The Stamp Duty (Amendment) Act, 2008 Act 764

THE STAMP DUTY (AMENDMENT) ACT, 2008 (ACT 764)
ACT 764
REPUBLIC OF GHANA
THE SEVEN HUNDRED AND SIXTY-FOURTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE STAMP DUTY (AMENDMENT) ACT, 2008
AN ACT to amend the Stamp Duty Act, 2005 (Act 689) and to provide for related purposes.
DATE OF ASSENT: 24TH NOVEMBER, 2008
Stamp Duty Act amended
The Stamp Duty Act, 2005 (Act 689) is amended as follows:
(a) in subsection (5) of section 10, by the deletion of "or stamp" and the insertion of "or
stamped";
(b) in subsection (2) of section 16 by the deletion of "the next" and the insertion after the word
"years" of "following";
(c) in section 17
(i) line 1, by the insertion before "conveyed" of "mortgaged or"; and
(ii) in line 7, before "conveyance" by the insertion of "mortgage or",
(d) in section 20:
(i) subsection (1), by the deletion of "of sale" and the insertion of "on sale",
(ii) subsection (4) (d), by the deletion of "expressed" and the insertion of "express", and
1

he deletion of "of sale" and the insertion of "on sale",
(ii) subsection (4) (d), by the deletion of "expressed" and the insertion of "express", and
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(e) by the substitution for the First Schedule of the following new First Schedule:
SCHEDULE
"FIRST SCHEDULE
(Section 1)
TABLE OF STAMP DUTIES
Rate
GH
AGREEMENT or memorandum of agreement not specifically charged wtih a duty, whether it
is only evidence of a contract or obligatory on the parties from it being a written instrument .. 5Gp
Exemptions
(1) Agreement or memorandum the subject matter of which is valued less than GH05O.OO
(2) Agreement or memorandum related to an employment or training of an individual
(3) Agreement, letter or memorandum made for or related to the sale of any goods, wares or
merchandise. AGREEMENT for a sale or for letting. (See "Lease" and sections 22 and 23)
APPOINTMENT of a new trustee of property, or of any use, share, or interest in property by
instrument not being a will............................. ............................ .. .. 2.5O
BOND (See "Mortgage".)
CONCESSION .. .. .. .. .. .. .. .. .. .. ..

t being a will............................. ............................ .. .. 2.5O
BOND (See "Mortgage".)
CONCESSION .. .. .. .. .. .. .. .. .. .. ..

1O.OO
CONTRACTS (See: "Agreement")
CONVEYANCE OR TRANSFER on sale of a property
(1) Where the amount of the value of consideration for the sale is not more than GH01O,OOO.OO
0.25%
(2) Where the amount of the value of consideration is more than GH01O,OOO.OO but less than
GH05O,OOO.OO .. .. .. .. .. .. .. ......................... O.5%
(3) Where the amount of the value of consideration is more than GH05O,OOO.OO (See section
15 to 18) .. .. .. .. .. .. .. .. .. .. .. .. 1/
Exemptions
2

3) Where the amount of the value of consideration is more than GH05O,OOO.OO (See section
15 to 18) .. .. .. .. .. .. .. .. .. .. .. .. 1/
Exemptions
2

Certificate of purchase of land sold under any enactment. Conveyance or transfer of property which forms part of an intestate estate to the person entitled
on intestacy. CONVEYANCE OR TRANSFER operating as a voluntary disposition inter vivos. Rate
GH
The same duty as a conveyance on sale, the value of the property conveyed or transferred being
taken as the amount of the consideration. CONVEYANCE OR TRANSFER of any kind not described in this Schedule 1 per cent
of monetary consideration or 10.00 whichever is the greater
COPY OR EXTRACT (attested or in any manner authenticated) of or from instrument
chargeable with a duty not amounting to GH5p the same duty as that of the original instrument. In any other case .. .. .. .. .. .. .. .. .. .. .. 1.00
COUNTERPART. (See "Duplicate".)
DECLARATION of a trust concerning a property by a writing. 2.00
DEPOSIT OF TITLE DOCUMENTS. (see"Mortgage" and section 25 and section 26)
50Gp
DUPLICATE OR COUNTERPART of any instrument chargeable with duty 50Gp
Where the duty on the original instrument is less than 50Gp the same duty as the original
instrument. (See section 21.)
EXTRACT. (see "Copy or Extract")
FURTHER CHARGE of further security.

ent is less than 50Gp the same duty as the original
instrument. (See section 21.)
EXTRACT. (see "Copy or Extract")
FURTHER CHARGE of further security.

