CONSOLIDATED ACTS OF SAMOA 2009

STAMP DUTY ORDINANCE 1932

Arrangement of Provisions

TITLE

1. Short title
2. Interpretation
3. Imposition of stamp duty
4. Stamping instruments
5. Presentation for stamping
6. Penalties for late presentation
7. Bills of exchange
8. Repealed
9. Repealed
10. Miscellaneous instruments
11. Consideration for instruments may be increased
12. Appeals against assessments
13. Unstamped instrument in judicial proceedings
14. Conveyance of land subject to encumbrances
15. Conveyances by direction
16. Agreements for sale and purchase
17. Fraudulent dealing with stamps.
18. Head of State may remit duty
19. Powers of the Chief Executive Officer
20. Official seal
21. Repeal and savings
22. Transitory provisions
23. Special valuations
24. Presentation of instrument and vernment's right to sue
25. Separate matters in instrument to be separately charged
26. Penalty for understating value of property
27. Penalty for failing to produce unstamped instrument
28. Penalty for failing to produce documents for inspection
29. Duty to be calculated in Samoa currency
30. Duty on one of several instruments in respect of same transaction
31. Agreement for sale followed by conveyance
Schedule

____________

THE STAMP DUTY ORDINANCE 1932
1932 No. 1

AN ORDINANCE to impose stamp duty on specified instruments 
(10 October 1932)
(Commencement date: 10th October 1932)

1. Short title - This Ordinance may be cited as the Stamp Duty Ordinance 1932.

 2. Interpretation - In this Ordinance, unless the context requires a different interpretation:

"Agreement for sale" means an agreement for the conveyance on sale of any property whether by way of actual sale, exchange or otherwise howsoever for valuable consideration.

"Bill of exchange" means a bill of exchange, promissory note or cheque within the meaning of the Bills of Exchange Act 1976.

"Bill of lading" includes any receipt given in lieu thereof by the master, mate, owner, or agent of any vessel.

"Chief Executive Officer" means the Chief Executive Officer of the Ministry of Finance.

"Consideration" or "valuable consideration" means valuable consideration in money or money's worth.

"Conveyance", "transfer", or "assignment" means the transfer of any property from one person to another whether by the owner of that property or by any other person in the exercise of a power of sale or appointment or otherwise howsoever.

"Conveyance on sale" means a conveyance of property for valuable consideration whether by way of sale, exchange, or otherwise howsoever and shall include an agreement for sale made after the coming into operation of this Ordinance; and "a voluntary conveyance" means a conveyance of property otherwise than for valuable consideration.

"Declaration of trust" means an instrument creating an express trust or acknowledging the existence of a trust already created, whether such instrument is executed by the creator of the trust or by the trustee, and whether the creator of the trust and the trustee are the same or different persons.

"Duty" means stamp or other duty imposed by this Ordinance.

"Executed' with reference to instruments means signed by any one or more of the parties thereto or in the case of a corporation sealed with its seal; and "execution" has a meaning corresponding thereto.

"Gazette" means the Samoa Gazette.

"Instrument" includes every written document not being a will or other instrument operating by way of testamentary disposition only.

"Land" means land in Samoa.

"Lease" means an instrument whereby a leasehold interest in land is created whether at law or equity.

"Licence" means an instrument wherever executed creating at law or in equity any easement over land or any right, privilege or licence entitling the grantee to enter upon land or to use the same or to take timber, minerals, crops or other profits therefrom.

"Mortgage" means a mortgage of land and includes an equitable mortgage or agreement to mortgage land whether to secure the payment of money or to secure the performance of any other obligation.

"Presented for stamping" means delivered whether personally or otherwise at the office of the Chief Executive Officer for stamping.

"Property" means every description of property or proprietary right and every estate or interest in property whether legal or equitable and whether corporeal or incorporeal and includes goodwill.

"Shares" means shares in the capital of any company registered in Samoa or elsewhere and includes stock.

"Stamp" means a stamp lawfully created under the provisions of the Post Office Act 1972.

"Writing" includes every mode in which words or figures can be expressed and "write" has a meaning corresponding thereto.

3. Imposition of stamp duty - (1) Subject to the provisions hereinafter appearing and to the exemptions set out in the Schedule, there shall be charged upon the instruments specified in the said Schedule the several duties therein set opposite the same respectively.

