Hong Kong International Corporate Secretaries

Form IRSD102 schedule of landed properties for stamp duty

Understand Form IRSD102, the Schedule of Landed Properties, for Hong Kong stamp duty transactions. Learn what details to declare.

IRSD102 at a glance

Official title
Schedule of Landed Properties
Issued by
Inland Revenue Department

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Understanding Form IRSD102 Schedule of Landed Properties for Stamp Duty

Form IRSD102 is a supplementary declaration. The Inland Revenue Department requires it when a buyer already owns or has an interest in other residential properties in Hong Kong. This form helps the Stamp Office determine the correct stamp duty rate for a property acquisition, particularly the higher rates that apply to multiple property owners.

Schedule of Landed Properties Hong Kong

The schedule of landed properties is the complete list of residential properties a buyer or their spouse owns or has an interest in at the time of a new acquisition. It is not a standalone filing. It accompanies the principal stamp duty instrument, such as an agreement for sale and purchase or an assignment. The Inland Revenue Department uses this information to assess whether the buyer qualifies for lower stamp duty rates for first-time homebuyers or single property owners, or whether the higher rates for multiple property owners apply.

The schedule must include every residential property in which the buyer has a legal or beneficial interest, whether held solely, jointly, or through a nominee. It covers properties in Hong Kong and, where relevant, overseas residential properties that may affect the buyer's residential status for Hong Kong stamp duty purposes.

IRD Form IRSD102

IRD form IRSD102 is the official document prescribed by the Inland Revenue Department for declaring the schedule of landed properties. For each property owned, the buyer must provide the property address, the nature of their interest, the date of acquisition, and the consideration amount paid. The form also requires the buyer to confirm their residential status and whether they are acquiring the new property as a sole buyer or jointly with others.

The Inland Revenue Department publishes the current version of Form IRSD102 on its official website. The form is available for download in PDF format and can be completed manually or electronically. The Stamp Office may request additional supporting documents, such as land registry searches or title deeds, to verify the information declared.

Stamp Duty Property Schedule

The stamp duty property schedule is the mechanism for the Stamp Office to calculate the correct stamp duty payable on a transaction. Hong Kong's stamp duty regime applies different rates depending on whether the buyer is a Hong Kong permanent resident acquiring a property as their sole residential property, or whether the buyer already owns other residential properties.

For a buyer who owns no other residential property in Hong Kong at the time of acquisition, the lower ad valorem stamp duty rates apply. For a buyer who already owns one or more residential properties, the higher rates under the Buyer's Stamp Duty and the Special Stamp Duty may apply. The stamp duty property schedule provides the factual basis for the Stamp Office to determine which rate scale applies.

Submit the schedule at the time of stamping the instrument of transfer. If the buyer fails to declare all properties they own, the Stamp Office may impose penalties for underpaid stamp duty. The buyer may face additional tax liabilities and interest charges.

Hong Kong Property Acquisition Form

The Hong Kong property acquisition form, in the context of stamp duty, refers to the suite of documents a buyer must submit to the Stamp Office when acquiring residential property. Form IRSD102 is one component of this suite. The principal documents include the stamped agreement for sale and purchase or assignment, the stamp duty return, and any supplementary forms required by the Stamp Office based on the buyer's circumstances.

The buyer must complete the Hong Kong property acquisition form accurately and truthfully. The Inland Revenue Department cross-references the information provided on Form IRSD102 with land registry records and other data sources to verify the buyer's property holdings. Any discrepancy between the declared schedule and the actual property interests may result in an investigation and potential penalties.

Landed Property Declaration IRD

The landed property declaration IRD requires the buyer to state whether they are a Hong Kong permanent resident and whether they are acquiring the property as their sole residential property. The declaration also requires the buyer to list all properties they own, including properties held through a company, trust, or other legal arrangement.

The buyer must sign the declaration personally. If the buyer is a corporation, an authorised officer must sign on behalf of the company. The declaration must be witnessed. The witness must provide their name, address, and occupation. The Inland Revenue Department may reject a declaration that is incomplete, unsigned, or improperly witnessed.

Information Required on Form IRSD102

Form IRSD102 requires the following categories of information:

Buyer Particulars: Full name, Hong Kong identity card number or passport number, residential address, and contact details of the buyer. If there are multiple buyers, each buyer must provide their particulars separately.

Property Address: The full address of each residential property the buyer owns, including the street name, building name, floor, and flat number. The address must match the land registry records.

Consideration Amount: The purchase price or consideration paid for each property. If the property was acquired by gift or inheritance, the buyer must state the market value at the time of acquisition.

Property Type: Whether the property is a flat, house, townhouse, or other residential unit. The form also asks whether the property is located in Hong Kong or overseas.

Residential Status: Whether the buyer is a Hong Kong permanent resident and whether the buyer is acquiring the new property as their sole residential property.

