Stamp Act

The Collector may established or operate a computer service known as the E-Stamping system that enables a registered person, in accordance with the arrangements made under this section —

to obtain an assessment of stamp duty (and any penalty) on an instrument;

to pay stamp duty (and any penalty) on an instrument by electronic funds transfer in accordance with the assessment; and

to stamp the instrument by attaching a stamp certificate to it which bears an authorisation number issued for the instrument and such other particulars as are determined by the Collector, without the need for the instrument to be presented to the Collector or a proper officer in charge of the stamp office.

Any person may apply to the Collector to register to use the

The Collector may refuse an application made under subsection (2) or approve the registration of the applicant subject to such terms as he thinks fit.

An approval may be amended at any time by agreement between the Collector and the registered person or by written notice given by the

An approval granted under subsection (3) shall remain in force until it is cancelled by the Collector or until the registered person surrenders the approval.

The Collector may, by written notice, cancel an approval at any time for any reason.

The Collector may, with the approval of His Majesty the Sultan and Yang Di-Pertuan —

determine the information and particulars that may be electronically transmitted under the E-Stamping system, including the form and manner they are to be transmitted;

determine the procedure for use of the E-Stamping system, including the procedure in circumstances where there is a breakdown or interruption in the computer services; and

generally do such other things for the better provision of the computer service.

For the purposes of this Act, the issue, using the E-Stamping system, of a stamp certificate for an instrument shall comprise an assessment of the duty (and any penalty) in relation to the instrument.

A registered person must, on receipt of a stamp certificate issued for the instrument by the Collector, immediately attach the stamp certificate to the instrument.

The Minister may, in his absolute discretion, by an order published in the Gazette, authorise any banker to compound for the payment of duty on unstamped cheques on the following conditions —

that the said cheques be drawn and issued on forms to be supplied or adopted by the said banker;

that the said banker do levy upon or charge to the person to whom such cheques are issued the stamp duty mentioned in

that the said banker do pay on the 1st day of January and 1st day of July in each year to the Collector the amount due and collected thereon as duties on such unstamped cheques;

that the said banker do deposit with the Collector, as security for the due payment to the Collector of any moneys payable under paragraph (c) such sum, if any, as the Minister may direct.

Cheques drawn and issued on forms supplied or adopted by such bank in accordance with this section are deemed to be duly stamped.

Where a banker has been authorised to compound for the payment of duty on unstamped cheques as provided in subsection (1), the

Every instrument written upon stamped paper is to be written in such manner and every instrument partly or wholly written before being stamped is to be so stamped that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instruments written upon the same piece of paper.

If more than one instrument be written upon the same piece of paper, every one of the instruments is to be separately and distinctly stamped with the duty with which it is chargeable.

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 the matters;

an instrument made for any consideration in respect of which it is chargeable with ad valorem duty, and also for further or

when the sum is payable for a definite period so that the total amount to be paid can be previously ascertained, such total amount;

where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance, the total amount which according to the terms of such instrument or conveyance, will or may be payable during the period of 20 years calculated from the date on which the first payment becomes due; and

where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance, the maximum amount which will or may be payable as aforesaid during the period of 12 years calculated from the date on which the first payment becomes due.

When any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration.

When property contracted to be purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance for each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified.

When a person having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with

When a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect only of the consideration paid by such sub-purchaser, without regard to the amount or value of the original consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the sub-purchaser:

When a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid to him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or where such duty would exceed $10 with a duty of $10.

Any contract or agreement made in Brunei Darussalam under seal or under hand only, for the sale of any equitable estate or interest in any property whatsoever, or for the sale of any estate or interest in any property except lands, tenements, hereditaments, or heritages or property locally situate out of Brunei Darussalam or goods, wares or merchandise or stock or marketable securities, or any ship or vessel or part interest, share or property of or in any ship or vessel, shall be charged with the same ad valorem duty, to be paid by the purchaser, as if it were an actual conveyance on sale of the estate, interest, or property contracted or agreed to be sold.

When the purchaser has paid the said ad valorem duty and before having obtained conveyance or transfer of the property, enters into a contract or agreement for the sale of the same, the contract or agreement shall be charged, if the consideration for that sale is in excess of the consideration for

When the duty has been duly paid in conformity with the foregoing provisions, the conveyance or transfer made to the purchaser or sub-purchaser, or any other person on his behalf or by his direction, shall not be chargeable with any duty and the Collector, upon application, either shall denote the payment of the ad valorem duty upon the conveyance or transfer, or shall transfer the ad valorem duty thereto upon production of the contract or agreement, or contracts or agreements, duly stamped.

Provided that when any such contract or agreement is stamped with the fixed duty of $10 or $1, the contract or agreement shall be regarded as duly stamped for the mere purpose of proceedings to enforce specific performance or recover damages for the breach thereof.

Provided also that when such contract or agreement is stamped with the said fixed duty and a conveyance or transfer made in conformity with the contract or agreement is presented to the Collector for stamping with the ad valorem duty chargeable thereon within the period of 6 months after the first execution of the contract or agreement, or within such longer period as the Collector may think reasonable in the circumstances of the case, the conveyance or transfer shall be stamped accordingly, and the same and the said contract or agreement, are deemed to be duly stamped. Nothing in this proviso shall alter or affect the provisions as to the stamping of a conveyance or transfer after the execution thereof.

Provided also that the ad valorem duty paid upon any such contract or agreement shall be returned by the Collector in case the contract or agreement be afterwards rescinded or annulled, or for any other reason be not substantially performed or carried into effects so as to operate as or be followed by a conveyance or transfer.

