Stamp and Cheque Duties Act 1971 No 51 (as at 21 December 2010), Public Act

Reprint as at 21 December 2010

Stamp and Cheque Duties Act 1971

Public Act1971 No 51
Date of assent19 November 1971

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Inland Revenue Department.


Contents

Title

1 Short Title, commencement, etc

Part 1
Interpretation

2 Interpretation

3 Meaning of the term instrument [Repealed]

4 Instruments written together, or relating to more than 1 transaction [Repealed]

5 Meaning of the term executed [Repealed]

6 Meaning of the term deed [Repealed]

7 Meaning of the expression instrument of conveyance extended [Repealed]

8 Meaning of the term lease [Repealed]

9 Licence under Sale of Liquor Act 1989 deemed to be interest in land [Repealed]

Part 2
Liability for stamp duty

[Repealed]

10 Stamp duty payable [Repealed]

11 No stamp duty payable on certain instruments [Repealed]

12 No stamp duty payable on instruments conveying certain property [Repealed]

13 No stamp duty payable on instruments of conveyance to certain persons [Repealed]

14 No stamp duty payable on leases to certain persons [Repealed]

Conveyance duty

15 Conveyance duty [Repealed]

16 Conveyance by direction of intermediary [Repealed]

17 No conveyance duty payable on certain instruments of conveyance [Repealed]

18 No conveyance duty payable on certain surrenders of leases and conveyances to charities [Repealed]

19 No conveyance duty on instrument of conveyance executed pursuant to stamped agreement [Repealed]

20 No conveyance duty payable on more than 1 agreement in respect of the same transaction [Repealed]

21 No conveyance duty on agreement to convey if the instrument of conveyance executed pursuant to it is duly stamped [Repealed]

22 No conveyance duty payable on certain declarations of trust [Repealed]

22A No conveyance duty payable on instrument of conveyance executed in respect of first home [Repealed]

22B No conveyance duty payable on instrument of conveyance executed in respect of first farm [Repealed]

22C No conveyance duty payable in respect of transactions relating to certain family homes [Repealed]

23 Conveyance duty reduced if gift duty paid on conveyance [Repealed]

24 No conveyance duty payable in respect of conveyance of residential land [Repealed]

24A Conveyance duty reduced on instrument of conveyance of dwellinghouse [Repealed]

25 Agreement to convey on behalf of company to be incorporated [Repealed]

Lease duty

26 Lease duty [Repealed]

27 Duty on lease including chattels, timber, minerals, or other property [Repealed]

28 Lease duty to be computed on goodwill [Repealed]

29 Duty on instruments increasing rent or other consideration under lease [Repealed]

30 No lease duty payable on lease executed pursuant to stamped agreement [Repealed]

31 No lease duty payable on more than 1 agreement to lease in respect of the same transaction [Repealed]

32 No lease duty payable on agreement to lease if the lease executed pursuant to it is duly stamped [Repealed]

33 Duty on leases providing for re-determination of rent [Repealed]

34 Lease duty reduced if gift duty payable on lease [Repealed]

35 No lease duty payable in respect of lease of residential land [Repealed]

Deed duty

36 Deed duty [Repealed]

37 No deed duty payable on certain instruments [Repealed]

Denoting duty

38 Denoting duty [Repealed]

39 No denoting duty payable on certain instruments [Repealed]

Part 3
Valuation

[Repealed]

40 Value of property as at date instrument executed [Repealed]

41 Valuation not to be less than value expressed in instrument [Repealed]

42 Valuation of land [Repealed]

43 Objections to special valuations of land [Repealed]

44 Valuing shares [Repealed]

45 Valuing property subject to a mortgage [Repealed]

46 Apportionment of value [Repealed]

47 Valuation of consideration [Repealed]

48 Valuation by Commissioner [Repealed]

Part 4
Assessment and collection of stamp duty

[Repealed]

49 Presentation for stamping [Repealed]

50 Time for presentation [Repealed]

51 Stamping otherwise than by presentation [Repealed]

51A Composition by New Zealand Stock Exchange in respect of stamp duty on shares [Repealed]

