March 3, 2021

Cayman Islands Government reminds public of stamp duty on leases

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13The Lands & Survey Department would like to remind the public that all leases, whether commercial or residential, regardless of length, must be submitted to Lands & Survey for the assessment & payment of Stamp Duty.

In accordance with the (2013 Revision), Section 3. (1) – Charge of Stamp Duty, coupled with the instrument specified in the Schedule – ‘Lease or Agreement for a Lease of Immoveable Property or Interest therein’ all leases are subject to Duty.

The Department suspects that there are many property leases in existence which have not been presented for Stamp Duty assessment. All such leases must be submitted for the assessment of Duty, no matter how long the lease period or whether the lease is required by law to be registered with the or not.

Jon Hall, commented: “The general public may not be fully aware of the Stamp Duty Law and I can understand how some confusion and misunderstandings may have arisen. However, there are no exceptions, and I cannot stress enough – if you have a written lease, regardless of whether it is called a tenancy, lease, agreement or other similar description, then Stamp Duty is payable on it.”

Registrar of Lands, Sophia Williams continued, “Under the Registered Land Law, all leases greater than 2 years must be Registered (for leases shorter than this period, Registration is optional). I would encourage Registration because this provides protection of the rights of both parties to the lease in the event of dispute. But Stamp Duty is payable in both instances.”

 For further information on Stamp Duty issues, please contact the Valuation & Estates Office at the Lands & Survey Department on 244-3420 or by email at [email protected].

Comprehensive information on Stamp Duty is also available at the Department’s website, www.caymanlandinfo.ky. Specific information regarding Stamp Duty on leases can be found at http://www.caymanlandinfo.ky/tabid/123/Default.aspx.

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IMAGE: readyforstampduty.wordpress.com

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