When the consideration or any part of the consideration for which a lease is granted or agreed to be granted consist of any produce or other goods, the value of the produce or goods is to be deemed a consideration in respect of which the lease or agreement is chargeable with ad valorem duty.

When it is stipulated that the value of the produce or goods is to amount at least to, or is not to exceed, a given sum, or where the lessee is specially charged with, or has the option of paying after any permanent rate of conversion, the value of the produce or goods is, for the purpose of assessing the ad valorem duty, to be estimated at a given sum, or according to the permanent rate.

A lease or agreement for a lease made either wholly or partially for any such consideration, if it contains a statement of the value thereof and is stamped in accordance with the statement, is, so far as regards the subject matter of the statement, to be deemed duly stamped, unless or until it otherwise shown that the statement is incorrect, and that the lease or agreement is in fact not duly stamped.

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.

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.

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.

A security for the transfer or retransfer of any stock is to be charged with the same duty as a similar security for a sum of money equal in amount to the value of the stock; and a transfer assignment or disposition of any such security and a reconveyance, release, discharge, surrender, re-surrender, warrant to vacate, or renunciation of any such security is to be charged with the same duty as an instrument of the same description relating to a sum of money equal in amount to the value of the stock.

A security for the payment of any rent charge, annuity or periodical payments by way of repayment, or in satisfaction or discharge of any loan, advance or payment, intended to be so repaid, satisfied or discharged, is to be charged with the same duty as a similar security for the payment of the sum of money so lent, advanced or paid.

A transfer of a duly stamped security, and a security by way of further charge for money or stock added to money or stock previously secured by a duly stamped instrument, is not to be charged with any duty by reason of its containing any further or additional security for the money or stock transferred or previously secured, or the interest or dividends thereof, or any new covenant, proviso, power, stipulation or agreement in relation thereto, or any further assurance of the property comprised in the transferred or previous security.

An instrument chargeable with ad valorem duty as a mortgage is not to be charged with any further duty by reason of the equity of redemption in the mortgaged property being thereby conveyed or limited in any other manner than to a purchaser, or in trust for, or according to the direction of, a purchaser.

A security for the payment or repayment of money to be lent, advanced or paid, or which may become due upon an account current either with or without money previously due, is to be charged, where the total amount secured or to be ultimately recoverable is in any way limited, with the same duty as a security for the amount so limited.

Where such total amount is unlimited, the security is to be available for such an amount only as the ad valorem duty impressed thereon extends to cover; but where any advance or loan is made in excess of the amount covered by that duty the security shall for the purpose of stamp duty be deemed to be a new and separate instrument bearing date on the day on which the advance or loan is made.

Provided that no money to be advanced for the insurance of any property comprised in the security, against damage by fire, or for keeping up any policy of life insurance comprised in the security, or for effecting in lieu thereof any new policy, shall be reckoned as forming of the amount in respect whereof the security is chargeable with ad valorem duty.

No contract for sea insurance shall be valid unless the same is expressed in a sea policy.

No policy of sea insurance made for time shall be made for any time exceeding 12 months.

No policy of sea insurance shall be valid unless it specifies the particular risk or adventure, or the time for which it is made, the names of the subscribers or underwriters, and the amount or amounts insured.

Where any sea insurance is made for or upon a voyage and also for time, the policy shall be charged with duty as a policy for or upon a voyage and also with duty as a policy for time.

Notwithstanding anything in this section contained a policy of sea insurance made for time may contain a continuation clause and such a policy shall not be invalid on the ground only that by reason of the continuation clause it may become available for a period exceeding 12 months.

There shall be charged on a policy of sea insurance containing a continuation clause the stamp duty mentioned in Schedule 1 in addition to the stamp duty which is otherwise chargeable on the policy.

If the risk covered by the continuation clause attaches and a new policy is not issued covering the risk, the continuation clause is deemed to be a new and separate contract of sea insurance expressed in the policy in which it is contained but not covered by the stamp thereon and the policy shall be

any instrument executed by or on behalf of or in favour of the Government in cases where, but for this exemption, the

any instrument which relates exclusively to immovable property situated out of Brunei Darussalam or which relates exclusively to things to be done out of Brunei Darussalam.

Where any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector and the person bringing it applies to the Collector as to whether the instrument is chargeable with any duty and, if so, the amount of duty chargeable, the Collector shall adjudicate and assess the duty with which, in his opinion, the instrument is chargeable.

Where the person seeks the opinion of the Collector under subsection (1) as to the amount of duty chargeable, he shall in making the application for adjudication set forth the value upon which in his opinion duty is chargeable.

The person seeking the opinion of the Collector under subsection (1) as to the amount of duty chargeable shall pay an adjudication fee of $25 and such fee shall remain payable notwithstanding that he subsequently withdraws his application for adjudication.

For the purpose of the adjudication under subsection (1), the

an abstract of the instrument;

an affidavit setting out all the facts and circumstances affecting the liability of the instrument to duty or the amount of such duty;

any other evidence which he considers necessary for the adjudication or determination of duty;

The Collector may refuse to proceed upon any application under subsection (1) until such abstract and evidence have been furnished accordingly.

No evidence furnished under this section shall be used against any person in any civil proceedings, except in an inquiry as to the duty with which the instrument to which it relates is chargeable.

When an instrument brought to the Collector under section 31 is in his opinion one of a description chargeable with duty, and the Collector determines that it is already fully stamped, or the duty assessed by the

endorsement on such instrument; or

issuing and attaching to the instrument a certificate of adjudication, stating that the full duty (stating the amount) with which it is chargeable, has been paid.

When such instrument is in his opinion not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.

