Stamp Duty Act Cap 480 in Kenya

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Section 63 of Stamp Duty Act CAP 480: Licences

(1) Every licence relating to immovable property shall for the purposes of this Act be deemed to be a lease by the grantor of the licence to the grantee, and shall be charged with duty accordingly. (2) In the application to licences of the provisions of this Act with respect to leases, every...

Section 64 of Stamp Duty Act CAP 480: Meaning of marketable securities for charge of duty and foreign and Commonwealth share certificate

Marketable securities for the purpose of the charge of duty thereon, whether or not transferable by delivery, include— (a) a marketable security made or issued by or on behalf of any company or body of persons corporate or unincorporate formed or established in Kenya; and (b) a marketable...

Section 65 of Stamp Duty Act CAP 480: Penalty on issuing, etc., security not duly stamped

Every person who in Kenya makes, issues, assigns, transfers, negotiates or offers for subscription any foreign security or Commonwealth government security, not being duly stamped, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings.

Section 66 of Stamp Duty Act CAP 480: Foreign or Commonwealth securities may be stamped without penalty

A collector may at any time, without reference to the date thereof, allow a foreign security or Commonwealth government security to be stamped without the payment of any penalty, upon being satisfied, in any manner that he may think proper, that it was not made or issued, and has not been...

Section 67 of Stamp Duty Act CAP 480: Meaning of marketable security transferable on delivery and instrument to bearer

An instrument used for the purpose of assigning, transferring or in any manner negotiating the right to any marketable security, share or stock shall, if the delivery thereof is by usage treated as sufficient for the purpose of a sale on the market, whether that delivery constitutes a legal...

Section 68 of Stamp Duty Act CAP 480: Meaning of "mortgage" and "equitable mortgage" and provisions in relation to equitable mortgages

(1) For the purposes of this Act, "mortgage" means a legal charge or security by way of mortgage for the payment of any definite or certain sum of money advanced or lent at the time, or previously due and owing or foreborne to be paid, being payable, or for the repayment of money to be thereafter...

Section 68A of Stamp Duty Act CAP 480: Islamic property finance arrangement

In any mortgage under which— (a) a financial institution provides an Islamic finance arrangement that enables a person to own property or land; and (b) where the title or interest in the property or land is first transferred to the financial institution from the vendor and afterwards to that...

Section 69 of Stamp Duty Act CAP 480: Direction as to duty in certain cases

(1) A security for the transfer or re-transfer of any stock shall be charged with the same duty as a similar security for a sum of money equal in amount to the value of the stock; and a transfer, assignment or disposition of any such security, and a reconveyance, release, discharge, surrender,...

Section 70 of Stamp Duty Act CAP 480: Security for future advances how to be charged

(1) A security for the payment or repayment of money to be lent, advanced or paid, or which may become due upon an account current, either with or without money previously due, shall be charged, where the total amount secured or to be ultimately recoverable is in any way limited, with the same duty...

Section 71 of Stamp Duty Act CAP 480: Partitions

(1) Every instrument and every decree or order of any court, whereby the co-owners of any property divide or agree to divide such property in severalty, shall be charged with duty as a partition. (2) For the purpose of computing the duty on an instrument of partition, the largest share remaining...

Section 72 of Stamp Duty Act CAP 480: Meaning of "policy of insurance"

For the purposes of this Act, "policy of insurance" includes any writing whereby a contract of insurance is made or agreed to be made, or is evidenced; and "insurance" includes assurance.

Section 73 of Stamp Duty Act CAP 480: Meaning of "policy of marine insurance"

(1) For the purposes of this Act, "policy of marine insurance" means a policy within the meaning of the Marine Insurance Act (Cap. 390). (2) Where a person, in consideration of a sum of money paid or to be paid for additional freight or otherwise, agrees to take up himself any risk attending goods,...

Section 75 of Stamp Duty Act CAP 480: Continuation clause in policy of marine insurance

(1) A stamp duty of five shillings shall be charged on a policy of marine insurance containing a continuation clause, in addition to the stamp duty which is otherwise chargeable on the policy. (2) If the risk covered by the continuation clause attaches and a new policy is not issued covering the...

Section 76 of Stamp Duty Act CAP 480: Policy for voyage and time chargeable with two duties

Where any marine insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with...

Section 77 of Stamp Duty Act CAP 480: No policy valid unless duly stamped

A policy of marine insurance shall not be stamped at any time after it is signed or underwritten by any person, except in the two following cases— (a) a policy of mutual insurance having a stamp impressed thereon may, if required, be stamped with an additional stamp provided that at the time when...

Section 78 of Stamp Duty Act CAP 480: Stamping of policies of marine insurance which are subject to a contingent increase of premium

(1) Where the premium or consideration for a policy of marine insurance is expressed to be a sum not exceeding the rate of two shillings and fifty cents per centum of the sum insured, and is subject to an increase (whether defined or not in the policy) in the event of the occurrence of a specified...

