Stamp Duties

What is Stamp Duty?

Stamp duty is a tax on legal documents. Such documents are termed “instruments”.
It is payable on documents describe in the first schedule of the

.

Examples of such documents are:

• Lease / Tenancy Agreements

These are documents that are prepared and signed when you rent a property. Stamp duty is calculated on the actual rent or market rent whichever is higher.  The person who leases or rents the property (lessee or tenant) is responsible for paying stamp duty.

• Sale & Purchase Agreements

These are documents that are prepared and signed when you buy or sell your property. Stamp duty is payable on the actual price or market price whichever is higher.  The buyer is responsible for paying stamp duty.

• Mortgages

These are documents that are prepared and signed when you obtain a loan from banks for your property purchase.  Stamp duty is payable on the loan amount.  The person who obtains the loan (mortgagor) is responsible for paying the stamp duty on the mortgage document.

• Share Transfer Documents

These are documents that are prepared and signed when you buy or sell shares. Stamp duty is payable on the actual price or net asset value of the shares whichever is higher. The person who buys the shares (transferee) is responsible for paying stamp duty on the Share Transfer document.

When should I pay stamp duty?

Once the document is signed and dated, stamp duty needs to be paid:

• Within 2 months after the date of the document or
• More than 2 months and not more than 3 months after execution, a fine of 25% on the amount payable, but in no case shall the fine be less than FJ$2 or
• Within 3 months after execution, a fine of 50% on the amount of the duty payable, but in no case shall the last-mentioned fine be less than FJ$4 or
• If executed at any place out of Fiji, may be stamped at any time within 1 month after it has been received in Fiji.

Why should I pay stamp duty?

It is an offence to use a document which stamp duty has not been paid on.

A document where stamp duty is paid can be admitted as evidence in the court in cases of disagreements.

Which are the documents that I need not pay Stamp Duty?

Examples of documents where stamp duty is not payable:

• Affidavit
• Statutory Declaration
• Revocation of Power of Attorney
• Record of Death
• Will

What services are provided by Stamp Duties Unit?

The main functions of the Unit, which is also located at our Customer Service Centers, are as follows:

• To attend to all general enquiries
• To assess legal documents.
• To process conditional exemption, refinancing and refund applications.
• To attend to waiver of stamp duties submission to the Minister for Finance.
• To attend to stamping of legal documents.

 

Click below for all Stamp Duty forms:

 

Further information:

For more information, Contact Us or alternatively by email: (tepu@frca.org.fj, cectaxquerysuv@frca.org.fj or info@frca.org.fj).

 Print This Page  Email This Page