A fixed-rent rental agreement is a rent for which a fixed rent is agreed in advance for the entire rental period. Stamp duty on fixed rent depends on rent tax rates. However, in the event of a decrease in rent or a reduction in the duration of the tenancy, the document is not subject to a stamp duty. The lease tax is rounded to the next dollar, subject to a minimum tax of $1. A premium rental agreement is a lease agreement for which a lump sum payment is made. Stamp duty must be paid on the premium on the basis of BSD rates. In the case of a rent supplement to the premium, stamp duty on rent must be paid on the basis of rental tax rates. Stamp duty must be paid on the consideration or market value of the rental interest transferred, depending on the higher amount, at the BSD rates. If the term of the tenancy has not started and the lease has been advanced or postponed without any change in the gross rent or the rental period, stamp duty is not payable. within 30 days of the relevant date (i.e.dem date of the agreement or the date of the first agreement, which has been concluded by the same parties under the same conditions if the agreement to be stamped is preceded by one or more of these agreements), unless otherwise provided by the Regulation In cases where the examination of a contract for the sale of a property has been amended by a complementary agreement before the transfer, the stamp board takes into account all the facts available at the time of signing, if the amount of the stamp tax has been changed by an additional agreement. For more information, please see the following link.
The agreement to sell and purchase residential real estate should be stamped within 30 days of the implementation of the agreement as soon as possible for the same transaction (para. For example, an interim agreement), unless the regulations on stamp duty are otherwise provided (Chapter 117). Under certain conditions, an application, electronically or paper, to defer the payment of stamp duty from a tax contract may be made until the execution of the transfer or the corresponding transfer. The maximum deferral period is 3 years after the date of the earliest agreement. The request for deferral should be made at the expiry or before the stamp period of the agreement. Details of application and stamp procedures can be found in the stamp procedures and in the explanatory notes on „punching agreements and assignments” (IRSD120). The time frames for stamping different types of documents are different. Relevant information can be found in the table below. Please note the examples 1 to 3 below for the calculation of stamp duty for installment or percentage GTO leases. The additional rent subject to stamp duty would be USD 600 In all cases, the maximum deferral period is 3 years after the corresponding date of the agreement With effect on April 1, 2010, the deferred payment of stamp duty does not apply to a paid contract for the sale of dwellings with a consideration of more than 20,000,000 USD. With effect as of June 30, 2011, all contracts for the sale and purchase of real estate signed on or after the date or after that date are not eligible for the deferral of the stamp duty payment. If stamp duty on an agreement has been deferred, the taxpayer or his agent should ensure that the deferred tax is paid at the later date.
If the transaction is cancelled, please apply for stamp duty exemption by filling out the U3/SOA/F04 form. In the event of an increase in rent or an extension of the term of the lease, stamp duty must be paid on the document based on the increase in rent or the rent of the extended tenancy period. The landlord grants an extension of the tenancy period, but grants a rent-free period corresponding to the extended period.