Section 79 of Stamp Duty Act CAP 480: Legal alterations in policies may be made under certain restrictions

Nothing in this Act shall prohibit the making of any alteration which may lawfully be made in the terms and conditions of any policy of marine insurance after the policy has been underwritten, provided that the alteration is made before notice of the determination of the risk originally insured, and...

Section 80 of Stamp Duty Act CAP 480: Stamping of policies of insurance on ships under construction, etc.

A policy of insurance made or purporting to be made upon or to cover any ship or vessel, or the machinery or fittings belonging to the ship or vessel, whilst under construction or repair or on trial, shall be sufficiently stamped for the purposes of this Act, if stamped as a policy of marine...

Section 81 of Stamp Duty Act CAP 480: Penalty on assuring unless policy duly stamped

(1) If any person— (a) becomes an assurer upon any marine insurance, or enters into any contract for marine insurance, or directly or indirectly receives or contracts or takes credit in account for any premium or consideration for any marine insurance, or knowingly takes upon himself any risk, or...

Section 82 of Stamp Duty Act CAP 480: Meaning of "policy of life insurance" and "policy of insurance against accident"

(1) For the purposes of this Act, "policy of life insurance" means a policy of insurance upon any life or lives or upon any event or contingency relating to or depending upon any life or lives except a policy of insurance against accident; and "policy of insurance against accident" means a policy of...

Section 82A of Stamp Duty Act CAP 480: Payment of stamp for "policy of life insurance" and "policy of insurance against accident"

For purposes of this Act, the stamp duty payable for "policy of life insurance" and "policy of insurance against accident" shall be payable monthly as an aggregate of all policies issued within the month.

Section 83 of Stamp Duty Act CAP 480: Employer’s indemnity insurance

The provisions of section 82 in reference to the expression "policy of insurance against accident" shall extend to and include policies of insurance or indemnity against liability incurred by employers in consequence of claims made upon them by workmen who have sustained personal injury when the...

Section 84 of Stamp Duty Act CAP 480: Penalty for not making out policy or making, etc., any policy not duly stamped

Any person who— (a) receives, or takes credit for, any premium or consideration for any insurance and does not within three months after receiving, or taking credit for, the premium or consideration make out and execute a duly stamped policy of insurance; or (b) makes, executes or delivers out, or...

Section 85 of Stamp Duty Act CAP 480: Assignment of policy of life insurance to be stamped before payment of money assured

(1) No assignment of a policy of life insurance shall confer on the assignee therein named, or his executors, administrators or assigns, any right to sue for the money assured or secured thereby, or to give a valid discharge therefor, or any part thereof, unless the assignment is duly stamped, and...

Section 86 of Stamp Duty Act CAP 480: Provisions as to duty upon receipts

For the purposes of this Act, "receipt" includes any note, memorandum or writing whereby any money amounting to one hundred shillings or upwards, or any bill of exchange, cheque or promissory note for money amounting to one hundred shillings or upwards, is acknowledged or expressed to have...

Section 87 of Stamp Duty Act CAP 480: Certain forms of receipts not dutiable

Neither the name of a banker (whether accompanied by words of receipt or not) within the ordinary course of his business as a banker upon a bill of exchange, cheque or promissory note duly stamped, nor the name of a payee written upon a draft or order, if payable to order, shall constitute a receipt...

Section 88 of Stamp Duty Act CAP 480: Obligation to give receipt in certain cases, and penalty for offences in relation to receipts

(1) Any person receiving any money of one hundred shillings or upwards in amount, or any bill of exchange or promissory note for an amount of one hundred shillings or upwards, or receiving in satisfaction or part satisfaction of a debt any movable property of one hundred shillings or upwards in...

Section 89 of Stamp Duty Act CAP 480: As to settlement of policy or security

Where any money which may become due or payable upon a policy of life insurance, or upon a security, not being a marketable security, is settled or agreed to be settled, the instrument whereby the settlement is made or agreed to be made shall be charged with ad valorem duty in respect of that...

Section 90 of Stamp Duty Act CAP 480: Settlements, when not to be charged as securities

An instrument chargeable with ad valorem duty as a settlement in respect of any money, stock or security shall not be charged with any further duty by reason of containing provision for the payment or transfer of the money, stock or security, or by reason of containing, where the money, stock or...

Section 91 of Stamp Duty Act CAP 480: Duty when settlement made in pursuance of agreement

Where a settlement is made in pursuance of a previous agreement upon which ad valorem settlement duty exceeding twenty shillings has been paid in respect of any property, the settlement shall not be charged with ad valorem duty in respect of the same property, but shall be charged with the duty of...