Any instrument —

upon which an endorsement has been made; or

in respect of and to which a certificate of adjudication has been issued and attached, under this section, is deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise and may be acted upon and registered as if it had been originally duly stamped:

any instrument executed or first executed in Brunei

any instrument executed or first executed out of Brunei

any instrument chargeable with the duty of 4 cents or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped, unless he shall be satisfied that the omission or neglect to stamp or to stamp sufficiently did not arise from any intention to evade payment of duty or otherwise to defraud.

Any person who is dissatisfied with the assessment of the

The Collector shall thereupon state and sign a case and deliver the same to the person by whom it is required, and the case may within 7 days thereafter be set down by him for hearing.

Upon the hearing of the case the Court shall determine the question submitted, and, if the instrument in question is in the opinion of the

If it is decided by the Court that the assessment of the Collector is erroneous, any excess of duty which may have been paid in conformity with the erroneous assessment, together with any fine or penalty which may have been paid in consequence thereof, shall be ordered by the Court to be repaid to the appellant, with or without costs as the Court may determine.

If the assessment of the Collector is confirmed, the Court may make an order for pay over to the Collector of the costs incurred by him in relation to the appeal.

if, at the time any such bill of exchange, cheque or note comes into the hands of any holder thereof in Brunei Darussalam, the proper adhesive stamp is affixed thereto and cancelled in the manner prescribed by section 4(4) and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such stamp shall so far as relates to such holder be deemed to have been duly affixed and cancelled;

nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp.

Except where other express provision is made by this Act or any other written law, any unstamped or insufficiently stamped instrument may be stamped after the first execution thereof, subject to the following —

where the instrument drawn or made within Brunei

when the instrument is stamped within 3 months after such execution or receipt as mentioned in paragraph (a), on payment in addition to the duty of a penalty of $10 or of the amount of deficient duty, whichever penalty is the greater;

when the instrument is not stamped within 3 months after such execution or receipt as mentioned in paragraph (a), on payment in addition to the duty of a penalty of $25 or four times the amount of deficient duty, whichever penalty is the greater.

The Collector may, within 6 months after the execution of any instrument or its first receipt in Brunei Darussalam mitigate or remit any penalty.

on the instrument concerned by an impressed stamp and certification by the Collector;

by receipt issued by the Collector; or

by notation on the stamp certificate relating to the instrument.

Any person having by law or consent of parties authority to receive evidence, and any person in charge of a public office, except a police officer, before whom any instrument, chargeable in his opinion with duty, is produced or comes in the performance of his functions shall, if it appears to him that such instrument is not duly stamped, impound the same.

For the purpose of subsection (1), any such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by any written law in force in Brunei Darussalam when such instrument was executed or first executed.

Nothing in this section is deemed to require any Magistrate or

In the case of a Judge of the Supreme Court, the duty of examining and impounding any instrument under this section shall be performed by the Registrar or Deputy Registrar of that Court.

Subject to this section, no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless the instrument is duly stamped.

Any instrument referred to in subsection (1) shall, subject to all just exceptions, be admitted in evidence on payment of the duty and the penalty, if any, chargeable in respect thereof under section 39.

When a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement is deemed to be duly stamped.

Nothing in this section shall prevent the admission of any instrument in evidence —

in any criminal court; or

in any court when the instrument has been executed by or on behalf of the Government, or of any other government, country or territory, or where it beats the certificate of the Collector as provided by this Act.

When the person impounding an instrument under section 43A has by law or consent of parties authority to receive evidence and admits the instrument in evidence on payment of duty and penalty, if any, he shall, as

The Collector shall stamp the instrument in accordance with section 39 and shall return it to the person who sent it to him.

In every other case in which an instrument is impounded under section 43A, the person impounding the instrument shall send it immediately to the Collector.

The Collector, on payment of the duty and penalty, if any, chargeable in respect thereof under section 39, shall stamp the instrument and shall return it to the person who sent it to him, but if such duty and penalty, if any, is not paid, he shall retain the instrument.

When any duty or penalty has been paid in respect of any instrument by any person, and by agreement or under the provisions of this

For the purpose of any recovery referred to in subsection (1), any certificate granted in respect of the instrument by the Collector shall be conclusive evidence as to the amount of the duty and penalty paid and the person by whom they were paid.

The Chief Revenue Authority may, in his discretion grant a licence to any person to deal in stamps at any place to be named in the licence.

The licence shall specify the full name and place of abode of the person to whom the same is granted, and a description of every house, shop, or place in or at which he is authorised to deal in stamps.

Every person to whom a licence is granted shall give security in the sum of $1,000 in such manner and form as the Chief Revenue Authority shall prescribe, and, if by bond, the bond shall be exempt from stamp duty.

One licence and one bond only shall be required for any number of persons in partnership, and the licence may at any time be revoked by the

Every person licensed to deal in stamps shall cause to be visibly and legibly painted and shall keep so painted in letters of not less than one inch in length on some conspicuous place on the outside of the front of every house, shop, or place in or at which he is licensed to deal in stamps, his full name, together with the words “Licensed to sell stamps”.

If the licence of any person to deal in stamps expires or is revoked, or if any person licensed to deal in stamps dies or becomes bankrupt, and any such person at the expiration or revocation of his licence, or at the time of his death or bankruptcy, has in his possession any stamps, such person, or his executor or administrator, or the State Financial Officer may, within 6 months after the expiration or revocation of the licence, or after the death or bankruptcy, as the case may be, bring or send the stamps to the chief office or to one of the head offices.

