Stamp Duty Act Cap 480 in Kenya

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Section 32 of Stamp Duty Act CAP 480: Meaning of "bill of exchange"

For the purposes of this Act, "bill of exchange" includes draft, order, cheque and letter of credit, and any other document or writing entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of...

Section 33 of Stamp Duty Act CAP 480: Meaning of "promissory note"

(1) For the purposes of this Act, "promissory note" includes any document or writing containing a promise to pay any sum of money. (2) A note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may...

Section 34 of Stamp Duty Act CAP 480: Provisions as to stamping foreign bills and notes

(1) A person into whose hands a bill of exchange or promissory note drawn or made out of Kenya comes into Kenya before it is stamped shall, before he presents for payment, or endorses, transfers or in any manner negotiates, or pays, the bill or note, affix thereto the proper stamp, and, if an...

Section 35 of Stamp Duty Act CAP 480: As to bills and notes purporting to be drawn abroad

A bill of exchange or promissory note which purports to be drawn or made out of Kenya shall, for the purpose of determining the mode in which the stamp duty thereon is to be denoted, be deemed to have been so drawn or made, although it may in fact have been drawn or made within Kenya.

Section 36 of Stamp Duty Act CAP 480: Penalty for issuing, etc., any unstamped bill or note

(1) Every person who issues, endorses, transfers, negotiates, presents for payment or pays a bill of exchange or promissory note liable to duty and not being duly stamped shall be guilty of an offence and liable to a fine not exceeding five thousand shillings; and the person who takes or receives...

Section 37 of Stamp Duty Act CAP 480: One bill only of a set need be stamped

Where a bill of exchange is drawn in a set according to the custom of merchants, and one of the set is duly stamped, the other or others of the set shall, unless issued or in some manner negotiated apart from the stamped bill, be exempt from duty; and, upon proof of the loss or destruction of a duly...

Section 39 of Stamp Duty Act CAP 480: Charge of duty on capital of companies

A statement of the amount which is to form the nominal share capital of any company to be registered with limited liability shall be delivered to the Registrar of Companies and a statement of the amount of any increase of registered capital of a company now registered or to be registered with...

Section 40 of Stamp Duty Act CAP 480: Provision as to contract notes

(1) For the purposes of this Act, "contract note" means the note sent by a broker or agent to his principal, or by any person who by way of business deals, or holds himself out as dealing, as a principal in any stock or marketable securities, advising the principal or the vendor or purchaser, as the...

Section 41 of Stamp Duty Act CAP 480: Obligation to execute contract notes

(1) Any person who effects any sale or purchase of any stock or marketable security as a broker or agent, and any person who by way of business deals, or holds himself out as dealing, as a principal in any stock or marketable security and buys or sells any such stock or marketable security shall...

Section 42 of Stamp Duty Act CAP 480: Extension of provisions as to contract notes to sale or purchase of options

(1) The provisions of this Act as to contract notes shall apply to any contract under which an option is given or taken to purchase or sell any stock or marketable security at a future time at a certain price, as it applies to the sale or purchase of any stock or marketable security, but the duty on...

Section 43 of Stamp Duty Act CAP 480: Meaning of "conveyance on sale"

(1) For the purposes of this Act, "conveyance on sale" includes— (a) an instrument, and a decree or order of a court, whereby any property, or any estate or interest in property, upon the sale thereof is transferred to or vested in a purchaser, or any other person on his behalf or by his...

Section 44 of Stamp Duty Act CAP 480: How ad valorem duty is to be calculated in respect of stock and securities

(1) Where the consideration, or any part of the consideration, for a conveyance on sale consists of any stock or marketable security, the conveyance shall be charged with ad valorem duty in respect of the value of the stock or security. (2) Where the consideration, or any part of the consideration,...

Section 45 of Stamp Duty Act CAP 480: How consideration consisting of periodical payments to be charged

(1) Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period not exceeding twenty years, so that the total amount to be paid can be previously ascertained, the conveyance shall be charged in respect of that...

Section 46 of Stamp Duty Act CAP 480: Conveyance on sale with further covenant

A conveyance on sale made for any consideration in respect whereof it is chargeable with ad valorem duty, and in further consideration of a covenant by the purchaser to make, or of his having previously made, any substantial improvement of or addition to the property conveyed to him, or of any...

Section 47 of Stamp Duty Act CAP 480: How conveyance in consideration of a debt, etc., to be charged

Where any property is conveyed to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or encumbrance or not, the debt, money or stock shall be...

