### Stamp Duty Ordinance 《印花稅條例》

29AP. Certain instruments effecting exchange between residential properties chargeable with ad valorem stamp duty at Scale 2 rates
(1) An instrument falls within this subsection if—
(a) the instrument effects the exchange of a residential property for another residential property; and 
(b) consideration is paid or given for equality. 
(2) An instrument that falls within subsection (1) is chargeable with stamp duty as a conveyance on sale under Scale 2 of head 1(1) in the First Schedule by reference to the consideration mentioned in subsection (1) if it is shown to the satisfaction of the Collector that subsection (3) or (4) applies to the instrument. 
(3) This subsection applies to the instrument if, on the date of the instrument—
(a) each party to the instrument is a Hong Kong permanent resident acting on his or her own behalf; and 
(b) each of them is not a beneficial owner of any other residential property in Hong Kong. 
(4) This subsection applies to the instrument if, on the date of the instrument—
(a) all parties to the instrument are closely related; and 
(b) each of them is acting on his or her own behalf. 

29AQ. Certain conveyances on sale of residential property involving additional closely related persons chargeable with ad valorem stamp duty at Scale 2 rates
(1) Except as provided in section 29D(6)(c)(ii) and (7), this section applies to a conveyance on sale if—
(a) the property concerned is residential property; 
(b) the conveyance is executed in pursuance of an agreement for sale; and 
(c) the conveyance is in favour of—
(i) a purchaser under the agreement (original purchaser); and 
(ii) another person who falls within subsection (2). 
(2) A person falls within this subsection if the person—
(a) is not an original purchaser; and 
(b) is, on the date of the conveyance, closely related to the original purchaser. 
(3) If the agreement for sale is duly stamped, or stamped under section 5(1), 13(2) or 18E(1) (whether before or after the execution of the conveyance on sale), the conveyance is chargeable with stamp duty under Scale 2 of head 1(1) in the First Schedule by reference to the consideration for the conveyance, less a fraction of the stamp duty representing the proportion of the property that is vested in the original purchaser under the conveyance. 
(4) For the purposes of subsection (3), joint tenants are treated as having equal undivided shares in the property concerned.
(5) If the agreement for sale is not duly stamped, or not stamped under section 5(1), 13(2) or 18E(1), the Collector may refuse to stamp the conveyance. 

### Stamp Duty Ordinance 《印花稅條例》

29AR. Certain conveyances on sale of residential property involving withdrawal of closely related persons chargeable with ad valorem stamp duty at Scale 2 rates
(1) Except as provided in section 29D(6)(c)(ii) and (7), this section applies to a conveyance on sale if—
(a) the property concerned is residential property; 
(b) the conveyance is executed in pursuance of an agreement for sale; 
(c) the conveyance is in favour of one or some (but not all) of the purchasers under the agreement; and 
(d) on the date of the conveyance, the transferee, or each of the transferees, is closely related to the withdrawn purchaser, or to each of the withdrawn purchasers. 
(2) If the agreement for sale is duly stamped, or stamped under section 5(1), 13(2) or 18E(1) (whether before or after the execution of the conveyance on sale), the conveyance is chargeable with stamp duty under Scale 2 of head 1(1) in the First Schedule by reference to the consideration for the conveyance, less a fraction of the stamp duty representing the proportion of the property that was acquired by the transferee or transferees under the agreement. 
(3) For the purposes of subsection (2), an agreement that provides for a conveyance to purchasers as joint tenants is treated as an agreement to convey the property to those purchasers in equal undivided shares. 
(4) If the agreement for sale is not duly stamped, or not stamped under section 5(1), 13(2) or 18E(1), the Collector may refuse to stamp the conveyance. 
(5) In this section—
(a) a person is a transferee if—
(i) the person is one of the purchasers under the agreement; and 
(ii) the conveyance is executed in favour of the person; and 
(b) a person is a withdrawn purchaser if—
(i) the person is one of the purchasers under the agreement; and 
(ii) the conveyance is not executed in favour of the person. 

### Stamp Duty Ordinance 《印花稅條例》

29AS. Certain conveyances on sale of residential property related to Public Rental Housing Flats under Tenants Purchase Scheme to tenants or authorized occupants chargeable with ad valorem stamp duty at Scale 2 rates
(1) A conveyance on sale is chargeable with stamp duty under Scale 2 of head 1(1) in the First Schedule if—
(a) the property concerned is residential property; 
(b) the acquisition of the property is made under the Tenants Purchase Scheme of the Housing Authority; and 
(c) it is shown to the satisfaction of the Collector that subsection (2) applies to the conveyance. 
(2) This subsection applies to the conveyance if, on the date of acquisition of the property—
(a) the transferee, or each of the transferees, under the conveyance is a tenant or an authorized occupant of the Housing Authority in respect of the property acting on his or her own behalf; and 
(b) that transferee, or each of those transferees, is not a beneficial owner of any other residential property in Hong Kong.

### Stamp Duty Ordinance 《印花稅條例》

29BA. Scales of rates applicable to agreements for sale chargeable with ad valorem stamp duty
Except as provided in sections 29BAB, 29BB, 29BC, 29BD, 29BE, 29BF, 29BG, 29BH, 29BI, 29BJ and 29BK and Note 1A to head 1(1A) in the First Schedule, an agreement for sale is chargeable with stamp duty—
(a) if the property concerned is residential property, under Part 1 of Scale 1 of head 1(1A) in the First Schedule; or
(b) if the property concerned is non-residential property, under Scale 2 of head 1(1A) in the First Schedule. (Amended L.N. 231 of 2020 and 2 of 2021 s. 7)
(Replaced 2 of 2018 s. 7)

29BAB. Scales of rates applicable to agreements for exchange between residential property and non-residential property
(1) An agreement falls within this subsection if—
(a) the agreement provides for the exchange of a residential property for a non-residential property; and
(b) consideration is paid or given, or agreed to be paid or given, for equality.
(2) Except as provided in section 29BG, an agreement that falls within subsection (1) is chargeable with stamp duty as an agreement for sale by reference to the consideration mentioned in subsection (1)—
(a) if the consideration is paid or given, or agreed to be paid or given, by the person to whom the residential property is to be transferred, under Part 1 of Scale 1 of head 1(1A) in the First Schedule; or
(b) if the consideration is paid or given, or agreed to be paid or given, by the person to whom the non-residential property is to be transferred, under Scale 2 of head 1(1A) in the First Schedule. (Amended L.N. 231 of 2020 and 2 of 2021 s. 8)
(Added 2 of 2018 s. 8)