(2) The said duties shall become due and payable by the persons described in the said Schedule as being primarily liable immediately upon the first execution of such instruments.

(3) All duties and additions thereto by ways of penalty payable under this Ordinance shall from and after the date on which the same become due and payable be deemed to be debts due to the Government of Samoa jointly and severally by every person primarily liable for the payment thereof and shall be recoverable accordingly.

(4) To avoid doubt, no stamp duty shall be charged in respect of any application for incorporation of a company under the Companies Act 2001, or in respect of any rules of incorporation adopted by a company under that Act, whether at the time of incorporation or otherwise.

4. Stamping instruments - Except where otherwise specially provided in that behalf, instruments to which this Ordinance applies and which are charged with stamp duty shall be stamped by the Chief Executive Officer after the execution thereof in accordance with the provisions hereinafter appearing and not otherwise.

 5. Presentation for stamping - (1) Any instrument to which the last preceding section applies may at any time after the execution thereof be presented to the Chief Executive Officer for stamping.

 (2) If the instrument is liable to duty the Chief Executive Officer shall assess the amount of such duty and on the payment thereof he or she shall cause the instrument to be stamped with an impressed or adhesive stamp indicating the amount of the duty and any addition thereto by way of penalty.

 (3) If the instrument is not liable to duty the Chief Executive Officer shall cause it to be stamped with an impressed or adhesive stamp indicating that the instrument is not liable to duty and every adhesive stamp so used shall be cancelled by impressing thereon the official seal.

 (4) Every instrument so presented for stamping shall be assessed for stamp duty within one month from the date of presentation.

 6. Penalties for late presentation - (1) Every instrument so presented for stamping within 1 month after and exclusive of the day of the execution thereof or in the case of an instrument executed out of Samoa within 1 month after it has first been received in Samoa shall be charged with the proper stamp duty only without penalty.

 (2) If any instrument is so presented for stamping later than the period limited by the last preceding subsection but within 3 months after and exclusive of the day of the execution thereof (or in the case of an instrument executed out of Samoa within 3 months after it has first been received in Samoa) it shall be charged, in addition to the proper stamp duty, with a penalty equal to one-fourth of that duty.

 (3) If any instrument is not presented for stamping within 3 months after and exclusive of the day of the execution thereof (or in the case of an instrument executed out of Samoa within 3 months after it has first been received in Samoa) it shall be charged in addition to the proper duty with a penalty equal to that duty but not less in any case than $25.

 7. Bills of exchange - (1) The stamp duty payable under this Ordinance on bills of exchange shall be denoted by one or more adhesive stamps which shall be affixed by any one of the persons primarily liable for the payment thereof:

PROVIDED THAT provision may be made by the Head of State on the advice of Cabinet by regulations under the principal Ordinance for exempting bills of exchange and promissory notes payable on demand from stamp duty in consideration of the payment by the Bank of Samoa or such other Banks as may from time to time operate in Samoa, of sums by way of commutation of that duty.

 (2) It shall be the duty of the person so affixing an adhesive stamp or stamps to cancel the same by writing on or across each stamp his or her name or initials or the name of his or her firm together with the true date of his or her so signing.

 (3) Every person into whose hands any bill of exchange comes before it has been duly stamped shall, before he or she presents it for payment or endorses, transfers or in any way negotiates it or accept it, or pays it, affix thereto the proper adhesive stamp and cancel it in manner provided in subsections (1) and (2) but no person shall thereby be relieved from liability for any offence theretofore committed by him or her against this Ordinance in respect of that bill.

 (4) Every person who fails, neglects or refuses duly and efficiently to affix and cancel a stamp in accordance with the provisions of this section shall be guilty of an offence and liable to a penalty of 1 penalty unit.

8 - 9 Repealed

 10. Miscellaneous instruments - (1) The stamp duty payable under this Ordinance on,-

(a) Agreements as provided by Item number 1 of the Schedule hereto;

(b) Appraisement or valuations;

(c) Bills of lading;

(d) Charter parties,-

 may be denoted by one or more adhesive stamps affixed by any one of the persons primarily liable for the payment thereof at the time of execution.

 (2) It shall be the duty of the person so affixing an adhesive stamp or stamps to cancel the same forthwith by writing on or across each stamp his or her name or initials together with the true date of his or her so signing.