The Collector may in such case pay to the person bringing or sending stamps the amount of the duty thereon, deducting the proper discount therefrom, if proof to his satisfaction is furnished that the same were actually in the possession of the person whose licence has expired or been revoked, or so dying or becoming bankrupt, for the purpose of sale, at the

Subject to such rules as may be made by His Majesty the Sultan and Yang Di-Pertuan in Council and to the production of such evidence by statutory declaration or otherwise as the Collector may require, allowance is to be made by the Collector for stamps spoiled in the case hereinafter mentioned, that is to say —

the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by any means rendered unfit for the purpose intended, before the paper bears the signature of any person or any instrument written thereon is executed by any party;

any adhesive stamp which has been inadvertently and undesignedly spoiled or rendered unfit for use and has not in the opinion of the Collector been affixed to any paper;

any adhesive stamp representing a fee capable of being collected by means of such stamp which has been affixed to paper, provided that a certificate from an officer duly authorised by the

the stamp on any bill of exchange signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance;

the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands;

the stamp used for any of the following instruments, that is to say —

an instrument executed by any party thereto, but afterwards found to be absolutely void from the beginning;

an instrument executed by any party thereto, but afterwards found unfit by reason of any error or mistake therein for the purpose originally intended;

an instrument executed by any party thereto, which has not been made use of for any purpose whatever, and which by reason of the inability or refusal of some necessary party to sign the same or to complete the transaction according to the instrument is incomplete and insufficient for the purpose for which it was intended;

an instrument executed by any party thereto, which by reason of the refusal of any person to act under the same, or for want of registration within the time required by law, fails of the intended purpose or becomes void;

an instrument executed by any party thereto which is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped, or which becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument duly stamped:

the application for relief is made within 6 months from the date of the stamp or in the case of an executed instrument after the date of the instrument or if it is not dated within 6 months after the execution thereof by the person by whom it was first or alone executed or within such further time as the Collector may prescribe in the case of any instrument sent abroad for execution or when from unavoidable circumstances any instrument for which another has been substituted cannot be produced within the said period; and

in the case of an executed instrument no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence, and that the instrument is given up to be cancelled.

In this section and section 50, “stamp” includes a stamp certificate.

executes any instrument in which all the facts and circumstances are not truly and fully set forth as required by section 9; or

being employed or concerned in or about the preparation of any instrument neglects or omits fully and truly to set forth therein all the said facts and circumstances, is guilty of an offence and liable on conviction to a fine of $1,000.

being a person liable to pay duty gives a receipt liable to duty without the same being stamped; or

being required under section 29 to give a receipt, refuses or neglects to give the same; or

upon a payment of money or delivery of property exceeding $20 in amount or value, gives a receipt for an amount or value not exceeding $20 or separates or divides the money or property paid or delivered, is guilty of an offence and liable on conviction to a fine of $1,000.

Any person who —

draws, makes, issues, endorses or transfers or signs otherwise than as a witness, or presents for acceptance or payment or accepts, pays or receives payment of or in any manner negotiates any bill of exchange, cheque or promissory note without the same being duly stamped; or

makes or executes any bill of lading or contract note without the same being duly stamped; or

executes, grants, issues or delivers out any document chargeable with duty as a letter of allotment, letter of renunciation, certificate or marketable security without the same being duly stamped, is guilty of an offence and liable on conviction to a fine of $500.

When any penalty has been paid in respect of any instrument under section 39, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.

Any person by whom an appraisement or valuation chargeable with stamp duty is made who —

within 14 days after the making thereof neglects or omits to write out the same in words and figures showing the full amount thereof on duly stamped paper; or

in any other manner discloses the amount of the appraisement or valuation, is guilty of an offence and liable on conviction to a fine of $200.

Any person who receives from any appraiser or pays for the making of any such appraisement or valuation shall, unless the same be written out and stamped as aforesaid, is guilty of an offence and liable on conviction to a fine of $200.

draws, makes or issues any bill of exchange or any promissory note bearing a date subsequent to that on which such a bill or note is actually drawn or made; or

knowing that such bill or note has been so post-dated, indorses, transfers, presents for acceptance or payment or accepts, pays or receives payment of such bill or note or in any manner negotiates the same, is guilty of an offence and liable on conviction to a fine of $1,000.

Every letter or power of attorney for the purpose of appointing a proxy to vote at a meeting hereby respectively charged with duty shall specify the day upon which the meeting at which it is intended to be used is to be held, and shall be available only at the meeting so specified, and any adjournment thereof.

Any person who makes or executes or votes or attempts to vote under or by means of any such letter or power of attorney, not being duly stamped, is guilty of an offence and liable on conviction to a fine of $100,

Any person who —

receives or takes credit for any premium or consideration for any insurance other than a sea insurance and does not within 3 months after receiving or taking credit for the premium or consideration make out and execute a duly stamped policy of insurance; or

makes, executes or delivers out or pays or allows in account or agrees to pay or allow in account any money upon or in respect of any policy other than a policy of sea insurance which is not duly stamped, is guilty of an offence and liable on conviction to a fine of $400.

Any person who —

becomes an assurer upon any sea insurance or enters into any contract for sea insurance, or directly or indirectly receives or contracts or takes credit in account for any premium or consideration for any sea insurance, or knowingly takes upon himself any risk, or renders himself liable to pay, or pays any sum of money upon any loss, peril or contingency relative to any sea insurance, unless the insurance is expressed in a policy of sea insurance duly stamped; or

makes or effects or knowingly procures to be made or effected any sea insurance, or directly or indirectly gives or pays, or renders himself liable to pay, any premium or consideration for any sea insurance, or enters into any contract for sea insurance, unless the insurance is expressed in a policy of sea insurance duly stamped; or

is concerned in any fraudulent contrivance or device, or is guilty of any wilful act, neglect or omission with intent to evade the duties payable on policies of sea insurance or whereby the duties may be evaded, is guilty of an offence and liable on conviction to a fine of $400.

