Stamp Act · 2022 Revised Edition · Part 2
23. Directions as to duty in certain cases (Leases)
Official textFrom Attorney General's Chambers, unchanged
A lease or agreement for a lease or with respect to any letting is not to be charged with any duty in respect of any penal rent, or increased rent in the nature of a penal rent, thereby reserved or agreed to be reserved or made payable or by reason of being made in consideration of the surrender or abandonment of any existing lease or agreement of or relating to the same subject matter.
lease
“lease” means a lease of immovable property and, includes — (a) any undertaking in writing to cultivate, occupy, or pay or deliver rent for, immovable property; (b) any instrument by which tolls, rents or profits of any description are let to farm; (c) any writing on an application for a lease intended to signify that the application is granted;
A lease made for any consideration in respect whereof it is chargeable with ad valorem duty, and in further consideration either of a covenant by the lessee to make, or of his having previously made, any substantial improvement of or addition to the property demised to him, or of any covenant relating to the matter of the lease, is not to be charged with any duty in respect of such further consideration.
chargeable
“chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and as applied to any other instrument chargeable under the law in force in Brunei Darussalam when such instrument was executed or, when several persons executed the instrument at different times, first executed;
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An instrument whereby the rent reserved by any other instrument chargeable with duty and duly stamped as a lease is increased is not to be charged with duty otherwise than as a lease in consideration of the additional rent thereby made payable.
instrument
“instrument” includes every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded;
Terms defined in s 2
chargeable
Defined · s 2“chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and as applied to any other instrument chargeable under the law in force in Brunei Darussalam when such instrument was executed or, when several persons executed the instrument at different times, first executed;
instrument
Defined · s 2“instrument” includes every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded;
lease
Defined · s 2“lease” means a lease of immovable property and, includes — (a) any undertaking in writing to cultivate, occupy, or pay or deliver rent for, immovable property; (b) any instrument by which tolls, rents or profits of any description are let to farm; (c) any writing on an application for a lease intended to signify that the application is granted;
property
Defined · s 2“property” includes movable and immovable property and any estate in any property movable or immovable and any debt and anything in action and any other right or interest in the nature of property whether in possession or not;
Part
Liability of Persons to Payment of Duty
Part 4
Part
Time of Stamping Instruments
Part 6
Part
Sale of Stamps and Allowance for Spoiled Stamps
Part
Offences and Penalties
Part
Estate Duties
Part