 (3) Every person who fails or neglects to cancel a stamp in manner provided by the last preceding subsection shall be guilty of an offence and shall be liable to a penalty of 1penalty unit.

 11. Consideration for instruments may be increased - (1) To the extent to which in the opinion of the Chief Executive Officer the value for the consideration for an instrument of conveyance, lease or license is inadequate having regard to the value of the property conveyed, leased or granted thereby or is not ascertainable with reasonable accuracy he or she may in assessing duty on the instrument disregard the consideration shown therein and treat it as if it did not exist.

 (2) In such case the instrument shall be deemed to be a voluntary conveyance to the extent of any resulting inadequacy in the consideration therefor and shall be chargeable with conveyance duty accordingly or the Chief Executive Officer may assess the instrument with a duty not exceeding the sum of $50 in respect of the consideration so far as it is deemed to be unascertainable.

 12. Appeals against assessment - (1) Any person who is dissatisfied with the assessment of duty or penalty made in respect of any instrument presented by him or her or on his or her behalf for stamping may within 21 days after the date of such assessment and on payment of the duty and penalty (if any) so assessed appeal to the Supreme Court against such assessment.

 (2) Every appeal under this section shall be by way of motion in accordance with the rules of the Supreme Court.

 (3) The Supreme Court shall have power on any such motion:

(a) To affirm or cancel the assessment or increase or reduce the amount thereof; or

(b) To refer the assessment back to the Chief Executive Officer to be altered in accordance with the directions of the Court; or

(c) To make such order as it thinks fit in respect of the costs of and incidental to the motion.

 13. Unstamped instrument in judicial proceedings - (1) Upon the production of an instrument chargeable with duty as evidence in any Court notice shall be taken by the Court of any omission or insufficiency of the duty thereon and if the instrument is one which may be stamped by the Chief Executive Officer after the execution thereof it may, on payment into Court of such sum as may appear to the Court to be the amount of the unpaid duty and the penalty (if any) payable on the stamping thereof, be received in evidence saving all just exceptions on other grounds. 

 (2) The Court shall detain the instrument and transmit it to the Chief Executive Officer together with the duty and penalty so received and the instrument shall thereupon be assessed and stamped by the Chief Executive Officer as if it had been presented for stamping in the ordinary course and the provisions of this Ordinance as to stamping or instruments by the Chief Executive Officer shall apply accordingly.

 (3) Save as aforesaid no instrument chargeable with duty shall (except in criminal proceedings) be pleaded or given in evidence or admitted to be good, useful or available in law or equity unless it is stamped in accordance with this Ordinance.

 14. Conveyance of land subject to encumbrances - A conveyance whereby property is transferred to any person subject whether certainly or contingently to any mortgage, charge or other security for money owing or to become owing shall to the extent of the sum secured by such mortgage, charge or security (together with the further consideration, if any, given for the property) be deemed to be a conveyance on sale and the said sum shall be deemed to be the whole or part, as the case may be, of the consideration for such sum and conveyance duty on the instrument of conveyance (subject to the provisions of section 11 ) be computed and charged accordingly.

 15. Conveyances by direction - (1) When property is conveyed by one person to another:

(a) By the direction or at the request or with the consent of a third person (hereinafter called the intermediary) who under an agreement for sale or a trust or otherwise howsoever has the right to call for a conveyance of the property to himself or herself or to any other person; or

(b) In pursuance of any derivative title obtained by the transferee from or through the intermediary by way of an agreement of sale or otherwise howsoever,-

 the instrument of conveyance shall be subject to conveyance duty as if it was both a conveyance of the property by the transfer or to the intermediary and also a conveyance of the property by the intermediary to the transferee.

 (2) Every such instrument of conveyance shall recite such direction, request, consent or derivative title and if the instrument is executed without such recital every person executing the same shall be guilty of an offence and liable to a penalty of 1 penalty unit.

 (3) Nothing in this section shall apply where the instrument under which the intermediary has the right to call for a conveyance of any property has been executed before the coming into operation of this Ordinance.

 16. Agreements for sale and purchase - Stamp duty paid on an agreement for sale and purchase shall be refunded if and so far as the Chief Executive Officer is satisfied that the agreement of sale was unenforceable by reason of fraud, misrepresentation or defect of title and has been rescinded accordingly or has not been substantially performed or carried into effect whether directly or indirectly in favour of the purchaser or of any person claiming under him or her or otherwise and that application for such refund has been made by the person entitled thereto within 12 months after the execution of the said agreement.

