| Commentary

66.3.1 Background

| Commentary

66.3 Stamp duty

66.3.1 Background

Certain types of written agreement and other ‘instruments’ attract stamp duty1. An ‘instrument’ is ‘every written document’2. In the contract it may be useful to state which party will be responsible for having the relevant documents stamped. Although a matter for commercial negotiation, it is more often the buyer who wishes to rely on the stampable document in court, and it will be that party who will pay the stamp duty. A court will not admit documents which are stampable, but have not been stamped. There are penalties for late stamping.

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