Stamp Duty for property conveyance
2016-06-23

Stamp Duty for property conveyance
Service Information:
Service Provider:

Financial Services Bureau 

Macao Tax Department

     1. Service Centre 1

     2. Integrated Services Centre

     3. Taipa Service Centre


Other Entity / Agency:

-


Application Location:

1.  Service Centre 1:
     Ground floor, the “Finanças” Building, 575, 579 & 585 Avenida da Praia Grande, Macao.

2. Integrated Services Centre
     52 Rua Nova da Areia Preta, Macao.

3. Taipa Service Centre
     Ground floor, 500 Rua de Braganca, Taipa (Near Nova Taipa Garden Post Office)
 


Office Hours:

1. Service Centre 1 and Taipa Service Centre:
     Monday to Thursday: 9:00 – 19:00
     Friday: 9:00 – 18:45
     Closed on weekends and public holidays.

2. Integrated Services Centre:
     Monday to Friday: 9:00 – 18:00
     Closed on weekends and public holidays.
 


Introduction (Service Coverage):-
Enquiry Methods:

Telephone:           8599 0272 (Service Centre 1)
                          8296 9084 (Integrated Services Centre)
                          8893 6600 (Taipa Service Centre)

Tax Enquiry Hotline 2833 6886 (24 Hours)

Fax                      2830 0133

E-mail                   dsfinfo@dsf.gov.mo

Website                www.dsf.gov.mo
 

Suggestions and Complaints:

E-mail                   gac@dsf.gov.mo
 
Telephone             2837 1111
 


Payment of Stamp Duty for property conveyance

Application Proceduce:
Transactional Categories:Payment of Stamp Duty for property conveyance
Target Groups and Application Eligibility:1. Natural persons or incorporated bodies who have acquired definitely or temporarily an immovable property or its property rights by onerous means (on sale);

2. Natural persons or incorporated bodies who have acquired an immovable property or its property rights by gratuitous means (non sale), as well as other property, rights or facts valued above MOP50,000.00 that need to be registered in accordance with the law;

3. From 30/10/2012 onwards, incorporated bodies, business owners in status of natural person or non-local residents who acquire an immovable residential property or its rights by onerous or gratuitous means, are liable to pay Additional Stamp Duty.
Application Approach:Application should be proceeded by taxpayer in person, or by an authorized person.
Required Document:Stamp Duty – Form M/1 – Declaration of Conveyance on sale/non sale of Immovable Property.
Document must be presented:

1. Original or authenticated copy of the document, instrument or act related to the conveyance;

2. If the property registration number of the immovable property is not indicated, the taxpayer has to present a Property Registration Certificate issued by the Real Estate Registry.
 

Charges (or Taxes):

1. Tax rate for conveyance on sale of property:
    Taxable Amount x Progressive Tax Rate* + 5% Stamp Duty on Payment Slip
            Taxable Amount Up to $2,000,000                                 -Tax Rate* 1%
            Taxable Amount from $2,000,001 to $4,000,000               -Tax Rate* 2%
            Taxable Amount above $4,000,000                                -Tax Rate* 3%

2. Tax rate for conveyance non sale of property:
    Taxable Amount x Fixed Tax Rate 5% + 5% Stamp Duty on Payment Slip

3. Tax rate for Additionl Stamp Duty:
    Taxable Amount x Fixed Tax Rate 10% + 5% Stamp Duty on Payment Slip
 

Payment Instructions:

1. M/2 ‘Stamp Duty – Payment Slip’ issued by the DSF;

2. Stamp Duty should be paid to the Tax Collection Unit located respectively in DSF Building, Integrated Services Center, Taipa Service Center and Long Cheng Building within 30 days after the earliest document, instrument or act related to the conveyance of property or its property rights is executed.

Penalties:
     1. A penalty equals to three times of the tax amount due will be incurred if the whole or part of the Stamp Duty remains unpaid within the statutory period;

     2. If the tax amount payable due is paid within 30 days after the payment deadline, the penalty will be reduced to one-third;

     3. If the tax amount payable due is paid within the period from the day 31st to the 60th after the payment deadline, the penalty will be reduced to 50%.
 