 17. Fraudulent dealing with stamps - Every person shall be guilty of an offence and liable to imprisonment for 3 months or to a fine of 5 penalty units who:

(a) Fraudulently removes or causes to be removed an adhesive stamp form any instrument or document; or

(b) Fraudulently affixes to any instrument or document an adhesive stamp which has been removed from any other instrument or other document; or 

(c) In any other manner fraudulently deals with any stamp with intent to defraud the Government of Samoa; or

(d) By means of any false date, recital or statement in any instrument or by any false representation whatsoever defrauds or attempts to defraud the Government of Samoa of any duty or other money payable under this Ordinance whether by himself or herself or by any other person; or

(e) Is knowingly concerned in any offence under the last preceding subparagraph hereof.

 18. Head of State may remit duty - (1) In any case where the Head of State is satisfied that the exaction of the stamp duty or any penalty payable under this Ordinance will entail undue hardship to any person or is inequitable the Head of State may by warrant under his or her hand exempt any instrument from the payment thereof or if the instrument has been duly stamped order a refund thereof.

 (2) The exemption from or refund of stamp duty or penalty under the last preceding subsection may extend to the whole or such part thereof as to the Head of State shall seem fair and equitable in the circumstances.

 (3) The Chief Executive Officer shall without further authority and notwithstanding anything to the contrary in this Ordinance, stamp all instruments or refund stamp duties or penalties as the case may require in accordance with the provisions of any warrant made under this section.

 19. Powers of the Chief Executive Officer - (1) For the purpose of obtaining information respecting the liability of any person to pay any stamp duty or penalty under this Ordinance the Chief Executive Officer may summon any person before him or her and examine that person on oath and may require that person to produce any document in that person's possession and control which contains or may be supposed to contain any such information.

 (2) If any person so summoned refuses or wilfully neglects to appear before the Chief Executive Officer in obedience to the summons or to take an oath as witness before the Chief Executive Officer or if any person having been sworn as a witness at any such enquiry refuses or wilfully neglects to answer any question put to him or her touching the subject-matter of the enquiry or to produce to the Chief Executive Officer and such document as aforesaid such person shall be guilty of an offence and liable to a fine of 5 penalty units.

 (3) The Chief Executive Officer may impound and detain any document which comes into his or her hands until the proper stamp duty and penalty (if any) assessed as payable thereon have been paid.

 (4) All actions and proceedings to recover any stamp duty or penalty payable under this Ordinance may be commenced and prosecuted by the Chief Executive Officer in his or her official name for and on behalf of the Government of Samoa.

 20. Official seal - The official seal for the purpose of this Ordinance shall be the words "Stamp Duties Office Samoa" encircling the badge depicted in the public seal of Samoa.

 21. Repeal and savings - (1) The Ordinance made by the Administrator of Samoa during the British Military Occupation thereof (known as Proclamations 53 and 58) and which shall be deemed to have been in full force and effect up to the coming into operation of this Ordinance are hereby repealed.

 (2) All acts of authority which originated under the Ordinances hereby repealed or either of them and are subsisting and in force at the commencement of this Ordinance shall ensure for the benefit of this Ordinance as fully and effectually as if they had originated thereunder.

 22. Transitory provisions - (1) The provisions of this Ordinance with respect to stamp duty shall apply to all instruments which within the meaning of this Ordinance are executed after the commencement thereof.

 (2) In the case of all other instruments the provisions with respect to stamp duty contained in the said Ordinances hereby repealed shall continue to apply as if they had remained in full force and effect.

 (3) When the liability of an instrument to stamp duty depends in any manner on the payment of duty on any other instrument the payment of duty on that other instrument under this Ordinances hereby repealed shall have the same effect as the payment of the like duty under this Ordinance.

 (4) Every instrument which is or purports to have been executed prior to the date of assent of the Omnibus Charges and Fees Amendment Act 1986 which is not presented to the Chief Executive Officer for stamping within one month after that date of assent shall be deemed to have been executed on that date of assent.

