2007 provides that the amendments to the First Schedule shall
come into effect from 1st January 2007.
(3) with respect to Section 15 of Act No. 1 of 2009
Section 15 of Act No. 1 of 2009 provides that the amendments to the First Schedule came into
effect from 1st October 2008.
UNOFFICIAL VERSION
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CHAPTER 76:01
STAMP DUTY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
DUTIES GENERALLY
3. Duties imposed.
4. Name and management of duties.
5. Regulations.
6. Collection of fees by stamps.
Regulations.
7. Custody of stamps, dies, etc., and issue of stamps.
8. Issue of impressed stamps.
9. Prepayment necessary.
ALLOWANCE FOR SPOILED STAMPS
10. Allowance for spoiled stamps.
11. Allowance for misused stamps.
12. Allowance, how to be made.
13. Stamps not wanted may be re-purchased by the Board.
CHARGE OF DUTY UPON INSTRUMENTS
14. How instruments are to be written and stamped.
14A. Validation of certain instruments.
15. Instruments to be separately charged with duty in certain cases.
16. Facts and circumstances affecting duty to be set forth in instruments.
17. Calculation of ad valorem duty in certain cases.
USE OF ADHESIVE STAMPS
18. Cancellation of adhesive stamps.
4 Chap. 76:01 Stamp Duty
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DENOTING STAMPS
19. When duty on one instrument depends on duty on another.
Land partly under Real Property Act.
20. Auditor General may admit unstamped voucher.
ADJUDICATION STAMPS
21. Assessment of duty by Board.
Persons dissatisfied may appeal.
PRODUCTION OF INSTRUMENTS IN EVIDENCE
22. Terms upon which instruments not duly stamped may be
received in evidence.
23. Recovery of moneys received not appropriated.
STAMPING OF INSTRUMENTS AFTER EXECUTION
24. Penalty on stamping instruments after execution.
Execution out of Trinidad and Tobago.
25. (Repealed by Act No. 37 of 1989).
26. Penalty for enrolling, etc., any instrument not duly stamped.
PART II
REGULATIONS APPLICABLE
TO PARTICULAR INSTRUMENTS
ADMISSIONS
27. Admissions.
28.
to
29.
BILLS OF EXCHANGE AND PROMISSORY NOTES
30. Meaning of “bill of exchange”.
31. Meaning of “promissory note”.
32.
to (Repealed by Act No. 37 of 1989).
37.
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(Repealed by Act No. 5 of 2004).
SECTION
}
}
UNOFFICIAL VERSION
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BILL OF HEALTH
38. Stamp on bill of health.
39. (Repealed by Act No. 37 of 1989).
CONVEYANCES ON SALE
40. Meaning of “conveyance on sale”.
41. Calculation of duty in respect of stock and securities.
42. How consideration consisting of periodical payments to be charged.
43. How conveyance in consideration of a debt, etc., to be charged.
44. Duty where property conveyed in separate parcels.
Sub-purchases.
45. Sale of annuity or right not before in existence.
46. Relief from transfer stamp duty in case of reconstructions or
amalgamations of companies.
46A. Exemption on transfer of tourism project.
CONVEYANCES ON ANY OCCASION EXCEPT
SALE OR MORTGAGE
47. How duty charged.
47A. Conveyance or transfer in contemplation of sale to attract
ad valorem stamp duty.
47B. How duty is chargeable when residential property is used as
commercial property.
GIFTS INTER VIVOS
48. Stamp duty on gifts inter vivos.
DUPLICATES AND COUNTERPARTS
49. How to be stamped.
EXCHANGE, PARTITION OR DIVISION
50. Partition or division.
LEASES
51. Agreement for a lease.
52. Leases, how to be charged in respect of produce.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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53. Directions as to duty in certain cases.
54. Adhesive stamp on lease.
MORTGAGES
55. Meaning of “mortgage”.
56. Security for transfer of stock.
57. Security for future advances, how to be charged.
NOTARIAL ACTS
58. Duty may be denoted by adhesive stamp.
POLICIES OF INSURANCE
59. Meaning of “policy of insurance”.
60. (Repealed by Act No. 2 of 2002).
POLICIES OF SEA INSURANCE
61. Meaning of “policy of sea insurance”.
62. Contract to be in writing.
63. Policy for voyage and time chargeable with two duties.
64. No policy valid unless duly stamped.
65. Alterations in policies may be made under certain restrictions.
POWER OF ATTORNEY
66. Indemnity of Comptroller of Accounts.
67. (Repealed by Act No. 5 of 2004).
REMITTANCE OR REFUND OF STAMP DUTY
68. Remittance by the President.
69.
to
70.
SETTLEMENTS
71. Settlement of money due on policy or security.
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} (Repealed by Act No. 37 of 1989).
SECTION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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72. Settlements when not to be charged as securities.
73. Where several instruments, one only to be charged with
ad valorem duty.
SHARE WARRANTS
74. Issuing share warrant not duly stamped.
STOCK CERTIFICATES TO BEARER
75. Penalty for issuing stock certificate unstamped.
MISCELLANEOUS
76. Conditions and agreements as to duty, void.
77. Assignment of life policy to be stamped before payment of
sum assured.
PART III
OFFENCES RELATING TO STAMPS
78. Criminal offences relating to stamps.
79. Proceedings for the detection of offences.
80. Frauds in relation to adhesive stamps.
81. Defacing adhesive stamps.
82. Fraud not specially provided for.
83. Proceedings for the detection of stamps stolen or obtained
fraudulently.
84. Possession of forged stamps.
85. Search warrant for forged stamps.
86. Execution of warrant.
87. Recovery of penalties.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE. } (Repealed by Act No. 5 of 1995).
ARRANGEMENT OF SECTIONS—Continued
SECTION
8 Chap. 76:01 Stamp Duty
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Stamp Duty Chap. 76:01 9
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CHAPTER 76:01
STAMP DUTY ACT
An Act relating to Stamp Duties.
[15TH JUNE 1908]
1. This Act may be cited as the Stamp Duty Act.
2. In this Act—
“Appeal Board” means the Appeal Board established under
section 3 of the Tax Appeal Board Act;
“Board” means the Board of Inland Revenue;
“die” includes any plate, type, tool, implement, apparatus,
appliance, device, process or any part or combination
thereof and any other means whatsoever, used by or under
the direction of the Board for denoting—
(a) any duty, or rate of duty;
(b) the fact that any duty or rate of duty or penalty
has been paid;
(c) that an instrument is duly stamped or is not
chargeable with any duty;
(d) any fee;
“executed” and “execution”, with reference to instruments not
under seal, means signed and signature;
“impressed” includes any method of applying, producing or
indicating a stamp on instruments or material by means of
a die;
“instrument” includes every written document;
“marketable security” includes all security of such a description
as to be capable, according to the use and practice of stock
markets, of being bought and sold;
“material” includes every sort of material upon which words or
figures can be expressed;
1950 Ed.
Ch. 33. No. 4.
28 of 1908.
Commencement.
Short title.
Interpretation.
[29 of 1966
2 of 2012].
Ch. 4:50.
UNOFFICIAL VERSION
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“money” includes all sums expressed in any Commonwealth
or any foreign currency;
“person” includes any company, corporation, society, firm or
co-partnership;
“Postmaster General” means the officer officiating as such for the
purposes of the Trinidad and Tobago Post;
“stamp” means—
(a) any stamp, image, type, mark, seal, impression,
imprint or perforation, whatsoever, impressed
by means of a die;
(b) any receipt in whatever form issued by or under
the direction of the Board; or
(c) an adhesive stamp issued by or under the
direction of the Board,
for denoting any duty or fee;
“stamped”, with reference to instruments and material, applies as
well to instruments and material impressed with stamps by
means of a die as to instruments and material having
adhesive stamps affixed thereto.
PART I
DUTIES GENERALLY
3. Subject to the exemptions contained in the First
Schedule, there shall be raised, levied, collected and paid to the
State upon and in respect of the several instruments specified in
the said Schedule, the several duties specified in the Schedule.
4. The duties imposed and regulated by this Act shall be
denominated stamp duties, and shall be under the management of
the Board, who shall have all necessary powers and authorities
for carrying this Act into execution, subject however, to the
general control and direction of the Minister.
5. The Minister may, subject to this Act, make Regulations—
(a) defining the duties of the Board in relation to the
determination and collection of the stamp duty
payable on any instrument;
Ch. 47:02.
Duties imposed.
[17 of 1985].
First Schedule.
Name and
management
of duties.
Regulations.
10 Chap. 76:01 Stamp Duty
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Stamp Duty Chap. 76:01 11
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L.R.O.
(b) defining what is denoted by any words in
the Schedule of duties, and the mode of the
apportionment of the proceeds of the sale of
stamps between different departments;
(c) for the guidance of the several officers whose
duty it may be to issue stamps or to examine
documents to ascertain that the same are duly
stamped or to receive or issue or stamp any
document tendered to them;
(d) prescribing which of the stamp duties in the
Schedule shall be collected by means of
adhesive or impressed stamps, respectively;
(e) allowing fees which may legally be denoted by
adhesive stamps to be denoted by adhesive
postage stamps, and the stamps so allowed to
be used shall be adhesive stamps within the
meaning of this Act;
(f) prescribing such matters with regard to the
custody, issue, use of and accounting for the dies,
presses and impressed stamps, respectively, as
shall seem fit;
(g) as to the assessment of duty by the Board and
the procedure to be followed by persons
requiring such assessment;
(h) providing for any matters which are authorised
by this Act to be prescribed.
6. (1) The fees payable in any Court or public office shall
be collected either in money or by means of stamps, or partly in
one way and partly in the other way, as may be from time to time
directed by Order of the Minister.
(2) The Minister may make Regulations for all or any
of the following purposes respecting fees in any Court or
public office:
(a) regulating the manner in which the fees, taken
in money, are to be taken, accounted for, and
paid over;
Collection of
fees by stamps.
Regulations.
UNOFFICIAL VERSION
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(b) determining the use of impressed or adhesive
stamps, and the mode of cancellation of
adhesive stamps;
(c) regulating the use of stamps, and prescribing
the application thereof to documents from time
to time in use, and requiring documents to be
used for the purpose of such stamps.
(3) Such Regulations shall apply to the Court or office
named in the Regulations, and shall be binding on all Courts,
officers and persons to whom the Regulations refer, in the same
manner as if they were enacted by this Act.
(4) Any document which ought to bear a stamp in
pursuance of any Regulations made under this section shall not be
received, filed, used or admitted in evidence unless or until it is
properly stamped within the time prescribed by the Regulations,
but if any such document is, through mistake or inadvertence,
received, filed or used without being properly stamped, the same
may be stamped under the direction of such Court or person, and
under such conditions as may be prescribed by the Regulations.
(5) Any Regulations under this section, so far as they
relate to the Supreme Court, shall be made with the consent of the
Chief Justice.
7. (1) All stamps shall be lodged and deposited with the
Comptroller of Accounts who shall issue to the Board and the
Trinidad and Tobago Post such stamps as may be required by them.
(2) The Board and the Trinidad and Tobago Post shall be
responsible for the sale and disposal of stamps issued to them in
accordance with law.
(3) The Board shall have the custody and control of all
dies and presses for the impressing of stamps, and may, subject
to any regulations under section 6, authorise the impressing of
stamps on any material, blank or executed, and either singly or in
books or files, as the case may be, that shall be presented to the
Board for this purpose.
12 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
Custody of
stamps, dies,
etc., and issue
of stamps.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty Chap. 76:01 13
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L.R.O.
Issue of
impressed
stamps.
Prepayment
necessary.
Allowance for
spoiled stamps.
[37 of 1989].
8. Material bearing impressed stamps may from time to
time be issued by the Board to public officers and, when so
issued, shall be accounted for by such officers.
9. No public officer shall supply or affix any stamp unless
the amount of such stamp has been previously paid by the party
requiring the same.
ALLOWANCE FOR SPOILED STAMPS
10. (1) Subject to such regulations as the Board may think
proper to make, and to the production of such evidence by statutory
declaration or otherwise as the Board may require, allowance shall
be made by the Board for stamps spoiled in the following cases:
(a) the stamp on any material inadvertently and
undesignedly spoiled, obliterated, or by any
means rendered unfit for the purposes intended,
before the material bearing the signature of any
person or any instrument written thereon is
executed by any party;
(b) any adhesive stamp which has been
inadvertently and undesignedly spoiled or
rendered unfit for use and has not in the opinion
of the Board been affixed to any material;
(c) any adhesive stamp representing a fee capable of
being collected by means of such stamp which
has been affixed to material, provided that a
certificate from the proper officer is produced to
the effect that a stamp should be allowed;
(d)
(e) (Deleted by Act No. 37 of 1989);
(f)
(g) the stamp used for an instrument executed by
any party thereto which—
(i) is afterwards found to be absolutely void
from the beginning;
(ii) is afterwards found unfit, by reason of any
error or mistake therein, for the purpose
originally intended;
}
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(iii) has not been made use of for any purpose
whatever and which, by reason of the
inability or refusal of some necessary
party to sign the same or to complete the
transaction according to the instrument, is
incomplete and insufficient for the
purpose for which it was intended;
(iv) by reason of the refusal of any person to
act under the same, or for want of
enrolment or registration within the time
required by law, fails of the intended
purpose or becomes void;
(v) is inadvertently and undesignedly spoiled,
and in lieu whereof another instrument
made between the same parties and for the
same purpose is executed and duly
stamped, or which becomes useless in
consequence of the transaction intended
to be thereby effected being effected by
some other instrument duly stamped.
(2) (a) The application for an allowance under
subsection (1) shall be made within two years after the stamp has
been spoiled or becomes useless or, in the case of an executed
instrument, after the date of the instrument or, if it is not dated,
within two years after the execution thereof by the person by
whom it was first or alone executed, or within such further time
as the Board may prescribe in the case of any instrument sent
abroad for execution, or when from unavoidable circumstances
any instrument for which another has been substituted cannot be
produced within the said period.
(b) In the case of an executed instrument, an
allowance under subsection (1) shall only be made where no
legal proceedings have been commenced in which the instrument
could or would have been given or offered in evidence, and that
the instrument is given up to be cancelled.
14 Chap. 76:01 Stamp Duty
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Stamp Duty Chap. 76:01 15
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L.R.O.
Allowance for
misused stamps.
Allowance, how
to be made.
Stamps not
wanted may be
re-purchased by
the Board.
How
instruments are
to be written
and stamped.
11. When any person has inadvertently used for an
instrument liable to duty a stamp of greater value than was
necessary, or has inadvertently used a stamp for an instrument not
liable to any duty, the Board may, on application made within two
years after the date of the instrument or, if it is not dated, within
two years after the execution thereof by the person by whom it
was first or alone executed, and upon the instrument, if liable to
duty, being stamped with the proper duty, cancel and allow as
spoiled the stamp so misused.
12. In any case in which allowance is made for spoiled or
misused stamps the Board may give in lieu thereof other stamps of
the same denomination and value or, if required and the
Board thinks proper, stamps of any other denomination to the
same amount in value or, in its discretion, the same value in money,
deducting therefrom the discount allowed on the purchase of
stamps of the like description.
13. When any person is possessed of a stamp which has not been
spoiled or rendered unfit or useless for the purpose intended, but for
which he has no immediate use, the Board may, if it thinks fit, repay
to him the value of the stamp in money, deducting the proper discount,
upon his delivering up the stamp to be cancelled, and proving to the
satisfaction of the Board that it was purchased by him at the chief
office or at one of the head offices, or from some person duly
appointed to sell and distribute stamps or duly licensed to deal in
stamps, within the period of two years next preceding the application
and with a bona fide intention to use it.
CHARGE OF DUTY UPON INSTRUMENTS
14. (1) Every instrument written upon stamped material is
to be written in such manner, and every instrument partly or
wholly written before being stamped is to be so stamped, that the
stamp cannot be used for or applied to any other instrument
written upon the same piece of material.
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(2) If more than one instrument is written upon the same
piece of material, every one of the instruments is to be separately
and distinctly stamped with the duty with which it is chargeable.
14A. Notwithstanding any law to the contrary, any instrument
purporting to have been stamped as required by this Act on or
after 1st January 1991 shall be deemed, for the purposes of this
Act, to have been lawfully stamped.
15. Except where express provision to the contrary is made
by this or any other Act—
(a) an instrument containing or relating to several
distinct matters is to be separately and distinctly
charged, as if it were a separate instrument, with
duty in respect of each of the matters;
(b) an instrument made for any consideration in
respect whereof it is chargeable with ad valorem
duty, and also for any further or other valuable
consideration or considerations, is to be
separately and distinctly charged, as if it were a
separate instrument, with duty in respect of
each of the considerations.
16. All the facts and circumstances affecting the liability of
any instrument to duty, or the amount of the duty with which any
instrument is chargeable, are to be fully and truly set forth in the
instrument; and any person who, with intent to defraud the State—
(a) executes any instrument in which all the said
facts and circumstances are not fully and truly
set forth; or
(b) being employed or concerned in or about the
preparation of any instrument, neglects or omits
fully and truly to set forth therein all the said
facts and circumstances,
is liable to a fine of four hundred dollars.
16 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
Validation of
certain
instruments.
[2 of 2012].
Instruments to
be separately
charged with
duty in
certain cases.
Facts and
circumstances
affecting duty to
be set forth in
instruments.
[13 of 1958].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 17
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L.R.O.
Calculation of
ad valorem duty
in certain cases.
Cancellation of
adhesive
stamps.
[13 of 1958].
17. (1) Where an instrument is chargeable with ad valorem
duty in respect of—
(a) any money in any foreign or commonwealth
currency; or
(b) any stock or marketable security,
the duty shall be calculated on the value, on the day of the date
of the instrument, of the money in Trinidad and Tobago currency
according to the current rate of exchange, or of the stock or
security according to the average price thereof.
(2) Where an instrument contains a statement of current
rate of exchange or average price, as the case may require, and is
stamped in accordance with that statement, it is, so far as regards
the subject matter of the statement, to be deemed duly stamped,
unless or until it is shown that the statement is untrue, and that the
instrument is in fact insufficiently stamped.
USE OF ADHESIVE STAMPS
18. (1) An instrument, the duty upon which is required or
permitted by law to be denoted by an adhesive stamp, is not to be
deemed duly stamped with an adhesive stamp unless the person
required by law to cancel the adhesive stamp cancels the same by
writing on or across the stamp his name or initials, or the name or
initials of his firm, together with the true date of his so writing, or
otherwise effectively cancels the stamp and renders the same
incapable of being used for any other instrument or for any
postal purpose, or unless it is otherwise proved that the stamp
appearing on the instrument was affixed thereto at the proper time.
(2) Where two or more adhesive stamps are used to
denote the stamp duty upon an instrument, each or every stamp is
to be cancelled in the manner aforesaid.
(3) Any person who, being required by law to cancel
an adhesive stamp, neglects or refuses duly and effectually to
do so in the manner aforesaid is liable to a fine of two
hundred dollars.
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DENOTING STAMPS
19. (1) Where the duty with which an instrument is
chargeable depends in any manner upon the duty paid upon
another instrument, the payment of such last-mentioned duty
shall, upon application to the Board and production of both the
instruments, be denoted upon the first-mentioned instrument in
such manner as the Board thinks fit.
(2) Where, in any transaction relating partly to lands
subject to the Real Property Act and partly to lands not subject to
the said Act, two sets of instruments liable to the payment of
stamp duty are required to be drawn up, the instruments made in
pursuance of the Real Property Act shall not be chargeable with
any stamp duty whatsoever if the instrument which is not subject
to the said Act is fully stamped according to the true intent and
meaning of the transaction. In every such case the Board shall
write on the instrument made subject to the provisions of the Real
Property Act the words “Stamp duty paid”, and thereupon such
instrument shall be deemed to be stamped with such duty.
20. The Auditor General in the examination of any accounts
may admit and allow, in cases where it appears to him to be
reasonable and expedient for the public service, vouchers for any
moneys expressed therein, although such vouchers are not
stamped according to law. All vouchers so admitted and allowed
shall be admissible in evidence in any Court of law.
ADJUDICATION STAMPS
21. (1) Subject to such regulations as may be prescribed, the
Board may be required by any person to express its opinion with
reference to any executed instrument upon the following questions:
(a) whether it is chargeable with any duty;
(b) with what amount of duty it is chargeable.
(2) The Board may require to be furnished with an
abstract of the instrument, and also with such evidence as it may
deem necessary, in order to show to its satisfaction whether all
the facts and circumstances affecting the liability of the
18 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
When duty on
one instrument
depends on duty
on another.
Land partly
under Real
Property Act.
Ch. 56:02.
Auditor General
may admit
unstamped
voucher.
Assessment of
duty by Board.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty Chap. 76:01 19
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
instrument to duty, or the amount of the duty chargeable thereon,
are fully and truly set forth therein.
(3) If the Board is of opinion that the instrument is not
chargeable with any duty, it may be stamped with a particular
stamp denoting that it is not chargeable with any duty.
(4) If the Board is of opinion that the instrument is
chargeable with duty, it shall assess the duty with which it is in
its opinion chargeable, and when the instrument is stamped in
accordance with the assessment it may be stamped with a
particular stamp denoting that it it is duly stamped.
(5) Subject to the provisions of subsection (6), every
instrument stamped with the particular stamp denoting either
that it is not chargeable with any duty, or is duly stamped, shall
be admissible in evidence and available for all purposes
notwithstanding any objection relating to duty.
(6) (a) An instrument upon which the duty has been
assessed by the Board shall not, if it is unstamped or
insufficiently stamped, be stamped otherwise than in accordance
with the assessment.
(b) Nothing in this section shall extend to any
instrument chargeable with ad valorem duty and made as a
security for money or stock without limit, or shall authorise the
stamping after the execution thereof of any instrument which by
law cannot be stamped after execution.
(c) A statutory declaration made for the purpose of
this section shall not be used against any person making the same
in any proceeding whatever, except in an enquiry as to the duty
with which the instrument to which it relates is chargeable; and
every person by whom any such declaration is made shall, on
payment of the duty chargeable upon the instrument to which it
relates, be relieved from any fine or disability to which he may
be liable by reason of the omission to state truly in the instrument
any fact or circumstance required by this Act to be stated therein.
(7) Any person who is dissatisfied with the assessment
of the Board may, within twenty-one days after the date of the
Persons
dissatisfied may
appeal.
[29 of 1966].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
20 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
assessment, and on payment of duty in conformity therewith,
appeal against the assessment to the Appeal Board, and may for
that purpose require the Board to state and sign a case, setting
forth the question upon which its opinion was required, and the
assessment made by the Board.
(8) The Board shall thereupon state and sign a case and
deliver the same to the person by whom it is required, and the
case may within fifteen days thereafter be set down by the Board
for hearing.
(9) Upon the hearing of the case the Appeal Board shall
determine the question submitted and, if the instrument in
question is in the opinion of the Appeal Board chargeable with
any duty, shall assess the duty with which it is chargeable.
(10) If it is decided by the Appeal Board that the
assessment of the Board is erroneous, any excess of duty which
may have been paid in conformity with the erroneous assessment,
together with any fine or penalty which may have been paid in
consequence thereof, shall be ordered by the Appeal Board to be
repaid to the appellant.
(11) The costs of and incident to an appeal shall be in
the discretion of the Appeal Board.
PRODUCTION OF INSTRUMENTS IN EVIDENCE
22. (1) Upon the production of an instrument chargeable
with any duty as evidence in any Court of Civil Jurisdiction, or
before any arbitrator, notice shall be taken by the Judge,
Magistrate or arbitrator, of any omission or insufficiency of the
stamp thereon, and if the instrument is one which may legally be
stamped after the execution thereof, it may, on payment to the
officer of the Court whose duty it is to receive or read the
instrument, or to the arbitrator, of the amount of the unpaid duty
and the penalty payable on stamping the same and of a further
sum of five dollars, be received in evidence, saving all just
exceptions on other grounds.
Terms upon
which
instruments not
duly stamped
may be received
in evidence.
[13 of 1958].
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UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) The officer, or arbitrator, receiving the duty and
penalty shall give a receipt for the same, and shall communicate
to the Board the name or title of the cause or proceeding in which,
and of the party from whom, he received the duty and penalty, and
the date and description of the instrument, and shall pay over to
the Board the money received by him for the duty and penalty.
(3) On production to the Board of any instrument in
respect of which any duty or penalty has been paid, together with
the receipt, the payment of the duty and penalty shall be denoted
on the instrument.
(4) The decision of the Judge, Magistrate or arbitrator as
to the necessity or sufficiency of a stamp upon any document, or
as to the amount payable as stamp duty thereupon, shall be final.
(5) Save as aforesaid, an instrument executed in any
part of Trinidad and Tobago, or relating, wheresoever executed, to
any property situated, or to any matter or thing done or to be done,
in any part of Trinidad and Tobago, shall not, except in criminal
proceedings, be given in evidence or be available for any
purpose whatever, unless it is duly stamped.
23. (1) Every person who, having received any sum of
money as or for the stamp duty upon or in respect of any
instrument, neglects or omits to appropriate such money to the
due payment of such duty, or otherwise improperly withholds or
detains the same, shall be accountable for the amount of such
duty, and the same shall be a debt from him to the State and
recoverable as such accordingly.
(2) The High Court may, upon application to be made
for that purpose on behalf of the Board, upon such affidavit as
may appear sufficient, grant a rule requiring any such person as
aforesaid, or the officer of any Court or the executor or
administrator of any such person or officer, to show cause why
he should not deliver to the Board an account upon oath of all
stamp duties and sums of money received by such person or
officer, and why the same should be forthwith paid to the Board;
Recovery of
moneys
received not
appropriated.
UNOFFICIAL VERSION
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and the High Court may make absolute any such rule, and
enforce by attachment or otherwise the payment of any such
duties or sums of money as on such proceedings may appear to
be due, together with the costs of the proceedings.
STAMPING OF INSTRUMENTS AFTER EXECUTION
24. (1) Except where otherwise provided in this Act, any
unstamped or insufficiently stamped instrument may be
stamped by the Board after the execution thereof in the manner
provided below:
In the case of an instrument executed in Trinidad
and Tobago—
(a) on payment, within two months after its first
execution, of the unpaid stamp duty; or, if the
instrument has been submitted for the opinion of
the Board in accordance with this Act within
two months of its first execution, on payment of
duty in accordance with the assessment of
the Board within fourteen days after notice of
the assessment;
(b) on payment after two months and within six
months after its first execution—
(i) if the unpaid stamp duty does not exceed
two dollars and fifty cents, of the unpaid
stamp duty and a penalty of two dollars
and fifty cents;
(ii) if the unpaid stamp duty exceeds two
dollars and fifty cents but does not exceed
fifty dollars, of the unpaid stamp duty and
a penalty equal to the amount of the
unpaid stamp duty;
(iii) if the unpaid stamp duty exceeds fifty
dollars, of the unpaid stamp duty together
with a penalty of fifty dollars and a further
penalty of twenty-five cents for every
five dollars or part of five dollars of the
unpaid stamp duty exceeding fifty dollars;
22 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
Penalty on
stamping
instruments
after execution.
[13 of 1958].
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UPDATED TO DECEMBER 31ST 2014
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(c) on payment, after six months and within one year
after its first execution, of the unpaid stamp duty
and double the respective penalties aforesaid;
(d) on payment, after one year, of the unpaid stamp
duty and the respective penalties mentioned in
paragraph (b) in respect of each period or part of
a period of six months elapsing after the first
execution of the said instrument;
(e) in the computation of penalties imposed by this
subsection, all instruments executed before the
22nd February 1905 shall be deemed to have
been executed on that date.
(2) An unstamped or insufficiently stamped instrument
which has been first executed out of Trinidad and Tobago shall,
in relation to stamp duty, be deemed to have been first executed
on the date of its receipt in Trinidad and Tobago.
25. (Repealed by Act No. 37 of 1989).
26. (1) No instrument upon which a stamp duty is payable
shall be registered, enrolled, or entered in or upon any registry,
protocol, rolls, records or books unless such instrument shall be
duly stamped; but any instrument executed before 1st February
1900 may be registered without being duly stamped under this Act.
(2) Any person whose office it is to register, enrol or enter
in or upon any rolls, books or records any instrument chargeable
with duty and who enrols, registers or enters any such instrument
not being duly stamped is liable to a fine of four hundred dollars.
PART II
REGULATIONS APPLICABLE TO
PARTICULAR INSTRUMENTS
ADMISSIONS
27. The stamp duty on the admission of any person as an
Attorney-at-law in the Supreme Court shall be denoted in such
manner as may be prescribed.
Stamp Duty Chap. 76:01 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Execution out
of Trinidad and
Tobago.
Penalty for
enrolling, etc.,
any instrument
not duly
stamped.
[13 of 1958].
Admissions.
[47 of 1980].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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28.
to (Repealed by Act No. 5 of 2004).
29.
BILLS OF EXCHANGE AND PROMISSORY NOTES
30. For the purposes of this Act, the expression “bill of
exchange” includes draft, order, cheque and letter of credit, and
any document or writing (except a bank note) entitling or
purporting to entitle any person, whether named therein or not, to
payment by any other person of, or to draw upon any other
person for, any sum of money.
31. (1) For the purposes of this Act, the expression
“promissory note” includes any document or writing (except a
bank note) containing a promise to pay any sum of money.
(2) A note promising the payment of any sum of money
out of any particular fund which may or may not be available, or
upon any condition or contingency which may or may not be
performed or happen, is to be deemed a promissory note for that
sum of money.
32.
to (Repealed by Act No. 37 of 1989).
37.
BILL OF HEALTH
38. The stamp upon a bill of health shall be cancelled by the
person signing such bill of health.
39. (Repealed by Act No. 37 of 1989).
CONVEYANCES ON SALE
40. (1) For the purposes of this Act, the expression
“conveyance on sale” includes every instrument, and every
decree or order of any Court, whereby any property, or any estate
24 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
}
Meaning of “bill
of exchange”.
[37 of 1989].
Meaning of
“promissory
note”.
Stamp on bill of
health.
Meaning of
“conveyance on
sale”.
}
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty Chap. 76:01 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Calculation of
duty in respect
of stock and
securities.
How
consideration
consisting of
periodical
payments to be
charged.
[13 of 1958].
or interest in any property, upon the sale thereof is transferred
to or vested in a purchaser, or any other person on his behalf or
by his direction.
(2) Notwithstanding subsection (1), a conveyance on
sale made for any consideration in respect whereof it is
chargeable with ad valorem duty and in further consideration of
a covenant made by the purchaser to make, or of his having
previously made, any substantial improvement of or addition to
the property conveyed to him, or of any covenant relating to the
subject matter of the conveyance, is not chargeable with any duty
in respect of such further consideration.
41. (1) Where the consideration, or any part of the
consideration, a conveyance on sale consists of any stock or
marketable security, the conveyance is to be charged with
ad valorem duty in respect of the value of the stock or security.
(2) Where the consideration, or any part of the
consideration, for a conveyance on sale consists of any security
not being a marketable security, the conveyance is to be charged
with ad valorem duty in respect of the amount due on the day of
the date thereof for principal and interest upon the security.
42. (1) Where the consideration, or any part of the
consideration, for a conveyance on sale consists of money
payable periodically for a definite period not exceeding twenty
years so that the total amount to be paid can be previously
ascertained, the conveyance is to be charged in respect of that
consideration with ad valorem duty on such total amount.
(2) Where the consideration, or any part of the
consideration, for a conveyance on sale consists of money payable
periodically for a definite period exceeding twenty years or in
perpetuity, or for any indefinite period not terminable with life, the
conveyance is to be charged in respect of that consideration with
ad valorem duty on the total amount which will or may, according
to the terms of sale, be payable during the period of twenty years
next after the day of the date of the instrument.
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(3) Where the consideration, or any part of the
consideration, for a conveyance on sale consists of money
payable periodically during any life or lives, the conveyance is to
be charged in respect of that consideration with ad valorem duty
on the amount which will or may, according to the terms of sale,
be payable during the period of twelve years next after the day of
the date of the instrument.
(4) Notwithstanding the foregoing provisions of this
section, no conveyance on sale chargeable with ad valorem duty
in respect of any periodical payments, and containing also
provision for securing the payments, is to be charged with any
duty in respect of such provision, and no separate instrument
made in that case for securing the payments is to be charged with
any higher duty than five dollars.
43. Where any property is conveyed to any person in
consideration, wholly or in part, of any debt due to him, or
subject either certainly or contingently to the payment or transfer
of any money or stock, whether being or constituting a charge or
encumbrance upon the property or not, the debt, money or stock
is to be deemed the whole or part, as the case may be, of the
consideration of respect whereof the conveyance is chargeable
with ad valorem duty.
44. (1) Where property contracted to be sold for one
consideration for the whole is conveyed to the purchaser in separate
parts or parcels by different instruments, the consideration is to be
apportioned in such manner as the parties think fit, so that a distinct
consideration for each separate part or parcel is set forth in the
conveyance relating thereto, and such conveyance is to be charged
with ad valorem duty in respect of such distinct consideration.
(2) Where property contracted to be purchased for one
consideration for the whole by two or more persons jointly, or by
any person for himself and others, or wholly for others, is
conveyed in parts or parcels by separate instruments to the
persons by or for whom the same was purchased for distinct parts
of the consideration, the conveyance of each separate part or
parcel is to be charged with ad valorem duty in respect of the
distinct part of the consideration therein specified.
26 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
How
conveyance in
consideration of
a debt, etc., to
be charged.
Duty where
property
conveyed in
separate parcels
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Sub-purchases.
Sale of annuity
or right not
before in
existence.
(3) Where there are several instruments of conveyance
for completing the purchaser’s title to property sold, the principal
instrument of conveyance only is to be charged with ad valorem
duty, and the other instruments are to be respectively charged
with such other duty as they may be liable to, but the last-
mentioned duty shall not exceed the ad valorem duty payable in
respect of the principal instrument.
(4) Where a person having contracted for the purchase
of any property, but not having obtained a conveyance thereof,
contracts to sell the same to any other person, and the property is
in consequence conveyed immediately to the sub-purchaser, the
conveyance is to be charged with ad valorem duty in respect of
the consideration moving from the sub-purchaser.
(5) Where a person having contracted for the purchase
of any property, but not having obtained a conveyance, contracts
to sell the whole, or any part or parts thereof, to any other person
or persons, and the property is in consequence conveyed by the
original seller to different persons in parts or parcels, the
conveyance of each part or parcel is to be charged with
ad valorem duty in respect only of the consideration moving
from the sub-purchaser thereof, without regard to the amount or
value of the original consideration.
(6) Where a sub-purchaser takes an actual conveyance
of the interest of the person immediately selling to him, which is
chargeable with ad valorem duty in respect of the consideration
moving from him, and is duly stamped accordingly, any
conveyance to be afterwards made to him of the same property
by the original seller shall be chargeable only with such other
duty as it may be liable to, but the last-mentioned duty shall not
exceed the ad valorem duty.
45. Where, upon the sale of any annuity or other right not
before in existence, such annuity or other right is not created by
actual grant or conveyance but is only secured by bond, warrant
of attorney, covenant, contract, or otherwise, the bond or other
instrument, or some one of such instruments, if there be more
than one, is to be charged with the same duty as an actual grant
or conveyance, and is for the purposes of this Act to be deemed
an instrument of conveyance on sale.
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46. (1) If in connection with a scheme for the reconstruction
of any company or companies or the amalgamation of any
companies it is shown to the satisfaction of the Board that there
exist the following conditions, that is to say:
(a) that a company with limited liability is to be
registered, or the nominal share capital of a
company has been increased;
(b) that the company (in this section referred to as
“the transferee company”) is to be registered or
has increased its capital with a view to the
acquisition either of the undertaking of, or of not
less than ninety per cent of the issued share
capital of, any particular existing company;
(c) that the consideration for the acquisition (except
such part thereof as consists in the transfer to or
discharge by the transferee company of
liabilities of the existing company) consists as to
not less than ninety per cent thereof—
(i) where an undertaking is to be acquired in
the issue of shares in the transferee
company to the existing company or to
holders of shares in the existing
company; or
(ii) where shares are to be acquired in the
issue of shares in the transferee company
to the holders of shares in the existing
company in exchange for the shares held
by them in the existing company,
then, subject to the provisions of this section, stamp duty under
the heading “Conveyance or transfer on sale of any property” in
the First Schedule to this Act shall not be chargeable on any
instrument made for the purposes of or in connection with the
transfer of the undertaking or shares or on any instrument made
for the purposes of or in connection with the assignment to the
transferee company of any debts, secured or unsecured, of the
28 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
Relief from
transfer stamp
duty in case of
reconstructions
or
amalgamations
of companies.
[14 of 1952
17 of 1985].
Ch. 3:03 s.21.
First Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
existing company, nor shall any such duty be chargeable on any
instrument vesting, or relating to the vesting of, the undertaking
or shares in the transferee company:
Provided that—
(a) no such instrument shall be deemed to be duly
stamped unless either it is stamped with the duty
to which it would but for this section be liable or
it has in accordance with the provisions of
section 21, been stamped with a particular stamp
denoting either that it is not chargeable with any
duty or that it is duly stamped; and
(b) the provisions of this subsection shall not apply
unless the instrument is either—
(i) executed within a period of twelve months
from the date of the registration of the
transferee company or the date of the
resolution for the increase of the nominal
share capital of the transferee company, as
the case may be; or
(ii) made for the purpose of effecting a
conveyance or transfer in pursuance of an
agreement which has been filed, or
particulars of which have been filed, with
the Registrar of Companies within the
said period of twelve months; and
(c) the foregoing provision with respect to the
release and assignment of debts of the existing
company shall not, except in the case of debts
due to banks or to trade creditors, apply to debts
which were incurred less than two years before
the proper time for making a claim for
exemption under this section.
(2) For the purposes of a claim for exemption under
subsection (1), a company which has, in connection with a
scheme of reconstruction or amalgamation, issued any unissued
share capital shall be treated as if it had increased its nominal
share capital.
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(3) A company shall not be deemed to be a particular
existing company within the meaning of this section unless it is
provided by the memorandum of association of the transferee
company that one of the objects for which the company is
established is the acquisition of the undertaking of, or shares in,
the existing company, or unless it appears from the resolution for
the increase of the capital of the transferee company that the
increase is authorised for the purpose of acquiring the
undertaking of, or shares in, the existing company.
(4) Where a claim is made for exemption under this
section, the Board may require the delivery to it of a statutory
declaration in such form as it may direct, made by an
Attorney-at-law of the Supreme Court and of such further
evidence, if any, as the Board may reasonably require.
(5) If in any case—
(a) where any claim for exemption from duty under
this section has been allowed, it is subsequently
found that any declaration or other evidence
furnished in support of the claim was untrue in
any material particular, or that the conditions
specified in subsection (1) are not fulfilled in the
reconstruction or amalgamation as actually
carried out; or
(b) where shares in the transferee company have
been issued to the existing company in
consideration of the acquisition, the existing
company within a period of two years from the
date, as the case may be, of the registration or of
the authority for the increase of the capital, of the
transferee company ceases, otherwise than in
consequence of reconstruction, amalgamation,
or liquidation, to be the beneficial owner of the
shares so issued to it; or
(c) where any such exemption has been allowed in
connection with the acquisition by the transferee
company of shares in another company, the
transferee company within a period of two years
30 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 31
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
from the date of its registration or of the authority
for the increase of its capital, as the case may be,
ceases, otherwise than in consequence of
reconstruction, amalgamation or liquidation, to
be the beneficial owner of the shares so acquired,
the exemption shall be deemed not to have been allowed, and an
amount equal to the duty remitted shall become payable
forthwith, and shall be recoverable from the transferee company
as a debt due to the State, together with interest thereon at the rate
of five per cent a year from the date on which it would have
become chargeable if this section had not been enacted.
(6) If in the case of any scheme of reconstruction or
amalgamation the Board is satisfied that at the proper time for
making a claim for exemption from duty under subsection (1)
there were in existence all the necessary conditions for such
exemption other than the condition that not less than ninety per
cent of the issued share capital of the existing company would be
acquired by the transferee company, the Board may, if it is proved
to its satisfaction that not less than ninety per cent of the issued
capital of the existing company has under the scheme been
acquired within a period of six months from the earlier of the two
following dates, that is to say:
(a) the last day of the period of one month after the
first allotment of shares made for the purposes
of the acquisition; or
(b) the date on which an invitation was issued to the
shareholders of the existing company to accept
shares in the transferee company,
and on production of the instruments on which the duty paid has
been impressed, direct repayment to be made of such an amount
of duty as would have been remitted if the said condition had
been originally fulfilled.
(7) In this section—
“shares” includes stock;
“undertaking of an existing company” includes part of the
undertaking of an existing company.
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46A. Notwithstanding anything in the Act, stamp duty
under the heading “Conveyance or transfer on sale of any
property” in the Schedule to the Act shall not be chargeable on
any instrument made for the purposes of or in connection with the
transfer of a tourism project referred to in section 6(1) of the
Tourism Development Act.
CONVEYANCES ON ANY OCCASION EXCEPT
SALE OR MORTGAGE
47. Every instrument, and every decree or order of any Court,
whereby any property on any occasion, except a sale or mortgage,
is transferred to or vested in any person, is to be charged with duty
as a conveyance or transfer of property; but a conveyance or
transfer made for effectuating the appointment of a new trustee or
the retirement of a trustee is not to be charged with any higher
duty than five dollars.
47A. (1) Subject to the provisions of this section, any
instrument whereby property is conveyed or transferred to any
person in contemplation of a sale of that property shall be treated
for the purposes of this Act, as a conveyance or transfer on
sale of that property for a consideration equal to the value of
the property, and the instrument shall be charged with
duty accordingly.
(2) Where on a claim made to the Board not later than
two years after the making or execution of an instrument
chargeable with duty in accordance with subsection (1), it is
shown to the satisfaction of the Board—
(a) that the sale in contemplation of which the
instrument was made or executed has not taken
place and the property either—
(i) has been re-conveyed or re-transferred to
the person from whom it was conveyed or
transferred; or
(ii) has been conveyed or transferred to some
other person in whom the rights of the
person referred to in subparagraph (i) have
been vested upon death or bankruptcy; or
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Exemption on
transfer of
tourism project.
[50 of 2000].
Ch. 87:22.
How duty
charged.
[13 of 1958].
Conveyance or
transfer in
contemplation
of sale to attract
ad valorem
stamp duty.
[1 of 1986].
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(b) that the sale has taken place for a lesser
consideration than that on which duty was paid
on the instruments,
the Board shall in a case contemplated by paragraph (a) refund
the duty paid and subject to subsection (3) in a case contemplated
by paragraph (b) refund that portion of the duty as exceeds the
duty which would have been payable if the instrument had been
stamped in respect of the consideration for the sale.
(3) In a case falling within subsection (2)(b) the duty
shall not be refundable if it appears to the Board that the
circumstances are such that a conveyance or transfer on the sale
in question would have been chargeable with duty under
section 48.
(4) No instrument chargeable with duty in accordance
with subsection (1) shall be deemed to be duly stamped unless the
Board has been requested to express its opinion thereon under
section 21 and has expressed its opinion thereon in accordance
with that section.
(5) The foregoing provisions of this section shall
apply whether or not an instrument conveys or transfers other
property in addition to the property in contemplation of the sale
of which it is made or executed but those provisions shall not
affect the stamp duty chargeable on the instrument in respect of
that other property.
(6) For the purposes of section 48 and of subsection (1),
the value of property conveyed or transferred by an instrument
chargeable with duty in accordance with either of these
provisions shall be determined without regard to—
(a) any power (whether or not contained in the
instrument) on the exercise of which the property
or any part of or any interest in the property may
be re-vested in the person from whom it was
conveyed or transferred or on his behalf; or
(b) any annuity reserved out of the property or any
part of it or any life or other interest so reserved,
being an interest which is subject to forfeiture,
but where on a claim made to the Board not later than two years
after the making or execution of the instrument, it is shown to
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the satisfaction of the Board that any such power as is mentioned
in paragraph (a) of this subsection has been exercised in relation
to the property and the property or any property representing it
has been re-conveyed or re-transferred in the whole or in part in
consequence of that exercise, the Board shall refund the stamp
duty paid by virtue of this subsection, in a case where the whole
of such property has been so re-conveyed or re-transferred, so far
as it exceeds the stamp duty payable apart from this subsection,
and in any other case, so far as it exceeds the stamp duty which
would have been payable if the instrument had operated to
convey or transfer only such property as is not so re-conveyed
or re-transferred.
47B. (1) Notwithstanding anything in this Act, where
residential properties are converted to commercial use the tax
chargeable shall be—
(a) if the conversion took place within one year the
rate applicable for commercial properties; and
(b) if the conversion took place after one year but
within two years one-half of the rate payable for
commercial properties.
(2) It shall be the duty of the purchaser to inform the
Board of any alteration in the use of any residential property for
commercial purpose and if he fails to do so he shall be liable to a
fine of fifteen thousand dollars.
GIFTS INTER VIVOS
48. (1) Any conveyance or transfer operating as a voluntary
disposition inter vivos shall be chargeable with the like stamp duty
as if it were a conveyance or transfer on sale, with the substitution
in each case of the value of the property conveyed or transferred
for the amount of value of the consideration for the sale.
(2) Notwithstanding anything in section 21, the Board
may be required to express its opinion under that section on any
conveyance or transfer operating as a voluntary disposition
inter vivos, and no such conveyance or transfer shall be deemed
to be duly stamped unless the Board has expressed its opinion
thereon in accordance with that section.
How duty is
chargeable
when residential
property is used
as commercial
property.
[35 of 1998].
Stamp duty on
gifts inter vivos.
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How to be
stamped.
(3) Where any instrument is chargeable with duty both
as a conveyance or transfer under this section and as a settlement
under the heading “Settlement” in the Schedule, the instrument
shall be charged with duty as a conveyance or transfer under this
section, but not as a settlement under the said Schedule.
(4) Any conveyance or transfer (not being a disposition
made in favour of a purchaser or encumbrancer or other person in
good faith and for valuable consideration) shall, for the purposes of
this section, be deemed to be a conveyance or transfer operating as
a voluntary disposition inter vivos, and (except where marriage is
the consideration) the consideration for any conveyance or transfer
shall not for this purpose be deemed to be valuable consideration
where the Board is of opinion that by reason of the inadequacy of
the sum paid as consideration or other circumstances the
conveyance or transfer confers a substantial benefit on the person
to whom the property is conveyed or transferred.
(5) A conveyance or transfer made for nominal
consideration for the purpose of securing the repayment of an
advance or loan or made for effectuating the appointment of a
new trustee or the retirement of a trustee, whether the trust is
expressed or implied, or under which no beneficial interest passes
in the property conveyed or transferred, or made to a beneficiary
by a trustee or other person in a fiduciary capacity under any
trust, whether expressed or implied, or a disentailing assurance
not limiting any new estate other than an estate in fee simple, in
the person disentailing the property, shall not be charged with
duty under this section, and this subsection shall have effect
notwithstanding that the circumstances exempting the
conveyance or transfer from charge under this section are not set
forth in the conveyance or transfer.
DUPLICATES AND COUNTERPARTS
49. The duplicate or counterpart of an instrument
chargeable with duty (except the counterpart of an instrument
chargeable as a lease, such counterpart not being executed by or
on behalf of any lessor or grantor) is not to be deemed duly
stamped unless it is stamped as an original instrument, or unless it
appears by some stamp impressed or writing under the hand of the
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Board thereon that the full and proper duty has been paid upon the
original instrument of which it is the duplicate or counterpart; but
the instruments referred to in section 19(2) shall be exempt from
the operation of this section.
EXCHANGE, PARTITION OR DIVISION
50. Where, upon the exchange, partition, or division of any
real or heritable property, any consideration exceeding in
amount or value five hundred dollars is paid or given, or agreed
to be paid or given, for equality, the principal or only instrument
whereby the exchange, partition, or division is effected is to be
charged with the same ad valorem duty as a conveyance on sale
for the consideration, and with that duty only; and where in any
such case there are several instruments for completing the title of
either party, the principal instrument is to be ascertained, and
the other instruments are to be charged with duty in the manner
hereinbefore provided in the case of several instruments
of conveyance.
LEASES
51. (1) An agreement for a lease, or with respect to the
letting of any lands, tenements, or heritable subjects for any
term not exceeding thirty-five years, or for any indefinite term, is
to be charged with the same duty as if it were an actual lease
made for the term and consideration mentioned in the agreement.
(2) A lease made subsequently to, and in conformity
with, such an agreement duly stamped is to be charged with the
duty of twenty-five cents only.
52. (1) Where the consideration, or any part of the
consideration, for which a lease is granted or agreed to be
granted, consists of any produce or other goods, the value of
the produce or goods is to be deemed a consideration in
respect of which the lease or agreement is chargeable with
ad valorem duty.
(2) Where it is stipulated that the value of the produce or
goods is to amount at least to, or is not to exceed, a given sum, or
where the lessee is specially charged with, or has the option of
Partition or
division.
[13 of 1958].
Agreement for a
lease.
[13 of 1958].
Leases, how to
be charged in
respect of
produce.
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paying after any permanent rate of conversion, the value of the
produce or goods is, for the purpose of assessing the ad valorem
duty, to be estimated at the given sum, or according to the
permanent rate.
(3) A lease or agreement for a lease made either wholly
or partially for any such consideration, if it contains a statement
of the value thereof and is stamped in accordance with the
statement, is, so far as regards the subject matter of the statement,
to be deemed duly stamped, unless or until it is otherwise shown
that the statement is incorrect, and that the lease or agreement is
in fact not duly stamped.
53. (1) A lease, or agreement for a lease, or with respect to
any letting, is not to be charged with any duty in respect of any
penal rent, or increased rent in the nature of a penal rent, thereby
reserved or agreed to be reserved or made payable, or by reason
of being made in consideration of the surrender or abandonment
of any existing lease, or agreement, of or relating to the same
subject matter.
(2) A lease made for any consideration in respect
whereof it is chargeable with ad valorem duty, and in further
consideration either of a covenant by the lessee to make, or of his
having previously made, any substantial improvement of or
addition to the property demised to him, or of any covenant
relating to the matter of the lease, is not to be charged with any
duty in respect of such further consideration.
(3) No lease for a life or lives not exceeding three years,
or for a term of years determinable with a life or lives not
exceeding three years, and no lease for a term absolute not
exceeding twenty-one years, granted by an ecclesiastical
corporation aggregate or sole, is to be charged with any higher
duty than fifteen dollars.
(4) An instrument, whereby the rent reserved by any
other instrument chargeable with duty and duly stamped as a lease
is increased, is not to be charged with duty otherwise than as a
lease in consideration of the additional rent thereby made payable.
Directions as to
duty in certain
cases.
[13 of 1958].
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54. Where the duty upon a lease does not exceed fifty cents
it may be denoted by an adhesive stamp which shall be cancelled
by the person by whom the instrument is first executed.