Time Needed:Within 30 days after the earliest document, instrument or act related to the conveyance of property or its property rights is executed.
Quality Criteria:Please refer to the Performance Pledge of the DSF.
Remark:

About Simulated Calculation:

        Conveyance on sale of property or its property rights:

1. Definite conveyance
     Download: [Excel version] [Zip condensed version]

2. Definite conveyance (with an intermediate conveyance effected previously)
     Download: [Excel version] [Zip condensed version]

3. Special Stamp Duty for Property Conveyance
     Download: [Excel version] [Zip condensed version]

 

Legislations Website:

1.   Law No. 17/88/M [B.O. 26, 27/6/1988]

2.   Law No. 9/97/M [B.O. 31, 4/8/1997]

3.   Law No. 8/98/M [B.O. 51, 21/12/1998]

4.   Administrative Regulation No. 15/2000 [B.O. 3, 17/1/2000]

5.   Law No. 8/2001 [B.O. 27, 2/7/2001]

6.   Law No. 18/2001 [B.O. 52, 26/12/2001]

7.   Law No. 4/2009 [B.O. 17, 27/4/2009]

8.   Law No. 4/2011 [B.O. 18, 3/5/2011]

9.   Law No. 6/2011 [B.O. 24, 13/6/2011]

10. Law No. 15/2012 [B.O. 44, 29/10/2012]
 

Appeal against Assessment of Stamp Duty for Property Conveyance

Application Proceduce:
Transactional Categories:Appeal against Assessment of Stamp Duty for Property Conveyance
Target Groups and Application Eligibility:Taxpayers who do not agree with the assessment of Stamp Duty proceeded officially or additionally upon the acquisition (Stamp Duty for the conveyance of property) /disposal (Special Stamp Duty for the conveyance of property) of immovable property or its property rights.
Application Approach:Appeal should be made by the appellant in person, or by an authorized person.
Required Document:The appeal should be lodged to the Chairperson of Re-evaluation Committee, by an application with indication of the grounds for the appeal.
Time Needed:Within 15 days upon receipt of the notification of assessment.
Remark:

1. If the appellant is a natural person (individual), the signature can be authenticated at DSF (in DSF building), Taipa Service Center or Integrated Service Center by producing the appellant’s paper of identification that bears the signature of the holder;

2. If the appellant is an incorporated body (company or organization), the signature of the legal representative should be authenticated at the Public Notary or by private notaries;

3. On the 5th day counting from the postmark date of the Advice Letter forwarded by registered mail, the notification to the taxpayer is considered as have been completed.  In case the fifth day is a working day, then the subsequent next working day will be taken for the counting of the day when the taxpayer had been notified.  Moreover, for postal service, Saturdays are regarded as working days;

4. An appeal lodged within the statutory time limit allows the payment of Stamp Duty to be postponed until the Re-evaluation Committee makes its decision;

5. When the appeal is totally or partly admissible, the Re-evaluation Committee will re-examine and re-evaluate the taxable amount;

6. If the difference between the newly evaluated taxable amount and the original taxable amount is less than 5%, a 5% surcharge will be added to the new taxable amount;

7. The decision made by the Re-evaluation Committee will be notified to the taxpayer in writing;

8. An judicial appeal against the decision made by the Re-evaluation Committee should be lodged within 30 days;

9. The taxpayer himself/herself or a witness appointed by the taxpayer should take part in the Re-evaluation Committee.
 

Legislations Website:

1.   Law No. 17/88/M [B.O. 26, 27/6/1988]

2.   Law No. 9/97/M [B.O. 31, 4/8/1997]

3.   Law No. 8/98/M [B.O. 51, 21/12/1998]

4.   Administrative Regulation No. 15/2000 [B.O. 3, 17/1/2000]

5.   Law No. 8/2001 [B.O. 27, 2/7/2001]

6.   Law No. 18/2001 [B.O. 52, 26/12/2001]

7.   Law No. 4/2009 [B.O. 17, 27/4/2009]

8.   Law No. 4/2011 [B.O. 18, 3/5/2011]

9.   Law No. 6/2011 [B.O. 24, 13/6/2011]

10. Law No. 15/2012 [B.O. 44, 29/10/2012]
 

Application for Certificate of Exemption of Stamp Duty (Conveyance of Property)