 23. Special valuations - (1) Where the value of any land or of any building is to be determined for the purpose of duty such value shall be determined by a valuer appointed by the Head of State. Such value shall be the amount of a special valuation made by such valuer of such land or building for the purposes of this Ordinance as at the date of execution of the instrument and the value shall for the purposes of duty be deemed to be the value determined as aforesaid.

 (2) Where the value of any property other than land or buildings is to be determined for the purpose of duty such value shall be determined by the Chief Executive Officer. Such value shall be the amount of a special valuation made by the Chief Executive Officer of such property for the purposes of this Ordinance as at the date of execution of the instrument and the value shall for the purposes of duty be deemed to be the value determined as aforesaid.

 (3) In respect of such special valuations there shall be payable by the persons liable to duty on the instrument such fee as may be prescribed by the Head of State by regulations under this Ordinance, and such fee shall be recoverable at the suit of the Chief Executive Officer as a debt due to the Government of Samoa.

 (4) The Head of State shall have power to make the appointment referred to in subsection (1) and the regulations referred to in subsection (3).

 (5) When any special valuation has been so made any person liable to pay stamp duty in accordance with such valuation may within one month after the date of such assessment appeal to the Supreme Court against such assessment.

 (6) Every appeal under this section shall be by way of motion in accordance with the rules of the Supreme Court.

 (7) The Supreme Court shall have power on any such motion:

(a) To diminish, increase or confirm the amount of the special valuation; or

(b) To refer the special valuation back to the valuer or the Chief Executive Officer, as the case may be, to be altered in accordance with the directions of the Court; or

(c) To make such order as it thinks fit in respect of the cost of any incidental to the motion.

 24. Presentation of instrument and Government's right to sue - The presentation of any instrument for stamping, or the assessment of duty or penalty in accordance with the provisions hereof, shall not constitute a condition precedent to the right of the Government of Samoa to sue for and recover any duty or penalty payable on that instrument.

 25. Separate matters in instrument to be separately charged - An instrument containing or relating to several distinct matters is to be separately and distinctly charged as if it were a separate instrument with duty in respect of each of those matters.

 26. Penalty for understating value of property - (1) If any instrument liable to duty is so drawn or worded as to appear on the face of it to be exempt from duty, or to be liable to a less duty than that actually chargeable thereon, the instrument shall be liable to duty computed at double the rate which would otherwise have been chargeable and not less in any case than $50.

 (2) Nothing in this section shall render any person liable for such additional duty by reason merely of a bona fide error in stating the value of any property to which the instrument relates.

 27. Penalty for failing to produce unstamped instrument - (1) If the Chief Executive Officer has reason to believe or suspect that any dutiable instrument executed after the coming into operation of this Ordinance has not been stamped, the Chief Executive Officer may, by notice in writing, require any person whom he or she believes to be liable for the payment of duty on that instrument, or to have the possession or control of that instrument or of any duplicate, counterpart, or copy thereof to produce it for inspection and assessment at the office of the Chief Executive Officer.

 (2) Any person to whom such notice has been given and who fails without reasonable cause (the burden of proof whereof shall be on him or her) to comply with the requirements of such notice shall be guilty of an offence, and shall be liable to a fine of 5 penalty units.

 28. Penalty for failing to produce documents for inspection - (1) All public officers and all other persons having in their custody or possession any rolls, books, records, registers, papers, or other documents the inspection whereof may tend to secure the payment of any stamp or other duty under this Ordinance, or to the proof or discovery of any fraud or omission in relation to any such duty, shall at all reasonable times, notwithstanding anything to the contrary in any other Act, Order or Ordinance in force in Samoa, permit any person authorised by the Chief Executive Officer to inspect all such documents and to make such copies thereof or extracts therefrom as he or she may deem necessary, without fee or reward.

 (2) Every person who refuses to permit, or obstructs any such inspection or the making of any such copies or extracts shall be guilty of an offence, and shall be liable to a fine of 5 penalty units.

 29. Duty to be calculated in Samoa currency - Where an instrument is charged with ad valorem duty in respect of money in any currency other than that of Samoa, such duty shall be calculated on the value of such money in the currency of Samoa at the time of the execution of the instrument.

 30. Duty on one of several instruments in respect of same transaction - Where 2 or more instruments of agreement have been executed in respect of the same agreement of the sale it shall be sufficient if any one of them is presented for stamping and stamped with conveyance duty, together with such penalty, if any, as may have been already incurred by reason of default in presenting the earliest of such instruments for stamping.