(See "Mortgage"). INDEMNITY, letter or other instrument of indemnity .. 1.00
LEASE
(1) For any definite term up to three years:
(a) Where the rent for such term is not more than GH050.00
(b) Where the rent for such term is more than GH050.00
0.5%
1%
(2) For any other definite term:
3

ere the rent for such term is not more than GH050.00
(b) Where the rent for such term is more than GH050.00
0.5%
1%
(2) For any other definite term:
3

Where the consideration, or a part of the consideration, moving either to the lessor or to any
other person, consists of any money, stock or security:
In respect of such consideration - the same duty as a conveyance on sale for the same
consideration, where the consideration or any part of the consideration is rent then in respect
of such rent:
If the term is definite and isnot more than 5 years 0.5%
If the term is definite and isnot more than 21 years 0.5%
If the term is definite and isnotmore than 50 years 0.5%
If the term is more than 50 years 1%
(3) Lease of any other kind not described in this Schedule (See sections 22 and 23). 1%
Exemptions
Lease of land within the area of the former Tamale Urban Council at a peppercorn rent where
the lessor is the Government. LETTER OF AUTHORITY. (See "Power of Attorney".) MEMORANDUM OF
HYPOTHECATION .. 50Gp
MINING LEASE. (See "Concession" and "Lease".)
MORTGAGE, BOND, DEBENTURE, COVENANT, GUARANTEE, LIEN OR
INSTRUMENT OF SECURITY OF ANY OTHER KIND NOT DESCRIBED IN THIS
SCHEDULE
(1) Being the only or principal security for the payment or repayment of money in respect of
the amount secured ..

KIND NOT DESCRIBED IN THIS
SCHEDULE
(1) Being the only or principal security for the payment or repayment of money in respect of
the amount secured ..

0.5%
(2) Being a collateral, or auxilliary or additional or substituted security, or, by way of further
assurance, for the above mentioned purpose, where the principal or primary security is stamped
in respect of the amount secured
0.25%
(3) Transfer or assignment of any mortgage, bond debenture, covenant guarantee, lien or of
anything secured by any such instrument in respect of the amount transferred, assigned or
disposed of .. (See sections 25 and 26.)
0.25%
Exemptions
(1) Bond given by a public officer for the due execution of his duty. (2) Bond on which a fee is chargeable under the provisions of any other enactment. (3) Bonds entered into under or for any purposes of any enactment related to customs or excise. 4

rgeable under the provisions of any other enactment. (3) Bonds entered into under or for any purposes of any enactment related to customs or excise. 4

(4) Release, discharge, or surrender of a security mentioned above or of the benefit of the
security or the money secured by the security. NATURAL RESOURCES: Leases or licences
In addition to the duty otherwise payable under this Act on a concession or a mining lease
granted under an enactment:
Mineral lease .. .. .. .. .. .. .. .. .. .. .. 25.00
Offshore lease .. .. .. .. .. .. .. .. .. .. 25.00
Timber lease .. .. .. .. .. .. .. .. .. .. 12.50
Timber license .. .. .. .. .. .. .. .. .. .. 5.00
Prospecting license .. .. .................... ... ... ........... .. .. 2.50
Exclusive prospecting license .. .. .. .. .. .. .. .. .. 5.00
Quarrying license .. .. .. ............ ... .. .. .. .. 2.50
Diamond digging license .. .. .. .. .. .. .. .. .. 2.50
Leases under section 12(2) (c) of the Administration of Lands Act, 1962 (Act 123) .. 50Gp
POWER OF ATTORNEY or other instrument in that nature .. .. .. .. 2.00
Exemptions
(1) Appointment of a proxy to vote at a meeting. (2) Authority given to a person to receive from the Controller and Accountant-General's
Department any money due to a person as public officer from the Government.

given to a person to receive from the Controller and Accountant-General's
Department any money due to a person as public officer from the Government.