MORTGAGES
55. For the purposes of this Act, the expression “mortgage”
means a security by way of mortgage for the payment of any
definite and certain sum of money advanced or lent at the time,
or previously due and owing, or forborne to be paid, being
payable, or for the repayment of money to be thereafter lent,
advanced or paid, or which may become due upon an account
current, together with any sum already advanced or due, or
without, as the case may be; and includes—
(a) any conveyance of any lands, estate or property
whatsoever in trust to be sold or otherwise
converted into money, intended only as a security,
and redeemable before the sale or other disposal
thereof, either by express stipulation or otherwise,
except where the conveyance is made for the
benefit of creditors generally, or for the benefit of
creditors specified who accept the provision made
for payment of their debts, in full satisfaction
thereof, or who exceed five in number;
(b) any defeasance, letter of reversion, back bond,
declaration, or other deed or writing for
defeating or making redeemable, or explaining
or qualifying any conveyance, transfer,
disposition, assignation or tack of any lands,
estate or property whatsoever, apparently
absolute, but intended only as a security;
(c) any deed operating as a mortgage of any stock
or marketable security.
56. (1) A security for the transfer or re-transfer of any stock
is to be charged with the same duty as a similar security for a
sum of money equal in amount to the value of the stock; and a
transfer, assignment, disposition or assignation of any such
security, and a re-conveyance, release, discharge, surrender,
38 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
Adhesive stamp
on lease.
[13 of 1958].
Meaning of
“mortgage”.
Security for
transfer of stock.
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Security for
future advances,
how to be
charged.
[13 of 1958
6 of 1993].
re-surrender, warrant to vacate, or renunciation of any such
security is to be charged with the same duty as an instrument of
the same description relating to a sum of money equal in amount
to the value of the stock.
(2) A security for the payment of any rent-charge,
annuity or periodical payments, by way of repayment, or in
satisfaction or discharge of any loan, advance or payment
intended to be so repaid, satisfied or discharged, is to be charged
with the same duty as a similar security for the payment of the
sum of money so lent, advanced or paid.
(3) A transfer of a duly stamped security, and a security
by way of further charge for money or stock, added to money or
stock previously secured by a duly stamped instrument, is not to
be charged with any duty by reason of its containing any further
or additional security for the money or stock transferred or
previously secured, or the interest or dividends thereof, or any
new covenant, proviso, power, stipulation or agreement in
relation thereto, or any further assurance of the property
comprised in the transferred or previous security.
(4) An instrument chargeable with ad valorem duty as
a mortgage is not to be charged with any further duty by reason
of the equity of redemption in the mortgaged property being
thereby conveyed or limited in any other manner than to a
purchaser, or in trust for, or according to the direction of,
a purchaser.
57. (1) A security for the payment or repayment of money
to be lent, advanced or paid, or which may become due upon an
account current, either with or without money previously due, is
to be charged, where the total amount secured or to be ultimately
recoverable is in any way limited, with the same duty as a
security for the amount so limited.
(2) Where such total amount is unlimited, the security is
to be available for such an amount only as the ad valorem duty
impressed thereon extends to cover, but where any advance or
loan is made in excess of the amount covered by that duty the
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security shall for the purpose of stamp duty be deemed to be a
new and separate instrument, bearing date on the day on which
the advance or loan is made.
(3) The Registrar General shall, upon a requisition
bearing a fee stamp of the value of twenty-five dollars of any
party to an instrument securing an unlimited amount, cause such
instrument to be sent to the Board to be stamped to cover such
further sum as may be advanced in excess of the amount on
which stamp duty has been paid.
(4) Notwithstanding the foregoing provisions of this
section, no money to be advanced for the insurance of any
property comprised in the security against damage by fire, or for
keeping up any policy of life insurance comprised in the security,
or for effecting in lieu thereof any new policy, or for the renewal
of any grant or lease of any property comprised in the security
upon the dropping of any life whereon the property is held, shall
be reckoned as forming part of the amount in respect whereof the
security is chargeable with ad valorem duty.
NOTARIAL ACTS
58. The duty upon a notarial act may be denoted by an
adhesive stamp which shall be cancelled by the Notary.
POLICIES OF INSURANCE
59. For the purposes of this Act, the expression “policy of
insurance” includes every writing whereby any contract of
insurance is made or agreed to be made, or is evidenced, and
the expression “insurance” includes assurance.
60. (Repealed by Act No. 2 of 2002).
POLICIES OF SEA INSURANCE
61. (1) For the purposes of this Act, the expression “policy
of sea insurance” means any insurance (including re-insurance)
made upon any ship or vessel, or upon the machinery, tackle or
furniture of any ship or vessel, or upon any goods, merchandise
or property of any description whatever on board of any ship or
Duty may be
denoted by
adhesive stamp.
[37 of 1989].
Meaning of
“policy of
insurance”.
Meaning of
“policy of sea
insurance”.
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LAWS OF TRINIDAD AND TOBAGO
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Contract to be
in writing.
Policy for
voyage and time
chargeable with
two duties.
No policy valid
unless duly
stamped.
[13 of 1958].
vessel, or upon the freight of, or any other interest which may be
lawfully insured in or relating to, any ship or vessel, and includes
any insurance of goods, merchandise or property for any transit
which includes not only a sea risk, but also any other risk
incidental to the transit insured from the commencement of the
transit to the ultimate destination covered by the insurance.
(2) Where any person, in consideration of any sum of
money paid or to be paid for additional freight or otherwise,
agrees to take upon himself any risk attending goods,
merchandise or property of any description whatever while on
board of any ship or vessel, or engages to indemnify the owner of
any such goods, merchandise or property from any risk, loss or
damage, such agreement or engagement shall be deemed to be a
contract for sea insurance.
62. (1) A contract for sea insurance shall not be valid unless
the same is expressed in a policy of sea insurance.
(2) No policy of sea insurance made for time shall be
made for any time exceeding twelve months.
(3) A policy of sea insurance shall not be valid unless it
specifies the particular risk or adventure, the names of the
subscribers or underwriters, and the sum or sums insured, and
is made for a period not exceeding twelve months.
63. Where any sea insurance is made for a voyage and also
for time, or to extend to or cover any time beyond thirty days
after the ship shall have arrived at her destination and been there
moored at anchor, the policy is to be charged with duty as a
policy for a voyage and also with duty as a policy for time.
64. (1) Subject to subsection (2), a policy of sea insurance
may not be stamped at any time after it is signed or underwritten
by any person except in the two cases following:
(a) any policy of mutual insurance having a stamp
impressed thereon may, if required, be stamped
with an additional stamp provided that at the time
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Alterations in
policies may be
made under
certain
restrictions.
Indemnity of
Comptroller of
Accounts.
when the additional stamp is required the policy
has not been signed or underwritten to an
amount exceeding the sum or sums which the
duty impressed thereon extends to cover;
(b) any policy made or executed out of, but being in
any manner enforceable within, Trinidad and
Tobago may be stamped at any time within two
months after it has been first received in Trinidad
and Tobago on payment of the duty only.
(2) A policy of sea insurance shall, for the purpose of
production in evidence, be an instrument which may legally be
stamped after the execution thereof, and the penalty payable by law
on stamping the same shall be the sum of two thousand dollars.
65. Nothing in this Act shall prohibit the making of any
alteration which may lawfully be made in the terms and
conditions of any policy of sea insurance after the policy has been
underwritten, provided that the alteration is made before notice of
the determination of the risk originally insured, and that it does
not prolong the time covered by the insurance thereby made
beyond the period of six months, in the case of a policy made for
a less period than six months, or beyond the period of twelve
months, in the case of a policy made for a greater period than six
months, and that the articles insured remain the property of the
same person or persons, and that no additional or further sum be
insured by reason or means of the alteration.
POWER OF ATTORNEY
66. When a certified copy or other satisfactory proof of a
power of attorney registered according to law in the office of the
Registrar General is produced authorising the Comptroller of
Accounts to pay moneys to the person or persons named therein,
the Comptroller of Accounts shall be indemnified in respect of
all payments made by him by virtue of such power of attorney
until notice in writing of the revocation thereof shall be delivered
to him.
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67. (Repealed by Act No. 5 of 2004).
REMITTANCE OR REFUND OF STAMP DUTY
68. (1) Notwithstanding the removal of stamp duty on
Customs entries in respect of imported goods under the First
Schedule, the President may remit or refund in whole or in part
to any person stamp duty paid or payable on such Customs
entries made prior to 1st January 1995, where he considers it
expedient to do so.
(2) Notwithstanding subsection (1), the President may
remit or refund stamp duties payable where it appears to him just
and equitable to do so.
69.
to (Repealed by Act No. 37 of 1989).
70.
SETTLEMENTS
71. (1) Subject to subsection (2), where any money which
may become due or payable upon any policy of life insurance, or
upon any security not being a marketable security, is settled or
agreed to be settled, the instrument whereby the settlement is
made or agreed to be made is to be charged with ad valorem duty
in respect of that money.
(2) (a) Where, in the case of a policy, no provision is
made for keeping up the policy, the ad valorem duty is to be charged
only on the value of the policy at the date of the instrument.
(b) If in any such case the instrument contains a
statement of the said value, and is stamped in accordance with the
statement, it is, so far as regards the policy, to be deemed duly
stamped unless or until it is shown that the statement is untrue
and that the instrument is in fact insufficiently stamped.
72. An instrument chargeable with ad valorem duty as a
settlement in respect of any money, stock or security is not to
be charged with any further duty by reason of containing
Stamp Duty Chap. 76:01 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Remittance by
the President.
[5 of 1995
2 of 2002].
Settlement of
money due on
policy or
security.
Settlements
when not to be
charged as
securities.
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provision for the payment or transfer of the money, stock or
security, or by reason of containing, where the money, stock
or security is in reversion or is not paid or transferred upon the
execution of the instrument, provision for the payment by the
person entitled in possession to the interest or dividends of the
money, stock or security, during the continuance of such
possession, of any annuity or yearly sum not exceeding interest
at the rate of four per cent a year upon the amount or value of the
money, stock or security.
73. (1) Where several instruments are executed for effecting
the settlement of the same property, and the ad valorem duty
chargeable in respect of the settlement of the property exceeds
five dollars, one only of the instruments is to be charged with the
ad valorem duty.
(2) Where a settlement is made in pursuance of a
previous agreement upon which ad valorem settlement duty
exceeding five dollars has been paid in respect of any property,
the settlement is not to be charged with ad valorem duty in
respect of the same property.
(3) In each of the above-mentioned cases, the
instruments not chargeable with ad valorem duty are to be
charged with the duty of five dollars.
SHARE WARRANTS
74. If a share warrant is issued without being duly stamped,
the company issuing the same, and also every person who, at the
time when it is issued, is the managing director or secretary or
other principal officer of the company, are liable to a fine of one
thousand dollars.
STOCK CERTIFICATES TO BEARER
75. (1) Where the holder of a stock certificate to bearer
has been entered on the register of the local authority as the
owner of the share of stock described in the certificate, the
certificate shall be forthwith cancelled so as to be incapable of
being re-issued to any person.
Where several
instruments, one
only to be
charged with
ad valorem
duty.
[13 of 1958].
Issuing share
warrant not duly
stamped.
[13 of 1958].
Penalty for
issuing stock
certificate
unstamped.
[13 of 1958].
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L.R.O.
Conditions and
agreements as to
duty, void.
Assignment of
life policy to be
stamped before
payment of
sum assured.
Criminal
offences relating
to stamps.
[35 of 1998].
(2) Any person by whom a stock certificate to bearer
is issued without being duly stamped is liable to a fine of one
thousand dollars.
MISCELLANEOUS
76. Every condition of sale framed with the view of precluding
objection or requisition upon the ground of absence or insufficiency
of stamp upon any instrument, and every contract, arrangement or
undertaking for assuming the liability on account of absence or
insufficiency of stamp upon any such instrument or indemnifying
against such liability, absence or insufficiency is void.
77. (1) No assignment of a policy of life insurance shall
confer on the assignee therein named, his executors,
administrators or assigns, any right to sue for the moneys assured
or secured thereby, or to give a valid discharge for the same, or
any part thereof, unless the assignment is duly stamped, and no
payment shall be made to any person claiming under any such
assignment unless the same is duly stamped.
(2) If any payment is made in contravention of this
section, the stamp duty not paid upon the assignment, together
with the penalty payable on stamping the same, shall be a debt
due to the State from the person by whom the payment is made.
PART III
OFFENCES RELATING TO STAMPS
78. Any person who does, or causes or procures to be done,
or knowingly aids, abets or assists in doing, any of the following
acts, that is to say:
(a) fraudulently prints or makes an impression
upon any material from a genuine die;
(b) fraudulently cuts, tears or in any way removes
from any material any stamp, with intent that
any use should be made of such stamp or of
any part thereof;
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(c) fraudulently mutilates any stamp, with intent that
any use should be made of any part of such stamp;
(d) fraudulently fixes or places upon any material or
upon any stamp, any stamp or part of a stamp
which, whether fraudulently or not, has been
cut, torn or in any way removed from any other
material, or out of or from any other stamp;
(e) fraudulently erases or otherwise either really or
apparently removes from any stamped material
any name, sum, date or other matter or thing
whatsoever thereon written, with the intent that
any use should be made of the stamp upon
such material;
(f) knowingly sells or exposes for sale or utters
or uses any stamp which has been fraudulently
printed or impressed from a genuine die;
(g) knowingly and without lawful excuse (the proof
whereof shall lie on the person accused), has in
his possession any stamp which has been
fraudulently printed or impressed from a genuine
die, or any stamp or part of a stamp which has
been fraudulently cut, torn or otherwise removed
from any material, or any stamp which has been
fraudulently mutilated, or any stamped material
out of which any name, sum, date or other matter
or thing has been fraudulently erased or
otherwise either really or apparently removed,
is liable on conviction on indictment to a fine of fifteen thousand
dollars or to imprisonment for two years.