52 Right of Commissioner to hold and impound instruments [Repealed]

53 Requirement that instrument be presented for stamping [Repealed]

54 Determination of liability for stamp duty [Repealed]

55 Notice of assessment [Repealed]

56 Assessment conclusive [Repealed]

57 Penalty for late presentation [Repealed]

58 Due date for payment of stamp duty [Repealed]

59 Penalty proportionately reduced on reduction of duty [Repealed]

60 Remission of penalties [Repealed]

61 Determination that instrument not liable denoted by impressed stamp [Repealed]

62 Payment of stamp duty denoted by impressed stamp [Repealed]

63 Payment of penalty denoted by impressed stamp [Repealed]

64 Use of prescribed stamp on certain instruments [Repealed]

65 Stamp duty constitutes a debt to the Crown [Repealed]

66 Persons liable for stamp duty [Repealed]

67 Refund of duty on revaluation of consideration in accordance with the outcome of a contingency [Repealed]

68 Refund of duty or penalty on application [Repealed]

69 Unstamped instruments inadmissible in evidence [Repealed]

70 Unstamped instruments ineligible for registration [Repealed]

71 Refunds payable out of Consolidated Account [Repealed]

71A Application of Parts 4A and 8A of Tax Administration Act 1994 [Repealed]

Part 5
Objections to assessments

[Repealed]

72 Objections to assessments [Repealed]

73 Objections against exercise of Commissioner's discretion [Repealed]

74 Stating case for High Court [Repealed]

74A Test case procedure [Repealed]

75 Removal of case into Court of Appeal [Repealed]

Part 6
Cheque duty

76 Interpretation

77 Cheque duty payable

78 Rates of cheque duty

79 No cheque duty payable on certain bills

80 Exemption from cheque duty by agreement

81 Cheque duty payable by licensed banks

82 Cheque duty payable by licensed printers

83 Cheque duty payable by other licensees

84 Cheque duty payable otherwise than under a licence

85 Refund of cheque duty

86 Refunds payable out of Consolidated Account

Part 6A
Credit card transaction duty

[Repealed]

86A Interpretation [Repealed]

86B Credit card transaction duty payable [Repealed]

86C Rate of credit card transaction duty [Repealed]

86D Payment of credit card transaction duty [Repealed]

86E Interest on unpaid credit card transaction duty [Repealed]

Part 6B
Approved issuer levy

86F Interpretation

86G Application to register securities

86H Registration of securities by Commissioner

86I Application of approved issuer levy and zero-rating

86J Approved issuer levy

86K Payment of approved issuer levy

86KA Payment of approved issuer levy in instalments

86L Refund of levy paid in error or in excess

86M Relief in cases of serious hardship [Repealed]

86N Offence to give false information [Repealed]

Part 7
Miscellaneous offences

[Repealed]

87 Time for laying informations [Repealed]

88 Offence to defraud Crown of duty or penalty payable under this Act [Repealed]

89 Offence to give false information [Repealed]

90 Offence to issue certain shares unless pursuant to duly stamped instrument of nomination [Repealed]

91 Offence to execute instrument of conveyance of shares unless transferee's name entered in instrument [Repealed]

92 Offence for sharebroker not to send particulars of shares sold without instrument of transfer [Repealed]

92A Offence to stamp instrument otherwise than by presentation except in certain cases [Repealed]

93 Principal officers of companies committing offences [Repealed]

94 Printing unauthorised inscriptions on bills of exchange [Repealed]

Part 8
Miscellaneous provisions

95 Evidence inconsistent with instrument not admissible to reduce stamp duty [Repealed]

96 Sharebroker may recover duty from purchaser of shares [Repealed]

97 Giving notices [Repealed]

98 Duty recoverable by Commissioner in official name [Repealed]

99 Duty paid under repealed Act [Repealed]

99A Application of Part 9 of Tax Administration Act 1994

100 Consequential amendments

101 Repeals and revocations

Schedule 1
Exempting enactments

Schedule 2
Enactments amended

Schedule 3
Enactments repealed

Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009

Reprint notes


An Act to consolidate and amend the law relating to stamp duties

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: