Overview of the ACD and/ or share duty remission for contract/ agreement for sale of equity interests
A. Contract/ Agreement for the sale of shares that is not subject to ACD
Share duty remission is applicable on the contract/agreement for the sale of shares that is not subject to ACD. This is provided for in rule 2 of the Stamp Duties (Agreements for Sale of Equity Interests) (Remission) Rules.
The relevant duties remain payable on the executed transfer instrument, if applicable.
There is no need to e-stamp or submit an application for remission to IRAS.
B. Contract/ Agreement for the sale of scripless shares
ACD and share duty remission is applicable on the contract/ agreement for the sale of scripless shares. This is provided for in rule 3 of the Stamp Duties (Agreements for Sale of Equity Interests) (Remission) Rules.
The relevant duties remain payable on the executed transfer instrument, if applicable.
There is no need to e-stamp or submit an application for remission to IRAS.
C. Aborted Contract/ Agreement for the sale of equity interests in an entity
ACD and share duty would apply to the contract/ agreement for the sale of equity interests in a PHE.
However, if the contract/ agreement is subsequently rescinded or aborted, remission of the amount in excess of $50 for each duty type is applicable under rule 4 of the Stamp Duties (Agreements for Sale of Equity Interests) (Remission) Rules, subject to the following conditions:
- The purchaser did not procure the rescission with a view to facilitating the disposition of the equity interests by the vendor to another person.
- The application for remission together with the supporting documents are submitted to IRAS within 6 months starting on the date of the rescission of the contract/ agreement.
- The contract/ agreement is surrendered for cancellation.
How to apply
You can apply for the remission/ refund via the e-Stamping Portal > "Request" > "Apply for Refund" and provide the contract/agreement and the documentary evidence supporting the rescission of the document within 6 months starting on the date of the rescission of the contract/ agreement.
In the event that refund can be granted, the refund will be made to the party who is liable for the stamp duty.
Please retain the original contract/ agreement and submit to IRAS when requested.