Every broker, agent or other person negotiating or transacting any sea insurance contrary to the true intent and meaning of this Act, or executing any policy of sea insurance upon paper not duly stamped, shall for every such offence be liable to a fine of $400 and shall not have any legal claim to any charge for brokerage, commission or agency or for any money expended or paid by him with reference to the insurance, and any money paid to him in respect of any such charge is deemed to be paid without consideration, and shall remain the property of his employer.

Any person who makes or issues or causes to be made or issued any document purporting to be a copy of a sea policy, and there is not at the time of the making or issue in existence a policy duly stamped whereof the said document is a copy, shall for such offence, in addition to any other fine or penalty to which he may be liable, be liable to a fine of $400.

Any person not duly appointed to sell and distribute stamps who deals in any way in stamps, without being licensed to do so, or at any house, shop or place not specified in his licence, shall for every such offence be liable to a fine of $200.

Any person not duly appointed to sell and distribute stamps or duly licensed to deal in stamps who has, or puts upon his premises either in the inside or on the outside thereof, or upon any board or any material whatever exposed to public view, and whether the same be affixed to his premises or not, any letters importing or intending to import that he deals in stamps, or is licensed to do so, is liable to a fine of $200.

Any person who, whether licensed to deal in stamps or not, hawks or carries about for sale or exchange any stamps, shall, in addition to any other fine or penalty to which he may be liable, is guilty of an offence and liable on conviction to a fine of $400.

All stamps which are found in the possession of the offender shall be forfeited, and shall be delivered to the Collector to be disposed of as he thinks fit.

sells or offers for sale a stamp certificate or certificate of adjudication;

fraudulently attaches a stamp certificate or certificate of adjudication to an instrument other than the instrument for which the stamp certificate or certificate of adjudication was issued;

fraudulently detaches a stamp certificate or certificate of adjudication or fraudulently causes a stamp certificate or certificate of adjudication to be detached from an instrument;

counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp certificate or certificate of adjudication issued by the Collector;

sells or offers for sale any certificate which he knows or ought reasonably to know to be a counterfeit of any stamp certificate or certificate of adjudication issued by the Collector;

uses as a genuine stamp certificate or certificate of adjudication, knowing it to be a counterfeit of any stamp certificate or certificate of adjudication, is guilty of an offence and liable on conviction to a fine not exceeding

No prosecution in respect of any offence punishable under this

The Chief Revenue Authority, or any officer generally or specially authorised by him in this behalf, may stay any such prosecution or compound any such offence.

The amount of any such composition shall be recovered in accordance with the provisions of any Act providing for the institution of suits by the Government for the time being in force.

In the case of every person dying after the commencement of this Act and before 15th December 1988 there shall, in the cases set out in

In the case of every person dying on or after 15th December 1988, there shall, in the cases set out in Article 1A of

Property passing on the death of the deceased is deemed to include the property following, that is to say —

property of which the deceased was at the time of his death competent to dispose;

property in which the deceased or any other person had an interest ceasing on the death of the deceased, to the extent to which a benefit accrues or arises by the cesser of such interest; but exclusive of property the interest in which of the deceased or other person was only an interest as holder of an office, or recipient of the benefits of a charity;

property taken as a donatio mortis causa made by any person dying after the commencement of this Act, or taken under a disposition, made by any person so dying, purporting to operate as an immediate gift inter vivos whether by way of transfer, delivery, declaration of trust, or otherwise which shall not have been bona fide made 12 months before the death of the deceased or taken under any gift, whenever made, of which property bona fide possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor, or of any benefit to him by contract or otherwise;

property which a person dying after the commencement of this Act having been absolutely entitled thereto has caused or may cause to be transferred to or vested in himself and any other person jointly whether by disposition or otherwise (including also any purchase or investment effected by the person who was absolutely entitled to the property either by himself alone, or in concert, or by arrangement with any other person) so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to such other person;

property passing under any past or future settlement made by any person dying after the commencement of this Act by deed or any other instrument not taking effect as a will, whereby an interest

any annuity or other interest purchased or provided by the deceased either by himself alone or in concert or by arrangement with any other person, to the extent of the beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased.

Property passing on the death of the deceased is not deemed to include property held by the deceased as trustee for another person, under a disposition not made by the deceased or under a disposition made by the deceased more than 12 months before his death where possession and enjoyment of the property was bona fide assumed by the beneficiary immediately upon the creation of the trust and thenceforward retained to the entire exclusion of the deceased or of any benefit to him by contract or otherwise.

Estate duty shall not be payable in respect of property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes nor in respect of the determination of any annuity for lives where such purchase was made or such annuity granted for full consideration in money or money’s worth paid to the vendor or grantor for his own use or benefit.

Where any such purchase was made, or annuity granted for partial consideration in money or money’s worth paid to the vendor or grantor for his own use or benefit, the value of the consideration shall be allowed as a deduction from the value of the property for the purchase of estate duty.

Subject to the provisions of this Act, estate duty shall not be payable in the case of a person dying on or after 15th December 1988 to the extent of $2,000,000 of the aggregate value of the deceased’s interest in a dwelling-house or dwelling-houses whether occupied by the deceased or not

Any dwelling-house —

used wholly or partly for the purposes of any trade, business, profession or vocation by any person at the time of death of the deceased; or

passing on the death of the deceased by virtue of section 70(1)(c), shall not qualify for the relief under subsection (1).

For the purposes of this section “dwelling-houses” include any building or tenement or any part thereof, which is used, constructed or adapted to be used for human habitation.