Application Proceduce:
Transactional Categories:Application for Certificate of Exemption of Stamp Duty (Conveyance of Property)
Target Groups and Application Eligibility:Natural persons or incorporated bodies who acquire property or its property rights by onerous or gratuitous means.
Application Approach:Application should be made by the applicant in person, or by an authorized person.
Required Document:M/1 ‘Stamp Duty – Declaration of Conveyance on Sale/non Sale of Property’
Document must be presented:Original or authenticated copy of documents related to the conveyance of property or its property rights.
Time Needed:Within 30 days after the earliest document, instrument or act related to the conveyance of property or its property rights is executed.
Quality Criteria:Please refer to the Performance Pledge of the DSF.
Remark:

1. If the applicant is a purchaser of a “Habitação Económica” type property, the original or an authenticated copy of the “Termo de Autorização” (Letter of authorization) or “Termo de Aprovação” (Letter of Approval) issued by Housing Bureau should be submitted together with the application;

2. If the applicant is an offshore company, an assent issued by the Macao Trade and Investment Promotion Institute should be submitted together with the application;

3. If the applicant is an administrative public welfare legal entity or any religious association or organization, an application for “Confirmation of Exemption of Stamp Duty” should be submitted to the DSF prior to the execution of any documents related to the conveyance of property that is liable for the payment of Stamp Duty. When this application is successful, the applicant can then apply for the “Certificate of Exemption of Stamp Duty”.
 

Legislations Website:1.   Law No. 17/88/M [B.O. 26, 27/6/1988]

2.   Law No. 9/97/M [B.O. 31, 4/8/1997]

3.   Law No. 8/98/M [B.O. 51, 21/12/1998]

4.   Administrative Regulation No. 15/2000 [B.O. 3, 17/1/2000]

5.   Law No. 8/2001 [B.O. 27, 2/7/2001]

6.   Law No. 18/2001 [B.O. 52, 26/12/2001]

7.   Law No. 4/2009 [B.O. 17, 27/4/2009]

8.   Law No. 4/2011 [B.O. 18, 3/5/2011]

9.   Law No. 6/2011 [B.O. 24, 13/6/2011]

10. Law No. 15/2012 [B.O. 44, 29/10/2012]

Application for Exemption of Stamp Duty under Tax Relief Measures on taxable amount up to MOP3,000,000.00 (under the Government Budget)

Application Proceduce:
Transactional Categories:Application for Exemption of Stamp Duty under Tax Relief Measures on taxable amount up to MOP3,000,000.00 (under the Government Budget)
Target Groups and Application Eligibility:

1. Macao permanent residents aged 18 or above;

2. The applicant should not own in the year of 2016, any immovable property (such as, residential apartment, shop, office, industrial unit and parking space in Macao SAR), but if the applicant owns merely one single parking space, the application will still be admissible;

3. The immovable property is acquired by a couple who adopts the General Joint-Ownership Regime (Regime de Bens da Comunhão Geral), or the Joint-Ownership of Acquired Assets Regime (Regime de Bens da Comunhão  de Aquiridos), or the Participation in Acquired Assets Regime (Regime de Bens da Participação nos Adquiridos), and this couple does not own any immovable property other than one single parking space in the year of 2016.

Application Approach:Application should be made by the applicant in person, or by an authorized person.
Required Document:The application form for “Confirmation of Exemption of Stamp Duty for Property Conveyance”
Document must be presented:

1. The copy of the applicant’s identity card;

2. If the applicant is married, the copy of the spouse’s identity card and the Certificate of Marriage Registration should be submitted together with the application.

Time Needed:The exemption application should be made when the applicant intends to purchase an immovable property.
Remark:The exemption will become invalid if a beneficiary conveys the relevant immovable property to a third party (except when the conveyance is an inheritance transfer) within three years from the date of exemption. The beneficiary should then pay the Stamp Duty of the original amount payable in accordance with the general provisions before the conveyance of the property.
Legislations Website:1.   Law No. 17/88/M [B.O. 26, 27/6/1988]

2.   Law No. 9/97/M [B.O. 31, 4/8/1997]

3.   Law No. 8/98/M [B.O. 51, 21/12/1998]

4.   Administrative Regulation No. 15/2000 [B.O. 3, 17/1/2000]

5.   Law No. 8/2001 [B.O. 27, 2/7/2001]

6.   Law No. 18/2001 [B.O. 52, 26/12/2001]

7.   Law No. 4/2009 [B.O. 17, 27/4/2009]

8.   Law No. 4/2011 [B.O. 18, 3/5/2011]

9.   Law No. 6/2011 [B.O. 24, 13/6/2011]

10. Law No. 15/2012 [B.O. 44, 29/10/2012]

11. Law No. 15/2015 [B.O. 52, 28/12/2015]

Application for Certificate

Application Proceduce:
Transactional Categories:Application for Certificate
Target Groups and Application Eligibility:Application can be made by the taxpayer or an authorized person as and when needed.
Application Approach:Application should be made by the applicant in person or by an authorized person.
Required Document:

1. Application form;

2. Revenue Stamp MOP20.00 or above (Depends on the number of pages of the Certificate).
 

Document must be presented:Identity document.
Quality Criteria:Please refer to the Performance Pledge of the DSF.
Remark:

1. If the applicant is a natural person (individual), the signature can be authenticated at DSF (in DSF building), Taipa Service Center or Integrated Service Center by producing the applicant’s paper of identification that bears the signature of the holder;

2. If the applicant is an incorporated body (company or organization), the signature of the legal representative should be authenticated at the Public Notary or by private notaries.
 

Payment of Special Stamp Duty for the Conveyance of Immovable Property

Application Proceduce:
Transactional Categories:Payment of Special Stamp Duty for the Conveyance of Immovable Property
Target Groups and Application Eligibility:

1. Natural persons or incorporated bodies who acquire a residential immovable property or its property right on or after 14/06/2011, but then such immovable property or its property rights is conveyed temporarily or definitely to a third party within two years after the settlement date of Stamp Duty;

2. Natural persons or incorporated bodies who acquire a shop, office or parking space or its property rights on or after 30/10/2012, but then such immovable property or its property rights is conveyed temporarily or definitely to a third party within two years after the settlement date of Stamp Duty;

3. For more details, please refer to the Law No. 6/2011 amended by the Law No. 15/2012.
 

Application Approach:Application should be made by taxpayer in person or by an authorized person.
Required Document:M/3 ‘Special Stamp Duty – Declaration of Immovable Property Conveyance’
Document must be presented:Documents related to the conveyance of the immovable property or its property rights.
Charges (or Taxes):

1. When the conveyance is made within one year after the Stamp Duty has been settled:
    Taxable amount x Fixed Tax Rate 20%

2. When the conveyance is made within the second year after the Stamp Duty has been settled:
    Taxable amount x Fixed Tax Rate 10%
 

Payment Instructions:

1. M/4 ‘Special Stamp Duty – Payment Slip’ issued by the DSF;

2. Special Stamp Duty should be paid to the Tax Collection Unit located respectively in DSF Building, Integrated Services Center, Taipa Service Center and Long Cheng Building within 15 days after the earliest document, instrument or act related to the conveyance of property or its property rights is executed.

Penalties:
     1. A penalty of an amount equals to 50% of the tax amount due will be incurred if the whole or part of the Special Stamp Duty remains unpaid within the statutory period;

     2. If the tax amount payable due is paid within 30 days after the payment deadline, the penalty will be reduced to one-third;

     3. If the tax amount payable due is paid within the period from the day 31st to the 60th after the payment deadline, the penalty will be reduced to 50%.
 