79. On information given before any Magistrate upon oath that
there is just cause to suspect any person of being guilty of any of the
offences mentioned in section 78, such Magistrate may, by a
warrant under his hand, cause any dwelling house, room, shop,
workshop, outhouse or other building or place belonging to or
occupied by the suspected person, or where he is suspected of
Proceedings for
the detection of
offences.
46 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 47
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Frauds in
relation to
adhesive
stamps.
[13 of 1958
35 of 1998].
Ch. 47:01.
Defacing
adhesive
stamps.
[13 of 1958
35 of 1998].
being or having been in any way engaged or concerned in the
commission of any such offence, or of secreting any machinery,
implements or utensils applicable to the commission of any such
offence, to be searched, and if upon such search any of the said
several matters and things are found, the same may be seized and
carried away, in order that they may be produced in evidence
against any offender, and shall afterwards, whether produced in
evidence or not, by order of the Court or Judge before whom such
offender is tried, or in case there is no such trial, by order of a
Magistrate, be delivered over to the Board, to be defaced or
destroyed or otherwise disposed of as it may think fit.
80. (1) Any person who—
(a) fraudulently removes or causes to be removed
from any instrument any adhesive stamp, or
affixes to any other instrument or uses for any
postal purpose any adhesive stamp which has
been so removed, with intent that the stamp may
be used again; or
(b) sells, or offers for sale, or utters any adhesive
stamp which has been so removed, or utters
any instrument having thereon any adhesive
stamp which has to his knowledge been so
removed as aforesaid,
is liable to a fine of fifteen thousand dollars in addition to any
other fine or penalty he may incur.
(2) The expression “instrument” in this section includes
any postal packet as defined by the Post Office Act and the cover
of any postal packet.
81. Any person who, by any writing, in any manner defaces
any adhesive stamp before it is used is liable to a fine of three
thousand dollars, but a person shall not be liable under this
section, who in the manner and in conformity with the conditions
which the Board may prescribe, writes upon an adhesive stamp
before it is used for the purpose of identification thereof.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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82. Any person who practises or is concerned in any
fraudulent act, contrivance or device, not specially provided for
by law, with intent to defraud the State of any stamp duty is liable
to a fine of fifteen thousand dollars.
83. (1) Any Justice having jurisdiction in the place where
any stamps are known or supposed to be concealed or deposited
may, upon reasonable suspicion that the same have been stolen or
fraudulently obtained, issue his warrant for the seizure thereof,
and for apprehending and bringing before any Magistrate the
person in whose possession or custody such stamps may be
found, to be dealt with according to law.
(2) If such person omits or refuses to account for the
possession of such stamps, or is unable satisfactorily to account
for the possession thereof, or if it does not appear that the same
were purchased by him from the Board or the Trinidad and
Tobago Post or from some person duly appointed to sell and
distribute stamps or duly licensed to deal in stamps, such stamps
shall be forfeited to the State and shall be accordingly
condemned by such Magistrate and delivered over to the
Comptroller of Accounts; and any stamps so condemned shall be
kept by the Comptroller of Accounts for the space of six months
and afterwards cancelled and destroyed or disposed of as the
Comptroller of Accounts thinks fit.
(3) If at any time within six months after such
condemnation any person makes out to the satisfaction of the
Comptroller of Accounts that any stamps so condemned were
stolen or otherwise fraudulently obtained from him, and that the
same were purchased by him from the Board or the Trinidad and
Tobago Post, or from some person duly appointed to sell and
distribute stamps, or duly licensed to deal in stamps, such stamps
may be delivered up to him.
84. If any forged stamps are found in the possession of
any person appointed to sell and distribute stamps, or being or
having been licensed to deal in stamps, such person shall be
Fraud not
specially
provided for.
[13 of 1958
35 of 1998].
Proceedings for
the detection of
stamps stolen or
obtained
fraudulently.
Possession of
forged stamps.
48 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
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UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 49
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Search warant
for forged
stamps.
[13 of 1958
35 of 1998].
Execution of
warrant.
deemed, unless the contrary is satisfactorily proved, to have had
the same in his possession knowing them to be forged and with
intent to sell, use or utter them, and is liable to all penalties and
punishments imposed or inflicted by law upon persons selling,
using, uttering or having in possession forged stamps knowing
the same to be forged.
85. (1) Upon information given upon oath before any Justice
that there is reasonable cause to suspect that any person appointed
to sell and distribute stamps or, being or having been licensed to
deal in stamps, has in his possession any forged stamps, the Justice
may, by warrant under his hand, authorise any person deputed by
the Board to enter between the hours of seven o’clock in the
morning and six o’clock in the evening into any dwelling house,
room, shop, warehouse, outhouse or other building of or belonging
to any such suspected person, and if on demand of admittance, and
notice of such warrant, the door of any such dwelling house, room,
shop, warehouse, outhouse or other building, or any inner door
thereof, is not opened, then such authorised person may break open
the same and search for and seize any stamps that may be found in
any such place as mentioned above or elsewhere in the custody or
possession of such suspected person.
(2) Any person who—
(a) refuses to permit any such search or seizure to
be made as aforesaid; or
(b) assaults, opposes or obstructs any person
employed or acting in the execution or under the
authority of any such warrant or aiding or
assisting in the execution thereof,
is liable to a fine of fifteen thousand dollars.
86. (1) The person who is entrusted with the execution of
any such warrant as aforesaid shall, if required, give to the person
in whose custody or possession any stamps are found and seized
an acknowledgment of the number, particulars and amount of the
stamps so seized, and shall permit such last mentioned person, or
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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any person employed by him, to mark such stamps before the
removal thereof.
(2) If the person in whose custody or possession any
stamps are so found and seized is or has been a licensed dealer in
stamps, he shall be entitled to claim and receive in money from
the Board the amount of such of the stamps so seized as may be
found to be genuine, deducting therefrom the proper discount, or,
if the Minister thinks fit, such of the stamps so seized as may be
found to be genuine may be returned to the person from whose
custody or possession the same have been taken, with such
reasonable amends as the Minister may think fit to award.
87. (1) Any penalty under this Act—
(a) if it does not exceed fifteen thousand dollars,
may be recovered on summary conviction
before a Magistrate; and
(b) if it exceeds fifteen thousand dollars, may be
sued for in the High Court in the name of the
Director of Public Prosecutions, and may be
recovered with full costs of suit.
(2) The Minister may mitigate or remit any penalty
payable on stamping, or stay or compound proceedings for any
penalty, and reward any person who may inform the Board of any
offence against this Act, or assist in the recovery of any penalty.
(3) Proceedings for penalties not exceeding fifteen
thousand dollars may be taken at any time within twelve months
from the time when the cause of complaint arose. Such proceedings
may be conducted on behalf of the Board by any person authorised
in that behalf by writing under the hand of the Board.
Recovery of
penalties.
[13 of 1958
45 of 1979
47 of 1980
35 of 1998].
Ch. 3:03 s. 21.
50 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
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UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 51
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
*FIRST SCHEDULE
Duty
$/%
Admission of any person as an Attorney-at-law in the Supreme Court 250.00
and see section 27
Appointment of a new Trustee, and appointment in execution of a power of
any property, or of any use, share, or interest in any property, by any
instrument not being a Will … … … … … 25.00
EXEMPTIONS
Appointments under the Post Office Savings Bank Act.
Articles of Clerkship, whereby any person first becomes bound
to serve as a clerk in order to his admission as an Attorney-at-law in the
High Court … … … … … 385.00
Articles of Clerkship, whereby any person, having been before bound to
serve as a clerk in order to his admission in the High Court and not having
completed his service so as to be entitled to such admission, becomes
bound afresh for the same purpose … … … … … 2.50
Bill of Health in the case of vessels under sixty tons net register … 2.50
Bill of Health in the case of vessels over sixty tons net register … 10.00
and see section 38
Bond, Covenant, or Instrument of any kind whatsoever, whether by
way of principal or collateral security for the payment of money, where
the total value of the amount secured either payable in one sum or in
instalments does not exceed five hundred dollars … … … 0.50
Where it exceeds five hundred dollars, for every additional two hundred
and fifty dollars or part of two hundred and fifty dollars … … 0.50
Bond for obtaining Letters of Administration … … … 10.00
Bond with a penalty for the performance of any obligation other than
specifically herein provided for.
Bond of any kind whatsoever not specifically charged with any duty … 25.00
Section 3.
47 of 1951.
Ch. 79:04.
} The samead valoremduty as abond for theamount of
the penalty.
*This Schedule has been amended by the following: Acts Nos.: 14 of 1952, 13 of 1958,
34 of 1960, 16 of 1971, 41 of 1975, 68 of 1975, 1 of 1986, 14 of 1987, 11 of 1988, 4 of 1989,
37 of 1989, 9 of 1990, 3 of 1991, 6 of 1991, 4 of 1992, 1 of 1993, 6 of 1993, 22 of 1993,
3 of 1994, 5 of 1995, 35 of 2000, 50 of 2000, 91 of 2000, 2 of 2002, 5 of 2004, 17 of 2007,
1 of 2009, 13 of 2010 and 2 of 2013.
Legal Notices Nos.: 67/1962, 6/1972, 6/1975, 203/1979, 21/1980, 22/1980, 98/1981, 11/1984,
4/1985, 23/1985, 198/1985 and 3/1986.
UNOFFICIAL VERSION
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52 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
EXEMPTIONS
Bond by public officer in respect of the execution of his duty.
Bond given to or on account of a registered Friendly Society, or by
the Treasurer or other officer thereof.
Bond given for the payment of estate or succession duty.
Conveyance or transfer of any stock or funded debt or shares of any
company or corporation:
(1) On sale of any stock or funded debt or shares not listed by a
self-regulatory organisation—
Where the amount or value of the consideration for the sale does
not exceed twenty-five dollars … … … … 0.10
Exceeds $25 and does not exceed $ 50 … … … 0.25
do. 50 do. 125 … … … 0.75
do. 125 do. 250 … … … 1.00
do. 250 do. 500 … … … 2.50
For every additional five hundred dollars or part thereof … 2.50
(1A) On shares listed by a self-regulatory organisation not sold or
transferred in accordance with the rules of the self-regulatory
organisation … … … … …
(2) By way of security: the same rates of duty as on a mortgage.
(3) By way of gift: the same rate of duty as on a conveyance or
transfer on sale.
(4) To a residuary legatee when the stock, funded debt or shares from
part of the residue divisible under a will, or to a beneficiary under
a will of a specific legacy, or being the property of a person
dying intestate, to the party or parties entitled … … 0.50
(5) In any other case not hereinbefore described … … 2.50
EXEMPTIONS
Conveyance or transfer of shares of any company or corporation to any worker of
that company or corporation.
For the purposes of this exemption “worker” has the same meaning as in the
Industrial Relations Act.
Issue, conveyance or transfer of any marketable security issued by a bank licensed
under the Banking Act or a financial institution licensed under the Financial Institutions
(Non-Banking) Act, being undivided shares in mortgages or interests therein, such
security having been created in pursuance of a Trust Fund.
*The Banking Act and the Financial Institutions (Non-Banking) Act have been repealed by the
Financial Institutions Act 1993 (Act No. 18 of 1993) with savings re Subsidiary Legislation.
five per cent
of the market
value of the
transaction.
Duty
$/%
Ch. 88:01.
*Ch. 79:01.
*Ch. 83:01.
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UPDATED TO DECEMBER 31ST 2014
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Stamp Duty Chap. 76:01 53
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Duty
$/%
(1) Subject to the proviso to this paragraph and to paragraphs (2) and
(3) where the amount or value of the consideration for the sale—
does not exceed fifty dollars … … … … 1.00
exceeds fifty dollars but does not exceed one hundred dollars … 2.00
exceeds one hundred dollars but does not exceed two hundred
and fifty dollars … … … … … 5.00
exceeds two hundred and fifty dollars but does not exceed one
thousand, five hundred dollars for every two hundred and fifty
dollars and also for any fractional part of two hundred and fifty
dollars thereof … … … … … 5.00
exceeds one thousand, five hundred dollars but does not exceed
three hundred thousand dollars … … … 2%
exceeds three hundred thousand dollars but does not exceed
four hundred thousand dollars … … … 5%
exceeds four hundred thousand dollars … … … 7%
Provided that only half the above rates of duty shall be payable where
the amount or value of the consideration for the sale does not
exceed one thousand, five hundred dollars and the instrument
contains a statement to be made by the conveyancer certifying
that the transaction thereby effected does not form part of a larger
transaction or of a series of transactions in respect of which the
amount or value, or the aggregate amount or value, of the
consideration exceeds one thousand, five hundred dollars.