Estate duty shall be payable as hereinafter mentioned.

The executor of the deceased shall pay the estate duty in respect of all property of which the deceased was competent to dispose at the death and may pay in the estate duty in respect of any other property passing on such death, which by virtue of any testamentary disposition of the deceased is under the control of the executor or in the case of property not under his control if the persons accountable for the duty in respect thereof request him to make such payment.

Where the executor does not know the amount or value of any property which has passed on the death, he may state in the affidavit for the

Estate duty so far as not paid by the executor shall be paid within 24 months after the death, by the person accountable for the duty, or within such further time as the Collector may allow.

Every estate shall include all income accrued upon the property included therein down to and outstanding at the date of the death of the deceased.

Interest at the rate of 4 per centum per annum on the estate duty shall be paid from the expiration of 24 months after the death, and shall form part of the estate duty and subject as aforesaid interest at the said rate of 4 per cent for every subsequent year or part of a year during which probate or letters of administration shall not have been obtained shall accrue on the estate duty payable. The payment of interest shall not relieve any person from any penalty he may have incurred under this Act.

The duty which is to be collected upon an affidavit for the

In determining the value of an estate for the purpose of estate duty allowance shall be made for reasonable funeral expenses not to exceed

for debts incurred by the deceased, or incumbrances created by a disposition made by the deceased, unless such debts or incumbrances were incurred or created bona fide for full

for any debt in respect whereof there is a right to reimbursement from any other estate or person unless such reimbursement cannot be obtained; or

more than once for the same debt or incumbrance charged upon different portions of the estate, and any debt or incumbrance for which an allowance is made shall be deducted from the value of the property liable thereto.

An allowance shall not be made in the first instance for debts due from the deceased to persons resident out of Brunei Darussalam (unless contracted to be paid in Brunei Darussalam or charged on property situate within Brunei Darussalam) except out of the value of any property of the deceased situate out of Brunei Darussalam in respect of which estate duty is paid; and there shall be no repayment of estate duty in respect of any such debts, except to the extent to which it is shown to the satisfaction of the

Where any property passing on the death of the deceased is situate in any country outside the jurisdiction of the Probate Officer and the

The principal value of any property shall be estimated to be the price which, in the opinion of the Collector, such property would fetch if sold in the open market at the time of the death of the deceased.

Every person applying for probate or letters of administration shall, to the best of his knowledge and belief, specify in appropriate accounts annexed to an affidavit for the Collector in the prescribed form all the property in respect of which estate duty is payable upon the death of the

Where property passes on the death of the deceased, and his executor is not accountable for the estate duty in respect of such property every person to whom any property so passes for any beneficial interest in possession, and also to the extent of the property actually received or disposed of by him, every trustee, guardian, committee, or other person in whom any interest in the property so passing or the management thereof is at any time vested, and every person in whom the same is vested in possession by alienation or other derivative title shall be accountable for the estate duty on the property and shall within the time required by this Act or such later time as the Collector may allow deliver to the Collector and verify an account for the Collector to the best of his knowledge and belief of the property:

If any person takes possession of or in any way administers any part of an estate in respect of which duty is leviable on the death of any deceased person or of the income of any part of such estate without obtaining probate or letters of administration of such estate or without delivering an account (as the case may be) within 6 months after the decease or within 2 months after the termination of any action or proceeding respecting the will or the right to letters of administration, if there be any such which is not ended within 4 months after such decease, or if any person who ought to deliver any affidavit or account neglects to do so within the said period, he shall forfeit to the Government the sum of $500 and shall also be liable to pay to the Government double the amount of duty leviable and the same shall be a debt due from him to the Government, and may be recovered in accordance with the provisions of any Act providing for the institution of suits by the Government for the time being in force.

The Collector may summon before him any person accountable for estate duty, and any person whom the Collector believes to have taken possession of or administered any part of the estate in respect of which duty is leviable on the death of the deceased, or of the income of any part of such estate, or any person whom the Collector believes to be indebted to the deceased or any person whom the Collector believes to be capable of giving information as to such estate, and may examine such person with regard to the premises and may require any such person to produce any documents in his custody or power relating to the estate in respect of which duty is leviable on the death of the deceased. And any such person who without any lawful impediment or excuse, to be allowed by the Collector, fails to come before the Collector at the time appointed or refuses to answer any question lawfully put him by the Collector or fails to produce any such document as aforesaid, shall forfeit to the Government the sum of $500 which shall be a debt due to the Government and may be recovered in accordance with the provisions of any Act providing for the institution of suits by the

Provided that the Collector or, in any proceeding for the recovery of any penalty to which any person is liable under this Act, the

Nothing in this section shall be held to render liable any person who is entitled under any Act to deliver or order to be delivered property of a deceased person without letters of administration being taken out nor the person to whom property shall be delivered by or by the order of such person.

All affidavits and accounts required under this section shall be delivered to the Collector, who shall before estate duty is levied make such inquiry respecting the contents of or particulars verified by such affidavit or account and the value of the various properties included therein as he thinks

The Collector if he thinks fit may authorise a person to inspect any property and report to him the value thereof for the purposes of this Act, and if he does so the person having the custody or possession of that property shall permit the person so authorised to inspect at such reasonable times as the Collector considers necessary.

When the Collector requires a valuation to be made by a person named by him the costs of such valuation shall be defrayed by the Collector.

When the Collector has ascertained the amount of duty payable on an affidavit or on an account he shall certify the same in writing in the prescribed form.

When the Collector has made his certificate which shall include any interest due in accordance with the provisions of section 73(6), he shall forthwith levy estate duty in the manner hereinafter provided.