Time Needed:Within 15 days after the earliest document, instrument or act related to the conveyance of property or its property rights is executed.
Remark:

About Simulated Calculation:

        Special Stamp Duty for the conveyance of immovable property

        Download: [Excel version] [Zip condensed version]

Legislations Website:1.   Law No. 17/88/M [B.O. 26, 27/6/1988]

2.   Law No. 9/97/M [B.O. 31, 4/8/1997]

3.   Law No. 8/98/M [B.O. 51, 21/12/1998]

4.   Administrative Regulation No. 15/2000 [B.O. 3, 17/1/2000]

5.   Law No. 8/2001 [B.O. 27, 2/7/2001]

6.   Law No. 18/2001 [B.O. 52, 26/12/2001]

7.   Law No. 4/2009 [B.O. 17, 27/4/2009]

8.   Law No. 4/2011 [B.O. 18, 3/5/2011]

9.   Law No. 6/2011 [B.O. 24, 13/6/2011]

10. Law No. 15/2012 [B.O. 44, 29/10/2012]

Application for the Exemption of Special Stamp Duty

Application Proceduce:
Transactional Categories:Application for the Exemption of Special Stamp Duty
Target Groups and Application Eligibility:

1. When the property is conveyed to the spouse, to a lineal relative by blood or by marriage, to a collateral relative by blood or by marriage within second degree of relationship;

2. When the property is conveyed between the spouses due to divorce, revoked marriage or property distribution by a court order;

3. When the property to be conveyed is an inheritance, and the conveyance of the property inherited is made between inheritors;

4. When the property conveyance is made by a judicial decision due to bankruptcy, insolvency or execution for the payment at a certain amount;

5. When the property is conveyed to a bank for the repayment of debt;

6. When the conveyance of the property is made by a bank within the time limit of 2 years under the provisions of Article no. 71 of Decree Law no. 32/93/M of 5th July;

7. When the conveyance is made by the beneficiary of exemption of Stamp Duty for property conveyance under the law.
 

Application Approach:Application should be made by the applicant in person or by an authorized person.
Required Document:M/3 ‘Special Stamp Duty – Declaration of Immovable Property Conveyance’
Document must be presented:

1. Document related to the conveyance of the immovable property or its property rights;

2. Supporting documents, such as, documentary evidence of kinship.

Time Needed:Within 15 days after the earliest document, instrument or act related to the conveyance of property or its property rights is executed.
Legislations Website:1.   Law No. 17/88/M [B.O. 26, 27/6/1988]

2.   Law No. 9/97/M [B.O. 31, 4/8/1997]

3.   Law No. 8/98/M [B.O. 51, 21/12/1998]

4.   Administrative Regulation No. 15/2000 [B.O. 3, 17/1/2000]

5.   Law No. 8/2001 [B.O. 27, 2/7/2001]

6.   Law No. 18/2001 [B.O. 52, 26/12/2001]

7.   Law No. 4/2009 [B.O. 17, 27/4/2009]

8.   Law No. 4/2011 [B.O. 18, 3/5/2011]

9.   Law No. 6/2011 [B.O. 24, 13/6/2011]

10. Law No. 15/2012 [B.O. 44, 29/10/2012]

Application for the Certificate of Special Stamp Duty

Application Proceduce:
Transactional Categories:Application for the Certificate of Special Stamp Duty
Target Groups and Application Eligibility:The transferor of the immovable property or its property rights.
Application Approach:Application should be made by the applicant in person or by an authorized person.
Required Document:The application form for Certificate of Special Stamp Duty.
Document must be presented:If the application is not made by the transferor, a letter of consent and the copy of identity document of the transferor should be submitted together with the application.
Time Needed:Application can be made by the transferor as and when needed.
Quality Criteria:About 2 working days.
Legislations Website:

1.   Law No. 17/88/M [B.O. 26, 27/6/1988]

2.   Law No. 9/97/M [B.O. 31, 4/8/1997]

3.   Law No. 8/98/M [B.O. 51, 21/12/1998]

4.   Administrative Regulation No. 15/2000 [B.O. 3, 17/1/2000]

5.   Law No. 8/2001 [B.O. 27, 2/7/2001]

6.   Law No. 18/2001 [B.O. 52, 26/12/2001]

7.   Law No. 4/2009 [B.O. 17, 27/4/2009]

8.   Law No. 4/2011 [B.O. 18, 3/5/2011]

9.   Law No. 6/2011 [B.O. 24, 13/6/2011]

10. Law No. 15/2012 [B.O. 44, 29/10/2012]
 

Provider: DSF
Launch Date: 2016-06-23 18:18:48
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