Date of Acquisition: The date on which the buyer acquired each property, as recorded in the land registry.

Nature of Interest: Whether the buyer holds the property as sole owner, joint tenant, tenant in common, or through a nominee or trust.

Submitting Form IRSD102

The buyer or their solicitor must submit Form IRSD102 to the Stamp Office together with the instrument of transfer. The form can be submitted in person at the Stamp Office counter, by post, or through the e-Stamping system if the transaction is eligible for electronic stamping.

The Stamp Office will adjudicate the stamp duty based on the information provided on Form IRSD102 and the principal instrument. If the buyer qualifies for the lower stamp duty rate, the Stamp Office will issue a stamp certificate reflecting the lower amount. If the buyer is subject to the higher rate, the stamp certificate will show the higher amount.

The buyer should retain a copy of the completed Form IRSD102 and the stamp certificate for their records. The Inland Revenue Department may request these documents in future audits or investigations.

Penalties for Incorrect Declarations

Providing false or incomplete information on Form IRSD102 is a serious matter. The Inland Revenue Department may impose penalties of up to three times the amount of stamp duty underpaid, plus interest. In cases of deliberate fraud, the department may also prosecute the buyer under the Stamp Duty Ordinance (Cap. 117).

The buyer should therefore take care to list every residential property they own, including properties held jointly with a spouse or through a company. If the buyer is unsure whether a particular property interest must be declared, they should seek professional advice from a solicitor or tax adviser before submitting the form.

Where to Obtain Form IRSD102

The current version of Form IRSD102 is available for download from the Inland Revenue Department's website at www.ird.gov.hk. The department updates the form periodically, so the buyer should always use the latest version. The form is also available in paper format from the Stamp Office counter at the Inland Revenue Department's headquarters in Wan Chai.

The Inland Revenue Department provides guidance notes that explain how to complete Form IRSD102 and what supporting documents are required. The buyer should read these notes carefully before completing the form.

How to fill out Form IRSD102

Page one of the official form. Every field named below appears on it in the same order.

How to fill out Form IRSD102: page one of the Schedule of Landed Properties form from the Companies Registry

I. 物業資料 Details of Landed Properties

提交的最新經審計/管理帳目結算日期 Cut-off Date of the latest audited/ management accounts now submitted Enter the cut-off date of the accounts you are submitting with the stamping application. This date must be within 6 months before the share transfer date. If it is not, you must instead submit certified management accounts with a cut-off date within 3 months before the transfer date, and enter that management accounts cut-off date here.

物業種類 Type of Property / 業主 Owner(s) / 物業地址 Address of Property For each property owned by the company or its subsidiaries, tick the property type (Domestic, Retail, Office, Factories, or Other with a description). State the owner(s) name(s). Give the full address. For Hong Kong properties, use the official building number from the Rating and Valuation Department. For New Territories sites or rural properties, provide the D.D. and Lot number and, if known, the New Grant number. Properties outside Hong Kong must also be listed with full address.

業權 Interest Held Tick “Whole” if the company/subsidiary owns 100% of the property. Tick “Part” and state the percentage held if ownership is less than 100%.

購買日期 Date of Purchase / 買入價 Cost / 帳面值 Net Book Value Per Accounts Enter the date the property was purchased, the original purchase cost, and the net book value as shown in the audited/management accounts.

合計 Total Add up the net book values of all properties listed in Section I and enter the total.

II. 購買和/或出售的物業 Purchased and/or Sold Properties

物業種類 Type of Property / 業主 Owner(s) / 物業地址 Address of Property / 業權 Interest Held Use the same columns as Section I to list any properties the company or its subsidiaries bought or sold during the period from the cut-off date entered in Section I up to the date of the share transfer. If there were no such transactions, leave this section blank.

購買/出售日期 Date of Purchase/Sale / 買價/賣價 Purchase Cost/Selling Price Enter the date of each purchase or sale transaction, and the corresponding purchase cost or selling price.

核證 Certification

經 董事/經理/會計師/律師 核證 Certified by Director/ Manager/ Accountant/ Solicitor The person completing and certifying the schedule must sign here. The certifier must be a director, manager, accountant, or solicitor of the company. The signature confirms the information is correct.

Common Mistakes

  • Cut-off date too old. If the latest audited accounts are more than 6 months before the transfer date, you must submit certified management accounts and use their cut-off date. Failing to do this will cause rejection.
  • Incomplete addresses. For Hong Kong properties, always use the official building number. For New Territories rural properties, the D.D. and Lot number are mandatory.
  • Omitting properties outside Hong Kong. The form explicitly requires details of all landed properties, including those outside Hong Kong.
  • Leaving Section II blank when there were transactions. If any property was bought or sold between the cut-off date and the transfer date, it must be listed here.

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