Deed Of Sale Tax Declaration Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Sale Tax Declaration

"I need a Deed of Sale Tax Declaration for my Hong Kong residential property sale to a foreign corporate buyer, with special provisions for Buyer's Stamp Duty and a completion date of March 15, 2025."

Document background
The Deed of Sale Tax Declaration is a crucial document required in Hong Kong property transactions to ensure compliance with tax regulations and stamp duty requirements. This document is mandatory when transferring property ownership and must be submitted to the Inland Revenue Department. It contains detailed declarations about the transaction value, relevant stamp duties (including special stamp duties where applicable), and tax obligations. The document helps prevent tax evasion and ensures proper assessment of stamp duties under Hong Kong law. It's particularly important given Hong Kong's complex property tax regime, which includes various types of stamp duties and special provisions for different categories of buyers and properties. The Deed of Sale Tax Declaration must be properly executed and witnessed, typically requiring professional legal assistance to ensure all tax implications are correctly addressed and declared.
Suggested Sections

1. Parties: Identification of the transferor/seller and transferee/buyer, including their full legal names, addresses, and Hong Kong ID/BR numbers

2. Background: Context of the property sale and purpose of the tax declaration

3. Definitions: Key terms used in the deed including property-related terms, tax-related terms, and relevant Hong Kong statutory references

4. Property Details: Full legal description of the property including lot number, address, and registered particulars

5. Consideration: Declaration of the full purchase price and payment terms

6. Tax Declaration: Formal declarations regarding the transaction value for stamp duty purposes

7. Stamp Duty Statement: Declaration of applicable stamp duty rates and amounts

8. Warranties and Representations: Statements confirming the accuracy of declared information

9. Execution: Formal execution block for parties and witnesses

10. Attestation: Witnessing and certification of signatures

Optional Sections

1. Special Stamp Duty Declaration: Required when the property is being sold within 36 months of acquisition

2. Buyer's Stamp Duty Declaration: Required when the buyer is not a Hong Kong permanent resident

3. Connected Persons Declaration: Required when parties are connected entities for tax purposes

4. Additional Property Holdings: Required when the buyer owns other properties in Hong Kong

5. Company Ownership Structure: Required when either party is a corporate entity

6. Foreign Investment Declaration: Required for overseas buyers or foreign-sourced funds

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property information including floor plans and ownership history

2. Schedule 2 - Consideration Breakdown: Itemized breakdown of the purchase price and payment structure

3. Schedule 3 - Stamp Duty Calculations: Detailed calculations of all applicable stamp duties

4. Schedule 4 - Supporting Documents: List of attached supporting documents like property ownership proof and ID copies

5. Appendix A - Tax Payment Evidence: Copies of stamp duty payment receipts and relevant tax certificates

6. Appendix B - Property Valuation: Independent valuation report if required for tax assessment purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Tax Advisory

Banking

Property Investment

Corporate Services

Notary Services

Property Management

Relevant Teams

Legal

Tax

Compliance

Real Estate

Finance

Risk Management

Property Acquisitions

Corporate Secretarial

Regulatory Affairs

Transaction Management

Relevant Roles

Tax Manager

Property Lawyer

Conveyancing Solicitor

Real Estate Manager

Compliance Officer

Legal Counsel

Tax Consultant

Property Transaction Manager

Company Secretary

Finance Director

Real Estate Agent

Tax Director

Property Acquisitions Manager

Legal Director

Risk Manager

Industries
Teams

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