According to the Land Registry Ordinance, a lease contract with a term of more than three years must be registered with the land registry office within one month of its completion. Other leases, especially those that have the option to extend the existing lease, may also be registered. Please note that a rental agreement must be stamped before it can be registered in the land register and, if necessary, admitted as evidence in court. An immediate stamp service by GovHK (www.gov.hk/etax) A rental agreement must be stamped within 30 days of execution. You can stamp a rental agreement via the Internet, by mail or in person at the stamp office of the tax administration. The landlord and tenant are required to pay stamp duty. Subject to an individual agreement, the payment of stamp duty is usually divided between the owner and the tenant. You can submit stamp applications in large quantities with up to 5,000 instruments at a time and pay stamp duty per single payment. You can use the 24-hour electronic stamping service to submit electronic stamp applications for: You can search for a tenant yourself or hire a licensed real estate agent to rent your property. In both cases, you are required to provide your potential tenant with accurate information about the property before entering into a lease. If you choose an agent, you must clarify with him the details of the order such as the amount of the commission and the payment term before signing the real estate agency contract. Subject to the terms of your lease, you and your tenant may be held responsible for the state`s prices and rent. The Evaluation and Evaluation Department and the Country Department offer a number of online services to facilitate payment.
Stamp certificates issued by the stamp receipt collector have the same legal status as conventional instrument stamps. Certificate authentication is available at www.gov.hk/estamping. A fixed-term lease occurring on or after July 9, 2004 ends at the end of its term. Landlords and tenants do not have to give notice of termination. You or your tenant can also terminate the tenancy prematurely by mutual agreement or if there is an interruption clause in the lease. The electronic stamping system generates stamp certificates to replace traditional stamps. Stamp certificates are issued immediately after receipt of stamp duty in online mode or within 2 working days of receipt of stamp duty in offline mode. You must submit a notice of new lease or renewal to the rating and rating service for confirmation within one month of entering into a lease. A fee of HK$310 will be charged in case of late deposit. With a copy of the notice returned after confirmation, you have the right to take legal action to claim the rent if necessary. A lease must specify what you and your tenant have agreed to as your respective rights and obligations.
However, certain rights and obligations are implied in a tenancy, unless there are provisions to the contrary in the lease. Your implied obligations include, for example, ensuring that your tenant enjoys the property and the conditions of the property during their stay. Under the Landlords and Tenants (Consolidation) (Amendment) Order, 2004, you and your tenant can decide whether or not to renew a lease that arose on or after July 9, 2004. However, if there is an option to extend the clause of your existing lease or other written agreement, your tenant`s right to extend the lease will be preserved. To download bulk stamp applications to share transfer documents, please click on the links below to view the demo videos. In principle, you and your tenant can decide between you on the terms of the rental agreement, provided that they do not violate the landlord and tenant order (consolidation). Upon receipt of a stamp application with the required document(s) and payment, the stamp office will issue a stamp certificate for the instrument or stamp the document. According to the Landlord and Tenant Order (Consolidation), in the absence of an express agreement on the payment of rent and the terms of expiration, if the rent is not paid, your lease means that the tenant must pay the rent on the due date and that the tenancy expires for 15 days after the non-payment.
As with other electronic services on the Internet, online authentication is required before using the service. Users of the electronic stamping service can authenticate in one of the following ways: You must inform your tenant if you decide to sell your rental property. If no new agreement is reached between your tenant and the new owner of the property, the terms of the existing tenancy will continue to apply. Do not forget to clarify with the tenant and the new owner the responsibility for refunding the deposit to the tenant. Go to this link: stamps.hasil.gov.my/stamps/SisIndividu/checking_ic you can submit a stamping request without the original instrument relating to agreements and assignments, as well as leases (except in cases subject to the decision or involving a request for exemption, discharge, remittance or refund) in paper form at the counter of the stamp office. In the case of a rental contract, the request can be made by mail. You can download up to 50 stamp requests at a time without having to enter them individually on the screen. Please click on “Online Demo” at www.gov.hk/estamping for a demonstration on electronic stamping. If your property is still subject to a mortgage, you must obtain the prior consent of the mortgagee to rent the property. Otherwise, you could be in breach of your mortgage agreement and your mortgage borrower could repossess the property. For all types of instruments, including ownership documents and those related to stock market transactions, you can present the original instrument with a stamp application and receipts at the stamp office counter.
In the case of a rental contract, the request can be made by mail. Once you have made the stamp duty payment, your online contact information will be displayed below. If you have any questions about rental matters or need help with rental matters, you can contact the Rating and Rating Service (RVD) for free application, support and brokerage services. You can also get free legal advice from Duty Counsel. You will have a new Rujukan number and indicated on the right side, payment already made. PropertyStamp Certificate Sample 1 Stamp Certificate Sample 2 (Issued for stamp certificate before January 19, 2008). January 2008)Stamp Certificate Sample 3 (Issued for stamp certificate on or after January 19, 2008)Stamp certificate Sample 4 (Issued for stamp certificate on or after January 19, 2008) Tax will be charged to the landlord or landlord on rent actually received during the taxation year. Unless you have already received an income tax return from the tax office to report income, you must notify the Department in writing if you are taxable and provide the details within 4 months of the end of the base period for that year (i.e., no later than July 31, depending on the base period from 1 April of each year to 31 March of the following year). You can use the land rental registration form provided by the department (I.R.6129). .
You also have other obligations as an owner or owner, such as keeping sufficient rental records.B. Then enter all relevant information in FIVE of each section of the form. . Procedure for stamping your rental agreement Submit a stamp application online: – First stamping of the contract / assignment Once you are on the login page, you will see that there is no quote. . Remember No Rujukan as a circle in RED. You may need to provide this number when you are at the checkout counter. Once you have submitted, the details of the next page will be displayed. However, it is not fully online at the moment, as payment still needs to be made at the counter. I`m going to share with you some quick guides for this change.
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