(2) Where the property is, or includes, a dwelling-house and the
property is for use wholly or mainly for residential purposes, if
application has been made to the Board in the form approved by
the Board and evidence has been provided to the Board sufficient
to satisfy it as to those matters, instead of the rates of duty
provided for in paragraph (1), the duty is as follows:
The following rates shall apply to the amount or value of the
consideration for the sale:
for every dollar of the first four hundred thousand dollars in excess
of eight hundred and fifty thousand dollars … … 3%
for every dollar of the next five hundred thousand dollars … 5%
for every dollar thereafter … … … … 71⁄2%
(3) Where the property does not include a dwelling house and the
property is for use wholly for residential purposes, and an
application has been made to the Board in the form approved by
the Board and evidence has been provided to the Board sufficient
to satisfy it as to those matters, instead of the rates of duty
provided for in paragraph (1), the duty is as follows:
for every dollar of the first two hundred thousand dollars in excess
of four hundred and fifty thousand dollars … … 2%
for every dollar of the next two hundred thousand dollars in excess
of six hundred and fifty thousand dollars … … 5%
for every dollar thereafter in excess of eight hundred and fifty
thousand dollars … … … … … 7%
*See Note on First Schedule on page 3.
*Conveyance or transfer on sale of any property:
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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54 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
EXEMPTIONS
State Grant of Land
Conveyance or transfer of any kind not hereinbefore described … 5.00
and see section 47
Covenant: Any separate deed of covenant (not being an instrument
chargeable with ad valorem duty as a conveyance on sale or mortgage)
made on the sale or mortgage of any property, and relating solely to the
conveyance or enjoyment of, or the title to, the property sold or
mortgaged, or the production of the muniments of title relating thereto,
or to all or any of the matters aforesaid:
Where the ad valorem duty in respect of the
consideration or mortgage money does not
exceed two dollars and fifty cents
In any other case … … … … … … … 5.00
Deeds of any kind whatsoever not otherwise mentioned in this
Schedule … … … … … … … 25.00
Duplicate or counterpart of any instrument
chargeable with any duty.
and see section 49
Exchange, Partition or Division:
Instrument effecting, if not otherwise charged by this Act … … 25.00
and see section 50
Lease for any definite term or for any indefinite term,
(1) of any lands or hereditaments—
(a) Where the consideration, or any part of the consideration,
moving either to the lessor or to any other person, consists of
money, stock or security, not being by way of rent—
Duty
$/%
{
}
}
}
The same duty if any
as a conveyance on
sale for the same
consideration.
In respect of such
consideration
The same duty
as the original
instrument.
A duty equal to
the amount of
such ad valorem
duty.
The same duty if any as a
conveyance on a sale, the value
of the property conveyed or
transferred being taken as the
amount of the consideration.
Conveyance or transfer
operating as a voluntary
disposition inter vivos
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Stamp Duty Chap. 76:01 55
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) Where the consideration, or any part of the consideration, is any rent—
In respect of such consideration—
(i) does not exceed $25 …
(ii) exceeds $25 but does not
exceed $125, for every $25,
and also for any fractional
part of $25 thereof …
(iii) exceeds $125 but does not
exceed $250 … …
(iv) exceeds $250 but does not
exceed $350 … …
(v) exceeds $350 but does not
exceed $500 … …
(vi) exceeds $500, for every
$250, and also for any
fractional part of $250
thereof … …
(2) of any other kind not hereinbefore described … … … 10.00
EXEMPTIONS
Lease for any definite term less than one year—
(i) of any dwelling house or tenement or part of a dwelling house
or tenement at a rent not exceeding $50 a year.
(ii) of any furnished dwelling house or apartments
and see sections 51 to 54
*Lease of State Agricultural Lands in respect of small and medium
sized parcels up to a maximum of ten hectares
Duty
$/%
If the rent, whether reserved as a
yearly rent or otherwise, is at a
rate or average rate per year
which
6.00
6.00
60.00
80.00
120.00
60.00
3.00
3.00
30.00
40.00
60.00
30.00
0.50
0.50
5.00
7.00
10.00
5.00
If the term
exceeds
100 years
$ $ $
If the term
exceeds 35
years but
does not
exceed 100
years
If the term
does not
exceed 35
years or is
indefinite
Nil
Nil
}
* This exemption is deemed to have come into effect on 5th March 2009 (SeeAct No. 13 of 2010).
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56 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
*Mortgage, Bond, Debenture, Covenant, Bill of Sale, or Warrant of
Attorney to confess and enter up judgment:
(1) Being the only or principal or primary security for the payment
or repayment of money not exceeding $125 … … … 0.25
Exceeding $125 and not exceeding $ 250 … … … 0.50
do. 250 do. 500 … … … 1.00
do. 500 do. 750 … … … 1.50
do. 750 do. 1,000 … … … 2.00
do. 1,000 do. 1,250 … … … 2.50
do. 1,250 do. 1,500 … … … 3.00
Exceeding $1,500, for every $250, and also for every fractional part
of $250 of such amount … … … … 0.50
Exceeding $1,500, for every $250, and also for every fractional part of
$250 of such amount (in respect of property other than property
which is or includes a dwelling house and is used wholly or
mainly for residential purposes … … … … 1.00
(2) Being a collateral, or auxiliary, or additional, or substituted
security, or by way of further assurance for the above-mentioned
purpose where the principal or primary security is duly stamped:
For every $500, and also for any fractional part of $500, of the
amount secured … … … … … 0.25
Provided that the whole amount of duty payable under or by
reference to this paragraph shall not exceed $5.00.
(3) Transfer or assignment of a mortgage, bond, debenture, or covenant, or
of any money or stock secured by such instrument, or by any Warrant
of Attorney to enter up judgment, or by any judgment:
For every $500, and also for any fractional part of $500, of the
amount transferred or assigned … … … … 0.25
Duty
$/%
}And also where any furthermoney is added to the moneyalready secured The same duty as aprincipal security forsuch further money.
*See Note on First Schedule on page 3.
EXEMPTIONS—Continued
UNOFFICIAL VERSION
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Stamp Duty Chap. 76:01 57
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
*The Banking Act and the Financial Institutions (Non-Banking) Act have been repealed by the
Financial Institutions Act, 1993 (Act No. 18 of 1993) with savings re Subsidiary Legislation.
*Ch. 79:01.
*Ch. 83:01.
Ch. 79:08.
Duty
$/%
(4) Re-conveyance, Release, Discharge, Surrender, Warrant to vacate,
or Renunciation of any such security as aforesaid, or of the benefit
thereof, or of the money thereby secured:
For every $500, and also for any fractional part of $500, of the
total amount or value of the money at any time secured … 0.25
and see sections 55 to 57
EXEMPTIONS
Debenture or Certificate for Drawback of Customs Duty—
Certified statement of examination results … … … 5.00
Other Notarial Acts of any kind, not being a protest … … 0.50
Mortgage Deeds in respect of property that—
(a) is, or includes, a dwelling house; and
(b) is used wholly or mainly for residential purposes,
where the sum secured by the mortgage does not exceed $850,000 but
this exemption only applies if application for it has been made to the
Board in a form approved by the Board and evidence has been provided
to the Board sufficient to satisfy it that the sum secured was required for
the purchase of property satisfying the requirements of paragraphs (a)
and (b).
Transfer or assignment by a bank licensed under the Banking Act
or a financial institution licensed under the Financial Institutions
(Non-Banking) Act of a mortgage or any interest therein for the sole
purpose of creating a Trust Fund in which investors participate by
purchasing as marketable securities undivided shares in such mortgages
or interests therein.
Bonds issued by the Home Mortgage Bank established under the
Home Mortgage Bank Act.
and see section 58
Notice of exportation under a general bond for drawback of Customs
Duty by virtue of or in relation to any such notice:
For every $5 or part thereof … … … … 0.10
Partition, Division or Exchange—
See Exchange
Permit for the removal of Gunpowder… … … … 0.05
Policy of Insurance—
Against loss or damage by fire … … … … 0.25
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58 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
} The same duty as aconveyance on a sale forthe same consideration.If made for valuableconsideration the amount orvalue whereof exceeds $500
EXEMPTION
Policy of Insurance upon any life or lives or upon any event or
contingency relating to or depending upon any life or lives.
and see section 59
Policy of Sea Insurance—
For or upon any voyage:
In respect of every full sum of $500, and in respect of any fractional
part of $500 … … … … … 0.25
EXEMPTIONS
(1) Policy of Insurance against accidents and Policy of Insurance for
any payment agreed to be made during the sickness of any person
or his incapacity from personal injury.
(1A) Policy of Insurance in respect of cargo on board any ship or vessel.
(2) Policy of Insurance or appointment or revocation of appointment of
agent, or other document required or authorised by the Friendly
Societies Act or by Rules of a registered Friendly Society or branch.
and see sections 61 to 65
Re-Grant of forfeited lands under the Lands and Buildings Taxes
Act, or of lands escheated to the State, or of any beneficial interest
in lands reconveyed by the State:
Duty
$/%
Ch.32:50.
Ch. 76:04.
And in all other cases … … … … … 2.50
Share Warrant or stock certificate of any public company:
For $50 or any part of $50 … … … … 0.10
and see sections 74 to 75
Settlement—Any instrument, whether voluntary or upon any good or
valuable consideration, other than a bona fide pecuniary consideration,
whereby any definite and certain principal sum of money (whether
charged or chargeable on lands or other hereditaments or not, or to be laid
out in the purchase of lands or other hereditaments or not), or any definite
and certain amount of stock, or any security, is settled or agreed to be
settled in any manner whatsoever:
For every $500, and also for any fractional part of $500, of the
amount or value of the property settled or agreed to be settled … 5.00
UNOFFICIAL VERSION
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Stamp Duty Chap. 76:01 59
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
EXEMPTION
Instrument of appointment relating to any property in favour of persons
specially named or described as the objects of a power of appointment, created
by a previous settlement stamped with ad valorem duty in respect of the same
property or by Will, where duty has been paid on the same property in respect
of its devolution by the death of the testator.
and see sections 71 to 73
Declaration of Trust in relation to a Trust Fund pursuant to which
mortgages or any interests therein are placed in trust for investors who
participate by purchasing as marketable securities issued by a bank
licensed under the Banking Act or a financial institution licensed under
the Financial Institutions (Non-Banking) Act undivided shares in those
mortgages or interests therein.
GENERAL EXEMPTIONS FROM ALL STAMP DUTIES
Currency Notes issued or deemed to have been issued under the Banking Act and
the Central Bank Act, respectively.
Bond given to the Marshal or any other person upon the replevy of any goods or
chattels, and assignments of such bond.
Debentures issued in Trinidad and Tobago by the Government or by a Municipal
Corporation, and instruments for sale or transfer of such debentures.
Instruments for sale, transfer or other disposition either absolutely or by way of
mortgage, or otherwise, of any ship or vessel, or any part, interest, share or property of
or in any ship or vessel.
Postal or Money Orders of any description issued or paid by the Trinidad and
Tobago Post.
Instruments under the Co-operative Societies Act.
Instruments executed by or on behalf of the Trinidad and Tobago Tourist Board.
Instruments executed by or on behalf of the Eastern Caribbean Institute of Forestry
and Agriculture.
Instruments executed by or on behalf of the University of the West Indies.
Instruments executed by or on behalf of the Council of Legal Education.
†Instruments executed by or on behalf of the Government in respect of Deeds of
Assignments relating to the transfer of rights from policy holders of Colonial Life Insurance
Company (CLICO) and British American Life Insurance Company Limited (BAT).
Instruments executed by or on behalf of the Government in respect of the transfer
of shares in Republic Bank Limited owned by Colonial Life Insurance Company
(CLICO) to the Government.
Ch. 81:03.
*Ch. 79:01.
Ch. 79:02.
Ch. 81:03.
*The Banking Act has been repealed by the Financial Institutions Act, 1993 (Act No. 18 of 1993)
with savings re Subsidiary Legislation.
† This exemption took effect from 1st January 2012.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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60 Chap. 76:01 Stamp Duty
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Instruments executed by or on behalf of the Government in respect of the transfer of
shares in Republic Bank Limited from the Government to the CLICO Investment Fund (CIF).
Instruments executed by or on behalf of the Government in respect of the transfer
of Units by the Government to persons who have received bonds to be redeemed from
the eleventh to the twentieth year, after the initial offer period.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE. } (Repealed by Act No. 5 of 1995).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty Chap. 76:01 61
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SUBSIDIARY LEGISLATION
STAMP DUTY REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
REQUISITION FOR, CUSTODY OF AND ACCOUNTING
FOR EMBOSSED ADHESIVE AND IMPRESSED STAMPS
3. Office hours.
4. Forms of requisitions.
5. Clerk to check requisitions.
6. Mode of delivering, embossing or impressing stamps.
7. Safe custody of dies.
8. Accounts of embossed adhesive stamps.
9. Spoilt stamps.
10. Moneys to be handed over to Cashier.
11. (Repealed by Act No. 37 of 1989).