(3) Authority for the withdrawal of money deposited in any Savings Account in a Bank. (4) Authority which may be required by an agent transacting business with the Customs, Excise
and Preventive Service. TRANSFER. (See "Conveyance".)
General Exemptions from all Stamp Duties
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n agent transacting business with the Customs, Excise
and Preventive Service. TRANSFER. (See "Conveyance".)
General Exemptions from all Stamp Duties
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(1) Transfer of shares in Government stocks or funds of a foreign country. (2) Transfers made as part of divorce settlement or arrangement. (3) Transfers made upon gifts inter vivos from one spouse to another or from a parent to a child
or from a child to a parent. (4) Transfers of shares in unit trusts. (5) Transfers or conveyance to charities. (6) Transfers of loan capital. (7) All bankruptcy or insolvency documents. (8) An agreement, conveyance or other instrument relating to property of a company during
winding up. (9) Transfer of property under will or other instruments related to testamentary dispositions. (10) Probates, letters of administration and vesting assents. (11) Insurance policy and any declaration of any use or trust concerning a life policy, or
property representing, or benefits arising under a life policy. (12) Instruments for the sale, transfer, or other disposition, either absolutely or otherwise, of a
ship or vessel or of a part interest, share or property in a ship or vessel. (13) All instruments on which the duty would be payable by the Government.

hip or vessel or of a part interest, share or property in a ship or vessel. (13) All instruments on which the duty would be payable by the Government.

(14) All instruments which are made by, to or with an officer of the Government of Ghana on
behalf of the Government where, but for this exemption, that stamp duty would be payable by
an officer of the Government in an official capacity. (15) The exemption referred to in paragraph (14) shall not be construed to extend to any
instrument;
(a) made by, to or with a Government officer acting as ex-officio administrator or as receiver
under an order of court; or
(b) made by, to, or with a Government officer in relation to a sale for the recovery of an arrears
of revenue or rent or in satisfaction of any order or judgement of court. (16) (a) A conveyance, transfer, lease or other instrument transferring land or an interest in land
from the State Housing Company Ltd. or Tema Development Company Ltd. to a person. (b) A mortgage of land where the mortgagee is the State Housing Company Ltd. or Tema
Development Company Ltd.

ma Development Company Ltd. to a person. (b) A mortgage of land where the mortgagee is the State Housing Company Ltd. or Tema
Development Company Ltd.

(c) A conveyance, transfer, lease or other instrument transferring land or an intererst[sic] in
land from a person engaged in the business of construction of residential accommodation for
sale or letting to any other person if the vendor has registered that business with the
Commissioner under any law for the time being in force. (17) A transfer of shares in a company. 6

if the vendor has registered that business with the
Commissioner under any law for the time being in force. (17) A transfer of shares in a company. 6

(18) Bills of exchange including cheques, bank drafts or orders and letters of credit issued or
written by a banker in Ghana. (19) Bills of lading of goods, merchandise or effects. (20) (a) Where it is shown to the satisfaction of the Commissioner that an undertaking is to be
acquired by a company incorporated in Ghana and that the consideration for the acquisition
(except such part of it as consists in the transfer of, or discharge by the company of the liabilities
of the person formerly carrying on the undertaking) consists as to not less than ninety per
centum of it in the issue of shares to the persons formerly carrying on the undertaking, duty
shall not be chargeable on a document which transfers the beneficial interest in any of the assets
of the undertaking to the company;
(b) A document of the kind referred to in sub paragraph (a) shall not be considered as stamped
unless it is stamped with the duty to which it would, but for this paragraph, be liable or it has,
in accordance with the provisions of section 10 of this Act, been stamped with a particular
stamp indicating that it is not chargeable with any duty or that it is stamped.

e provisions of section 10 of this Act, been stamped with a particular
stamp indicating that it is not chargeable with any duty or that it is stamped.

(21) All instruments in respect of which exemption from stamp duty is conferred by Articles
23 and 34 of the Vienna Convention on Diplomatic Relations, as applied by section 1 of the
Diplomatic Relations Act, 1962 (Act 148). (22) All instruments in respect of which exemption from stamp duty is conferred by Articles
32 and 49 of the Vienna Convention on Consular Relations, as applied by section 5 of Part Two
of the Diplomatic Relations Act, 1962 (Act 148). Date of Gazette Notification: 28th November, 2008. 7