 31. Agreement for sale followed by conveyance - When an agreement of sale is carried into effect in whole or in part by the execution of a conveyance to the purchaser, which is executed and presented for stamping within one month after the execution of the instrument or earliest instrument of agreement of sale, the conveyance may be stamped with ad valorem duty as a conveyance on sale and the instrument of agreement shall thereupon to the extent to which it has been so carried into effect become exempt from duty.

SCHEDULE
 section 3

Item No. Nature of Document Duty Person  primarily liable

1
	 
 Agreement or Memorandum of Agreement including contracts of agency not made by deed:
 Exemptions
(a) Government: any agreement to which Government is a party

(b) Deed: any agreement which if made by Deed would be exempt from stamp duty (see Item No. 11)

(c) Otherwise charged: any agreement otherwise chargeable under this Schedule

(d) Under $100: any agreement the subject matter whereof is less than the value of $100

(e) Company Charges –

 (i) any charge document within the meaning of clause 1 of Schedule 1 of the Companies Act 2001 applies;

 (ii) any priority document within the meaning of clause 1 of Schedule 1 of the Companies Act 2001;

 (iii) any alteration document within the meaning of clause 1 of Schedule 1 of the Companies Act 2001.

Nothing in this paragraph exempts a mortgage of land, variation of priority of mortgage of land, or a variation or release of a mortgage of land from liability for duty. 

$20.00
	 
The parties 
thereto

2.

	 Appointment of new Trustees: for every Instrument of Appointment
Exemptions
 (a) Orders of the Supreme Court
 (b) Wills
 	$20.00	The person making the appointment	
3.	 Appraisement or Valuation
Exemptions
(a) Appraisement of information of one party only
(b) Appraisement for or on behalf of the Government
 	$20.00	The person making the same
	
4.	Assignment for benefit of Creditors
	$20.00	The Assignee	
5.	Award
Exemption 
Award made in any matter in which the Government is a party
	$20.00	The person making the same 	
6.	Bill of exchange:
(a) Every Bill of Exchange payable on demand

(b) Every Bill of Exchange payable otherwise for every $100 or fractional part of $100 of the amount thereof

(c) Bill of Exchange drawn in a set shall be charged the same duty as if a single Bill had been drawn for the amount

 Exemptions:

(a) Bills of Exchange drawn or made on behalf of the Government

(b) Bank notes (meaning promissory notes issued by any person, firm or corporation carrying on the business of banking and payable on demand) 
 	
0.50
 
0.50	
Maker, drawer or acceptor	
7.	Bill of Lading 
Bill of Lading for any goods, merchandise or effects to be carried to any place beyond Samoa
Exemption
A Bill of Lading issued for goods the property of the Government 
	
$20.00	
The Consignor
	
8.	Charter Party - Charter Party for conveyance beyond Samoa

Exemption - Charter Party when Government is charterer 
	$20.00	Charterer	
[Paragraph 9 – repealed by the Company Law Reform (Transitional Provisions) Act
2006].
				
10.

11.	Conveyances -
For every conveyance on sale or voluntary conveyance: for every $100 or part of $100 of the amount of the value of the property conveyed, as the case may be.
Provided that if stamp duty as above had been paid on an agreement for sale the instrument of conveyance of the land in pursuance of that agreement shall be liable to a stamp duty of $20.00
Exemptions
(a) Repealed by 1991 No. 22
(b) Chattels: a transfer of legal ownership of chattels or other property transferrable by delivery merely:
(c) Government - 
 (i) conveyance to the Government of any property
 (ii) transfer of legal ownership of bond debentures and other public securities issued by the Government
(d) Gifts: the amount of gift duty payable under the Death Duties Order 1922 shall be deducted from the duty which would otherwise be payable but if there is no residue the instrument shall be charged with a stamp duty of $20.00 in lieu of the conveyance duty payable under this item
(e) Highway dedication: an instrument of a dedication of a highway
(f) Instruments otherwise chargeable: an instrument of conveyance or transfer otherwise chargeable under this Schedule
(g) Insurance: transfer of a policy or contract of insurance
(h) Securities: Conveyance by way of security merely and any re-conveyance of property so conveyed on the discharge of the security: Transfers referred to in item No. 16(c)
(i) Shares: Transfer of shares
(j) Ships: Transfer of the legal ownership of a ship or of any share therein
(k) Trust Property: 