Section 48 of Stamp Duty Act CAP 480: Direction as to duty in certain cases of conveyances, mortgages and settlements

(1) Where property contracted to be sold for one consideration for the whole is conveyed to the purchaser in separate parts or parcels by different instruments, the consideration shall be apportioned in such manner as the parties think fit, so that a distinct consideration for each separate part or...

Section 49 of Stamp Duty Act CAP 480: Certain contracts to be chargeable as conveyances on sale

(1) Any agreement or memorandum of an agreement for the sale of any estate or interest in any property (except lands, tenements or hereditaments, or property locally situated out of Kenya, or goods, wares or merchandise, or shares, or marketable securities, or any ship or vessel, or part interest,...

Section 50 of Stamp Duty Act CAP 480: As to sale of an annuity or right not before in existence

(1) Where upon the sale of any annuity or other right not before in existence the annuity or other right is not created by actual grant or conveyance, but is only secured by bond, warrant of attorney, covenant, contract or otherwise, the bond or other instrument, or some one of the instruments if...

Section 51 of Stamp Duty Act CAP 480: Principal instrument how to be ascertained

The parties may determine for themselves which of several instruments shall be deemed to be the principal instrument and may pay the ad valorem duty thereon accordingly: Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect...

Section 52 of Stamp Duty Act CAP 480: Duty on gifts inter vivos

(1) Any conveyance or transfer operating as a voluntary disposition inter vivos shall be chargeable with stamp duty as if it were a conveyance or transfer on sale, with the substitution in each case of the value of the property conveyed or transferred for the amount or value of the consideration for...

Section 53 of Stamp Duty Act CAP 480: What is to be deemed a conveyance on any occasion not being a sale or mortgage

Every instrument, and every decree or order of any court, whereby any property on any occasion, except a sale or mortgage, is transferred to or vested in any person, shall be charged with duty as a conveyance or transfer of property: Provided that a conveyance or transfer made for effectuating the...

Section 54 of Stamp Duty Act CAP 480: Provision as to duplicates and counterparts

The duplicate or counterpart of an instrument chargeable with duty shall not be deemed to be duly stamped unless it is stamped as an original instrument, or unless it appears by some stamp impressed thereon that the full and proper duty has been paid upon the original instrument of which it is the...

Section 55 of Stamp Duty Act CAP 480: Agreements to be charged as leases

(1) An agreement for a lease, or in respect of any letting, shall be charged with the same duty as if it were an actual lease made for the term and consideration mentioned in the agreement. (2) A lease made subsequently to, and in conformity with, such an agreement duly stamped shall be charged...

Section 56 of Stamp Duty Act CAP 480: Duty on leases where consideration consists of rent

Every lease shall, so far as the consideration therefor consists of rent, whether reserved as a yearly rent or otherwise, be charged with duty in accordance with the heading Lease in the Schedule.

Section 57 of Stamp Duty Act CAP 480: Duty on leases in other cases

A lease shall, so far as the consideration therefor consists of any premium or other consideration whatsoever other than rent, moving either to the lessor or to any other person, be charged with ad valorem stamp duty computed on that consideration as if it were a conveyance on sale for the amount of...

Section 58 of Stamp Duty Act CAP 480: Duty on leases granted in perpetuity

A lease granted in perpetuity shall be charged with ad valorem stamp duty as if it were a conveyance on sale, and the duty shall be computed on the value of the property.

Section 59 of Stamp Duty Act CAP 480: Leases, how to be charged in respect of produce, etc.

(1) Where the consideration, or any part of the consideration, for which a lease is granted or agreed to be granted, consists of any produce or other goods, the value of the produce or goods shall be deemed a consideration in respect of which the lease or agreement is chargeable with ad valorem...

Section 60 of Stamp Duty Act CAP 480: Directions as to duty on instruments increasing rent and on certain leases

(1) An instrument, whereby the rent reserved by any other instrument chargeable with duty and duly stamped as a lease is increased, shall not be charged with duty otherwise than as a lease in consideration of the additional rent thereby made payable. (2) If, in accordance with the articles of...

Section 61 of Stamp Duty Act CAP 480: Duty on leases granted for inadequate consideration

A lease granted for a consideration which in the opinion of the Collector is inadequate, unless it is a lease granted by the Government, shall, in respect of the consideration therefor, be charged in accordance with the foregoing provisions; and such a lease shall also be charged as if it were an...

Section 62 of Stamp Duty Act CAP 480: Duty where consideration cannot be fixed with accuracy

Where, in the opinion of the Collector, the amount of the consideration for a lease cannot be ascertained with reasonable accuracy, he may either disregard that consideration to the extent to which its amount is deemed to be unascertainable and stamp the lease as if it were a voluntary disposition...