12. Checking of dates of dies.
13. (Repealed by Act No. 37 of 1989).
14. Checking of accounts of adhesive stamps.
ADJUDICATION OF STAMP DUTY
15. Application for adjudication under section 21 of the Act.
16. Procedure for adjudication.
DESCRIPTION OF STAMPS TO BE USED
ON INSTRUMENTS
17. Use of embossed adhesive or impressed stamps.
18. (Repealed by Act No. 37 of 1989).
19. Use of embossed adhesive, impressed or postage stamps.
20.
21.} (Repealed by Act No. 37 of 1989).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
62 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
123/1955.
[37 of 1989
165/2002].
Citation.
Interpretation.
Office hours.
[165/2002].
Forms of
requisitions.
Clerk to check
requisitions.
Mode of
delivering,
embossing or
impressing
stamps.
STAMP DUTY REGULATIONS
made under section 5
1. These Regulations may be cited as the Stamp
Duty Regulations.
2. In these Regulations—
“Cashier” means the Cashier of the Department;
“Department” means the Inland Revenue Department;
“officer” means an officer of the Department;
“Stamp Clerk” means the Stamp Clerk of the Department.
REQUISITION FOR, CUSTODY OF AND ACCOUNTING
FOR EMBOSSED ADHESIVE AND IMPRESSED STAMPS
3. The Stamp Duty Office of the Department shall be open
to the public for the sale of stamps on Mondays to Fridays from
8.00 a.m. to 4.00 p.m.
4. Requisitions for embossed adhesive and impressed
stamps shall be made in writing, for which purpose forms shall
be kept at the Stamp Duty Office of the Department.
5. The requisition for embossed adhesive or impressed
stamps, when duly signed by the applicant, shall be examined by
the Stamp Clerk, who shall initial the same when he has satisfied
himself of the correctness of the calculations shown thereon in
respect of the duty chargeable.
6. (1) The requisition for embossed adhesive or impressed
stamps, after having been checked by the Stamp Clerk as to the
correctness of the calculations shown thereon, shall be kept by
that officer as a voucher of his having received payment of the
duty before delivering the stamps to the applicant or impressing
the stamps on the instrument chargeable with duty.
(2) When an embossed adhesive stamp is affixed to the
instrument chargeable with duty it shall be over-embossed by a
die showing on the stamps the date of the payment of the duty.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty Regulations [Subsidiary]
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L.R.O.
Safe custody
of dies.
Accounts of
embossed
adhesive
stamps.
Spoilt stamps.
Moneys to be
handed over
to Cashier.
Checking of
dates of dies.
(3) The impressing of stamps shall be done under the
supervision of the Stamp Clerk, whose primary duty it shall be to
see that the stamps impressed are paid for before they leave the
Stamp Duty Office.
7. The Stamp Clerk shall be responsible for the safe
custody of the over-embossing and the impressed stamp dies, and
he shall see that these dies and the stamping machines are kept in
proper order.
8. The Stamp Clerk shall keep an account of the embossed
adhesive stamps supplied to him in a book showing on one side
in detail according to denomination the number of stamps
delivered to him and the total value thereof, and on the other side
the daily payments made by him to the Cashier, which must be
supported by the Cashier’s receipts.
9. The Stamp Clerk shall not exchange spoilt embossed
adhesive or impressed stamps for other stamps without the
authority of the Board or of any officer authorised by it in that
behalf, and such authority shall be signified by the Board or such
officer on the embossed adhesive stamps exchanged and, as
regards impressed stamps, in the account book of impressed
stamps kept by the Stamp Clerk.
10. The Stamp Clerk shall daily at 3.00 p.m., pay over to the
Cashier all moneys received for the sale of stamps. Moneys on
hand for stamps sold after the hours aforementioned shall be
paid to the Cashier together with the moneys for sales of the
following day.
11. (Repealed by Act No. 37 of 1989).
12. An officer shall see that the dates of the over-embossing and
the impressed stamp dies are changed every day with the correct
dates by a daily examination of the specimens of the dies impressed
on sheets of paper which shall be kept filed in a guard book.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty Regulations[Subsidiary]
64 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
13. (Repealed by Act No. 37 of 1989).
14. An officer shall, at least once a month, check the
accounts of the embossed adhesive stamps and impressed stamps
kept by the Stamp Clerk and take stock of the embossed adhesive
stamps in the hands of the Stamp Clerk.
ADJUDICATION OF STAMP DUTY
15. Any person requiring the Board, under section 21 of the
Act, to express its opinion with reference to the chargeability
with duty of any executed document, shall do so in writing and
shall present to the Board, at its office in Port-of-Spain, the
instrument upon which the Board is required to adjudicate or
reasonable particulars thereof.
16. If the instrument itself is presented, the presentation shall
take place, if possible, after execution by the parties to the
instrument. If the instrument cannot be presented, a copy of it
or an abstract stating the date and description of the instrument,
the names and addresses of the parties thereto, and including
the recitals and operative parts of the instrument and such other
particulars as will enable an assessment of the stamp duty to be
made, shall be presented.
DESCRIPTION OF STAMPS TO BE USED
ON INSTRUMENTS
17. The stamp duty on the undermentioned instruments
shall be collected by means of embossed adhesive or
impressed stamps:
Admission of any person as an Attorney-at-law in the High Court.
Appointment of a new trustee, and appointment in execution of
a power of any property, or of any use, share or interest in
any property, by any instrument not being a Will.
Appraisement, where the amount of the appraisement or
valuation exceeds $250.
Checking of
accounts of
adhesive
stamps.
Application for
adjudication
under section 21
of Act.
Procedure for
adjudication.
Use of
embossed
adhesive or
impressed
stamps.
[37 of 1989].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty Regulations [Subsidiary]
Stamp Duty Chap. 76:01 65
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L.R.O.
Articles of Clerkship.
Award, where the amount or value of the matter in dispute
exceeds $250.
Bond.
Conveyance or Transfer.
Covenant by Deed.
Deed of any kind not specified in this regulation or in
regulation 19.
Lease, where the duty exceeds 25 cents.
Letter or Power of Attorney, Mandate, or other instrument in
the nature thereof, where the duty exceeds 60 cents.
Mortgage, Bond, Debenture, Covenant, Bill of Sale, or Warrant
of Attorney to confess or enter up judgment.
Partition, Division or Exchange, instrument effecting.
Share warrant or Stock Certificate of any public company.
Settlement, when subject to duty.
18. (Repealed by Act No. 37 of 1989).
19. The stamp duty on the undermentioned instruments
shall be collected either by means of embossed adhesive,
impressed or postage-revenue stamps at the option of the person
chargeable:
Agreement, under hand only, liable to the fixed duty of 15 cents.
Appraisement or Valuation, where the amount of the
appraisement or valuation does not exceed $250.
Award, where the amount or value of the matter in dispute does
not exceed $250.
Bill of Health.
Charter-Party or any agreement or contract for the charter of
any ship or vessel.
Use of
embossed
adhesive,
impressed or
postage stamps.
[37 of 1989].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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66 Chap. 76:01 Stamp Duty
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Lease, where the duty does not exceed 25 cents.
Letter or Power of Attorney, Mandate or other instrument in the
nature thereof, where the duty does not exceed 60 cents.
Notarial act of any kind, not being a protest.
Notice under a general bond.
Permit for the removal of gunpowder.
Policy of Insurance of any kind whatsoever.
Re-grant of forfeited lands under the Lands and Buildings
Taxes Act, or of lands escheated to the State or of any
beneficial interest in lands re-conveyed by the State.
20.
21.} (Repealed by Act No. 37 of 1989).
Ch. 76:04.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Stamp Duty Chap. 76:01 67
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
STAMP DUTY (FEES) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Stamping documents for certain offices.
3. Stamping with postage stamps.
4. Cancellation of stamps.
5. Persons authorised to cancel stamps.
6. Initialling of stamps on cancellation.
7. Periodic inspection of stamped documents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
68 Chap. 76:01 Stamp Duty
LAWS OF TRINIDAD AND TOBAGO
STAMP DUTY (FEES) REGULATIONS
made under section 6
1. These Regulations may be cited as the Stamp Duty
(Fees) Regulations.
2. (1) Where upon the issuing, drawing up, filing,
registration, delivery for service, execution or otherwise of any
document in any office to which this Regulation applies any fee
is payable by means of stamps, such document shall have affixed
to it at the time of such issuing, drawing up, filing, registration,
delivery for service, execution or otherwise, a stamp or stamps to
the value of such fee.
(2) This regulation shall apply to the following offices
namely, the offices of:
(a) the Administrator General and Official Receiver;
(b) the Magistrate of St. George West;
(c) the Magistrate of the County of Victoria at
San Fernando;
(d) the Port-of-Spain Petty Civil Court;
(e) the Registrar General;
(f) the Registrar and Marshal of the High Court;
(g) the San Fernando Petty Civil Court; and
(h) the Assistant Registrars and Deputy Marshals
of the High Court.
3. Every fee payable by means of stamps may be denoted
by any postage stamps for the time being in use in Trinidad
and Tobago, the total value of which should be not less than
the amount of the fee payable; but no document shall bear
upon it, in respect of one fee, more than six stamps of less
value than $5.00.
4. (1) Where stamps are affixed to any document in
payment of any fee such stamps shall be cancelled in the Court or
125/1958.
Citation.
Stamping
documents for
certain offices.
Stamping with
postage stamps.
Cancellation of
stamps.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty (Fees) Regulations [Subsidiary]
Stamp Duty Chap. 76:01 69
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L.R.O.
public office in which such fee is payable by perforation and by
having the name of the office in which and the date on which
such cancellation is effected imprinted thereon by an inked die.
(2) Stamps on every document properly presented to or
received in any public office (other than the Audit Office) for
any purpose whatsoever shall, where the fees denoted by such
stamps are not payable in such office, be cancelled by perforation
if not so previously cancelled.
5. Stamps shall be cancelled by the following persons:
(a) in the office of the Administrator General, by
the Administrator General or any officer
appointed by him;
(b) in the offices of—
(i) the Magistrate of St. George West;
(ii) the Magistrate, County of Victoria, at
San Fernando;
(iii) the Port-of-Spain Petty Civil Court;
(iv) the San Fernando Petty Civil Court,
by the Magistrate or any officer appointed
by him;
(c) in the office of the Official Receiver, by the
Official Receiver or any officer appointed by him;
(d) in the office of the Registrar General, by the
Registrar General or Deputy Registrar General or
any officer appointed by the Registrar General;
(e) in the office of the Registrar and Marshal of the
High Court, by the Registrar, Deputy Registrar,
or any officer appointed by the Registrar;
(f) in the office of an Assistant Registrar and
Deputy Marshal, by the Assistant Registrar or
any officer appointed by him;
(g) in the office of the Commissioner of Police, by
the officer signing the document;
Persons
authorised to
cancel stamps.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Stamp Duty (Fees) Regulations[Subsidiary]
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(h) in public offices other than those mentioned in
subparagraphs (a) to (g)—
(i) where the document to which the stamps
are affixed is required to be signed before
an officer, by that officer; and
(ii) where the document to which the stamps
are affixed is not required to be signed
before any officer, by the officer into
whose hands the document first comes.
6. Persons authorised to cancel stamps or whose duty it is to
receive documents to which are affixed stamps to be cancelled
shall initial the stamps as evidence that they have accepted such
stamps as unused and genuine.
7. Persons authorised to cancel stamps shall, at irregular
intervals, inspect the stamped documents in their custody to
ascertain that stamps have not been removed therefrom.
Initialling of
stamps on
cancellation.
Periodic
inspection of
stamped
documents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
Stamp Duty Chap. 76:01 71
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
126/1958.
Citation.
Fees payable
in stamps.
Fees payable
in stamps
or money.
Ch. 4:20.
STAMP DUTY (PAYMENT OF FEES) ORDER
made under section 6
1. This Order may be cited as the Stamp Duty (Payment
of Fees) Order.
2. The following fees shall be collected by means of
stamps, that is to say, the fees payable in the offices of:
(a) the Administrator General and Official Receiver;
(b) the Port-of-Spain Petty Civil Court;
(c) the Registrar General;
(d) the Registrar and Marshal of the High Court;
(e) the San Fernando Petty Civil Court; and
(f) the Assistant Registrars and Deputy Marshals of
the High Court.
3. The fees payable in the office of the Magistrate of
St. George West and in the office of the Magistrate of the County
of Victoria at San Fernando shall be collected—
(a) in the case of fees allowed by the First Schedule
to the Summary Courts Act, by means of
stamps; and
(b) in the case of any other fees, in money.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
