Urgent! Who pays stamp duty when renting an apt - the landlord or the tenant?

[pingpangqiu]

www.geoexpat.com/forum/61/thread19754.html

Hi everyone,

My wife and I are getting the keys to an apartment tonight that we are renting and the agent phoned to say that I need to pay the stamp duty. On the post above some people said they have never paid stamp duty in 10 years and others said they shared the cost of stamp duty with the landlord.

I know it's only a few hundred $HK, but it's more the principle as it was never mentioned by the agent.

What do you guys think? To pay or not to pay?

Many thanks,

Ping pang qiu

[hullexile]

We split it with the landlord.

[Claire ex-ax]

50/50 is the norm.

[bookblogger]

Yes, split.

[pingpangqiu]

Thank you both for your super quick replies.
I will call the agent now. I like the way this site helps expats
to not get fleeced

[pingpangqiu]

I take my comment back about getting fleeced. I just called my agent and he seemed really surprised when I said that I thought I had to pay the stamp duty...I was on the MTR when he told me so couldn't hear the phone very well. He confirmed that the stamp duty will definitely be split 50:50 with the landlord.

Thanks very much for confirming anyway guys.

I wouldn't expected the agent to rip me off as he seems a very honest hard working guy. I've got nothing to gain from this but I would definitely recommend Eric from Midland Reality (la Grandoise branch) if you're looking to buy/rent an apt. around Tsueng Kwan O/Tiu Keng Leng area. He lived in Australia for 5 years so speaks decent English and is a nice guy and not at all pushy. I know I've changed my tune, but you have to give praise when it is due. That's what this forum is for, n'est ce pas...

[Claire ex-ax]

pingpang, just so you know there is no actual law concerning this - it's up to the landlord and tenant to agree on the split. So if anyone mentions otherwise, you know they are pulling one over on you.

[Boris]

errr - actually there is
( edit because typing with baby in one hand is never good )
Its common law by convention http://www.deacons.com.hk/eng/knowle...owledge_58.htm and is so because the liability of tax can be apportioned to either party because the contract is " owned " by both parties. There is no distinction by judgement precedent in HK, so until someone kicks of and gets a judge to rule on the tax law ( where there is no direction given as to whom is liable ) the common law ( re convention accepted generally ) applies.

[Claire ex-ax]

errr - actually there is

Please cite Chapter and Section.