### Stamp Duty Ordinance 《印花稅條例》

29AC. Meaning of beneficial owner of residential property
(1) For the purposes of this Part and head 1 in the First Schedule—
beneficial owner (實益擁有人), in relation to a residential property—
(a) includes a purchaser under an agreement for sale of the property that is subsisting; and 
(b) excludes a vendor under an agreement for sale of the property that is subsisting. 

(2) For subsection (1), an agreement for sale of a residential property is subsisting if—
(a) the agreement provides for the conveyance of the property but the conveyance is not yet executed; and 
(b) the agreement is not one that is—
(i) cancelled, annulled or rescinded; or 
(ii) otherwise not performed. 
(3) For the purposes of this Part and head 1 in the First Schedule, a reference to a beneficial owner of a residential property includes a beneficial owner of part of the property. 
(Added 14 of 2014 s. 10)

29AD. Meaning of closely related persons
For the purposes of this Part and head 1 in the First Schedule—
(a) 2 persons are closely related if one of them is the parent, spouse, child, brother or sister of the other; and 
(b) 3 or more persons are closely related if each of them is a parent, spouse, child, brother or sister of each of the others. 
(Added 14 of 2014 s. 10)

### Stamp Duty Ordinance 《印花稅條例》

29AF. Dates of acquisition and disposal of immovable property: conveyance on sale executed in pursuance of agreement for sale
(1) Subsections (2), (3) and (4) apply if a conveyance on sale of immovable property—
(a) is executed in pursuance of an agreement for sale; and 
(b) is in favour of—
(i) a purchaser under the agreement (original purchaser); and 
(ii) another person who is not an original purchaser (additional transferee). 
(2) The date of acquisition by the original purchaser of the property is as follows—
(a) the date of the agreement for sale mentioned in subsection (1); or 
(b) if the agreement consists of 2 or more instruments—the date of the first of those instruments. 
(3) The date of disposal by the original purchaser of the proportion of the property to be transferred to or vested in the additional transferee is as follows—
(a) the date of the conveyance on sale mentioned in subsection (1); or 
(b) if the conveyance consists of 2 or more instruments—the date of the first of those instruments.
(4) The date of acquisition by the additional transferee of that transferee’s proportion of the property is as follows—
(a) the date of the conveyance on sale mentioned in subsection (1); or 
(b) if the conveyance consists of 2 or more instruments—the date of the first of those instruments. 
(5) Subsections (6), (7) and (8) apply if a conveyance on sale of immovable property—
(a) is executed in pursuance of an agreement for sale; and 
(b) is in favour of one or some (but not all) of the purchasers under the agreement (original purchasers). 
(6) For subsections (7) and (8), a person is a withdrawn purchaser if—
(a) the person is one of the original purchasers; and 
(b) the conveyance concerned is not executed in favour of the person. 
(7) The date of acquisition by a withdrawn purchaser of that purchaser’s proportion of the property is as follows—
(a) the date of the agreement for sale mentioned in subsection (5); or 
(b) if the agreement consists of 2 or more instruments—the date of the first of those instruments. 
(8) The date of disposal by a withdrawn purchaser of that purchaser’s proportion of the property is as follows—
(a) the date of the conveyance on sale mentioned in subsection (5); or 
(b) if the conveyance consists of 2 or more instruments—the date of the first of those instruments. 
(Added 14 of 2014 s. 10)

### Stamp Duty Ordinance 《印花稅條例》

29AH. Instruments involving minors or mentally incapacitated persons
For determining the stamp duty payable on an instrument under this Part (except sections 29CA, 29CB, 29DA and 29DB) and head 1 (except sub-heads (1AA), (1AAB), (1B) and (1C)) in the First Schedule, if it is shown to the satisfaction of the Collector that—
(a) a party to the instrument is acting in the transaction as a trustee or guardian for another person; and 
(b) the other person is a Hong Kong permanent resident who is a minor or mentally incapacitated person, 
the Collector must treat the other person as a party to the instrument in place of the trustee or guardian.
(Added 14 of 2014 s. 10)

29AI. Scales of rates applicable to conveyances on sale chargeable with ad valorem stamp duty
Except as provided in sections 29AIA, 29AJ, 29AK, 29AL, 29AM, 29AN, 29AO, 29AP, 29AQ, 29AR and 29AS and Notes 1B and 1C to head 1(1) in the First Schedule, a conveyance on sale is chargeable with stamp duty—
(a) if the property concerned is residential property, under Part 1 of Scale 1 of head 1(1) in the First Schedule; or
(b) if the property concerned is non-residential property, under Scale 2 of head 1(1) in the First Schedule. (Amended L.N. 231 of 2020 and 2 of 2021 s. 5)
(Replaced 2 of 2018 s. 5)