Q：
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What is Intra-Group share transfer?
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A：
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Intra-Group Share Transfer is a transfer of shares of a company within a group that for the purpose of group's structure re-organising.
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Q：
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For Intra-Group share transfer, can the company apply for relief of Stamp Duty?
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A：
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Subject to the conditions set out in section 45 of the Stamp Duty Ordinance, Intra-Group relief is available for application for the transfer of shares from one associated body corporate to another.
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Q：
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What are the provisions of Intra-Group relief?
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A：
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Stamp Duty relief is applicable for the transfer of Hong Kong company share from one associated body corporate to another that one is beneficial owner of not less than 90 per cent of the issued share capital of the other, or a third such body is beneficial owner of not less than 90 per cent of the issued share capital of each.
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Q：
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Once the application of Intra-Group relief is approved, is that mean no need to pay other fees?
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A：
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If Intra-Group relief is approved, no adjudication fee is required for the contract notes. However, if an instrument of transfer is executed, a stamp duty of $5 is required; and if a declaration of trust is executed, an adjudication fee of $50 is payable.
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Q：
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Can I pay the Stamp Duty in full and claim for the refund?
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A：
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Yes. You can pay the full amount of Stamp Duty and make the application of Intra-Group relief within 2 years after the date on the contract note has been executed.
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Q：
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Can I make the application without paying the Stamp Duty in advanced?
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A：
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Yes. You can make the application without paying the Stamp Duty in advanced. However, if the application is denied, the share transfer is subject to Stamp Duty and the penalty for late stamping will be imposed.
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Q：
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How long it will take for the application?
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A：
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General response time is within 3 months of receipt of the claim and substantive information. The Stamp Office may issue further queries after reviewing the submitted documents, in such case, the application can only be processed after the further information is provided.
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Q：
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What if the application is denied?
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A：
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If the application is denied, the share transfer is subject to Stamp Duty as a normal transfer. Stamp duty on the instruments and the penalty for late stamping will be imposed.
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FAQ