No probate or letters of administration shall be issued by any

When the affidavit for the Collector contains the statement and undertaking specified in section 73(3), in Collector may allow payment of the whole or any part of the estate duty to be postponed until after the issue of probate or letters of administration upon condition that a further and complete affidavit shall be filed and the proper duty paid thereon as soon as the full value of the estate has been ascertained; and the Collector may require the person applying for such probate or letters of administration to

Where the Collector is satisfied that the estate duty leviable in respect of any property cannot without excessive sacrifice be raised at once, he may allow payment to be postponed for such period, to such extent and on payment of such interest not exceeding 6 per cent or any higher interest yielded by the property, and on such terms as the Collector may think fit.

Where it is proved to the satisfaction of the Collector that too much estate duty has been paid the excess shall be repaid by him.

If it shall be afterwards discovered that for any reason too little duty has been paid the person accountable for estate duty shall within one month of the discovery deliver a further affidavit or further account and shall pay the difference between the duty chargeable according to the true value of the estate and the duty already paid and shall at the same time pay to the Collector interest upon the duty at the rate mentioned in section 73(6)

In case there has been an appeal under section 81 from a certificate of the Collector made under section 75(10), no claim shall be made for the return of excess duty or for the payment of additional duty except on the ground that the particulars of the property passing on the death

When an estate includes an interest in expectancy, estate duty in respect of that interest shall be paid, at the option of the person accountable for the duty, either with the duty in respect of the rest of the estate or when the interest falls into possession, and if the duty is not paid with the estate duty in respect of the rest of the estate, then —

for the purpose of determining the rate of estate duty in respect of the rest of the estate the value of the interest shall be its value at the date of the death of the deceased; and

the rate of estate duty in respect of the interest when it falls into possession shall be calculated according to its value when it falls into possession, together with the value of the rest of the estate as previously ascertained.

The value of the benefit accruing or arising from the cesser of an interest ceasing on the death of the deceased shall if the interest extended to the whole income of the property, be the principal value of that property, and if the interest extended to less than the whole income of the property, be the principal value of an addition to the property equal to the income to which the interest extended.

A rateable part of the estate duty on an estate, in proportion to the value of any property which does not pass to the executor as such, shall be a first charge on the property in respect of which duty is leviable:

If the rateable part of the estate duty in respect of any property is paid by the executor, it shall when occasion requires be repaid to him by the trustees or owners of the property.

A person authorised or required to pay the estate duty in respect of any property shall, for the purpose of paying the duty or raising the amount of duty when already paid, have power, whether the property is or is not vested in him, to raise the amount of such duty and any interest and expenses properly paid or incurred by him in respect thereof by the sale or mortgage or a terminable charge on that property or any part thereof.

A person having a limited interest in any property who pays the estate duty in respect of that property shall be entitled to the like charge as if the estate duty in respect of that property had been raised by means of a mortgage to him.

Any money arising from the sale of property comprised in a settlement or held upon trust to lay out upon the trusts of a settlement may be expended in paying any estate duty in respect of property comprised in the settlement and held upon the same trusts.

In the case of property which does not pass to the executor as such, an amount equal to the proper rateable part of the estate duty may be recovered by the person who, being authorised or required to pay the estate duty in respect of any property has paid such duty, from the person entitled to any sum charged on such property (whether as capital or as an annuity or otherwise) under a disposition not containing any express provision to the contrary.

Any dispute as to the proportion of estate duty to be borne by any property or person may be determined upon application by way of summons in the High Court.

Any party from whom a rateable part of estate duty can be recovered under this section shall be bound by the accounts and valuations as settled between the person entitled to recover the same and the Collector.

Any person aggrieved by the decision of the Collector with respect to the amount of estate duty payable on an affidavit or account or with respect to the repayment of any excess duty or to any claim for additional duty by the Collector and whether he is aggrieved on the ground of the value of any property or the rate charged or otherwise, may on payment, of, or giving security as hereinafter mentioned for, the duty claimed by the Collector or such portion of it as is then payable by him, appeal to the High Court within 3 months from the date of the decision and the amount of the duty shall be determined by the Court and if the duty is less than that paid to the Collector the excess shall be repaid.

No appeal shall be allowed from any order, direction, determination or decision of the Court under any appeal under this section except with the leave of the Court or of the Court of Appeal.

The costs of the appeal shall be in the discretion of the Court, and the Court where it appears to the Court just, may order the Collector to pay on any excess of duty repaid by him interest at the rate of 4 per cent per annum for such period as appears to the Court just:

In this Part, unless the context otherwise requires —

For the purpose of this Part —

a person is deemed competent to dispose of property if he has such an estate or interest therein or such general power as would, if he were sui juris, enable him to dispose of the property; and the expression “general power” includes every power or authority enabling the donee or other holder thereof to appoint or dispose of property as he thinks fit, whether exerciseable by instrument

a disposition taking effect out of the interest of the deceased person is deemed to have been made by him, whether the concurrence of any other person was or was not required;

money which a person has a general power to charge on property is deemed to be property of which he has power to dispose.

The Chief Revenue Authority may authorise any banker having authority to issue bank notes upon giving such security for payment of the composition hereinafter mentioned and for keeping, producing and rendering accounts as the Chief Revenue Authority may think fit, to issue bank notes on unstamped paper and to compound for the duty payable thereon by payment to the Collector within the first 5 days of each month of one twenty-fourth per cent on the average value of such notes in circulation during the immediately preceding month.