 (i) Conveyance from a trustee to a trustee on the appointment of a new trustee or on the retirement of a trustee 

 (ii) Repealed by 1991 No. 22 

Deeds not charged otherwise: For every deed of any kind executed in Samoa or relating to any property situated in Samoa or to any matter or thing done or to be done in Samoa, and for which a specific stamp duty is not chargeable elsewhere in this Schedule
Exemptions
(a) Apprenticeship: any deed of apprenticeship
(b) Chattels: any instrument within the meaning of the Chattels Transfer Act 1975
(c) Instruments: any instrument by way of deed exempted from payment of the stamp duty specified in any other item in this Schedule
(d) Insurance: policies or contracts of insurance and transfer or mortgages of policies or contracts of insurance
(e) Company Charges:
 (i) any charge document within the meaning of clause 1 of Schedule 1 of the Companies Act 2001;
 (ii) any priority document within the meaning of clause 1 of Schedule 1 of the Companies Act 2001;
 (iii) any alteration document within the meaning of clause 1 of Schedule 1 of the Companies Act 2001.

Nothing in this paragraph exempts a mortgage, variation of priority of mortgage, or a variation or release of a mortgage from liability for duty.
 	$1.00

$20.00	The Transferee

All parties thereto	
12.	Duplicates and Counterparts: Every duplicate or counterpart of an instrument chargeable with stamp duty and duly stamped shall be liable for he same duty as the original instrument but with a maximum of
Exemptions
(a) Non-negotiable duplicates or counterparts of bills of lading
(b) Duplicates of any instrument retained by the Registrar of Land appointed under the Samoa Land Registration Order 1920 (N.Z.) to form records of the office of the Registrar of Land.
 	$5.00	Person primarily liable under the original instrument	
13.	Guarantee: for every instrument guaranteeing or promising to answer for the debt or default of any other person and signed by the party to be charged where such guarantee or promise is the principal object of the instrument.
	$20.00
		
14.	Leases (see definition section 2):
(a) For every agreement or deed of lease: for $100 or part of $100 of the annual rent;
(b) Where the consideration for a lease consists of money paid by way of a premium an additional stamp duty shall be payable on the amount of the premium as on a conveyance;
(c) Where a lease includes not merely land but also chattels or other property the stamp duty shall be computed on the whole rent without apportionment;
(d) Where the lease provides for an increase in the annual rental, the annual rental for the purpose of stamp duty shall be the highest rental payable in any one year during the demised term;
(e) A lease granted without consideration shall be charged with duty as if it were a voluntary conveyance, and such duty shall be computed on the value of the leasehold interest so created;
(f) A lease granted for an inadequate consideration shall, in respect of the consideration therefor, be charged in accordance with the foregoing provisions of this item, and shall also be charged with duty as if it were a voluntary conveyance in respect of he value of the leasehold interest after deducting the amount of such consideration;
(g) Where duty has been paid on an agreement to lease an actual lease thereafter executed in pursuance of the agreement shall be charged with a duty of $2.00 only.
 
Exemption
Leases to the Government. 
	0.40	The Lessee	

15.	
Licences (see definition section ):
(a) For every agreement or deed of licence: for every $100 or part of $100 which in a lease would be deemed to be rent:
(b) Where the consideration for a licence consists of money paid by way of a premium an additional stamp duty shall be payable on the amount of the premium as on a conveyance;
(c) The provisions of sub-items (e) and (f) of item 14 hereof shall (mutatis mutandis) apply to the licences;
(d) Where duty has been paid on an agreement to licence an actual licence thereafter executed in pursuance of the agreement shall be charged with a duty of $2.00 only
 Exemption
Licences to and in favour of the Government
	
$20.00	
The Licensee	
16.	Mortgages (see definition section 2):
(a) For every mortgage
(b) For every release or partial release of a mortgage
(c) For every transfer of a mortgage, debenture or of money payable or to become payable, or of any thing in action or any interest in a trust fund: for every $100 or part of $100 for the consideration for transfer, or of the value of the property transferred in the case of a voluntary transfer or a transfer for an inadequate consideration; 
(d) Where duty has been paid on an agreement to mortgage an actual mortgage thereafter executed in pursuance of the agreement shall be charged with a duty of $2.00 only. 
 	$5.00

