What is Stamp Duty

Who has to pay Stamp Duty

The accountable person pays Stamp Duty. In most cases, the accountable person is the person receiving the property.

However, in some cases, for example, where the property transfer is a gift, all parties to the instrument (written document) are accountable persons.

If the accountable person has died, their personal representative becomes liable.

The accountable person for various property transfer types is as follows:

Accountable person for various property transfer types
Transfer typeAccountable person

Property generally

The purchaser or transferee of the property (the person receiving the property)

Lease

The lessee (the person renting the property)

Other cases (for example, if the property transferred or leased is a gift)

The parties to the instrument

If there is more than one accountable person, they are jointly and severally liable to pay Stamp Duty.

Next: When do you pay Stamp Duty