Every banker issuing bank notes shall on the 1st day of each month transmit to the Collector an account of the average circulation of his notes during the immediately preceding month signed by himself and by his

To ascertain the monthly average, the aggregate value of the notes in circulation on every day of business during the month shall be divided by the number of days of business in such month and the average so ascertained is deemed to be the average in circulation. All bank notes are deemed to be in circulation from the time the same shall have been issued until the same shall have been actually returned.

Every book of every banker in which is entered any account, minute or memorandum of or relating to the bank notes issued by him or in circulation or any account, minute or memorandum the sight or inspection whereof may tend to secure the rendering of true accounts or to test the truth of any such account shall be open for the inspection and examination at all reasonable times of the Collector who shall be at liberty to take copies thereof or extracts therefrom:

reduce or remit whether prospectively or retrospectively in the whole or any part of Brunei Darussalam the duties with which any instrument or any particular class of instruments, or any of the instruments belonging to such class or any instruments when executed by or in favour of any particular class of persons or by or in favour of any members of such class, are chargeable; and

provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate of debentures, bonds or other marketable securities.

where the principal value of the estate exceeds

in all other cases the amount of estate duty payable shall, where necessary, be reduced so as not to exceed the highest amount of duty which would be payable at the next lower rate, with the addition of the amount by which the value of the estate exceeds the value on which the highest amount of duty would be so payable at the lower rate.

for the immediate purpose of being filed or used in any Court or before any Judge or officer of any

for the sole purpose of enabling any person to receive any pension or charitable allowance;

by a surety for an officer of the Government with regard to the surety’s means.

for or relating to the sale of any goods, wares, or merchandise other than a hire or purchase agreement;

for service or personal employment where the wages do not exceed $25 per month, and any agreement between the master and mariners of any vessels or boat for wages;

the matter whereof is not of the value of $25;

for the reference of any matter to arbitration.

Appraisement or valuation made for and for the information of one party only, and not being in any manner obligatory as between either by agreement or operation of law;

A certificate of an architect or engineer as to the value of work done under a building or engineering contract;

Appraisement or valuation made in pursuance of the order of any Court;

Appraisement or valuation of property of a deceased person made for the information of an executor or other person required to deliver an affidavit or account of the estate of such deceased person;

Appraisement or valuation of any property made for the purpose of ascertaining the estate duty payable in respect thereof.

in any case in which an amount or value is the matter in dispute;

where no amount or value is stated .........................

On sale of any property

Of shares in a company whether on sale or otherwise, to be computed on the price or such shares —

when the name of the transferee is filled in prior to the execution of the transfer by the transferor .....................................

when the name of the transferee is not filled in prior to the execution of the transfer by the transferor (commonly called “a blank transfer”) ........................

of any property except such shares as aforesaid by way of security of any security ...............................

of any property except such shares as aforesaid by way of gift (not being a settlement) ........................

for the purpose of effectuating an appointment of a new Trustee .............................................................

an instrument chargeable with any duty;

an original will or codicil;

the probate or probate copy of a will or codicil;

any letters of administration;

any public register (except any register of births, baptisms, marriages, deaths, or burials);

the books, rolls, or records of any court.

copy of any paper which a public officer is expressly required by law to make or furnish, for record in any public office, or for any public purpose;

Copy or extract of or from any law proceedings.

if the duty with which the original instrument is chargeable does not exceed $2.00

in any other case .....................................................

without fine or premium when the rent calculated for a whole year —

does not exceeding in value $100 ..................

exceeds $100 but does not exceed $250 .........

exceeds $250 but does not exceed $500 .........

exceeds $500, for every additional $250 or any part thereof ...............................................

in consideration of a fine or premium and without rent ..........................................................................

in consideration of a fine or premium and reserving a rent .......................................................................

being the only or principal or primary security for the payment or repayment of money —

being a collateral or auxiliary or additional or substituted security or by way of further assurance for the abovementioned purpose where the principal of primary security is duly stamped;

transfer or assignment of any mortgage deed bond debenture or convenant or of any money or stock secured by any such instrument or by any warrant of attorney to enter up judgment or by any judgment;

reconveyance, re-assignment, release, discharge, surrender, warrant to vacate, or renunciation of any such security as aforesaid or of the benefit thereof or of the money thereby secured —

if the total amount of value of the money does not exceed $500 ...............................................

in any other case ..............................................

mortgage executed in pursuant of a duly stamped agreement for the same, on production of such agreement to the Collector ......................................

when the amount insured does not exceed $1,000 ..

when the amount insured exceeds $1,000 ...............

for time policies on hulls of vessels, for every

for the sole purpose of appointing or authorising any person to vote as proxy at a meeting of a company or association —

where the proxy is to vote at one meeting only

where the proxy is to vote at more than one meeting .............................................................

for the performance of one act only where the value of the property to be dealt with is expressed in the power or letter and does not exceed $500 .....

of any kind whatsoever not hereinbefore described

endorsed on or contained in any instrument duly stamped or exempted acknowledging the receipt of the consideration money therein expressed, or the receipt of any principal money, interest or annuity or other periodical payment therein secured;

for any payment of money without consideration;

given for money or securities for money deposited in the hands of any banker to be accounted for;

given by an officer of the Government for money or other property received from the Treasury:

if on a sale ...............................................................

if by way of security ...............................................

if by way of gift .......................................................

if any other case not otherwise specially charged with duty .................................................................

SETTLEMENT or

SETTLEMENT executed in pursuance of a duly stamped agreement for the same on production of such agreement to the Collector .............................

When the duty with which the lease is chargeable does not exceed $2.00 .............................................

In any other case .....................................................

when drawn or made out of Brunei Darussalam .........

when drawn or made in Brunei Darussalam ................

Lease or agreement ......................................................

Counterpart ..................................................................