$20.00
0.40

0.40	The Mortgagor

The Mortgagor
The Transferee

The Transferee	
17.	 Partitions:
(a) For every instrument of partition where a consideration is paid by way of equality: for every $100 or part of $100 of the equality;

(b) For every other instrument of partition. 	
$20.00

$20.00
	
The party by whom the equality is payable

All parties thereto	
18.	 Policies of Sea Insurance:
(a) Upon every policy of marine insurance of any voyage: For every voyage $200 and every part of $200 thereby insured;
(b) Upon every policy of marine insurance for time, for every $200 and every part of $200 thereby insured: Where the insurance is made for any time not exceeding 6 months;
 
 For any time exceeding 6 months
 
 Exemption
 Insurance of goods the property of the Government
 	
$20.00

$20.00

$20.00	
The party issuing the policy

The party issuing the policy	
19.	Shares: For every transfer of shares or of any equitable interest in shares in any company: for very $100 or part of $100 of the consideration for transfer or of the value of the property transferred in the case of a voluntary transfer or a transfer for an inadequate consideration	$20.00	The Transferee	
20.	Declaration of Trust of any Property: Notwithstanding the exemptions under item 10 hereof the duty shall be one half of the duty set opposite items 10, 16(c) or 19 hereof, as the case maybe, as if it were a conveyance, transfer or assignment of the equitable title to the property by the creator of the trust to the beneficiaries:
(a) Government: Declaration of trust in favour of the Government of any property;
(b) Gifts: The amount of gift duty payable under the Death Duties Order 1922 shall be deducted from the duty which would otherwise be payable but if there is no residue the instrument shall be charged with a stamp duty of $5.00 in lieu of the duty payable under this item;
(c) Instruments otherwise chargeable: An instrument of declaration of trust of any property otherwise chargeable under this Schedule
(d) Securities: Declaration of trust of any property by way of security merely and any re-conveyance of such property on the discharge of the security. 		The creator of the trust	

REVISION NOTES 1997

The Stamp Duty Ordinance 1932 appearing in this Reprint comprises that Ordinance as it appears in the 1977 Reprint together with the amendments of figures to several sections and a new schedule substituted contained in the Schedule to the Omnibus Fees and Charges Amendment Act 1986 as amended by the Omnibus Fees and Charges Amendment Act 1991as specified below:

Section 6: Subsection (3) figures $25 substituted by 1986/20

Section 7: " (4) figure $100 " "

Section 10: " (3) " " "

Section 11 " (2) " " "

Section 15 " (2) " " "

Section 17 " $500 " "

Section 18 " (2) $100 " "

Section 22: A new subsection (4) is added by 1986/20

Section 26 Subsection (1) figure $50 substituted by 1986/20

Section 27: Subsection (2) figure $500 substituted by 1986/20

Section 28: Subsection (2) figure $500 substituted by 1986/20

Schedule: Replaced by a new Schedule by 1986/20 and several amendments were made to it by the 1991/22 Act.

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(c) All references to the male gender have been made gender neutral.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

Schedule was amended by the Stamp Duty Amendment Act 1999 by deleting the amount of stamp duty relating to each of the Items specified in the Schedule and replacing them with $20.00 in each case; and

By deleting the amount of $2.00 from Item number 12 and replacing it with $5.00.

Schedule

Items Numbers 1,2,3,4,5,7,8,9,10 (d), 11,13,16 (a) and also the reference to the amount of $2.00 in the proviso to Item 10.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated by Noumea Loretta Afamasaga.
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008 - the commencement date has been noted and inserted after the date of assent.

The following amendments have been made to the Act to incorporate amendments made by Act of Parliament passed since the publication of the CONSOLIDATED AND REVISED STATUTES OF SAMOA 2007 –

by the Company Law Reform (Transitional Provisions) Act 2006 – 

Section 3 A new subsection (4) has been inserted after subsection (3);

Schedule The list of Exemptions in paragraph 1 is amended by inserting a new paragraph (e) after paragraph (d);

 Paragraph 9 of the Schedule is repealed;

 The list of Exemptions in paragraph 11 is amended by inserting a new paragraph (e) after paragraph (d).

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007. 

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel)

The Stamp Duty Ordinance 1932 is administered by the Ministry of Finance.